United States Legation in Spain,
Madrid, November 16, 1873. (Received December
9.)
No. 836][Inclosure.]
General Sickles to Mr. José de
Carvajal.
Legation of the United States of
America,
Madrid, November 15,
1873.
Sir: I regret to have occasion to
invite the attention of your excellency to another instance of
the misconduct of the authorities at Santiago de Cuba, in
refusing to allow the consul of the United States at that place
the use of the telegraph for the purpose of obtaining
information from his colleague, the American consul at Kingston,
Jamaica, respecting the voyage of the Virginius, which testimony
was desired for the information of his Government, and was
material and pertinent to the defense of persons captured on
board that vessel, and then in the custody of said authorities,
charged with grave offenses.
And I have also to represent to your excellency that the
consul-general of the United States at Havana, having been
directed by the Secretary of State to use his good offices in
obtaining for any citizens of the United States on board the
Virginius the legal privileges and protection guaranteed to them
by the treaty of October 27, 1795, communicated the instructions
he had received from his Government to the captain-general,
requesting the sanction and aid of that officer in the
performance of the duties made obligatory on the respective
governments by the treaty. To this reasonable and proper request
the captain-general returned a curt refusal.
It is by such acts that the authorities in Cuba have made the
government of the republic responsible before the civilized
world for a course of procedure in that island in which scores
of men have been put to death without heeding any of the
ordinary precepts of justice recognized by all nations, and
observed in Spain itself, notwithstanding the existence here of
a civil war of far greater proportions than can be attributed to
the conflict in Cuba.
I have on more than one occasion, in obedience to the
instructions of my Government, pointed out to your excellency
and to your worthy predecessors the refusal of the authorities
in Cuba to afford to the consular officers of the United States
proper facilities for the execution of their duties in behalf of
American citizens having need of the interposition and aid of
the authorized representative of their country. I have been
assured again and again that orders had been transmitted to the
captain-general of Cuba requiring a better observance of the
rights of American citizens and of the amenities due to consuls
when acting in aid of justice and supported by the faith of
solemn treaties. And I shall be glad if your excellency will
inform me whether my Government is to regard the recent action
of the captain-general and of the commanding officer at Santiago
de Cuba as consistent with the line of conduct these authorities
have been instructed to adopt on occasions like those which I
have now, in the performance of my duty, brought to the notice
of the government of the republic.
I avail myself, &c,
