No. 570.
Mr. Fish to the President.

Sir: I have the honor to lay before you a copy of a correspondence between the British chargé d’affaires at Madrid and the Spanish minister of foreign affairs in relation to the indemnity claimed by Great Britain for British subjects who were captured on board the Virginius and were slain at Santiago de Cuba.

This correspondence comes into my possession confidentially, but through a well-informed and trustworthy channel, and may be relied upon as substantially, although probably not a literally, accurate translation of the originals.

I shall transmit a copy to General Cushing for his information, as well as for the purpose of accurate verification of the text of the letters, if this be practicable.

I am very credibly assured, through other sources, that the payment of the sum promised to be paid to Great Britain in August last had not been made up to the 7th instant.

I have the honor to be, your obedient servant,

HAMILTON FISH.

The President.

[Inclosure.]

The chargé d’ affaires of Great Britain to his excellency the minister of state.

Sir: Having communicated to the Earl of Derby the desire of your excellency that Her Majesty’s government should, for the moment, delay agitation of the claims relating [Page 1229] to the Virginius, I have received instructions from his excellency reminding that many months have already elapsed since the execution, of the British subjects captured on board of the said steamer, and that the families of the persons executed have represented in several instances that they were in misery.

The last consideration, I am sure, will have weight in the mind of your excellency, as well as in that of the Spanish government.

Her Majesty’s government has instructed me to represent that however much it does not desire to augment the difficulties of the Spanish government, yet it cannot permit that these claims should be postponed indefinitely, and therefore trusts that your excellency will have the goodness to give me a decisive promise that this matter will be arranged at a specified date, and not a very distant one.

I beg your excellency to receive, &c.

H. G. MACDONELL.

The minister of state to the chargé d’affaires of Great Britain.

Dear Sir: I have received the note of your lordship, dated 5th instant, in which, by instruction of Lord Derby, your lordship has the goodness to represent to me that, many months having elapsed since the deplorable event of the Virginius, the families of the British subjects captured on board of her, and executed at Santiago de Cuba, had reiterated their solicitations to Her Majesty’s government, in order to obtain some indemnity that should alleviate their misfortunes.

The British government is not ignorant of the motives which have until now obliged the government of Spain not to refuse, but to postpone, the arrangement of the respective indemnity to the British subjects; but, as your lordship very justly supposes in your note, the consideration of the miserable state in which the families of those unfortunates are placed can have no less weight in the mind of the Spanish government, and will induce it to anticipate the time when the above-mentioned families shall receive, in a formal and definite manner, some amount of money.

To this end the executive power of the Spanish Republic will, without prejudging the foundation of this matter, have no objection to give timely orders that an amount be forwarded for distribution among the families of the British subjects captured on board the Virginius and executed at Santiago de Cuba, reserving to itself the option of sending as much as necessary until the total amount of the indemnity, to be agreed upon by both governments, is completed, when the principal question shall have been settled in this manner.

Your lordship can, if you think it convenient, inform the government of Her Britannic Majesty of this proposition, which has been inspired by the best desire not to delay the sending of assistance to those interested, without, however, precipitating the official course indispensable for proper settlement of the question which is before us.

I avail myself, &c.

AUGUSTO ULLOA.

The chargé d’affaires of Great Britain to his excellency the minister of state.

Sir: I have to thank your excellency for the prompt reply which you have kindly made to the communication I had the honor to address you at date of 5th instant, and in consequence of which I hasten to inform your excellency that I have been authorized by the government of Her Britannic Majesty to accept the amount deemed just as indemnity to the British subjects captured on board the Virginius and subsequently executed in Havana.

Being in accord upon this point, I have the honor to inform your excellency of the total amount of the claim made by the government of Her Britannic Majesty in favor of those injured by that event.

The number of individuals executed amounts to nineteen, among whom were nine colored and ten white men. For each of the colored men Her Britannic Majesty’s government claims three hundred pounds, (£300,) and for each of the white men five hundred pounds, (£500,) which makes a total-of seven thousand seven hundred pounds, (£7,700,) it being understood that, in case no relative of the victim presents himself to establish his claim, or should not prove his right within a reasonable time, the amount paid in his favor to the government of Her Britannic Majesty shall be immediately refunded to the Spanish government.

[Page 1230]

In submit ting the foregoing figures to the consideration of your excellency, I have no doubt of receiving a favorable reply, trusting that the Spanish government, guided by its elevated sentiments of justice, will be in accord with the government of Her Britannic Majesty, and consider as just and equitable the amount fixed as indemnity.

I avail myself, &c.,

H. G. MACDONELL.

The minister of state to the chargé d’affaires of Great Britain.

Dear Sir: I have received the note of your lordship, dated 15th instant, by which you have the goodness to inform me, in reply to that I had the honor to address you on the 14th instant, that your lordship is authorized by the government of Her Britannic Majesty to accept the proposition presented by me in the name of the executive power; a proposition to furnish the sum agreed upon by both governments, in order that the same be, in the nature of an advance, distributed among the families of the British subjects captured on board the Virginius and executed at Santiago de Cuba. Your lordship adds, in the note to which I have the honor of replying, that the number of these unfortunates amount to nineteen, of whom ten are white men, and the remaining nine colored, the government of Great Britain deeming it fit to fix the indemnity at the amount of five hundred pounds (£500) for each of the individuals of the white race, and at three hundred pounds (£300) for each of the colored, resulting in a sum-total of seven thousand seven hundred pounds, (£7,700) which the Spanish government is to furnish for the object agreed upon.

The executive power consents on its part to the amount fixed, and will give timely orders, through the minister of finance, for the immediate transfer of six thousand seven hundred pounds (£6,700) in London, to be placed at the disposal of Her Britannic Majesty, being prepared to forward the remaining thousand pounds to make up the total amount of seven thousand seven hundred pounds (£7,700) when the subject shall have been definitely terminated, in accordance with the proposition of my note of the 14th instant, the government of Great Britain, on its part, agreeing to refund to the Spanish government the portion or portions of those individuals, respectively, whose relatives should present no claim, or not clearly establish their right to receive the indemnity within a reasonable time.

I avail myself, &c.,

AUGUSTO ULLOA,
The Minister of State.