Mr. Hay to Mr. Day.
London, May 10, 1898.
Sir: In accordance with cable instructions dated April 30, I immediately sought an interview with the Hon. J. H. Villiers—a conference with Lord Salisbury not being practicable—and after some conversation left with him a memorandum of an inquiry to be made as to the intention of the Spanish Government in regard to those stipulations of the treaty of 1795 which expressly provided for a state of war between the countries, and which seemed to be abrogated with all the rest of the treaty by the Spanish declaration of war. After consultation with Lord Salisbury, a telegram was sent to Sir Henry Drummond Wolff instructing him to make such inquiry.
His answer, stating that the Spanish Government considered the entire treaty abrogated, but that they were leady to enter into new stipulations, covering the same points as Article XII, was received here on the 7th of May and immediately cabed to you. I received your reply dated May 8 on the same day. It stated that the Government of the United States did not consider treaty provisions expressly applicable to war between contracting parties as abrogated by war, and therefore declined to propose or make a new agreement embodying conditions of Article XII in the treaty of 1795. I at once requested that your reply should be communicated to the Spanish Government through the courteous intervention of the British ambassador at Madrid, and a note this day from the foreign office informs me that this has been done.
I have, etc.,