DIPLOMATIC CORRESPONDENCE AND FOREIGN RELATIONS. 263 



tiona of the Treaty of 1795, 1 directed a demand to be 

 made upon Spain for the restoration of the vessel, 

 and for the return of the survivors to the protection 

 of the United States, for a salute to the nag. and for 

 the punishment of the offending parties. The prin- 

 ciples upon which these demands rested could not 

 be seriously questioned; but it was suggested by 

 the Spanish Government that there were grave 

 doubts whether the Virginius was entitled to the 

 character given her by her papers, and that, there- 

 fore, it might be proper for the United States, after 

 the surrender of the vessel and the survivors, to dis- 

 pense with the salute to the flag, should such facts 

 be established to their satisfaction. This seemed to 

 be reasonable and just. I therefore assented to it on 

 the assurance that Spain would then declare that no 

 insult to the nag of the United States had been in- 

 tended. I also authorized an agreement to be made 

 that, should it be shown to the satisfaction of this 

 Government that the Virginius was improperly bear- 

 ing the flag, proceedings should be instituted in our 

 courts for the punishment of the offense committed 

 against the United States. On her part, Spain un- 

 dertook to proceed against those who had offended 

 the sovereignty of the United States, or who had 

 violated their treaty rights. The surrender of the 

 vessel and the survivors to the jurisdiction of the 

 tribunals of the United States was an admission of 

 the principles upon which our demand had been 

 founded. I therefore had no hesitation in agreeing 

 to the arrangements finally made between tne two 

 Governments, an arrangement which was moderate 

 and just, and calculated to cement the good relations 

 which have so long existed between Spain and the 

 United States. 



Under this agreement the Virginius. with the 

 American flag flying, was delivered to the navy of 

 the United States at Bahia Honda, in the island of 

 Cuba, on the 16th ult. She was in an unseaworthy 

 condition. In the passage to New York she encoun- 

 tered one of the most tempestuous of our winter 

 storms. At the risk of their lives, the officers and 

 crew placed in charge of her attempted to keep her 

 afloat. Their efforts were unavailing, and she sank 

 off Cape Fear. The prisoners who survived the 

 massacres were surrendered at Santiago de Cuba on 

 the 18th ult., and reached the port of New York in 

 safety. The evidence submitted on the part of Spain, 

 to establish the fact that the Virginius, at the time 

 of her capture, was improperly bearing the flag of 

 the United States, is transmitted herewith, together 

 with the opinion of the Attorney-General thereon, 

 and a copy of the note of the Spanish minister ex- 

 pressing, on behalf of his Government, a disclaimer 

 of any intent of indignity to the flat; of the United 

 States. \f. S. GKANT. 



January 5, 1874. 



The correspondence accompanying the Pres- 

 ident's Message is very voluminous. It ap- 

 pears that, on the 6th of November, General 

 Sickles telegraphed to Secretary Fish that the 

 Virginias had been captured six miles from Ja- 

 maica, and that the Captain-General had been 

 ordered, on Mr. Sickles's suggestion, to await 

 orders. The Secretary telegraphed Mr. Sickles 

 in reply, that the summary proceedings de- 

 manded investigation as inhuman ; that repa- 

 ration will be required if American citizens 

 have been wrongfully executed. Mr. Sickles, 

 the next day, reported his interview with Sefior 

 Carvajal and with President Castelar. The lat- 

 ter, he said, had ordered that no person be exe- 

 cuted without authority of the Cortes, and 

 thereupon Mr. Sickles expressed satisfaction. 

 He subsequently telegraphed Mr. Fish that the 

 Spanish Government would spontaneously do 



every thing required by public law and treaty 

 obligations ; that the Spanish Government re- 

 gretted the execution of the four prisoners, and 

 orders were sent to stay further proceedings. 



On the 8th of November, Minister Sickles 

 gave a detailed account of the interview with 

 the Spanish Minister of State, who said that 

 no formal demand would be necessary on the 

 part of the United States, as the Spanish Gov- 

 ernment would at once take up the question 

 and decide it. The case of the Deerhound was 

 cited, and the same principles would be applied 

 to the Virginius. After further correspond- 

 ence, Mr. Fish telegraphed to Minister Sickles 

 as follows: 



Accounts have been received from Havana of the 

 execution of the captain and thirty-six of the crew, 

 and eighteen others. If true, General Sickles will 

 protest against the act as brutal and barbarous, and 

 ample reparation will be demanded. 



The Secretary confidentially informed Min- 

 ister Sickles that doubt existed as to the right 

 of the Virginius to carry the American flag. 

 Mr. Fish telegraphed to Minister Sickles that 

 the course of the Spanish Government was ac- 

 cepted as evidence of a willingness to admin- 

 ister justice. The condemnation of the act 

 should be followed by punishment. Mr. Sickles 

 was instructed to say so to the Spanish Gov- 

 ernment, and that this Government feared 

 that Spain could not control the insurrection 

 of the Casino Espafiol. 



On November 12th General Sickles stated 

 that lie had had an interview with President 

 Castelar, who said such scandals must cease ; 

 that interrogatories had been addressed to the 

 Captain-General, and that, as soon as they were 

 replied to, General Sickles would receive a 

 communication. The Minister of State in- 

 formed Mr. Sickles of the execution of the pris- 

 oners, and the orders from Madrid arriving too 

 late to prevent it, but the slaughter had ceased. 

 The discnssion between Mr. Sickles and the 

 minister is given. Orders, it was said, would be 

 issued to assure the United States citizens the 

 protection of the ordinary tribunal. General 

 Sickles urged a speedy solution of the troubles, 

 and called attention to executions in pursuance 

 of previous convictions made in the absence 

 of the accused. Secretary Fish telegraphed to 

 Sickles, November 14th : 



Your telegram, announcing the adjournment of 

 conference, received. Unless abundant reparation 

 shall have been voluntarily tendered, you will de- 

 mand the restoration of the Virginius, and the re- 

 lease and delivery to the United States of the per- 

 sons captured on her, who have not already been 

 massacred, and that the flag of the United States 

 be saluted in the port of Santiago, and the signal 

 punishment of the officials who were concerned in 

 the capture of the vessel and execution of the pas- 

 sengers and crew. In ease of refusal of satisfactory 

 reparation within twelve days from this date, you 

 will, at the expiration of that time, close your lega- 

 tion, and will, together with your secretary, leave 

 Madrid, bringing with you the archives of the lega- 

 tion. You may leave the printed documents, which 

 constitute the library, in charge of the legation of 

 some friendly power, which you may select, who 



