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1873.
General Sickles to Mr. Fish Nov. 18 Same subject as No. 624
(Telegram.)

Nov. 18 Same subject as No. 623.
(Telegram.)
..do

Nov. 18 Reply of minister of state to note of November 15,
(Telegram.)

(see No. 616, supra ;) General Sickles regards it
as a refusal, and proposes to close the legation

unless otherwise ordered.

Nov. 18 Same subject; he regards the note as an invita(Telegram.)

tion to a discussion. do

Nov. 18 Asking that a vessel may be ordered to Valencia (Telegram.)

to take him to France. ..do

Nov. 19 Transmitting copy of Carvajal's reply rejecting

protest. Nov. 19

Transmitting copy of private letter from General

Sickles to Mr. Carvajal, dated November 6.
....do

Nov. 19 Is waiting instructions..
(Telegram.)
do

Nov. 19 Popular feeling in Madrid violent and abusive....
(Telegram.)
..do

Nov. 19 Good offices of England asked and refused, unless
(Telegram.)

on the basis of ample reparation. Nov. 19

Madrid papers announce the postponement of the (Telegram.)

question till Congress meets. ......do

Nov. 19 Correspondence sent to London...... (Telegram.) Mr. Fish to General Sickles. Nov. 19 Telegrams received; instructions will be sent im(Telegram.)

mediately. do

Nov. 19 Reports of further executions contradicted from
(Telegram.)

Havana, (see No. 733, post;) Spanish minister in
Washington has shown a telegram from his gov.
ernment, asking time for inquiry and expressing
intention to make reparation; this regarded
as a reconsideration of decision communicated
to General Sickles; he will, therefore, defer

his departure.

Nov. 20 Postponement till 26th agreed to...... (Telegram.) General Sickles to Mr. Fish. Nov. 20 Unsatisfactory tone of the notes from the minister (Telegram.)

of state. ..do

Nov. 20 Same subject; differences between representations
(Telegrain.)

at Madrid and those in Washington ; arivises
his withdrawal from Madrid ; advises that Ital-
ian government be requested to authorize its

minister to accept custody of library and property.
Mr. Fish to General Sickles Nov. 21 President decides that he must remain at his post;
(Telegram.)

this Government must take into consideration
the representations made at Washington; a

vessel cannot be sent to Valencia. General Sickles to Mr. Fish.' Nov. 21 Efforts in Spain to conciliate England.. (Telegram.)

Nov. 21 Receipt of instructions acknowledged..
(Telegram.)
..do

Nov. 23 Same
('Telegram.)
Mr. Fish to General Sickles Nov. 23 Have requested Italian government as snggested,
(Telegram.)

(No. 639, supra ;) arbitration has been proposed

and declined. General Sickles to Mr. Fish. Nov. 24 Asking instructions

(Telegram.)
Mr. Fish to General Sickles. Nov, 25 If no accommodation reached by the close of to-
(Telegram.)

morrow, he is to leave; if a proposition is sub-
mitted, he will refer it to Washington and defer

action.
General Sickles to Mr. Fish . Nov. 25 Lord Granville regards the reparation demanded
(Telegram.)

as just and moderato. .do

Nov. 26 Forwarding copy of note to minister of state, ask

for his passports. ..do

Nov. 26 President Castelar says General Sickles will re.
(Telegram.)

ceive a note to-day recognizing the pripciples
on which the American demand is made, and
asking a delay till December 25, for investiga-

tion.
do

Nov. 26 Receipt of instructions; has notified ininister that (Telegram.)

he may defer reply to request for passports. ..do

Nov. 26 Trausmits the substance of a note received from (Telegram.!

the minister of state, containing a proposal for

an adjustment. ..do

Nov. 26 Comment upon the note of the minister of state... (Telegram )

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and 661;

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969

1873.
3 General Sickles to Mr. Fish. Nov. 27 Transmits translation of the note from the min.

ister of state.
Nov. 27 Transmits copies of a private note from Mr. Car-

vajal to General Sickles, and his reply.
Mr. Fish to General Sickles. Nov. 27 Transmitting copy of Senate resolution of June
(Telegram.)

