Albizu Campos before the Grand Jury
Pedro Albizu Campos, under oath, declares as follows:
-What is your name? -Pedro Albizu Campos.
-Were you summoned by a “subpoena duces tecum” to produce before this Grand Jury the documents listed in that subpoena, addressed to you as President of the Partido Nacionalista de Puerto Rico and of the Junta Nacional? -Yes, sir.
-Have you brought those documents? -No, sir.
-Do you refuse to produce them? -I have an answer for that. I wish to clarify at length and say everything to the Grand Jury.
-Señor Albizu Campos has just stated that he wishes to clarify everything before the Grand Jury. It is appropriate for me to advise the Grand Jury and the witness that a witness has the privilege of not testifying against himself, that he cannot be compelled to testify against himself. I now wish to inform the witness that anything he declares may be used against him, and that the statements you make before this Grand Jury will be used against you.
-I do not know; I have not seen him.
-Did Corretjer consult you with regard to the production of those books? -Yes, sir.
-Did you advise him not to produce them? -I told him that if he did so he would incriminate himself in the case being pursued against him.
-Is there no case against him before this Grand Jury? -He is under arrest. He was arrested and posted bail before the United States Commissioner. First of all I wish to protest against the words of the District Attorney. I am not evading responsibilities of any kind, and I am here to answer all questions honestly and frankly, and I am going to invite the District Attorney to follow in this proceeding the same one we followed before the United States Commissioner, because I suppose we are trying to arrive at the truth.
-Are you going to do what you can to help us even when your statements incriminate you? -Yes, sir. I am a loyal, chivalrous, courteous, and honest man.
-If you wish to testify even though it incriminates yourself, you may do so, because you have waived your privilege of not testifying against yourself. -Exactly. No technicalities.
-Why then do you not produce the records requested in the “subpoena duces tecum” addressed to you as President of the Partido Nacionalista de Puerto Rico? Do you base your refusal to produce the records on the privilege you have not to testify against yourself?
-[…] between pages 37 and 46, the case of the validity under international law of the current regime of the United States in Puerto Rico is discussed and submitted to a decision of the highest court of the United States.
-Who is the author of everything alleged from page 37 to 46? -I myself.
-Did you write that? -Yes, sir, and I submitted it to the Supreme Court of the United States. This was a misdemeanor case, concerning a personal incident between Mr. Velázquez and Mr. del Toro, of the Supreme Court. The accused was sentenced to one year in jail in the Municipal Court of San Juan. The sentence was then confirmed by the District Court of San Juan. It was confirmed in the Supreme Court of Puerto Rico and was appealed to the Court of Appeals of the First Circuit, and was reversed. Then, contrary to all precedents — this case is unique in American jurisprudence, contrary to all precedents — the Government of the United States filed a writ of Certiorari after the accused had been exonerated by the Circuit Court of Appeals, in order to keep him in its custody, and the case was brought, for the first time in the history of the United States, before the Supreme Court of the United States. The brief filed by the accused alleged that the Treaty of Paris ratified by Spain and the United States in 1899 is null and void in so far as Puerto Rico is concerned. It alleged that an individual has the right to challenge the validity of a Treaty if his personal rights are affected by it, citing a decision of the Supreme Court of the United States in the case of Wilson v. Shaw, 204 U.S. 24. It alleged that Puerto Rico was a sovereign and independent nation when the Treaty of Paris was ratified. It alleged that Puerto Rico did not form part of this Treaty, and was therefore not bound by it. It alleged that war as an instrument of national policy is universally condemned. It alleged that the Briand-Kellogg Treaty, which is a […]
-Yes, sir.
-Was it sent to anyone? -Yes, sir, to the Holy See and to all the powers of the globe. It was sent to the scientific centers of the globe, to all the major universities, to the best-known men throughout the world.
-Was it sent to certain specific governments of the world? -I said to all members of the League of Nations.
-Do you remember who signed as Secretary of Foreign Relations? -I am sorry, but I do not remember his name.
-(By a juror) Was it Dr. Perea? -I do not remember.
-Will you tell me what the duties of the Secretary of Foreign Relations of the Partido Nacionalista de Puerto Rico are? -His duties are to maintain correspondence with different institutions throughout the world. For some time this position was vacant since the death of the last Secretary of Foreign Relations, Monserrate Bonilla, who died about six months ago in Isabela, and the duties of this position are now being carried out by Señor Corretjer, who is the Secretary General, acting in his dual capacity as Secretary General and Secretary of Foreign Relations.
