654 ......do

Transmits translation of the note from the min-
ister of state.

961

Nov. 27

963

963

Mr. Fish to General Sickles. Nov. 27 (Telegram.)

Transmits copies of a private note from Mr. Carvajal to General Sickles, and his reply. Transmitting copy of Senate resolution of June 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.

General Sickles to Mr. Fish. Nov. 28 Has reason to think Spanish government will yield (Telegram.)

Nov. 28

our terms; hopes to announce result that after

noon.

Instructions received. Proposes to renew re-
quest for passports.

Nov. 28 Transmitting correspondence with Italian minis
ter at Madrid respecting charge of effects of le-
gation.

......do

Nov. 28

(Telegram.)

Announcing that it had been informally agreed at
Madrid the previous day that reparation should
be made in accordance with the American
demand; that he is now informed that a differ-
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

1 General Sickles to Mr. Fish. Nov. 29 (Telegram.)

......do

Nov. 29

Mr. Fish to General Sickles. Nov. 29 (Telegram.)

Nov. 29

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; having received notice. that General Sickles would demand his passports at 3 to-day, (see 74, supra.) it is supposed that those negotiations have dropped. Communicates substance of a note from minister of state respecting settlement; comments adversely upon it, and advises insistence upon original terms.

Same subjects as 659 and 661; incloses text of the
correspondence.

Spanish minister yesterday made a proposal em-
bracing substance of demands of 15th, with
slight variations, which has been accepted and
protocol signed. (See 707, post.)
Remain at post

General Sickles to Mr. Fish. Nov. 29 Acknowledging receipt of 664

Nov. 30

(Telegram.)

Capture of Virginius made by order of commander
of fleet.

964

964

964

965

966

966

967

969

969

969

970

970

970

971

670

Mr. Fish to General Sickles. Dec.

3

Inclosing copies of Consul-General Hall's dis
patches. (See Nos. 734, 735, post.)

971

Powers sent to Admiral Polo to negotiate place
and time for surrender of Virginius.

972

672 ......do

Dec.

3

Same subject

972

6 Alleged publication unauthorized; no dissatis-
faction expressed; important that he should
remain.

973

Dec.

8

* General Sickles to Mr. Fish Dec. 15 (Telegram.)

President Castelar informs him of surrender of
Virginius and survivors.

973

975

975

682 General Sickles to Mr. Fish. Dec. 20

Mr. Fish to General Sickles. Dec. 20 Resignation accepted; Attorney-General decides

975

975

976

977

II. CORRESPONDENCE AND NEGOTIATIONS WITH THE SPANISH LEGA: TION AT WASHINGTON.

977

978

978

978

979

980

980

981

6.9 Mr. Fish to Admiral Polo.. 700 Telegram from the secretary of state, Madrid, to Admiral Polo. (Handed by Admiral Polo to Mr. Fish.)

701

Memorandum of statement by Mr. Fish to Admiral Polo.

72 Telegram from secretary of
state, Madrid, to Admiral

Polo. (Handed by Ad-
miral Polo to Mr. Fish.)

1873. Nov. 24, Nov. 24

Nov. 24

Nov. 25

703 Memorandum of interview Nov. 25
between Mr. Fish and Ad-
miral Polo.

704......do

1

Nov. 27

Respecting the proposed examination of witnesses
in New York.

Asking whether the United States will await the
result of investigation by Spain; whether the
President will submit question to Congress; |
and for a statement of points of offense in view
of treaty stipulations and international law.
Reasons why it is impracticable to wait; reasons
why President must submit facts to Congress.
General statement of the points of offense.
The news contradictory as to right of Virginius to
carry United States flag: it may appe r that
she is the subject of reclamations against United
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.

Admiral Polo reads No. 702; Mr. Fish replies that
United States, in the interest of all maritime
powers, (including Spain,) deny right of capture
of documented vessels on high seas in time of
peace; the right to inquire 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 Virginins unquestioned; any
irregularity in papers, therefore, merely tech-
nical.

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 hold 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 have violated the
laws of United States, reserving question of
salute for further information; Mr. Fish con- i
sults the President and accepts proposal; if
vessel and survivors are delivered forthwith, the
salute will be dispensed with, if Spain, before
December 25, 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.

NO Telegram from secretary of Nov. 28 Negotiations renewed in Madrid; any arrange-
state, Madrid. to Admiral

ments made will be carried out in Cuba.

983

9×3

984

984

985

986

987

713 Admiral Polo to Mr. Fish... Dec. 10

714

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 Edward 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.

Mr. Fish to Admiral Polo... Dec. 22 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 commenced against ves-
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.

991

1051

1052

Directing him to ask of authorities confirmation
or denial of reported massacre, and to report at
earliest possible moment.

1070

Nov. 15
Nov. 15

731

Nov. 12 Directing him to demand of authorities the most
ample rights for all American citizens on the
Virginius.
Fully confirming the massacre................
Correspondence between the Spanish commander
in the eastern district and the British vice-con-
sul at Santiago; crew-list of the Virginius.
The Virginius 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; he incloses a number of tele-
grams and letters relating to the subject.

Mr. Nunes to Mr. Davis .... Nov. 15

1071

1071

1071

1073