16, 1858, that detention of American vessels on
the high seas by force in time of peace is in dero-

gation of the sovereignty of the United States. 64 General Sickles to Mr. Fish.! Nov. 28 Has reason to think Spanish government will yield (Telegram.)

our terms; hopes to announce result that after

noon.

Nov. 28 Instructions received. Proposes to renew re-
(Telegram.)

quest for passports.
Nov. 28 | Transmitting correspondence with Italian minis.

ter at Madrid respecting charge of effects of le.

gation. .do

Nov. 28 Announcing that it had been informally agreed at
(Telegram.)

Madrid the previous day that reparation should
be made in accordance with the American
demand; that he is now informed that a ditter-
ent proposition has been authorized by Mr. Fish
and accepted by the Spanish government; in-

quires whether it is true.
Mr. Fish to General Sickles. Nov. 28 Supposing, from the tenor of General Sickles's

dispatches, that he had left Madrid, the reply
to the last Spanish proposal was communicated
to Admiral Polo, who now says negotiations are
going on at Madrid; baving received notice
tbat General Sickles would demand his pass.
ports at 3 to-day, (see 74, supra,) it is supposed

that those negotiations have dropped.
General Sickles to Vr. Fish. Nov. 29 Communicates substance of a note from minister
(Telegram.)

of state respecting settlement; comments ad-
versely upon it, and advises insistence upon

original terms.
......do
Nov. Same subjects as

incloses text of the

correspondence. Mr. Fish to General Sickles. Nov. 29 | Spanish minister yesterday made a proposal em. (Telegram.)

bracing substance of demands of 15th, with

slight variations, which has been accepted and 1

protocol signed. (See 707, post.) 4 ......do

Nov. 29

Remain at post.
(Telegram,)
General Sickles to Mr. Fish.' Nov. 29 Acknowledging receipt of 664
(Telegram.)

Nov. 30 Capture of Virginius made by order of commander
Telegram.)

of fleet.
Mr. Fish to General Sickles. Dec. 1' Stating the substance of the arrangement made
(Telegram.)

with Adiniral Polo. (See No. 707, post.) do

Dec. The delay on the part of Spain in carrying out
(Telegram.)

the agreements in the protocol excites appre-
hensions; is instructed to express to minister
of state the President's disappointment, and
that he looks for the immediate execution of the

agreement.
Mr. Fish to the diplomatic Dec. 3 Circular-instructions inclosing copy of the Presi-
officers and consnls-general

dent's annual message, and of the protocol of of the United States, (cir.

November 29. (See No. 707, post.) enlar.) Mr. Fish to General Sickles. Dec. 3 Inclosing copies of Consul-General Hall's dis

1

patches. (See Nos. 734, 735, post.) General Sickles to Mr. Fish Dec.

3 Powers sent to Admiral Polo to negotiate place Telegram.)

and time for surrender of Virginius. 67+ ......do

Dec. 3 Same subject
(Telegram.)
Mr. Fish to General Sickles. Dec. Admiral Polo is instructed to consult anthorities
(Telegrain.)

in Havana respecting time and place of surren-
der; represent the urgency of the case and

necessity there should be no more delay. General Sickles to Mr. Fish Dec. Admiral Polo will be instructed to lose no time (Telegram.)

in coming to an understanding. 3 ......do

Dec. 6 Semi-officially announced that his conduct is dis-
Telegram.)

approved; he offers to tender his resignation. Mr. Fish to General Sickles. Dec 6 Alleged publication unauthorized; no dissatis(Telegram.)

faction expressed; important that he should

remain. 71 .....do

Dec. 8 A greement fixing time and place for surrender (Telegram.)

signed. General Sickles to Mr. Fish Dec. 15 President Castelar informs him of surrender of (Telegram.)

