No. 662.
General Sickles to Mr. Fish.
United States Legation in Spain,
Madrid, November 29, 1873. (Received December
26.)
No. 893.]Sir: I have the honor to forward herewith
some further correspondence with the minister of state.
On the night of the 27th it was informally agreed that, on a
declaration made by me of the American nationality of the Virginius,
the vessel and surviving passengers and crew would be delivered up,
the flag saluted, and the other measures of reparation accorded in
conformity with our demand of the 15th instant. With this
understanding my note under date of 26th instant was written, and
placed in the hands of Mr. Carvajal at 4 in the morning of the 28th.
In order that no time should be lost, I intimated to the minister of
state, through a friendly channel, that I expected an immediate
reply, and unless it was received before 3 in the afternoon I would
feel constrained, in obedience to my instructions, to renew the
request for my passports. The council of ministers had meanwhile
ratified the arrangement, and a draught of a protocol was
prepared.
At noon Mr. Carvajal sent to me, by the hands of Mr. Rivero, a copy
of a telegram that moment received from Admiral Polo, containing
what purported to be a fresh proposal from yourself, agreeing to
reserve all other questions on the immediate surrender of the
Virginius and survivors. This proposition, the minister stated, was
at once accepted, and of this you had been instantly notified
through the Spanish minister in Washington. In the afternoon I
received from his excellency an official confirmation of this
announcement, in the note of which you will find a translation in
appendix B.
I am, &c,
[Inclosure 1 in No.
893.]
General Sickles to Mr. José de
Carvajal. (Sent in November 28,
1873—3.50 a.m.)
Legation of the United States of
America.
Madrid, November 25,
1873.
The undersigned, envoy extraordinary and minister plenipotentiary
of the United States of America, has the honor to acknowledge
the receipt of the note addressed to him to-day by his
excellency the minister of state. Reserving to his Government,
to whom the purport of the communication has been made known by
cable, such reply as the President may direct to be made, the
undersigned cannot do less than express his satisfaction in
seeing what he hopes he may regard as a step toward an honorable
settlement of the questions arising out of the capture of the
Virginius. The undersigned understands the government of the
republic to accept as just and reasonable the terms of
reparation proposed by the United States in the note which the
undersigned had the honor to address to Mr. Carvajal on the 15th
inst. It remains only for the government of the republic to
satisfy itself that the nationality of the vessel
[Page 968]
is ascertained. Upon
this point, which undoubtedly is the essential one in the case,
the undersigned begs to observe that the delay suggested for the
purpose of obtaining testimony from Cuba to establish a fact
already sufficiently certified seems quite unnecessary. Such
evidence as might now be derived from the scene of the
transaction would be secondary, inconclusive, and incompetent:
Secondary, because, unhappily, the officers of the Virginius,
the lawful custodians of her papers, are all dead; inconclusive,
because it cannot be expected that those who are responsible for
the catastrophe will furnish proof of their own misconduct;
incompetent, because there is no judicial tribunal in Cuba by
which the lawfulness of the capture can be determined. A
prize-court cannot have jurisdiction of the case, since
prize-courts exercise their powers only between belligerents,
and belligerents and neutrals, in time of war. War is not
recognized as existing in Cuba, and Spain has been the foremost
in denying that either party to the conflict enjoys, or is
entitled to enjoy, belligerent rights.
The undersigned has heretofore declared, and he now repeats the
declaration in the name of his Government, that the Virginius
was at the moment of her capture on the high seas a
regularly-documented American ship. The assertion of a
government which has accorded to a vessel the right to sail
under its flag is the best evidence of her nationality. Every
such ship is registered in the public archives. It cannot be
supposed that any respectable state would volunteer its
protection to those having no right to claim it. Nor is it usual
when, in a case like this, the injured government affirms the
nationality of the ship, to put that averment in issue and
demand proof as a preliminary to the consideration of
reclamations for an affront offered to its flag.
The undersigned, therefore, submits to the enlightened judgment
of Mr. Carvajal, that, in harmony with the usage and comity of
nations, Spain may well dismiss all controversy as to the
nationality of the Virginius, accepting as indisputable the fact
that she was a regularly-documented American ship, and, moved by
the traditions of a friendship uninterrupted for a century,
proceed at once to accord to the United States that measure of
reparation which she has already loyally recognized as befitting
her own dignity and due to an ancient ally.
The undersigned avails himself of this opportunity to repeat to
his excellency the minister of state the assurances of his most
distinguished consideration.
His Excellency the Minister of
State.
[Inclosure 2 in No.
893.]
Mr. José de
Carvajal to General Sickles. (Received November 28,
1873—5.30 p.m.)
[Translation.]
Ministry of State,
Madrid, November 28,
1873.
Sir: The undersigned, minister of state
and member of the executive power of the Spanish Republic, has
the honor to state to General Sickles, envoy extraordinary and
minister plenipotentiary of the republic of the United States of
America, that he has received his communication dated the 26th,
replying to the propositions made on the same day for the
settlement of the question of the Virginius, and stating that
you had communicated them by telegraph to Washington for the
decision of His Excellency the President of the United
States.
I had great pleasure in the perusal of your note, which was
inspired by the highest sentiments of honor and dignity, and I
would have especial satisfaction in treating fully the doctrinal
points contained therein, if, happily, I had not to-day received
from the minister of Spain in Washington a telegram, which I
must, first of all, hasten to bring to your knowledge, as well
as the determination of the executive power.
Mr. José Polo de Bernabé, duly authorized by Mr. Hamilton Fish,
informs me that your Government, animated by the best desires of
conciliation, would admit a settlement on the basis of the
immediate return of the Virginius and the survivors, reserving
the salute of the flag to be performed if the Spanish government
do not prove to the satisfaction of that of the United States,
before the 25th of December next, that the Virginius had no
right to carry the American flag.
In reaching these conclusions the initiative was taken by the
Spanish government, and was indicated in a telegram addressed to
our representative, being founded upon the noble and loyal words
uttered by Mr. Fish in his interviews with the same, that if
Spain had any complaints or reclamations to make, by reason of
the acts of the Virginius, the United States were prepared in
that case to apply the provisions of international law, and to
prove that, being ever determined to do justice, they held the
purpose to observe toward the Spanish republic a reciprocal and
cordial friendship.
[Page 969]
The executive power has confirmed its acceptance of those bases
by means of a telegraphic message, which I am at this moment
sending to Mr. Polo.
Knowing, as you do, the sincerity with which the executive power
desires to draw closer the affectionate relations existing
between the two republics, there is no need for me to impress
upon you the satisfaction I feel on beholding the honorable and
happy termination of a question which might have had grave
consequences had not kindly ties and kindred political interests
served as mediators between the two countries, and, permit me to
add, had there not been at the head of the friendly nation and
of its representation in Madrid minds fully up to the high level
of their epoch.
I improve, &c, &c,
The Minister Plenipotentiary of the United
States.
