No. 266.
Mr. Fish to Mr. Cushing.
Washington, August 21, 1874.
Sir: Your dispatch No. 41, inclosing a copy of your note to Mr. Ulloa, presenting the reclamation on behalf of the officers, crew, and passengers of the Virginius, was received upon the 17th of July. Upon a careful reading of this note to the minister of foreign affairs, it appeared to place the reclamation, even in the case of those who had been executed, principally, if not entirely, on the ground that the capture of the vessel was illegal. While it may be said that, the capture being illegal, reparation must follow for all the subsequent acts, including the executions, at the same time it seemed that great stress might be said upon the fact, at least so far as American citizens were affected, that such bloody deeds as were enacted at Santiago were contrary to [Page 501] the usages of civilized nations, in violation of treaty obligations, without parallel, and entirely without excuse, and demanded full and complete reparation, entirely apart from the question of the illegality of the capture of the vessel.
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The Department is now in receipt of your No. 64, inclosing a copy of your reply to the minister of state. Your reply has been read with care and lively satisfaction. You have very fully and properly exposed the fallacy of the arguments of the minister of foreign affairs looking to further delay in the consideration of the question, and have in terms fitting, and not too severe, denounced the cold-blooded murders of these defenseless people which took place at Santiago. No language can be too severe when applied to these bloody acts.
Your presentation of the case, and the light in which you have placed it, meet with the entire approval of this Department.
It is most disappointing and unsatisfactory to learn, after the presentation of the claim for reclamation had been delayed many months, when ample time had been given for every investigation which could be required, when an opportunity had arisen for the government of Spain to meet the question freed from the excitement which surrounded the acts which were complained of, when even the Spanish government had become loud in its expressions of horror at the execution of defenseless prisoners, in cold blood and without trial, that the answer submitted to your demand for redress for the occurrences at Santiago should be simply a plea for delay.
You will, on proper occasion, express to the government of Spain the strong feeling of this Government, that the questions so fully presented by you should be considered without delay, and that ample reparation, now too long deferred, should be promptly furnished.
This Department awaits with interest your further communication on this question, and the further steps to be taken by you in relation to General Burriel, as indicated in your No. 64.
I am, &c.,