No. 591.
Mr. Cushing to Mr. Fish.

No. 312.]

Sir: I inclose herewith an original of the agreement as signed on the 5th instant, for the settlement of the indemnity reclamations in the matter of the “Virginius,” with the ratification thereof, as signed the day after my official presentation to the King.

* * * * * * *

I am, &c., &c.,

C. CUSHING.
[Inclsure In No 312.]

Agreement.

In consideration of the reasons set forth and the declarations made reciprocally in various conferences to that effect had between his excellency Mr. Caleb Cushing, representative of the United States, and his excellency D. Alejandro Castro, minister of state, as also of the notes which have passed between them, and, desiring at the same time to put an end, by means of an equitable and friendly accord, to the reclamations presented by the Government of the United States, in consequence of what occurred at Santiago de Cuba, in regard to the persons of the officers, crew, and passengers of the steamer “Virginius,” it being understoodthat from these reclamations are to be excluded, in so far as respects the ship’s company, all individuals indemnified as British subjects, and, with respect to passengers, including only six American citizens——

They have agreed:

  • First. The Spanish government engages to deliver to that of the United States the [Page 1251] sum of eighty thousand dollars in coin, or four hundred thousand pesetas, for the purpose of relief of the families or persons of the ship’s company, and passengers aforesaid, of the “Virginius.”
  • Second. The Government of the United States engages to accept the sum mentioned in satisfaction of reclamations of any sort, which in the sense of personal indemnification in this behalf, might hereafter be advanced against the Spanish government.
  • Third. When the sum referred to in Article one, shall have been received, the President of the United States will proceed to distribute the same among the families, or the parties interested, in the form and manner which he may judge most equitable, without being obliged to give account of this distribution to the Spanish government.
  • Fourth. The payment of the eighty thousand dollars, or four hundred thousand pesetas, shall be effected by the Spanish government, at Madrid, in specie, and in three periods of two months each: Thirty thousand dollars, or one hundred and fifty thousand pesetas, for each of the first two installments, and twenty thousand dollars, or one hundred thousand pesetas, in the last.
  • Fifth. The present agreement will be ratified by both the undersigned, so soon as his excellency the representative of the United States shall have presented credential-letters which accredit him as minister plenipotentiary near His Majesty the King of Spain.


  • C. CUSHIN
  • ALEJANDRO CASTRO.

Ratification of agreement.

His excellency Mister Caleb Cushing, envoy extraordinary and minister plenipotentiary of the United States of America, and his excellency Don Alejandro Castro, minister of state of His Catholic Majesty, in fulfillment of the stipulation contained in the fifth article of the agreement provisionally signed by their excellencies aforesaid in this city, on the twenty-seventh of February last past, declared:

That his excellency Mister Caleb Cushing having yesterday presented the letter of His Excellency the President, which accredits him as the envoy extraordinary and minister plenipotentiary of the said States near His Majesty the King of Spain, they ratify, by the present document, all that is stipulated in each one of the five articles of which the above-mentioned agreement is composed.

In witness whereof, both the undersigned have signed their names and set their seals to the present declaration.


The minister plenipotentiary of the United States of America,
[seal.]
C. CUSHING.

The minister of state of His Catholic Majesty,

[seal.]
ALEJANDRO CASTRO.