Mr. Hay to Mr.
Day.
American Embassy,
London, August 12,
1898.
No. 494.]
Sir: Referring to your telegraphic instruction
of the 27th ultimo, of which I inclose a copy herewith, relative to the
return of the Spanish sailors held as prisoners at Portsmouth, N. H., I
have the honor to transmit the copies of notes which I have received on
the subject from the Marquis of Salisbury, dated the 6th and 10th
instants, and of a cablegram which I sent you upon the receipt of the
former.
I have, etc.,
[Inclosure 1.]
Lord Salisbury to
Mr. Hay.
Foreign Office,
August 6, 1898.
Immediate.]
Sir: With reference to your excellency’s
note of the 28th ultimo, I have the honor to inform you that a
telegram has been received from Her Majesty’s ambassador at Madrid
stating that the Spanish Government are unable to avail themselves
of the offer of the United States Government to allow the Spanish
sailors held at Portsmouth, N. H., as prisoners of war to return to
Spain on parole if the Spanish Government will send a neutral ship
to fetch them.
The Spanish Government state that their naval code establishes a
penalty for prisoners of war who obtain release by giving their
parole not to bear arms against the enemy.
Sir H. D. Wolff promises further details by post, which will be
communicated to your excellency.
I have, etc.,
Francis
Bertie.
(In the absence of the Marquis of
Salisbury.)
[Inclosure 2.]
Lord Salisbury to
Mr. Hay.
Foreign Office, August 10, 1898.
Your Excellency: With reference to my note
of the 6th instant, I have the honor to transmit to your excellency
translation of a letter which the Spanish minister for foreign
affairs has addressed to Her Majesty’s ambassador at Madrid,
explaining the difficulty in the way of bringing home the sailors
detained as prisoners of war at Portsmouth, N. H.
I have, etc.,
T. H.
Sanderson.
(In the absence of the Marquis of
Salisbury.)
[Page 998]
[Inclosure 8.]
[Madrid,]
Palace, August 5, 1898.
My Dear Sir H. D. Wolff: My colleague,
General Annon, answered me yesterday afternoon with regard to the
sailors of the royal navy at present detained as prisoners of war at
Portsmouth, N. H., United States.
While expressing his gratification at the possibility of so many
gallant men being enabled to return to their native country, he
finds an insurmountable obstacle to their returning home in the
present form of one of the conditions put by the United States
Government as set forth in your letter of July 28.
The Spanish naval code expressly marks a penalty for prisoners of war
who obtain their release by giving their word of honor not to again
bear arms against the enemy.
Although this stricture would seem to apply more to officers and not
to common seamen, from whom such an engagement is not generally
expected, our marine department does not feel itself in a position
to consent to the adoption of a course with regard to one class of
our naval forces which in another would be regarded and punished as
a fault.
Believe me, etc.,
