Nov. 19 Telegrams received; instructions will be sent im- mediately.
Reports of further executions contradicted from Havana, (see No. 733, post;) Spanish minister in Washington has shown a telegram from his gov. ernment, asking time for inquiry and expressing intention to make reparation; this regarded as a reconsideration of decision communicated to General Sickles; he will, therefore, defer his departure.
Postponement till 26th agreed to.....
Unsatisfactory tone of the notes from the minister of state. Same subject; differences between representations at Madrid and those in Washington; advises his withdrawal from Madrid; advises that Ital- ian government be requested to authorize its minister to accept custody of library and property. President decides that he must remain at his post; this Government must take into consideration the representations made at Washington; a vessel cannot be sent to Valencia. Efforts in Spain to conciliate England..
Mr. Fish to General Sickles. Nov. 23 (Telegram.)
General Sickles to Mr. Fish. Nov. 24 (Telegram.)
Mr. Fish to General Sickles. Nov. 25 (Telegram.)
Nov. 26 Forwarding copy of note to minister of state, ask- for his passports.
President Castelar says General Sickles will re- ceive a note to-day recognizing the principles on which the American demand is made, and asking a delay till December 25, for investiga- i tion.
Receipt of instructions; has notified minister that he may defer reply to request for passports. Transmits the substance of a note received from the minister of state, containing a proposal for an adjustment.
Comment upon the note of the minister of state....
Transmits translation of the note from the min- ister of state. Transmits copies of a private note from Mr. Car- vajal to General Sickles, and his reply. Transmitting copy of Senate resolution of June | 16, 1858, that detention of American vessels on : the high seas by force in time of peace is in dero- | gation of the sovereignty of the United States. Has reason to think Spanish government will yield our terms; hopes to announce result that after-
Instructions received. Proposes to renew re- quest for passports.
Transmitting correspondence with Italian minis- ter at Madrid respecting charge of effects of le- gation.
Announcing that it had been informally agreed at Madrid the previous day that reparation should be made in accordance with the American demand; that he is now informed that a differ ent proposition has been authorized by Mr. Fish and accepted by the Spanish government; in- quires whether it is true.
Mr. Fish to General Sickles. Nov. 28 Supposing, from the tenor of General Sickles's
General Sickles to Mr. Fish. Nov. 29 (Telegram.)
dispatches, that he had left Madrid, the reply to the last Spanish proposal was communicated to Admiral Polo, who now says negotiations are going on at Madrid; having received notice | that General Sickles would demand his passports at 3 to-day, (see 74, supra.) it is supposed that those negotiations have dropped. Communicates substance of a note from minister of state respecting settlement; comments adversely upon it, and advises insistence upon original terms.
Same subjects as 659 and 661; incloses text of the correspondence.
Mr. Fish to General Sickles. Nov. 29 Spanish minister yesterday made a proposal em- (Telegram.)
bracing substance of demands of 15th, with slight variations, which has been accepted and protocol signed. (See 707, post.) Remain at post
General Sickles to Mr. Fish. Nov. 29 Acknowledging receipt of 664
Capture of Virginius made by order of commander
Mr. Fish to the diplomatic Dec. 3 officers and consuls-general
of the United States, (eir- enlar.)
Mr. Fish to General Sickles. Dec.
Stating the substance of the arrangement made with Admiral Polo. (See No. 707, post.) The delay on the part of Spain in carrying out the agreements in the protocol excites appre hensions; is instructed to express to minister of state the President's disappointment, and that he looks for the immediate execution of the agreement. Circular-instructions inclosing copy of the Presi- dent's annual message, and of the protocol of November 29. (See No. 707, post.)
General Sickles to Mr. Fish
Mr. Fish to General Sickles. Dec. 4 (Telegram.)
Mr. Fish to General Sickles. Dec
Admiral Polo is instructed to consult authorities in Havana respecting time and place of surren der: represent the urgency of the case and necessity there should be no more delay. Admiral Polo will be instructed to lose no time in coming to an understanding. Semi-officially announced that his conduct is dis- approved; he offers to tender his resignation. Alleged publication unauthorized; no dissatis faction expressed; important that he should
Dec. 18 682 General Sickles to Mr. Fish. Dec. 20
Mr. Fish to General Sickles. Dec. 20 Resignation accepted: Attorney General decides
that Virginius was not rightfully carrying tiag at time of capture; salute will be dispensed with. Official advices of surrender of survivors...
Asking for publication of correspondence respecting resignation.
In reply to No. 662, supra; regrets that it was not stated with whom the informal arrange. ment was made; cannot assume that Spain receded from her undertakings; the point of honor once conceded by Spain, we could then make the other concessions to her. Spanish government had revoked the authority given by General Rodas to subordinate commanders to shoot prisoners; the conduct of the authorities at Santiago finds no justification in the orders of the government.
II. CORRESPONDENCE AND NEGOTIATIONS WITH THE SPANISH LEGA: TION AT WASHINGTON.
Has received intelligence of the shooting of fifty- three persons, taken from the Virginius; the story too shocking and cruel to be credible. Asks if he has more authentic intelligence. Has received no information
Papers of Virginius irregular; order from Madrid did not reach Santiago in time to stay execu tions, owing to destruction of telegraph wires; the Virginius a pirate.
