No. 570.
Mr. Fish to the President.
Department of State,
Washington, November 20,
1874.
Sir: I have the honor to lay before you a copy
of a correspondence between the British chargé d’affaires at Madrid and
the Spanish minister of foreign affairs in relation to the indemnity
claimed by Great Britain for British subjects who were captured on board
the Virginius and were slain at Santiago de Cuba.
This correspondence comes into my possession confidentially, but through
a well-informed and trustworthy channel, and may be relied upon as
substantially, although probably not a literally, accurate translation
of the originals.
I shall transmit a copy to General Cushing for his information, as well
as for the purpose of accurate verification of the text of the letters,
if this be practicable.
I am very credibly assured, through other sources, that the payment of
the sum promised to be paid to Great Britain in August last had not been
made up to the 7th instant.
I have the honor to be, your obedient servant,
[Inclosure.]
The chargé d’ affaires of Great Britain to his
excellency the minister of state.
Sir: Having communicated to the Earl of
Derby the desire of your excellency that Her Majesty’s government
should, for the moment, delay agitation of the claims relating
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to the Virginius, I have
received instructions from his excellency reminding that many months
have already elapsed since the execution, of the British subjects
captured on board of the said steamer, and that the families of the
persons executed have represented in several instances that they
were in misery.
The last consideration, I am sure, will have weight in the mind of
your excellency, as well as in that of the Spanish government.
Her Majesty’s government has instructed me to represent that however
much it does not desire to augment the difficulties of the Spanish
government, yet it cannot permit that these claims should be
postponed indefinitely, and therefore trusts that your excellency
will have the goodness to give me a decisive promise that this
matter will be arranged at a specified date, and not a very distant
one.
I beg your excellency to receive, &c.
The minister of state to the chargé d’affaires
of Great Britain.
Dear Sir: I have received the note of your
lordship, dated 5th instant, in which, by instruction of Lord Derby,
your lordship has the goodness to represent to me that, many months
having elapsed since the deplorable event of the Virginius, the
families of the British subjects captured on board of her, and
executed at Santiago de Cuba, had reiterated their solicitations to
Her Majesty’s government, in order to obtain some indemnity that
should alleviate their misfortunes.
The British government is not ignorant of the motives which have
until now obliged the government of Spain not to refuse, but to
postpone, the arrangement of the respective indemnity to the British
subjects; but, as your lordship very justly supposes in your note,
the consideration of the miserable state in which the families of
those unfortunates are placed can have no less weight in the mind of
the Spanish government, and will induce it to anticipate the time
when the above-mentioned families shall receive, in a formal and
definite manner, some amount of money.
To this end the executive power of the Spanish Republic will, without
prejudging the foundation of this matter, have no objection to give
timely orders that an amount be forwarded for distribution among the
families of the British subjects captured on board the Virginius and
executed at Santiago de Cuba, reserving to itself the option of
sending as much as necessary until the total amount of the
indemnity, to be agreed upon by both governments, is completed, when
the principal question shall have been settled in this manner.
Your lordship can, if you think it convenient, inform the government
of Her Britannic Majesty of this proposition, which has been
inspired by the best desire not to delay the sending of assistance
to those interested, without, however, precipitating the official
course indispensable for proper settlement of the question which is
before us.
I avail myself, &c.
The chargé d’affaires of Great Britain to his
excellency the minister of state.
Sir: I have to thank your excellency for
the prompt reply which you have kindly made to the communication I
had the honor to address you at date of 5th instant, and in
consequence of which I hasten to inform your excellency that I have
been authorized by the government of Her Britannic Majesty to accept
the amount deemed just as indemnity to the British subjects captured
on board the Virginius and subsequently executed in Havana.
Being in accord upon this point, I have the honor to inform your
excellency of the total amount of the claim made by the government
of Her Britannic Majesty in favor of those injured by that
event.
The number of individuals executed amounts to nineteen, among whom
were nine colored and ten white men. For each of the colored men Her
Britannic Majesty’s government claims three hundred pounds, (£300,)
and for each of the white men five hundred pounds, (£500,) which
makes a total-of seven thousand seven hundred pounds, (£7,700,) it
being understood that, in case no relative of the victim presents
himself to establish his claim, or should not prove his right within
a reasonable time, the amount paid in his favor to the government of
Her Britannic Majesty shall be immediately refunded to the Spanish
government.
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In submit ting the foregoing figures to the consideration of your
excellency, I have no doubt of receiving a favorable reply, trusting
that the Spanish government, guided by its elevated sentiments of
justice, will be in accord with the government of Her Britannic
Majesty, and consider as just and equitable the amount fixed as
indemnity.
I avail myself, &c.,
The minister of state to the chargé d’affaires
of Great Britain.
Dear Sir: I have received the note of your
lordship, dated 15th instant, by which you have the goodness to
inform me, in reply to that I had the honor to address you on the
14th instant, that your lordship is authorized by the government of
Her Britannic Majesty to accept the proposition presented by me in
the name of the executive power; a proposition to furnish the sum
agreed upon by both governments, in order that the same be, in the
nature of an advance, distributed among the families of the British
subjects captured on board the Virginius and executed at Santiago de
Cuba. Your lordship adds, in the note to which I have the honor of
replying, that the number of these unfortunates amount to nineteen,
of whom ten are white men, and the remaining nine colored, the
government of Great Britain deeming it fit to fix the indemnity at
the amount of five hundred pounds (£500) for each of the individuals
of the white race, and at three hundred pounds (£300) for each of
the colored, resulting in a sum-total of seven thousand seven
hundred pounds, (£7,700) which the Spanish government is to furnish
for the object agreed upon.
The executive power consents on its part to the amount fixed, and
will give timely orders, through the minister of finance, for the
immediate transfer of six thousand seven hundred pounds (£6,700) in
London, to be placed at the disposal of Her Britannic Majesty, being
prepared to forward the remaining thousand pounds to make up the
total amount of seven thousand seven hundred pounds (£7,700) when
the subject shall have been definitely terminated, in accordance
with the proposition of my note of the 14th instant, the government
of Great Britain, on its part, agreeing to refund to the Spanish
government the portion or portions of those individuals,
respectively, whose relatives should present no claim, or not
clearly establish their right to receive the indemnity within a
reasonable time.
I avail myself, &c.,
AUGUSTO ULLOA,
The Minister of
State.