Mr. Hay to Mr. Day.

No. 475.]

Sir: I have the honor to inclose herewith copies of cablegrams exchanged between your Department and this embassy, and of notes to the British Government relative to the return to Spain of the troops who surrendered at Santiago.

I have, etc.,

John Hay.
[Inclosure 1.]

Mr. Hay to the Marquis of Salisbury.

My Lord: I have the honor to acquaint your lordship that my Government desires to arrive at an understanding with that of Spain in respect to the neutrality both on the inward and outward voyage of the transports in which the troops that surrendered at Santiago de Cuba are to be returned to Spain, and I am instructed to express the hope that Her Majesty’s Government will be so good as to allow Her Majesty’s ambassador at Madrid to act as intermediary in the matter.

My Government would like it understood that no belligerent act is to be committed by or upon these transports, and that they will not be subjected to any port charges in Spain except pilotage.

I shall be much obliged if your lordship will have the goodness to cause the views of the Spanish Government in this matter to be ascertained with the least possible delay.

I have, etc.,

John Hay.
[Inclosure 2.]

Mr. Hay to the Marquis of Salisbury.

My Lord: Referring to my note of yesterday, I have the honor to acquaint your lordship that I have received a later telegram from my Government informing me that they have received an offer from the Spanish Transatlantic Line for transporting Spanish prisoners. The American Government would give such ships, having only such armament as merchant ships usually carry, safe conduct on inward and outward voyage, provided they commit no unneutral act.

My Government desire to know immediately, or at the earliest possible moment, at what Spanish port transports will be received, if American or neutral ships are used.

They desire, in case of contagion, that quarantine stations be established ashore so that ships can depart promptly.

They desire, whatever the nationality of ships, to make the following terms:

Spain to provide medical attendance for prisoners on transports;

United States to furnish medical supplies;

[Page 994]

United States to furnish rations, but Spain to designate one officer for each ship as commissary, to see that rations are sufficient;

Spanish officers to assume police regulations of ships.

I shall be under great obligations if your lordship will have the kindness to procure, through Her Majesty’s ambassador at Madrid, as prompt a response as possible to these suggestions from the Government of Spain.

I have, etc.,

John Hay.
[Inclosure 3.]

Lord Salisbury to Mr. Hay.

Your Excellency: With reference to your note of the 20th instant respecting the arrangement for the removal to Spain of the Spanish troops who surrendered at Santiago de Cuba, I have the honor to transmit to your excellency a paraphrase of a telegram from Her Majesty’s ambassador at Madrid giving the substance of the communication which he has received from the Spanish Government on this subject.

Sir H. D. Wolff states that a copy of the original note verbale will be forwarded on the 24th instant, and inquires whether a formal agreement should be executed.

I should be obliged if your excellency would inform me what answer the United States Government wish returned to this inquiry.

I have, etc.,

Francis Bertie
,
(For the Marquis of Salisbury.)
[Subinclosure.]

Copy of paraphrase of telegram from Sir H. Wolff, No. 240.

I have just received the following from the Spanish ministry for foreign affairs:

“The Spanish Government are willing to agree that the strictest neutrality should be observed by the vessels employed by the Transatlantic Company in the transport to Spain of the force which surrendered at Santiago de Cuba. The armanent of these vessels shall only be such as it would be for merchantmen, and no act of hostility shall be committed by them, while the United States on their part shall guarantee the same neutrality toward these vessels, both on their outward journey and on their return.

“The Spanish Government agree further that the necessary rations and medical stores shall be supplied by the United States, and an officer shall be appointed by the Spanish Government to inspect these stores and rations.

“Medical attendance for the crews and soldiers shall be provided by the Spanish Government.

“The latter Government agree that the transports employed on this service shall, with the exception of pilotage, be exempted from every kind of port dues.

“The British ambassador shall be informed, with the least possible delay, by the Spanish Government of the ports where the disembarkation of the troops take place. The desire of the United States with regard to all points connected with lazarettos will be observed.”

I will forward copy of the original note verbale; and I notice that, doubtless owing to the ships being Spanish, no mention has been made of police.

