No. 699.
Mr. Fish to Admiral Polo de Bernabé.

Referring to Admiral Polo’s note of the 23d instant, respecting the examination to take place at the office of Joseph Gut man, jr., concerning the history and ownership of the Virginius, the undersigned has the honor to state to Admiral Polo that the district attorney of the United States for the southern district of New York has been directed to be present at the examination. In giving this order this Government desires to manifest to the representative of Spain its wish to have the facts respecting the vessel fully investigated. But the undersigned feels sure that Admiral Polo will agree with the undersigned that neither party contemplates substituting such proceedings in the place of diplomatic discussion of the grave questions involved in the seizure of that vessel on the high seas while sailing under the flag of the United States, and that the presence of a representative of the Government of the United States at the proposed examination is not to be taken as assenting to any postponement of the questions now under discussion.

The undersigned avails, &c,