No. 640. Mr. Fish to General Sickles. [Telegram.] WASHINGTON, November 21, 1873. Your telegram, suggesting a possible difference of attitude on the part of Spain in Madrid, and here, which you think calls for your withdrawal from Madrid, and asking a request to the Italian government to authorize its representative to take care of our library at Madrid, has been laid before the President, who decides that public interests require that you should remain at your post until expiration of time heretofore named, or until further orders. If a difference exists, as you suggest, the President feels it his duty to take into consideration the representations made at Washington, which approach most nearly to compliance with our just demands, and he depends upon you to co-operate with our efforts to induce Spain to make such concessions as may avert a rupture between the two republics, without questioning the sincerity of the Madrid cabinet. It will not be possible to send a vessel to Valencia. FISH. No. 641. General Sickles to Mr. Fish. [Telegram.] MADRID, November 21, 1873. Constant efforts are made by this cabinet to conciliate England. Castelar is every day at the British legation. The press has received an official hint to contrast the moderation of England with our impatience. I suspect overtures have been made also to Germany for her good offices. No. 642. General Sickles to Mr. Fish, [Telegram.] SICKLES. MADRID, November 21, 1873. Your instruction of 20th received. In accordance therewith, I pro pose to defer any reply to Mr. Carvajal's note of the 17th until the 26tb, unless otherwise ordered. SICKLES, No. 643. General Sickles to Mr. Fish. [Telegram.] MADRID, November 23, 1873. Your instruction of this date received. Have cabled to Schenck an unofficial note I wrote minister on the 6th. It will be repeated to you from London. I cannot but feel you will attach some importance to the timely and considerate intimation then conveyed in the most friendly manner to this government. SICKLES. No. 644. Mr. Fish to General Sickles. [Telegram.] WASHINGTON, November 23, 1873. Have telegraphed to Rome for authority to Italian minister to take custody of library and property. Spanish government, through minister here, proposed arbitration, which has been declined on the ground that the question is not one for arbitration, the subject being one of national honor, of which the nation must be the judge and custodian. FISH. No. 645. General Sickles to Mr. Fish. [Telegram.] MADRID, November 24, 1873. If you send order to leave, please instruct me whether I am to reply to Mr. Carvajal's notes of the 17th and 18th, or make any other communication to this government besides the announcement of my depart ure. Impression general in Madrid that this matter is settled. SICKLES. No. 646. Mr. Fish to General Sickles. [Telegram.] DEPARTMENT OF STATE, Washington, November 25, 1813. If upon the close of to-morrow no accommodation shall have been reached in the case of the Virginius, you will address to the foreign office a note expressing regret at the delay of the reparation asked for, and stating that, in conformity with instructions from your Government, you were under the necessity of withdrawing from Madrid, for which purpose you request the usual passport for yourself, your family, and suite. If, however, the accommodation desired should be brought about in the course of to-morrow, either here or in Madrid, you will, until otherwise directed, abstain from addressing the note adverted to. Should a proposition be submitted to you. to-morrow, you will refer it here, and defer action until it be decided upon. A telegram has just now been read to me by Admiral Polo, which gives reason to hope for a satisfactory accommodation. You will, therefore, allow the whole of to-morrow to pass before addressing your note. No. 647. General Sickles to Mr. Fish. [Telegram.] FISH. MADRID, November 25, 1873. Layard says Granville has expressed his sense of the justice and moderation of the reparation we have demanded, and this has been communicated to Castelar. England reserves her reclamation for the present, and endeavors to promote a settlement of the question pending between the United States and Spain. SICKLES. No. 875.] No. 648. General Sickles to Mr. Fish. UNITED STATES LEGATION IN SPAIN, Madrid, November 26, 1873. (Received December 23.) SIR: I have the honor to forward herewith a copy of a note of this date, which, in compliance with your previous instructions, I addressed to the minister of state, asking for my passports. It was placed in the hands of the minister at the palace this afternoon, a few minutes after 2 o'clock, by the secretary of legation, Mr. Adee. Mr. Carvajal stated that a communication had been made to me of this date, and desired to know whether it had reached me before my note was sent to him. Mr. Adee replied that up to the moment when he left the legation nothing had been received from his excellency. Subsequently I informed the minister that, in view of his communica. tion, which was