No. 2.
Mr. Macdonell to the Earl of
Derby.—(Received August
23.)
[Extract.]
In accordance with your lordship’s instructions, I addressed a note to
the minister of foreign affairs, copy of which I have the honor to
inclose, informing his excellency that Her Majesty’s government could
admit of no farther delay in the settlement of the claims arising out of
the capture and subsequent execution of the British subjects on board of
the Virginius.
In delivering the above note to Señor Ulloa, I expressed the hope that he
would consult with his colleagues as to the best mode of settling this
question, which, under the circumstances specified in my note, admitted
of no further postponement.
Señor Ulloa again assured me that the Spanish government were most
desirous to see this affair brought to a close, so far as Her Majesty’s
government were concerned, but that unfortunately it was not in the
power of the Spanish government to act as promptly as your lordship
desired; that, owing to the United States Government having also an
interest in this matter, the Spanish government would find itself in an
embarrassing position, were it to establish a precedent by favoring the
English claimants; but the different claims and counter-claims between
the United States and Spain were now under consideration, and that if
Her Majesty’s government would be good enough to postpone the settlement
of their claims for a short time longer, he could give me the positive
assurance that as soon as the council of state re-assembled (at the end
of September) the payment of the indemnity would immediately be
effected.
I expressed great regret at not being able to comply with his
excellency’s request; that your lordship’s instructions on the subject
were definite, and that all I could do was to submit to your lordship’s
favorable consideration any reasonable suggestion his excellency might
make; but that steps must be taken to satisfy the just demands of the
families of the sufferers.
After some discussion, I agreed to submit to your lordship the proposal,
which Her Majesty’s government have since accepted, and the acceptance
of which I have notified to the Spanish government, viz, that a certain
sum should be paid, under the name of an advance, for the relief of the
families of the victims, without prejudice to the principle involved:
and I availed myself of that occasion to acquaint Señor Ulloa with the
amount of the indemnity claimed.
On calling upon the minister the following day, his excellency said that
he considered the sum demanded by Her Majesty’s government very large,
and far more considerable than he had been led to anticipate.
I pointed out that it was far below the estimate of the Spanish
government, as applied to the families of those who fell at the hands of
the Carlists.
However, I thought I might venture to make the following arrangement,
which has since been accepted by the Spanish government, viz, that the
sum of £1,000, by which the Spanish government seem desirous of reducing
the claim, should be held by them as the balance to be paid on the final
settlement of this question; by this means Her Majesty’s government will
eventually receive payment in full of the total amount claimed.
Accordingly, Señor Ulloa has now addressed to me a note, informing me
that orders have been given to the ministry of finance for the immediate
payment to Her Majesty’s government in London of the sum of £6,700, it
being clearly understood that the balance of £1,000 shall be paid when
the question of the Virginius claims shall have been definitely settled
by the council of state.
In submitting the above arrangement to your lordship, I trust that your
lordship will not be of opinion that I have gone too far in assuming the
responibility of accepting the modifications proposed by the Spanish
government.
[Page 1232]
[Inclosure 1 in No. 2.]
Mr. Macdonell
to Mr. Ulloa.
M. le Ministre: Having reported to the Earl
of Derby your excellency’s desire that Her Majesty’s government
might defer for the present pressing for a settlement of the
Virginius claims, I am instructed by his lordship to remind your
excellency that many months have now elapsed since the execution of
the British subjects taken on board the Virginius, and that in
several instances the families of the persons executed are in
distress. The latter consideration will, I am convinced, have full
weight with your excellency, as well as with the Spanish
government.
Her Majesty’s government have desired me to add that, though they are
most unwilling to add to the difficulties of the Spanish government,
yet they cannot allow these claims to be postponed indefinitely, and
I trust, therefore, that your excellency will be able to give me a
decided promise that the matter shall be settled by a fixed and not
too distant date.
I avail, &c.
[Inclosure 2 in No. 2.]
Señor Ulloa to
Mr. Macdonell.
[Translation.]