-You say that his duty is to communicate with all the […]
-Puerto Rico exists as a republic, as a legal matter. Puerto Rico was recognized as an independent nation in 1897 by virtue of the Autonomic Charter of Puerto Rico. There was a distinction because we had a monarchical form of government. The term “Republic” refers to the form of government. Puerto Rico, by virtue of the Autonomic Charter granted by Spain in 1897, was recognized as a sovereign, free and independent nation, and relations between Puerto Rico and Spain, after the granting of the Autonomic Charter, were to be regulated by treaties on equal terms, and the Autonomic Charter is the first treaty that Puerto Rico has formed. It specifies relations, commercial relations, a treaty of friendship, commerce and navigation. It established what we call in international law a modus vivendi, that is, a preliminary agreement subject to modifications according to the convenience of the contracting parties. The terms of the Autonomic Charter are contained at length in this brief filed before the Supreme Court of the United States, for the consideration of the highest court of the United States of America.
-I have read in that motion that you give to understand that it is one of your theories that the Republic of Puerto Rico was established in 1868. -Yes, sir, that is correct. The Republic of Puerto Rico was established in 1868.
-Can you explain to the Jury your theory in that regard? -Yes, sir. In 1868 there was a revolution in Puerto Rico, which was part of a joint plan to liberate Cuba and Puerto Rico from the Spanish monarchy. It was a joint plan of Cuba, Puerto Rico, Santo Domingo and Haiti, and the central organization of that plan resided in the city of Puerto Plata in the Republic of Santo Domingo. The plan demanded joint military action against the monar[…] public of Puerto Rico has existed since 1868.
-As a legal matter, the Republic has existed since that date.
-I have here a bond that purports to be a bond of the Partido Nacionalista de Puerto Rico. -Yes, sir.
-Your name is printed on this bond and signed as “President.” Is this your signature? -Yes, sir, it is my signature, a printed signature. I signed the original. The original signature was in my own handwriting. I signed as President of the Partido Nacionalista de Puerto Rico.
-Can you tell us who printed these bonds? -I do not remember.
-How many of these bonds were put into circulation? -Very few because I opposed their circulation. In 1932 some were issued with the purpose of raising funds for the nationalist movement, but I opposed their circulation as premature, because I believed it could be misinterpreted. In 1932, for the elections, certain local organizations of the Party requested that they be given an opportunity to raise some funds for the electoral campaign.
-You mean of the Partido Nacionalista? -Of the Partido Nacionalista, and they were permitted to place some of them, very few.
-I note that the bond contains a statement giving the year 1930 as the year in which the bond is issued, and also[…] Not at this moment, but yes at any moment, because I do not know what the Junta Nacional may decide. These matters are considered by the Junta Nacional. In my opinion, the situation is favorable for the placement of these bonds. It was not so in 1932, because public opinion was very divided.
-Do you have bonds of this type available? -Yes, sir.
-Printed? -Yes, sir, and we will issue more if the situation were favorable.
-I note in this bond that it says: “First Loan of the Republic against the Treasury of the Republic of Puerto Rico” and that it will be paid five years after the international recognition of the Republic of Puerto Rico, and that its Treasurer (I suppose meaning the Treasurer of the Republic of Puerto Rico) will pay to the bearer of this obligation the sum of one dollar in gold, which was paid to the Treasurer of the Partido Nacionalista, for the purpose of reconstituting the Republic of Puerto Rico — if the Republic of Puerto Rico did not exist when these bonds were issued? -Yes, sir, we could obligate the Treasurer of the Republic of Puerto Rico just as the United States in 1774 issued bonds before constituting the Republic. That is because, if the Partido Nacionalista were to succeed in restoring the Republic, the Republic would not fail to honor the obligations issued by the men who gave their lives and efforts to give a free country.
-The money was for the Partido Nacionalista? -Yes, sir.
-[…] We have two representatives from each electoral district. We also have, in accordance with our electoral plan, the existing electoral law, two men from each senatorial district, fourteen men, members of the Junta Nacional. There is one representative from each of the organizations that are in foreign territory, such as the Juntas of New York, in the different republics of Latin America and in Europe.
-You say that you have Juntas in foreign territories. -Yes, sir.
-Is your organization a political party? -Yes, sir.
-As a political party, do you seek to elect people in Puerto Rico? -Yes, sir.
-What is the purpose of those Juntas in foreign territories? -The purpose is to prepare foreign nations and the people of the United States to understand the justice of the cause of independence of Puerto Rico and the convenience of Puerto Rico being recognized by the United States as an independent nation.
-We want to know a little about the officers. Who is the Secretary General? -Juan Antonio Corretjer.
-Who is the Treasurer of the party?
