of duty, and moved only by a noble sentiment of justice, to make such ample reparation to a friendly power as the laws and usages of natious required. The undersigned is grateful to his excellency the minister of state for the assurance that the law will be vindicated and maintained in Cuba. The Government of the United States has never ceased to enjoin upon the undersigned to make every appeal and omit no effort that might convince the government of Spain of the urgent need of such measures as would stop the demoralization and ameliorate the situation of that unhappy island. And if at last, under the good auspices of Mr. Carvajal, with the aid of that serenity that is unmoved by slaughter and that energy that rejects the voice of humanity, which even the humblest may utter and the most powerful cannot hush, this government is successful in restoring order and peace and liberty, where hitherto, and now, all is tumult and conflict and despotism, the fame of this achievement, not confined to Spain, will reach the continents beyond the seas and gladden the hearts of millions who believe that the New World discovered by Columbus is the home of freemen and not of slaves. The undersigned avails himself, &c. D. E. SICKLES. [Inclosure 4 in No. 834.-Translation.] Leading article in “El Imparcial” of November 14, 1873. THE QUESTION OF THE DAY. When so much is being said of the diplomatic complications in which Spain may become involved by reason of the late events announced to us by telegraph from Havana, it seems to us not improper to touch upon a few considerations suggested to us by the dispatches from Washington, which we found yesterday in the French press, and by that communicated to us last night by the Fabra agency. Little or no importance has been attached to the interviews the American minister has held with the President of the executive power, and with the minister of state, during the last few days. With that good sense which marks public opinion in all countries when questions that rise above the level of mere party rivalries are under discussion, all have seen that this solicitude of the American minister was completely officious, and we do not know to what degree it reflects the views of his Government. Whatever use the Spanish authorities may make of their power, when their decisions involve persons put under their control by the laws of nationality, or the extraordinary ones of war, certainly no claim is admissible from the representative of another powerleast of all if it be a friendly one, and republican, treating, as in the present case, with a nation constituted as a republic. From this view of the case, the American representative could not attempt any interference without making what would be called in legal language an impertinent demand. Nor could the seizure of the steamer Virginius serve as a pretext for a diplomatic claim, except in case of a capture not having been effected within the conditions established by generally-recognized maritime law, and for such conditions to be called in question by the United States Government it would be necessary to acknowledge that the pirate craft sailed under the protection of the stars and stripes, and with letters of marque-a supposition which can neither enter into the views of the Washington Government, nor indeed would it be lawful, unless preceded by a declaration of war. In any case, there might be a doubt as to whether or not the vessel was captured in jurisdictional waters; but granting this, the right of protest against seizure would belong not to the United States but to England, if such a seizure proved to have been made on the coast of Jamaica. But no such hypothesis can be admitted; for it is known, as has been affirmed by the press, that the capture was effected more than twenty-four miles from the Jamaica coast, and at a time when the vessel was being pursued from the shores of Cuba. We are confident, then, that there neither does exist any diplomatic claim on the part of the United States touching this matter, nor are there any grounds for such a claim, and all that has been said of late about the affair can only be construed into officious interference on the part of the American minister, fomented, doubtless, by certain deputies anxious to trammel the government, in a spirit of patriotism which the opinion of the country even now estimates at its full value. And if there should be any doubt as to our statement of the case, it would be dispelled by a perusal of the telegrams referred to at the opening of our article. We find in the Journal des Debats a dispatch from Washington, of the Sth, which says: Mr. Fish, convinced that the intentions of the Spanish Republic are entirely pacific, will come to no definite determination in the affair of the Virginius until exact infor mation of the facts in the case shall have been received." But lest the above dispatch should be regarded as old news, here is another received only last night: "Washington, 13.-The ministers have had a protracted council on the affair of the Virginius, captured by the Spanish war-steamer Tornado. They have resolved not to take any definite action until full official information is at hand.” It is well that the minister for foreign affairs of the American Republic does not call in question the pacific intentions of the government of Spain; but in so doing he only renders a tribute of justice to our policy, and acknowledges our perfect right to govern ourselves as we please, and, above all, to protect our territory from the schemes of wily filibusters. But it should be observed that on the 13th, the Washington Government must have had at least eight mails from Havana, with official information from their agents touching the capture of the Virginius, which these agents might have received as early as the 1st; and yet the council of ministers of President Grant could come to no decision for lack of official news. At all events, it is not clear on what basis the United States can lay a claim for wounded rights or even a pretext therefor, when their agents in Cuba were unable to furnish information of the supposed outrage on the American flag after the interval of eight days; moreover, it is not to be supposed that that Government will pretend to make any formal and admissible