No. 243.
Mr. Cushing to Mr. Fish.

No. 991.]

Sir: The proposed article of the new constitution, legalizing religious toleration in Spain, has passed the senate by an unexpectedly large majority of nearly three to one, after being earnestly and ably discussed on both sides, and, especially by its opponents, with even more zeal than was displayed in the congress.

The issue was reduced at last to a very narrow one, to wit, whether religious tolerance should exist by express letter of organic law or merely as a fact; it being proved by the ministers that the Papal See desisted from opposition to the fact, and struggled only to exclude the recognition of it from the constitution.

The minister of state, (Mr. Calderon y Collantes;) the chief justice, (D. Cirilo Alvarez;) the president of the council, (Mr. Cáuovas del Castillo,) and the Conde de Casa Valencia, (Mr. Alcalá Galiano,) distinguished themselves in support of the article. Of many speeches on the other side, the most important was that of the bishop of Salamanca, (Sr. Martinez Izquierdo.)

The residue of the constitution will be definitively adopted in the course of a few days, with perhaps some secondary amendments. I shall then transmit a copy to the Department.

I have, &c.,

C. CUSHING.