-[…] the people asked the Tsar to submit the matter to a judicial tribunal and the Tsar agreed. His advisors recommended that he submit this matter to a judicial investigation and an international council of jurists met in London in 1912, and this international council of jurists rendered a decision to the effect that once the personality of a nation is recognized, that personality cannot be revoked. Remember that a monarchical autonomy means a free, sovereign and independent nation. The autonomous system of government cannot prevail under the current American regime of military intervention in Puerto Rico because that term is inadequate, improper, because such a measure under the constitutional regime of the United States is frankly impossible. Either the community becomes a State of the Union, or it becomes a free country, or it is governed irresponsibly, as is the case of Puerto Rico. Well, the point that the Partido Nacionalista raises is this: that the Autonomic Charter that Spain granted to Puerto Rico recognizing its sovereignty could not be revoked by any subsequent action of Spain. It was binding on all free powers, because the recognition of the international personality of a nation is obligatory, because that is the basis of international relations, as the basis of the status of emancipation. If a minor is brought before a court and emancipated, and the next day the family and the court wish to revoke the decree by which the minor was emancipated, it cannot be done, because that is the contractual basis of society. The same occurs in international life and in international relations. And that is what happened in Puerto Rico. And by the Treaty of Paris, Spain had no authority to cede anything because it had nothing here and, consequently, the United States has no authority whatsoever in Puerto Rico, and that is why what we have here is a military intervention. The autonomous government functioned as an international entity. It had its own currency, its own postage stamps. The other stamps that were issued by the Government of Puerto Rico were used by the military government of the United States by placing on top of them […]
-And at that time did you believe that this Court had no authority? -That matter was not entirely clear to me at that time, but I believed that Puerto Rico should be an independent nation.
-If you were called upon to reaffirm the oath that you took, would you do so? -I would not take it again.
-But do you believe that you should continue practicing law in the courts of the United States? -I have withdrawn from the practice of law in the courts of the United States and in the courts of Puerto Rico, which are also courts of the United States, and which have no authority.
-(The witness was asked, by a juror, in relation to the Philippine Islands). -The question of the Philippines is a different problem. The Philippines never had international personality. It was an imperial territory never recognized by Spain as a free nation and therefore never had personality, and that is why in the Treaty of Paris it appears only as a territory. Puerto Rico was not conquered by the United States. I am going to give you the history of the transfer of those rights that Spain had in Puerto Rico, which were none. Once war was declared between the United States and Spain you will recall that it was said that this war was being waged on humanitarian principles and to free Cuba from the tyranny of Spain. The United States declared this war especially on humanitarian principles, but after the war began, before the Spanish fleet was destroyed at Santiago by the United States fleet, Spain offered an armistice to the Government of […]
-[…] will take a step to enslave a man.
-They only accuse people of crimes. -Yes, sir… The first condition of the armistice was a pure cession without any condition or explanation of the rights that Spain had over Puerto Rico. Then came the Treaty of Paris, and the matter of Puerto Rico was not discussed in the negotiations at the outset, for this reason: when a treaty is being […]
-You told us who the officers of the Junta Nacional are… -Yes, sir.
-Can you tell us what the other organizations of the Party are? -Juntas Municipales.
-Do you have Juntas Municipales in all the towns? -No, not in all, but I suppose in 80 percent. In number there are no fewer than sixty-five.
-What are the powers of these Juntas Municipales? -The Junta Municipal is a local organization with the purpose of attracting sympathizers to the Partido Nacionalista.
-Are they ultimately part of the Party? -Yes, sir. The supreme power is the National Convention, and the Juntas Municipales have two votes in the National Convention.
-And does the National Council also participate in the Convention?
-[…] Was Luis F. Velázquez treasurer of the Party at that convention? -He was not the Treasurer, but he was present. He was elected Treasurer after the convention by the Junta Nacional, but I do not think he was a delegate. He was present as a member of the Party.
-Was Corretjer present? -Yes, sir.
-Was he Secretary at that time? -I believe at that time… I cannot tell you exactly who was Secretary at that time. He may have been but I do not remember.
-At that National Convention held in Caguas on December 8, was a resolution proposed and approved for the Partido Nacionalista to establish and maintain recruitment relations in each of the Municipal Boards of the Party? -Well, the resolution did not have that scope. We had had what we call a cadets of the Republic organization since 1930, obligatory for all nationalists, and we were trying to make it obligatory for other nationalists, and at the convention in Caguas we tried to make it obligatory.
-Did you change the name “Cadets of the Republic” to “Ejército Libertador”? -The purpose was to absorb the cadets and make it obligatory for all members of the Party to be part of the Ejército Libertador.
-[…] agreement but the fact is absolutely proven.
-In accordance with the call made on or about January first by you and by the General Secretariat of the Party, was any recruitment of nationalists carried out in the various Juntas Municipales? -New men joined. I will tell you what we did. When registrations for new voters were being held, in order to give an objective lesson to the entire Nation in the sense that it should not fight among itself, we gave instructions to place Puerto Rican flags wherever registrations were held, to impress upon the people the great need to join the nationalist movement and not to have disputes about anything else.