Is it desired that a formal agreement should be drawn up embodying the various points?

[Page 995]
[Inclosure 4.]

Lord Salisbury to Mr. Hay.

Immediate.]

Your Excellency: With reference to my note of the 23d instant, respecting the arrangements for the removal to Spain of the Spanish troops who surrendered at Santiago de Cuba, I have the honor to transmit to you a paraphrase of a telegram from Her Majesty’s ambassador at Madrid, giving the substance of a further communication which he has received from the Spanish Government, suggesting that the Transatlantic Company’s steamer San Augustine, now lying at San Martinique, which has been fitted up as a hospital ship, should be made use of for the transportation to Spain of the sick and wounded troops from Santiago.

I should be obliged if your excellency would inform me what answer the United States Government wish returned to this proposal.

I have, etc.,

T. H. Sanderson
,
(For the Marquis of Salisbury.)
[Subinclosure.]

Paraphrase of telegram from Sir H. Wolff.

No. 245.]

I have received an inquiry from the Spanish Government as to whether they can make use of the Transatlantic Company’s steamer San Augustine for the transport to Spain of [sick and wounded] troops from Santiago de Cuba.

This vessel, which is now at Martinique, was fitted up before the war as a hospital ship, and a staff of military surgeons are now on board.

Should the United States Government accede to this request of the Spanish Government, the latter will at once dispatch the vessel to take the sick and wounded at Santiago, and the conditions laid down by the United States Government will be strictly observed in regard to her.

[Inclosure 6.]

Mr. Hay to Lord Salisbury.

Immediate.]

My Lord: With reference to your note of the 23d instant, I have the honor to acquaint your lordship that I lost no time in cabling my Government the paraphrase of Sir H. Drummond Wolff’s telegram of that date, which you were so good as to inclose, and I have just received a reply stating that the Department of State, since telegraphing me instructions on which my notes of the 19th and 20th instant were based, has concluded with the Spanish Transatlantic Company a contract which renders the proposed understanding with the Government of Spain unnecessary.

The company contracts to take officers and men from Santiago de Cuba to Spain for a certain, sum for each individual, transportation, subsistence and delivery on shore being included.

[Page 996]

My Government gives to the ships while sailing under that contract to Santiago de Cuba and thence to Spain safe conduct against the acts of persons under the jurisdiction of the United States.

I lost no time upon the receipt yesterday afternoon of your lordship’s note of the same date, relative to the proposed use of the hospital ship San Augustine, in communicating its substance by telegraph to my Government, and I shall transmit to you with equal promptitude the purport of any reply which may reach me.

May I ask your lordship to be good enough to express to Her Majesty’s ambassador at Madrid my sincere thanks for the courtesy and promptitude with which he has acted upon the requests recently made of him by my Government, and which I fear have added materially to his labors.

I have, etc.,

John Hay.
[Inclosure 6.]

Mr. Hay to Lord Salisbury.

My Lord: Referring to your lordship’s note of the 25th July, I have the honor to acquaint your lordship that the American consul at Martinique has been instructed to issue a safe conduct to the Transatlantic Company’s steamer San Augustine, which has been fitted up as a hospital ship, and to allow surgeons and nurses to accompany the ship.

I shall be under renewed obligations to your lordship if you will cause this information to be conveyed to Her Majesty’s ambassador at Madrid, to be communicated to the Spanish Government.

I have, etc.,

John Hay.
[Inclosure 7—Telegram.]

Mr. Day to Mr. Hay.

About 1,600 Spanish sailors held at Portsmouth, N. H., as prisoners of war will be allowed to return to Spain on parole if Spanish Government will send neutral ship for them. Make proposal through the usual channel.

Day.
[Inclosure 8.]

Mr. Hay to Lord Salisbury.

My Lord: I have the honor, in accordance with instructions from my Government, to request your lordship to be so good as to intimate [Page 997] to the Government of Spain, through the medium of Her Majesty’s ambassador at Madrid, that about 1,600 Spanish sailors held at Portsmouth, N. H., as prisoners of war will be allowed to return to Spain on parole if the Spanish Government will send a neutral ship for them.

I have, etc.,

John Hay.