Mfl 



DIPLOMATIC CORRESPONDENCE AND FOREIGN RELATIONS. 



the subject of reclamations against United State*. 

 Spain aiupcnda her reclamation*, and asks United 

 State* to do the same till fact* are known. No ailis- 

 faction possible till right to demand It established. 



On November 25th Mr. Fish said to Ad- 

 miral Polo that the United States, in the in- 

 terest of all maritime powers, including Spain, 

 deny the right of capture of documented 

 vessels on the high-seas in time of peace; that 

 the right to inquire into the validity of papers 

 was in the power issuing them, which the 

 United States were prepared to do; that the 

 United States would consider the subject of 

 reclamations when the honor of tlie flog was 

 vindicated ; that the identity of the Virginitiu 

 was unquestioned, and that any irregularity in 

 her papers, therefore, was merely technical. 

 On November 27th Mr. Fish read n dispatch 

 from General Sickles, saying that the United 

 States could not accept this proposal, and that 

 the communication was made to Admiral 

 Polo because it was supposed General Sickles 

 had left Madrid. The proposition was virtually 

 that Spain should hold the vessel while seek- 

 ing proof to justify her capture. Admiral 

 Polo asked whether, if the vessel bo given up, 

 inquiries would be instituted by the United 

 States with a view to the punishment of any 

 who might be found to have violated the law 

 of the United States, reserving the question of 

 salute for further information. 



Mr. Fish consulted the President and ac- 

 cepted the proposal, if the vessel and the sur- 

 vivors were delivered forthwith. The salute, 

 he said, would be dispensed with if Spain, 

 before December 25th, satisfies the United 

 States that the Virginins had no right to carry 

 the flag. In that case proceedings would bo 

 begun by the United States against the vessel 

 and survivors implicated. Spain was also to 

 proceed in accordance with the second propo- 

 sition to General Sickles. 



A telegram from Madrid to Admiral Polo 

 was handed to Mr. Fish by Admiral Polo, 

 November 28th, in which it was said that ne- 

 gotiations had been renewed in Madrid, and 

 that any arrangement made would be carried 

 out in Cuba. A telegram was handed to Mr. 

 Fish by Admiral Polo, November 28t!>. 

 pressing sAti<i':irtin at the happy termination 

 of the negotiations. A protocol of conference 

 between Mr. Finn and Admiral Polo was then 

 drawn up, November 29th, carrying out the 

 agreement. 



Admiral Polo said to Mr. Fish, December 

 1st, that he had not received his in>tnicti.ms 

 for naming the time and place for surrender, 

 bat that he expected them every m..- 

 He aaked, therefore, for an extension of time. 

 Mr. Fish stated to Admiral Poln. Deoemb.-r 

 2<1, that delay appeared unavoidable and would 

 doubtless cease in a few hours ; the President 

 would then rely upon the immediate execu- 

 tion of the agreement. Mr. Fish stated to 

 Admiriil Polo, December 4th, that he wa# in- 

 formed by General Sickles that powers had 



been sent to Admiral Polo ; that he was pre- 

 pared to execute the agreement, and asked 

 Admiral Polo to name an hour on that day 

 when he would meet Mr. Fish for that pur- 

 pose. Admiral Polo stated to Mr. Fish, De- 

 cember 4th, in reply, that his powers required 

 him to act in conjunction with the superior 

 authorities of Cuba, and that he had referred 

 the subject to Madrid. An agreement was 

 signed between Mr. Fish and Admiral Polo, 

 December 8, 1878, as to the time, place, and 

 manner of the surrender of the vessel and sur- 

 vivors, and as to the mode of rendering tho 

 salute if not dispensed with. 



Admiral. Polo, December 10th, transmitted 

 to Mr. Fish the following evidence in order to 

 show that the Virginius at the time of her 

 capture was not entitled to carry the flog of 

 the United States : 



1. Bill of sale of the Solicitors of the Treasury to 

 John F. Patterson. 



8. Oath of John F. Patterson, that he was the true 

 and only owner of the said vessel, and that there 

 was no subject or citizen of any foreign prince or 

 State, directly or indirectly, by way of trust, con- 

 fidence, or otherwise, interested therein. 



8. Bond on the issue of tho certificate of registry. 



4. Crow-list. 



6. Clearance bond. 



6. Manifest of cargo. 



7. Master's ooth of clearance. 



8. Manifest 



9. The deposition of Francis E. Sheppard. 



10. The deposition of Francis Bowen. 



11. Deposition of Francis Bowen. 



12. Deposition of Charles Smith. 



13. Deposition of Edward Greenwood. 



14. Depositions of John McCann and Matthew 

 Murphv. 



15. Deposition of Thomas Gallagher. 



16. Deposition of Ambrose Rowling. 



17. Deposition of John Furlong. 



18. Deposition of Adelfo de Varona. 



Mr. Fish acknowledged the receipt of this 

 evidence on December 22d, saying that thein- 

 closure mode it appear to the satisfaction of 

 the United States that the Virginius was not 

 entitled to carry the flag at the time of her 

 capture ; that the salute would therefore bo 

 dispensed with, and, in accordance with tho 

 terms of the protocol, inquiries would be in- 

 stituted and proceedings begun against the 

 vessel and the persons appearing to bo guilty 

 of illegal acts connected therewith. 



Tho documents conclude with a large mass 

 of consular and miscellaneous correspondence, 

 including copies of the argument with Admiral 

 Polo, addressed to Secretary Robeson, and re- 

 questing that instructions might be given for 

 carrying it out ; also the opinion of Attorn. -y- 

 il Williams. Mr. Fish, December 17th, 

 transmitted the opinion of tho Attorney- 

 General to Secretary Robcson, and requested 

 that steps might be taken to inform the proper 

 ntliciT- ;it Santiago that the salute would be 

 ili'-pi'iised with. Admiral Polo expressed to 

 Mr. Fish. January 23d, on behalf of bin Covcrn- 

 ment. a disclaimer of an intent of indignity to 

 the flag of the United States. 