Nov. 17 Spain cannot adopt a final resolution until all the facts are known.
Nov. 18 Inclosing copy of a telegraphic dispatch from the minister of state at Madrid, in which it is said that Spain cannot answer till the facts are known, and is resolved to preserve the integrity of its territory, but will observe the obligations of international law and the letters of all treaties.
Nov. 20 Proposing an arbitration, and the surrender of the
vessel into the hands of the arbitrators; the authority of Spain is respected in Cuba; the evidence is conflicting; this is a reason for arbitration; Spain is acting in good faith. Nov. 20 Inclosing copy of telegram from minister of state, in which it is said that Spanish authority is respected in Cuba; peremptory orders issued. Mr. Fish declines to submit to arbitration the question of an indignity to the flag; is willing to submit all questions which are properly subjects of reference; is surprised to find no expression from Spain of disapproval of the hasty executions, or of readiness to release the vessel and survivors; arbitration would be postpone ment; it is desirable to have the settlement complete before assembling of Congress. The United States strongly desires a friendly settle
Admiral Polo to Mr. Fish... Nov. 23, Notifying him when and where the testimony of
STEAMER VIRGINIUS-Continued.
Na From whom and to whom.
9. Mr. Fish to Admiral Polo..
700 Telegram from the secretary of state, Madrid, to Ad miral Polo. (Handed by Admiral Polo to Mr. Fish.)
Memorandum of statement by Mr. Fish to Admiral Polo.
Telegram from secretary of Nov. 25 state, Madrid, to Admiral
Polo. (Handed by Ad- miral Polo to Mr. Fish.)
703 Memorandum of interview between Mr. Fish and Admiral Polo.
Respecting the proposed examination of witnesses in New York.
Asking whether the United States will await the result of investigation by Spain; whether the President will submit question to Congress; and for a statement of points of offense in view of treaty stipulations and international law. Reasons why it is impracticable to wait; reasons why President must submit facts to Congress. General statement of the points of offense. The news contradictory as to right of Virginins to carry United States flag; it may apper that she is the subject of reclamations against United | States; Spain suspends her reclamations, and asks United States to do the same, till facts are known; no satisfaction possible till right to demand it established.
Admiral Polo reads No. 702; Mr. Fish replies that United States, in the interest of all maritime powers, (including Spain,) deny right of capture of documented vessels on high seas in time of peace; the right to inquire into validity of papers is in the power issuing them, which the United States are prepared to do; the United States will consider the subject of reclamations when the honor of the flag is atoned for; the identity of the Virginius unquestioned; any irregularity in papers, therefore, merely tech- nical.
Mr. Fish reads dispatch from General Sickles; (See No. 651 supra ;) says the United States can- not accept this proposal; this communication is made to Admiral Polo because it is supposed General Sickles has left Madrid; the proposi- tion is virtually that Spain should hold the ves- sel while seeking proof to justify her capture. Admiral Polo asks whether, if the vessel be given up, inquiries would be instituted by the United States, with a view to punishment of any who might be found to have violated the laws of United States, reserving question of salute for further information; Mr. Fish con- sults the President and accepts proposal; if vessel and survivors are delivered forthwith, the salute will be dispensed with, if Spain, before December 25, satisfies the United States that the Virginius had no right to carry the flag; in that case proceedings will be commenced by United States against vessel and persons im- plicated; but Spain is also to proceed in accord- ance with the second proposition to General Sickles.
Telegram from secretary of Nov. 28 Negotiations renewed in Madrid; any arrange- state, Madrid. to Admiral ments made will be carried out in Cuba. Polo. (Handed to Mr. Fish by Admiral Polo.) ......do
Transmitting evidence in order to show that the Virginius, at the time of her capture, was not entitled to carry the flag of the United States: 1. Bill of sale of the Solicitor of the Treasury to John F. Patterson. 2. Oath of John F. Pat- terson that he is the true and only owner of the said vessel, and that there is no subject or citizen of any foreign prince or state, directly or indi- rectly, by way of trust, confidence, or otherwise, interested therein. 3. Bond on the issue of the certificate of registry. 4. Crew-list. 5. Clear- ance-bond. 6. Manifest of cargo. 7. Master's oath on clearance. 8. Manifest. 9. Deposition of Francis E. Shepperd. 10. Deposition of Francis Bowen. 11. Deposition of Francis Bowen. 12. Deposition of Charles Smith. 13. Deposition of Edward Greenwood, 14. Deposi- tions of John McCaren and Matthew Murphey. 15. Deposition of Thomas Gallagher. 16. Depo- sition of Ambrose Rawling. 17. Deposition of John Furlong. 18. Deposition of Adolfo de Varona. Acknowledging the receipt of 129; the inclos- ures make it appear to the satisfaction of the United States that Virginius was not entitled to carry flag at time of capture; salute will, therefore, be dispensed with, and, in accordance with terms of protocol, inquiries will be insti- tuted and proceedings commenced against ves- sel and persons appearing to be guilty of illegal acts connected therewith. Expresses on behalf of his government a disclaim- er of an intent of indignity to the flag of the United States.
III.-CONSULAR CORRESPONDENCE.
Mr. Hall to Mr. Fish... (Telegram.)
Nov. 5 Capture of the Virginius....
« ÀÌÀü°è¼Ó » |