No. 641.
Mr. Fairchild to Mr. Evarts.
[Extract.]
Legation of
the United States,
Madrid, December 16, 1880.
(Received January 3.)
No. 91.]
Sir: I have the honor to transmit herewith inclosed
a copy and translation of a note dated December 11, 1880, from Señor
Elduayen, minister of state, to me, giving the information that his
excellency is advised by telegraph from the governor-general of Cuba that
the investigation of the circumstances under which the American vessels
mentioned in your instruction No. 52, August 11, 1880, were detained and
searched by Spanish war vessels, will soon terminate, and that, in the
opinion of the governor-general of Cuba, the intelligence and information
gathered by him will show that the searches took place in Spanish waters,
and were effected subject to the prescriptions and usages established by
international and maritime right, and without protest from the vessels
searched, and without any claim from the admiral of the United States, who
was intrusted with the examination of the case.
Señor Elduayen expresses the hope that when the investigations are brought to
a close this matter may be decided by both governments with the spirit of
impartiality and good understanding which actuates them in their
international intercourse.
* * * * * * *
I have this day replied to Señor Elduayen’s note, a copy of my note being
herewith inclosed. I deemed it proper to call his excellency’s attention to
the fact that any evidence upon which the governor-general of Cuba can
properly base the opinion which is foreshadowed in
[Page 1046]
his telegram, that the events referred to took place
within waters under the jurisdiction of Spain, and in accordance with
international law, must be essentially different from that which has been
laid before the United States Government.
I did not hesitate to assure Señor Elduayen that the Government of the United
States will enter upon the discussion of this question in a friendly and
impartial spirit.
It seems probable, from the tone of this telegraphic report of the
governor-general of Cuba, that the statements which have been made to the
State Department by those who were on board the vessels searched will be
contradicted in some considerable degree by the evidence gathered by that
official.
I will promptly transmit to you any further information I may receive, and
will use the telegraph whenever doing so will materially hasten the final
conclusion of the matter.
I have, &c.,
[Inclosure 1 in No.
91.—Translation.]
Señor Elduayen to
Mr. Fairchild.
Ministry of
State,
Palace,
December 11, 1880.
Excellency: Dear Sir: As I had the honor to
state to your excellency, on the 17th September, ultimo, on
acknowledging receipt of the dispatch addressed to your excellency on
the 11th August ultimo, by the Secretary of State, and of which your
excellency was pleased to leave a copy with me, His Majesty’s Government
has not ceased to devote due attention in clearing up the acts which
have been attributed to the royal navy gunboats cruising in Cuban
waters, giving to that effect, the adequate instructions to its
delegates, through the marine and ultramarine ministers; and wishing to
keep your excellency acquainted with the course followed in this case, I
have the honor of informing your excellency that the governor-general of
Cuba states in his telegram communicated under the date of 9th instant
that the proceedings instituted with the view of ascertaining what
really took place in connection with the search of United States trading
vessels made by Spanish gunboats will shortly be terminated.
That superior authority also states that, according to the intelligence
and information gathered, it follows that the searches took place in
jurisdictional waters, and were effected subject to the prescriptions
and uses established by international and maritime right, and without
any protest whatever from the vessels searched, nor any claim from the
admiral of the United States intrusted with the examination of this
case.
On transmitting to your excellency the foregoing intelligence, as an
illustration of the interest and uninterrupted diligence with which His
Majesty’s Government delegates are investigating the facts alluded to, I
cherish the hope that the official investigations will very shortly be
brought to a close, and that this matter will be decided by both His
Majesty’s and the United States Government, with the spirit of
impartiality and good understanding which actuates and distinguishes
them in their international intercourse.
I avail, &c.
[Inclosure 2 in No. 91.]
Mr. Fairchild to
Señor Elduayen.
Madrid, December 16,
1880.
Excellency: I have the honor to acknowledge
receipt of your excellency’s note of the 11th instant, by which your
excellency is good enough to inform me that the governor-general of Cuba
has telegraphed your excellency that the investigation of the
circumstances under which certain United States vessels, heretofore
referred to in this correspondence, were detained and searched by
Spanish war-vessels, will soon
[Page 1047]
terminate; and that the governor-general is of the opinion that such
investigation will result in showing that the events referred to took
place within waters under the jurisdiction of Spain and in accordance
with international law.
Without entering upon a discussion of the question at issue, I beg to
note that any information upon which the governor-general of Cuba can
properly base such an opinion must be essentially different from that
which has been brought to the knowledge of the Government of the United
States.
My government awaits with the greatest interest the termination of this
investigation and, I am sure, will then enter upon any discussion
necessary in the same impartial and friendly spirit which has for so
many years actuated both the Government of his Catholic Majesty and that
of the United States in their intercourse with each other.
I gladly avail, &c.
