No. 402.
General Sickles to Mr. Fish.
United States
Legation in Spain,
Madrid, April 5, 1873.
(Received April 29.)
No. 569.]
Sir: I have the honor to inclose herewith a
translation of a note from the minister of state, dated 27th ultimo,
acquainting me with the action of the government of the republic in
liberating a considerable number of slaves in Cuba not duly registered when
the last census was taken. I have also the pleasure to add a translation of
the official communication on this subject from the colonial minister, Mr.
Sorni, to the captain-general of Cuba, which was
kindly placed in my hands to-day at the legation by the minister. The
question presented depended on the true construction of section 19 of the
act of July 4, 1870, which is as follows:
“Article 19. All those (slaves) shall be declared free who do not appear
registered in the census made in the island of Porto Rico December 31, 1869,
and in that ordered to be completed in the island of Cuba on the 31st of
December in the present year 1870.”
It is estimated that more than ten thousand persons heretofore illegally held
as slaves in Cuba will be emancipated by this decree; although in part
classified as “emancipados,” there is not much reason to doubt that
[Page 965]
most of them have been brought to
the island contrary to law within the past three years.
I shall be glad to have authority in the name of the President to make
suitable acknowledgment of the action now reported. Both Mr.
Sorni and Mr. Castelar seem
disposed to do all in their power to promote the best possible understanding
with the United States. In this relation I beg to invite your attention to
the passage in Mr. Castelar’s speech, accompanying my
560, in which he maintains the international character of the slavery
question, and recognizes the propriety of the suggestions on that subject
that we have offered to Spain.
I have again commended to this government the importance and the justice of
further measures in effecting the liberation of two classes of freedmen
embraced in section 5 of the act of July 4, 1870. They are described as
“slaves belonging to the state” and “emancipados” who had been under the
protection of the government. Many thousands of these have been leased for
long terms of years contrary to law. I am assured by Mr.
Castelar and Mr. Sorni that
they will not fail to give due attention to the situation of these
unfortunate people.
I am, &c.,
[Appendix A.—Translation.]
Mr. Castelar to
General Sickles.
Madrid, March 27, 1873.
(Received March 27.)
The minister of state presents his compliments to General Sickles and has the honor to inform him
that under date of the 24th instant the minister of Ultramar addressed a
communication to the captain-general of Cuba in reply to the inquiry as
to the status of those slaves registered (empadronados) after the date fixed by law, stating to him that
in conformity with the evident intent of the second paragraph of article
30 of the regulations of August 5, 1872, and in conformity with the
opinion of the full council of state, the government of the republic has
decided that the persons referred to in the captain-general’s inquiry
shall be declared free, and that in case indemnification be demanded,
the same shall be decided by the proper authorities after examination of
the documents and facts of each case.
Don Emilio Castelar avails himself with pleasure of
this opportunity to repeat to General Sickles the expression of his sentiments of sincere
appreciation of esteem.
[Appendix B.—Translation.]
Colonial
Department, Secretary’s Office, Second
Bureau.
Your Excellency: The inquiry made by your
excellency in your official dispatch No. 878, of September 30 last,
concerning the status of slaves not registered (empadronados) within the prescribed term, and all the
remaining antecedents of this important matter as well, having received
due attention, and in consideration of the fact that neither the
stringent provisions of the nineteenth article of the law of July 4,
1870, nor the interpretation favorable to the freedom of the slaves
which should be given to that article in deciding all doubtful cases
arising in its execution, nor the precedents established with respect to
the registry and formation of a census of the slaves under the royal
decree of September 29, 1868, concerning the suppression and punishment
of the slave-trade, allow of the acceptance of the reasons alleged in
your inquiry already mentioned, and in your confidential letters of
October 30 and November 14, soliciting that the slaves in question
should be included in the census, the government of the republic,
adopting the principles and intent of the second paragraph of the
thirtieth article of the regulations of August 5, 1872, and in
conformity with the opinion pronounced by the full council of state, has
resolved to decide the questions presented in your excellency’s dispatch
in such a sense as to declare free the persons referred to, and in case
a demand for indemnification be made by the proprietors, such demand
shall be made in due documentary form, in order that it may be decided
what parties are
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entitled to
remuneration, in which case application will he made to the Cortes for
the necessary credit.
Your excellency will give to this ministry a full account of the measures
you may decree in the execution of the present instruction, in order
that the government may possess ample and accurate knowledge of all that
relates to the grave question of slavery, and to this end I also
recommend to your excellency the speedy and strict fulfillment of the
confidential order of August 5, 1872, concerning the remission to Madrid
of full and detailed statistical data.
God guard you excellency many years.
Madrid, March 24,
1873.
SORNI.
To the Superior Civil Governor of the island of
Cuba.
A true copy.