claim for the acts of severe justice administered in Santiago de Cuba, since, as a colleague pertinently remarks, neither Spain nor any other power has said anything official or officious to the United States for the horrid butchery of the Modoc Indians, commanded or authorized by that Government. As far as we know, no official claim has been made for these acts, and none is likely to be made. From any nation rather than from the United States, some pretext for interference in our affairs and for trammeling the government of Spain might be expected. There, as in all countries where practical democracy is a fact, public opinion is paramount and cannot be ignored by governments. In this affair, far less than in any other related to European politics, can the Washington Government afford to act self-inspired, and thus jeopardize their popularity. It must not be concealed that the immense majority of the American people are in favor of the consolidation of the Spanish Republic, and it would not be advantageous to the Government of General Grant to oppose that popular current by involving Spain in international complications at a time like this, when our government needs all its strength to solve our internal difficulties. Furthermore, we do not know how far the American people will complacently regard the officious zeal of their representative in Madrid and his efforts to embarrass the progress of the government, apparently seconding the schemes of the irreconcilable deputies; for setting aside the fact that this behavior does not correspond with what the government of the Spanish Republic has a right to expect from the American people, it cannot even be justified by instructions from his Government, if the telegram of the Fabra agency be true when it says that the council of ministers which met yesterday in Washington were unable to reach a definite resolution for lack of data. Will Mr. Sickles be likely to have fuller information than his Government? It is to be supposed that this is not the case, and therefore we attach no importance whatever to these movements of the American representative. And while we are on the subject of relations with the United States, we are bound to address to Mr. Castelar's government a few patriotic exhortations. Spain was never in a better condition to solve the Cuban question than now. Everybody will call to mind that when we were a monarchy not a day passed but that the Washington Goverument, under one pretext or another, made claims on us, and not a presidential message was read in Congress but was pregnant with censure and even threats against Spain on her Cuban policy. Since the declaration of the republic in Spain, public opinion has undergone a complete change, and Mr. Castelar would do well to profit by this favorable disposition by putting forth a supreme effort to close out at once the insurrection in Cuba. No government was ever so favorably situated to realize this end; and should it be attained now, the present government would win laurels for the republic, the only ones, perhaps, the country could justly place to its credit. We at least would not grudge it this glory; for monarchists or partisans of whatever political doctrine, we are, first of all, Spaniards. And we will close these lines, dashed off under the impression made on us by the latest news, with one suggestion to the government, who will pardon us on the score of the sentiment that dictates it, though it may be deemed impertinent. Mr. Sickles holds certain personal opinions on the maintenance of the Spanish flag in America, and without doubt these find an echo in the great republic among a few fanatics, not by any means the most influential, nor, as a consequence, most esteemed, but the vast majority of the American people are more prejudiced against Mr. Sickles's opinions than against Spain. No. 836.] No. 615. General Sickles to Mr. Fish. UNITED STATES LEGATION IN SPAIN, Madrid, November 16, 1873. (Received December 9.) SIR: I have the honor to forward herewith a copy of a note passed to the minister of state yesterday, relating to the refusal of the authorities at Santiago to permit our consul there to telegraph to his colleague at Jamaica on the subject of the Virginius, and also touching the curt refusal of the captain-general of the island to comply with a request made by the consul-general at Havana, pursuant to orders from the Department of State. I am, &c., [Inclosure.] D. E. SICKLES. General Sickles to Mr. José de Carvajal. LEGATION OF THE UNITED STATES OF AMERICA, SIR: I regret to have occasion to invite the attention of your excellency to another instance of the misconduct of the authorities at Santiago de Cuba, in refusing to allow the consul of the United States at that place the use of the telegraph for the purpose of obtaining information from his colleague, the American consul at Kingston, Jamaica, respecting the voyage of the Virginius, which testimony was desired for the information of his Government, and was material and pertinent to the defense of persons captured on board that vessel, and then in the custody of said authorities, charged with grave offenses. And I have also to represent to your excellency that the consul-general of the United States at Havana, having been directed by the Secretary of State to use his good offices in obtaining for any citizens of the United States on board the Virginius the legal privileges and protection guaranteed to them by the treaty of October 27, 1795, commmunicated the instructions he had received from his Government to the captain-general, requesting the sanction and aid of that officer in the performance of the duties made obligatory on the respective governments by the treaty. To this reasonable and proper request the captain-general returned a curt refusal. It is by such acts that the authorities in Cuba have made the government of the republic responsible before the civilized world for a course of procedure in that island in which scores of men have been put to death without heeding any of the ordinary precepts of justice recognized by all nations, and observed in Spain itself, notwithstanding the existence here of a civil war of far greater proportions than can be attributed to the conflict in Cuba. I have on more than one occasion, in obedience