No. 274.
Mr. Fish to Mr. Cushing.
Washington, February 19, 1875.
Sir: I have read your No. 238 with lively satisfaction. * * * In this connection, and particularly because it is of great importance that this controversy, once settled, should be finally determined, I allude to the matter of the punishment of General Burriel.
It will be remembered that, by the protocol of November 29, Spain bound herself to proceed, according to the second proposal made to General [Page 512] Sickels, to investigate the conduct of those of her authorities who had infringed Spanish laws or treaty obligations, and to arraign and punish them therefor. I am aware that Mr. Ulloa, in his note of December 3, informed you that the Spanish government would proceed to give proper orders for an inquiry respecting the conduct of these authorities in reference to the trial and sentence of the citizens of the United States, discussing at the same time the independence of the judicial power within its own sphere. As to what steps have been taken in that direction, I am not informed; but if it be conceded that the executions and the contemporary proceedings were wholly indefensible, so much so that the president of the council and the minister of state are unwilling to be considered as justifying or defending them, is not any formal inquiry, with all the attendant delay and with the bad effect of a want of complete adjustment, simply injurious and futile?
If the new government of Spain frankly avows that indemnity cannot be refused, and that it will not permit a longer withholding of reparation for this wrong, will it hesitate and delay punishment of the great offender, who not only put to death fifty-three of his fellow-creatures under circumstances exceptionally brutal and cruel, but who, long after the occurrence, paraded his share in the murders before the civilized world in a labored article, and falsely pretended that a decree, known to have been repealed, furnished him a justification?
I am unwilling to believe that Mr. Castro can be less frank and outspoken in reference to the punishing of General Burriel than to this question of indemnity; and I am quite as unwilling to think that the result of any inquiry can fail to coincide with the universal sentiment upon this question. In view of the fact that the present ministry has really denounced the acts and offered reparation, that the former ministers of Spain have at all times denounced similar acts committed in their own country, and that the civilized world has long since recorded its judgment, I must express the earnest hope that, while a further presentation of this matter should not embarrass or delay the settlement about to be made, upon a presentation at the proper time, the government of Spain will feel not only ready but desirous of putting an end to this entire controversy, and promptly punishing this chief offender; and I cannot imagine any more proper time for this most proper act than the earliest moment when the punishment can be inflicted.
I am, &c.,