-(Mr. Snyder reads the resolution to the witness). Did you issue this resolution and sign it as President of the Partido Nacionalista, and Corretjer as secretary of the Party? -I believe so. I issued a resolution that in substance says that. I do not deny that at all.
-In accordance with that resolution, was the recruitment of members of the Party for compulsory military service carried out on the island by the members of the Juntas Municipales? -Yes, sir.
-Do you know the number of men that were recruited? -More than ten thousand were recruited.
-In the Ejército Libertador? -Yes, sir.
-For universal military service?
-(Mr. Albizu reads the clipping). I believe that it is substantially the same thing. -Is that a quote from the statement sent by you? -I ordered that a copy be sent to each newspaper. -Did you sign the copies sent to the newspapers? -I believe I must have signed them. -And that, if you recall, is it a substantial copy? -It is a substantial copy. I cannot assure it, but I believe that it is substantially the same thing. -I hand you a card and I ask you if you know it. -Yes. -Could you tell us what it is? -It is an enlistment card. (Document marked “Exhibit E”). -Do you know by whose order those cards were printed? -By my personal instructions. -How many cards were printed? -I believe around forty thousand. -Could you tell us who printed them? -I will not incriminate anyone here; but I want to say that it was people who do not belong to our organization. -Yes. -In Fajardo? -Yes. -In Loíza? -Yes. -In Arecibo? -Yes. -In Quebradillas? -Yes. -Could you tell me if Clemente Soto Vélez and Erasmo Velázquez had or did not have a connection with the enlistment office of Caguas? -Well, I will not incriminate those boys. You have them prosecuted. It is unfair because they are accused. -And for the same reasons you would not like to declare in regard to the other members? -Yes, sir. -How many members does the Partido Nacionalista currently have? -Well, it would be impossible to calculate it. -Could you give us an approximate figure in the thousands? -I suppose that the party has grown considerably during the past year. A conservative estimate would be aroun-
-I want to say that they are not allowed to vote in anything related to the Partido Nacionalista and that they cannot perform any position in the Partido Nacionalista. -If you would be so kind, I would like you to explain more definitively the word “desalentamos” [we discourage]. Are they prohibited from belonging to the Party? -I want to say that we do not try to attract them to us. If they apply and come in good faith, we accept them. -And what about the members of the Guardia Nacional? -We discourage them, as well as those who serve in the Ejército de Estados Unidos. -Of course, you do not encourage them? -We cannot prevent that if a member of the Guardia Nacional, or of the Ejército de Estados Unidos of the regular army… -As I understand you, you do not encourage them? -We discourage them. -Will you be able to calculate how many members of the Partido there are? -If you allow me, I will give you the reasons to make things clear. Our criterion is that the political corruption prevalent in Puerto Rico is due to public employment, and that is why we are divided. We consider that the people should not fight for something as dirty or outrageous as the budget. The budget is the source of disturbance between the Gobierno de Estados Unidos and this community, the main source of disturbance. That is why we organized this movement to abstain as far as it is possible for humans to abstain from parti-
“who is going to be confirmed”, and we have then a rumor around nothing. -Señor Albizu, I forgot to ask you. When you had these cards printed, who distributed them to the various municipal boards? -I ordered the distribution. -And were the recruits in each municipal board asked to give the information requested on those cards? -Yes. -And were they registered in the registration books? -No, first they had to be members of the Junta Municipal before they could sign this card. -As I see it, there is no place here for the signature. -Can I explain this card to you? This card cannot be signed by anyone who has not been a nationalist for more than one year on the date of issuance of the card. This card was not issued for people who made their adhesion to the Partido Nacionalista during the last year. -But in addition to filling out this card, did they not also sign one as a kind of enlistment book? -I think that each Junta tried to keep its own record. -Each Junta Municipal? -Yes, but the thing consisted of signing the card. -And what made them members of the Ejército Libertador? -That is the card for the regular members. To sig-
-Could you tell me with how many members approximately does the Partido Nacionalista count in San Juan? -In San Juan, around two thousand. -And in Ponce? -I believe that more than that. -More than two thousand? -Yes. It is a calculation made offhand. -In Aguas Buenas? -I believe that the entire community is Nationalist. -How many are there in the community? I cannot say. But I suppose that there are approximately one thousand. -I suppose then that in all those sites all those members of the party are members of the Ejército Libertador. -No, because many of them came to the Party last year. -I see. How many members joined the Partido Nacionalista during the past year? -I suppose, this is a quick calculation. I do not like to give exaggerated figures; let us suppose, twenty thousand. -That means that twenty thousand were members of the party a year ago. -Yes. -Those twenty thousand have been enlisted in the Ejército Libertador.