to the instructions of my Government, pointed out to your excellency and to your worthy predecessors the refusal of the authorities in Cuba to afford to the consular officers of the United States proper facilities for the execution of their duties in behalf of American citizens having need of the interposition and aid of the authorized representative of their country. I have been assured again and again that orders had been transmitted to the captain-general of Cuba requiring a better observance of the rights of American citizens and of the amenities due to consuls when acting in aid of justice and supported by the faith of solemn treaties. And I shall be glad if your excellency will inform me whether my Government is to regard the recent action of the captain-general and of the commanding officer at Santiago de Cuba as consistent with the line of conduct these authorities have been instructed to adopt on occasions like those which I have now, in the performance of my duty, brought to the notice of the government of the republic. I avail myself, &c., D. E. SICKLES. No. 839.] No. 616. General Sickles to Mr. Fisk. UNITED STATES LEGATION IN SPAIN, Madrid, November 16, 1873. (Received December 9.) SIR: I have the honor to forward a copy of a note addressed to the minister of state, and placed by Mr. Adee in the hands of an officer at the ministry this afternoon at five o'clock, in which I have executed so much of your instruction dated yesterday and received this morning as seemed to me might with advantage be made the subject of an official communication at this moment. I hold in reserve for the right occasion, should it be presented, the other important intimations contained in the instruction mentioned. I am, &c., D. E. SICKLES. [Inclosure.] General Sickles to Mr. José de Carvajal. LEGATION OF THE UNITED STATES OF AMERICA, The undersigned regrets to have occasion to inform his excellency the minister of state that more and more executions of persons seized on board the Virginius, an American ship recently captured on the high seas by the Spanish cruiser Tornado, continue to take place at Santiago de Cuba by the action and with the sanction of the Spanish authorities. According to the intelligence received at Washington from the United States consul-general at Havana, a number of the passengers of the Virginius were shot on the 12th instant; it also appears, from the reports published in the Havana journals of the 14th, that fifty-seven other prisoners have been executed, and that only some eighteen out of the whole number of one hundred and sixty-five comprising the crew and passengers of that vessel may, perhaps, escape death. At the same time it is stated by the consul that no official information had been received. The undersigned is directed to communicate this report to the minister of state. It would be extremely satisfactory if, for the information of his Government, the undersigned were authorized by Mr. Carvajal to rectify, by means of more authentic official data, the statements of the daily papers in Havana, published, it is believed, under the censorship of the authorities of that place. And the undersigned, in obedience to the orders of his Government, must observe that if, unhappily, these reports are confirmed, such repeated violations of the assurances heretofore given to the undersigned increase the necessity of that full and speedy reparation on the part of the government of Spain which the United States ought of right to receive. The undersigned would fail to discharge an impressive and solemn duty imposed upon him at this critical moment if he concealed the grave peril to which, in the judgment of the President, the friendly relations of the two countries may be exposed unless the undersigned is enabled without delay to convey to his Government a satisfactory reply to the reclamations he has addressed to his excellency the minister of state respecting the unjustifiable capture of the Virginius and the proceedings of the anthorities in Cuba in killing, without trial, day after day, a score or more of persons illegally arrested on the high seas while under the American flag. The undersigned, &c., D. E. SICKLES. No. 617. General Sickles to Mr. Fish. [Telegram.] MADRID, November 16, 1873. Informed minister of state officially by note of the further executions mentioned in your cable of 15th. President Castelar sent me a message by his secretary, stating that the captain-general, in a telegram of same date, denies truth of report. SICKLES. No. 618. General Sickles to Mr. Fish [Telegram.] MADRID, November 16, 1873. Mr. Layard informs me he has received instructions from his govern ment concerning seventeen British subjects among the crew of the Virginius executed, and seven more under sentence of death, the latter all minors. Of the seventeen dead, six were executed immediately on the arrival of the Virginius in port. A British frigate is ordered to Santiago. SICKLES. No. 619. Mr. Fish to General Sickles. [Telegram.] WASHINGTON, November 17, 1873. It is important that Government be in possession of actual text of correspondence between you and Spanish ministry on subject of Virginius. You will therefore send by special messenger all such correspondence to London, so as to reach there and be telegraphed thence in cipher ou the 25th of this month. Anything important after your messenger leaves, which could reach here before 1st December, you will communicate by cable, unless you can secure accurate transmission to this capital by that date through some other channel. FISH. No. 842.] No. 620. General Sickles to Mr. Fish. UNITED STATES LEGATION IN SPAIN, Madrid, November 17, 1873. (Received December 11.) SIR: I have the honor to forward herewith a copy and translation of a note received yesterday from Mr. Carvajal, under date of 15th instant, assuring me that the necessary orders have been sent to Cuba to permit our consul to have access to the American citizens made prisoners on the Virginius, and to assure to them the guarantees of the treaty of 1795, as requested in my note of the 11th instant, of which a copy accom panied my No. 815. SIR: In answer to the note you were pleased to address me under date of the 11th instant, expressing the wish that the government of the republic should give the |