Virginius and survivors.

969

969

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1873. 679 General Siekles to Mr. Fish Dec. 16 Requesting publication of telegram tendering (Telegram.)

resignation, and reply. 680 Mr. Fish to General Sickles. Dec. 17 Declining to publish telegrams respecting resig. (Telegram.)

nation, as it was hypothetical. 681 ......do

Dec. 18 Official information of surrender of Virginius (Telegram.) 682 General Sickles to Mr. Fish., Dec. 20 Tenders his resignation

(Telegram.) 683

Dec. 20 Stated in Madrid, by authority, that Spain will (Telegram.)

require the restoration of the Virginius. 684 Mr. Fish to General Sickles. Dec. 20 Resignation accepted; Attorney General decides (Telegram.)

that Virginius was not rightfully carrying tlag

at time of capture; saluto will be dispersed with. 685 .do

Dec. 20 Official advices of surrender of survivors ...... (Telegram.) 686 General Sicklis to Mr. Fish. Dec. 26 Asking for publication of correspondence respect(Telegram.)

ing resignation.
687 Mr. Fish to Mr. Adee.. Dec. 31 In reply to No. 662, supra ; regrets that it was

not stated with whom the informal arrange.
ment was made; cannot assume that Spain
receded from her undertakings; the point of

honor once conceded by Spain, we could then

1874. make the other concessions to her.
688 General Sickles to Mr. Fish. Jan. 31 Spanish government had revoked the authority

given by General Rodas to subordinate com.
manders to shoot prisoners; the conduct of
the authorities at Santiago finds no justification
in the orders of the government.

975

976

977

II.-CORRESPONDENCE AND NEGOTIATIONS WITH THE SPANISHI LEGA:

TION AT WASHINGTON.

689

977

690 691

97

692

693

979

694

1873.
Mr. Fish to Admiral Polo..., Nov. 12 Hlas received intelligence of the shooting of fifty-

three persons, taken from the Virginius; the
story too shocking and cruel to be credible.

Asks if he has more authentic intelligence.
Admiral Polo to Mr. Fish... Nov. 12 Has received no information
Copies of telegrams to Ad Nov. 15 Papers of Virginius irregular; order from Madrid
miral Polo. [Handed by

did not reach Santiago in time to stay exécula
Admiral Polo to Mr. Fish,

tions, owing to destruction of telegraph wires; November 15.)

the Virginius a piiate. Copies of telegrams to Ad. Nov. 17 Spain cannot adopt a tinal resolution until all the miral Polo. "[Handed by

facts are known.
Admiral Polo to Mr. Fish,

November 17.)
Admiral Polo to Mr. Fish.. Nov. 18 Inclosing copy of a telegraphic dispatch from the

minister of state at Madrid, in which it is said
that Spain cannot answer till the facts are
known, and is resolved to preserve the integrity
of its territory, but will observe the obligations
of international law and the lotters of all

treaties.
Telegram from the Secre Nov. 20 Proposing an arbitration, and the surrender of the
tary of State, Madrid, to

vessel into the hands of the arbitrators; the
Admiral Polo. (Handed

authority of Spain is respected in Cuba; the to Mr. Fish by Admiral

evidence is conflicting; this is a reason for Polo.)

arbitration ; Spain is acting in good faith. Admiral Polo to Mr. Fish.. Nov. 20 Inclosing copy of telegram from minister of state,

in which it is said that Spanislı authority is re

spected in Cuba; peremptory orders issued.
Interview between Admiral Nov. 21 Mr. Fish declines to submit to arbitration the
Polo and Mr. Fish.

question of an indignity to the flag; is willing
to subunit all questions which are properly sub-
jects of reference; is surprised to fim no ex-
pression from Spain of disapproval of the hasty
executions, or of readiness to release the vessel
and survivors; arbitration would be postpone.
ment; it is desirable to have the settlement
complete before assembling of Congress. The
United States strongly desires a friendly settle-

ment.
Admiral Polo to Mr. Fishi... Nor. 23 | Notifying him when and where the testimony of

Greenwood and other witnesses will be taken.
.do

Nov. 23 Inclosing telegram from Madrid that the reporter

hostile manifestations against General Sickles
are not true.

