No. 268.
Mr. Fish to Mr. Cushing.

No. 84.]

Sir: Your dispatch No. 106, dated September 27, transmitting a copy of your note to the minister of state, further urging the prosecution and punishment of General Burriel, has been read with satisfaction and approval.

It is noticed that no direct reference is made to the stipulations to the protocol of November 29, as follows:

“It being understood that Spain will proceed, according to the second proposition made to General Sickles, and communicated in his telegram read to Admiral Polo on the 27th instant, to investigate the conduct of those of her authorities who have infringed Spanish laws or treaty obligations, and will arraign them before competent courts, and inflict punishment on those who may have offended.”

The second proposition made to General Sickles was as follows:

“So, if it be proved that, in the proceedings or sentences pronounced against foreigners by the authorities of Santiago de Cuba, there has been an essential failure to comply with the provisions of our legislation or of treaties, the government will arraign those authorities before the competent tribunals.”

By the terms of the protocol the government of Spain bound itself, now almost a year ago, to investigate whether General Burriel had infringed Spanish laws or treaty obligations in his barbarous and cruel acts. There is no evidence that any investigation has been commenced, and the facts may be said to be all admitted. The decision upon this question ought not to be delayed, and is not, by the terms of the protocol or otherwise, dependent on any other question. It is deemed important that the government of Spain should meet this question, and decide whether General Burriel did or did not infringe Spanish law and treaty obligations by his acts at Santiago. There can be but one answer to this question, and it is believed that the government of the United States may properly insist that it be decided.

I am, &c.,

HAMILTON FISH.