delivered at the legation at half-past 2 p. m., he might defer any reply to my request until it should be renewed, if, unhappily, the negotiation now resumed on fresh bases failed, and I should be constrained again to take the same step. Your latest instruction on this point, dated yesterday, was not received here until half-past 4 this afternoon. I am, sir, &c., D. E. SICKLES. [Inclosure in No. 875.] General Sickles to Mr. José de Carvajal. MADRID, November 26, 1873. The undersigned, envoy extraordinary and minister plenipotentiary of the United States of America, reserving to his Government such observations as it may see fit to make on the several communications addressed to the undersigned by his excellency the minister of state respecting the matter of the Virginius and the penalties inflicted on her crew and passengers, is instructed to terminate his mission and leave Spain, taking with him the archives of this legation. The undersigned has, therefore, to request that his excellency the minister of state will kindly grant him the usual safeconduct to the Spanish frontier for himself and the secretary of legation, including the household and effects of the undersigned. At 2 this morning I have a message from President Castelar that a note will be sent to me to day recognizing the principles on which our demand is based, and promising to make the reparation we require ou or before the 25th of December, if the facts elicited by the investigation now being made by this government show that the Virginius was a reg ularly-documented American ship. In reply I expressed my apprehension that the proposed delay would not be acceptable, and suggested that this government should receive our declaration of the nationality of the ship and make the reparation immediately. Nevertheless, I said that on receipt of such a communication to-day I would inform you of it, and assume the responsibility of deferring my departure until the further orders of the President. My belief is that the real object of this overture is to gain time to strengthen the Spanish fleet in the Gulf of Mexico and send troops to Cuba, and that at last some pretext will be found to evade the reparation. The fall of Carthagena, which is daily looked for, is expected to liberate the home squadron and the besieging army. No. 650. General Sickles to Mr. Fish. [Telegram.] SICKLES. MADRID, November 26, 1873. Your instruction of 25th received at 4.30 this afternoon. I have informed minister that this proposition has been communicated to you by cable, and that he is at liberty to defer a reply to my request for passports until I renew it. SICKLES. No. 651. General Sickles to Mr. Fish. [Telegram.] MADRID, November 26, 1873. At half-past 2 this afternoon, half an hour after I had asked for my passports, I received a note, dated to-day, from minister of state, in which he says: First. If it appear, on or before the 25th of December next, that the Virginius rightfully carried the American flag and that her documents were regular, Spain will declare the seizure illegal, salute the flag as requested, and return the ship with the surviving passengers and crew. Second. If it be proved that the authorities of Santiago de Cuba, in their proceedings and sentences pronounced against foreigners, have essentially infringed Spanish legislation or treaties, this government will arraign those authorities before competent tribunals. Third. Any other reclamations growing out of the affair which either of the respective governments may have to present will be considered diplomatically, and, if no agreement be reached, they will be submitted. to the arbitration of a third power, named by mutual consent. Fourth. If the 25th day of December shall have expired without the Spanish government having resolved, in so far as comes within its province, the questions arising out of the demand for reparation, it will hold itself bound to accord such reparation the same as if the right of the United States to require it were recognized, and such reparation will be given in the form specified in the first and second paragraphs. SICKLES. No. 652. General Sickles to Mr. Fish. [Telegram.] MADRID, November 26, 1873. After a careful perusal of the note of this date, I have to suggest that it means substantially that if the authorities in Cuba cannot, within thirty days, furnish some allegation on which a debatable issue can be made respecting the papers of the Virginius, this government will order them to release the ship and prisoners and deprive them of their employments. It will also be observed that no purpose is indicated to punish the officer responsible for the capture, and that the authorities at Santiago may be arraigned before a Cuban tribunal, whose decision would be final. SICKLES. No. 878.] No. 653. General Sickles to Mr. Fish. UNITED STATES LEGATION IN SPAIN, Madrid, November 27, 1873. (Received Dec. 23.) SIR: I have the honor to forward herewith a translation of the note received yesterday from the minister of state, of which the original |