695

696

981

697

982

698

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983

1873. 9, Mr. Fish to Admiral Polo.. Nov. 24 Respecting the proposed examination of witnesses

in New York. Telegram from the secretary Nov. 24 Asking whether the United States will await the of state, Madrid, to Ad.

result of investigation by Spain; whether the
iniral Polo. (Handed by

President will submit question to Congress ;
Admiral Polo to Mr. Fish.)

and for a statement of points of offense in view

of treaty stipulations and international law. 71 Memorandum of stateinent Nov. 24 Reasons why it is impracticable to wait; reasons or Mr. Fish to Admiral

why President must submit facts to Congress. Polo.

General statement of the points of offense. Telegram from secretary of Nov, 25 The news contradictory as to right of Virginius to state, Madrid, to Admiral

carry United States flag; it may appe r that Polo. (Handed by Ad.

she is the subject of reclamations against United
miral Polo to Jr. Fish.)

States ; Spain suspends her reclamations, and
asks United States to do the same, till facts are
known; no satisfaction possible till right to

demand it established.
7103 Memorandum of interview Nov. 25 Admiral Polo reads No. 702; Mr. Fish replies that
bat treen Mr. Fish and All.

United States, in the interest of all maritime
miral Polo

powers, (including Spain,) deny right of capture
of documented vessels on hiyb seas in time of
peace; the right to inqnire into validity of
papers is in the power issuing them, which the
United States are prepared to do: the United
States will consider the subject of reclamations
when the honor of the flag is atoned for; the
identity of the Virginius inquestioned ; any
irregularity in papers, therefore, merely tecli-

pical. 294 ......do

Nov. 27 Mr. Fish reads dispatch from General Sickles ;

(See No. 651 supra ;) says the United States can-
not accept this proposal: this communication
is made to Admiral Polo because it is supposed
General Sickles has left Madrid; the proposi.
tion is virtually that Spain should hok the ves.
sel while seeking proof to justify her capture.
Admiral Polo asks whether, if the vessel be
given up, inquiries would be instituted by
the United States, with a view to punishment
of any who might be found to bave violated the
laws of United States, reserving question of
salute for further information ; Mr. Fish con.
sults the President and accepts proposal : if
vessel and survivors are delivered forthwith, the
salute will be dispensed with, if Spain, before
December 23, satisfies the United States that
the Virginius had no right to carry the flag; in
that case proceedings will be commenced by
United States against vessel and persons im.
plicated; but Spain is also to proceed in accord-
ance with the second proposition to General

Sickles.
T-legram from secretary of

Nov. 28 Negotiations renewed in Madrid; any arrangestate, Madrid. to Admiral

ments made will be carried out in Cuba. Polo. (Handed to Mr.

Fish by Admiral Polo.) .....do

Nov. 28 | Expressing satisfaction at happy termination of

negotiations. 707 Protocol of conference be. Nov. 29 Carrying out the agreement stated in No. 704.

tween Mr. Fish and Ad.

miral Polo,
Admiral Polo to Mr. Fish ... Dec. 1 Has not yet received his instructions for naming

time and place for surrender ; expects them
every moment; asks, tberefore, for extension

of time. Mr. Fish to Admiral Polo ... Dec.

2 Delay appears unavoidable, and will doubtless

cease in a few hours; the President will then

rely upon immediate execution of agreement. 710 do

Dec. Is informed by General Sickles that powers have

been sent to Admiral Polo ; is prepared to exe.
cate the agreement, and asks him to name an
hour to-day when he will meet Mr. Fish for that

purpose. 71 Admiral Polo to Mr. Fish ... Dee.