Sir: I have received your note of the 5th
instant, in which, by instructions from Lord Derby, you state to me
that many months having elapsed since the occurrence of the sad
events connected with the Virginius, the families of the English
persons captured on board of her and executed at Santiago de Cuba
renew their requests to Her Majesty’s government to obtain some
indemnity for the relief of their misfortune.
The British government is aware of the reasons which have, up to this
time, obliged the Spanish government not to refuse to arrange, but
to put off the arrangement of this indemnity with regard to British
subjects, but, as you very justly suppose in your note, the
consideration of the present miserable state of the families of
those unfortunate persons cannot but have an influence on the
Spanish government and move them not to wait for the moment when, in
a definitive and formal manner, the said families may receive some
sum of money.
To that end, the executive power of the Spanish republic, without
prejudging the essence of this matter, will have no objection to
give orders for handing over a sum of money for distribution among
the families of the British subjects captured on board the Virginius
and executed at Santiago de Cuba, reserving the delivery of what may
be necessary for the completion of the whole amount of the indemnity
that may be agreed upon between the two governments when the
principal question may have been definitely settled in that
sense.
You can, if you think fit, bring this proposal to the knowledge of
Her Britannic Majesty’s government, inspired as it is by the
strongest wish not to delay the sending of succor to the parties
interested, without precipitating the official course indispensable
for coming to a right decision in the present question.
I avail, &c.
[Inclosure 3 in No. 2.]
Mr. Macdonell
to Mr. Ulloa.
M. le Ministre: I beg to thank your
excellency for the ready acknowledgment of the communication I had
the honor to address to you on the 5th instant, and I hasten to
inform your excellency in reply that I have been authorized by Her
Majesty’s government to accept an advance on the sum which they deem
due, as compensation, to the families of the British subjects
captured on board the Virginius and subsequently shot at Santiago de
Cuba.
This point having been settled, it now becomes my duty to acquaint
your excellency with the total amount claimed by Her Majesty’s
government on behalf of those who suffered on that occasion. The
individuals executed numbered nineteen, of whom nine were men of
color, and ten were white men. For the colored men Her Majesty’s
government
[Page 1233]
claim of £300
sterling each, and for the white men £500 sterling each; which
constitutes at otal of £7,700 sterling, it being clearly understood
that in the event of no near relative of these men coming forward to
establish a claim, or failing to substantiate it, within a
reasonable period, the amount paid to Her Majesty’s government on
behalf of such individual or individuals shall be forthwith
restituted to the Spanish government.
In submitting the above figures to your excellency, I have no
hesitation in looking forward to a favorable reply, confident that
the Spanish government, guided by their high sense of justice, will
readily agree with the government of Her Majesty in considering the
amount of compensation claimed both fair and equitable.
I avail, &c.
[Inclosure 4 in No.
2.—Translation.]
Mr. Ulloa to
Mr. Macdonell.
Sir: I have received your note of the 15th
instant, in which you state to me, in answer to the note which I had
the honor of addressing to you on the 14th, that you are authorized
by Her Britannic Majesty’s government to accept the proposal made by
me in the name of the executive power, to give the sum to which both
governments might agree, for distribution, in the light of an
advance, among the families of the British subjects taken on board
the Virginius and executed at Santiago de Cuba.
You add, in the note to which I have the honor to reply, that as
there were nineteen of those unfortunate persons, of whom ten were
white men, and the other nine were men of color; and as the British
government think that they ought to fix, as the rate of indemnity,
the sum of £500 sterling for each white man, and £300 for each man
of color, the sum total would amount to £7,700, to be given by the
Spanish government for the purpose agreed upon.
The executive power of the nation agree, on their side, to the sum
fixed, and will give the necessary orders, through the ministry of
finance, so that £6,700 may be at once placed in London at the
disposal of Her Britannic Majesty’s government, and the remaining
£1,000, wanting for the completion of the whole sum of £7,700, will
be handed over when this matter shall be definitely settled
according to that which is proposed in my note of 14th instant; the
British government promising, in their turn, to re-imburse to the
Spanish government the sum or sums corresponding to those
individuals whose relations may make no claim, or may not fully
prove, within a reasonable time, their right to receive the
indemnity.
I avail, &c.
