Mr. Day to Mr. Hay.

No. 612.]

Sir: I append on the overleaf translation of your cipher telegram of the 7th, and of my reply of the 8th instant, regarding the treaty of 1795 between the United States and Spain.

Respectfully, yours,

William R. Day.
[Inclosure No. 1.]

Mr. Hay to Mr. Day.

[Telegram.]

Spanish Government have informed British ambassador, Madrid, that the whole of the treaty of seventeen ninety-five is abrogated, but if the Government of the United States will propose through British embassy an agreement embodying conditions of article 13, Spanish Government will accept; agreement must be limited to merchants.

Hay.
[Inclosure No. 2.]

Mr. Day to Mr. Hay.

[Telegram.]

Department does not consider treaty provisions expressly applicable to war between contracting parties as abrogated by war, and therefore can not propose or make new agreement embodying the conditions of article 13, treaty 1795. So inform British ambassador, Madrid.

Day.