In reply to the last; his powers require him to

act in conjunction with superior authorities of

Cuba; has referred the subject to Madrid. in Agreement between Mr. Fish

Dec. As to time, place, and manner of surrender of ad Admiral Polo

vessel and survivors, and as to mode of render!

ing salute, if not dispensed with.

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991

Transmitting evidence in order to show that the

Virginius, at the time of her capture, was not
entitled to carry the flag of the United States:
1. Bill of sale of the Solicitor of the Treasury
to John F. Patterson. 2. Oath of John F. Pat-
terson that he is the true and only owner of the
said vessel, and that there is no subject or citizen
of any foreign prince or state, directly or indi.
rectly, by way of trust, confidence, or otherwise,
interested therein. 3. Bond on the issue of the
certificate of registry. 4. Crew-list. 5. Clear-
ance-bond. 6. Manifest of cargo. 7. Master's
oath on clearance. 8. Manifest. 9. Deposition
of Francis E. Shepperd. 10. Deposition of
Francis Bowen. 11. Deposition of Francis
Bowen. 12. Deposition of Charles Smith. 13.
Deposition of Ellward Greenwood, 14. Deposi.
tions of John McCaren and Matthew Murphey.
15. Deposition of Thomas Gallagher. 16. Depo.
sition of Ambrose Rawling. 17. Deposition of
John Furlong.

18. Deposition of Adolfo de
Varona.
Acknowledging the receipt of 129; the inclos.

ures make it appear to the satisfaction of the
United States that Virginius was not entitled
to carry flag at time of capture; salute will,
therefore, be dispensed with, and, in accordance
with terms of protocol, inquiries will be insti.
tuted and proceedings conuenced against yes-
sel and persons appearing to be guilty of illegal

acts connected therewith.
Expresses on behalf of his government a disclaim-

er of an intent of indignity to the flag of the
United States.

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III.-CONSULAR CORRESPONDENCE.

1052

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716 Mr. Hall to Mr. Fish...

(Telegram.) 717 ! Mr. Fish to Mr. Hall.

(Telegram.; 718 Mr. Hall to Mr. Davis 1

(Telegrain.) 719

do

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721 Mr. Hall to Mr. Fish..

(Telegram.) 722 Mr. Hall to Mr. Davis

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1873.
Nov. 5 Capture of the Virginius.....
Nov. 7 Instructing him to obtain full particulars..
Nov. 5 Same subject...
Nov. 5 Same subject; inclosing correspondence with cap.

tain-general and extracts from Cuban press.
Nov. 7 Giving particulars and inclosingextracts from press

and from letters of the vice-consnl at Santiago.
Nov. 8 Ryan and three Cubans shot; telegraph with

Santiago interrupted.
Nov. 8 Inclosing copy of letter to captain-general claim.

ing for American citizens the privileges of the

treaty of 1795.
Nov. 12 Inclosing correspondence between the consul at

Santiago de Cuba and the Spanish authorities,
Nov. 13 Consul at Santiago did everythiug that could be

done to seeure rights under treaty.
Nov. 14 Recapitulating telegrams; inclosing copy of note

from captain-general.
Nov. 14 Transmitiing correspondence between the consul

at Santiago and the Spanish authorities.
Nov. 12 Papers publish accounts of fifty-seven more exe-

cutions.
Nov. 12 Directing him to ask of authorities confirmation

or denial of reported massacre, and to report at

earliest possible moment.
Nov. 12 Directing him to demand of anthorities the most

ample rights for all American citizens on the

Virginius.
Nov. 15 Fully confirming the massacre.......
Nov. 15 Correspondence between the Spanish commander

in the eastern district and the British vice-con

sulat Santiago ; crew-list of the Virginius.
Nov. 15 The Virgiuius cleared from Kingston for Port

Limon, Costa Rica; steps taken by British au-
thorities in Jamaica on receipt of news of her
capture; the consul communicates with Cap-
tain Cushing; be incloses a number of tele-
grams and letters relating to the subject.

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