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955

(Telegram.)

Nov. 19 Telegrams received; instructions will be sent im-
mediately.

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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..

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957

Nov. 21
Nov. 23

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645

Mr. Fish to General Sickles. Nov. 23 (Telegram.)

General Sickles to Mr. Fish. Nov. 24 (Telegram.)

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646

Mr. Fish to General Sickles. Nov. 25 (Telegram.)

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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.

759

960

960

961

Comment upon the note of the minister of state....

961

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(Telegram.)

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Nov. 28

Nov. 28

Nov. 28

(Telegram.)

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-

noon.

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.)

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Nov. 29

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.)

Nov. 29

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

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(Telegram.)

(Telegram.)

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Capture of Virginius made by order of commander

of fleet.

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Dec. 1
Dec. 2

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.)

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General Sickles to Mr. Fish

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Dec. 5

(Telegram.)

Dec. 6

(Telegram.)

6

(Telegram.)

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

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remain.

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975

Dec. 18 682 General Sickles to Mr. Fish. Dec. 20

(Telegram.)

(Telegram.)

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684

(Telegram.)

Mr. Fish to General Sickles. Dec. 20 Resignation accepted: Attorney General decides

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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.

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II. CORRESPONDENCE AND NEGOTIATIONS WITH THE SPANISH LEGA: TION AT WASHINGTON.

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Nov. 12 Nov. 15

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

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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

ment.

Admiral Polo to Mr. Fish... Nov. 23, Notifying him when and where the testimony of

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STEAMER VIRGINIUS-Continued.

Na From whom and to whom.

Date.

Subject.

Page.

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.)

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Memorandum of statement
by Mr. Fish to Admiral
Polo.

1873. Nov. 24

Nov. 24

Nov. 24

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.

Nov. 25

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Nov. 27

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.)
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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.)

1873.

Nov. 5 Capture of the Virginius....

991

1051

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716

1052

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