The Portland daily press., 1875-03-16
THE VIRGINIUS INDEMNITY.
Summary of the CorrespOu dence Between
the United States and spain.

WASHlNGTON, nl1ICu -IhO osoiOeoiJ VI
State to-day communicated to the Senate, IN
accordance with resolution of that body, the
CORES pondence between the United States and
the Spanish government ia relation to claims OF
indemnity from Spain for the execution at San
tiago de Cuba Of Americans who were on board
the VirgniuS The Secretary reports that the
claim has been disposed of by an agreement
entered into by Minister Cushing and the Span
ish Minister for Foreign Affairs.
The correspondence dates as far back as Nov.
Goth, 1873, giving the origin of the VirginIus
difficulty, and includes the Fish Polo protocol;
also the report of the naval court of inquiry,
convened by Secretary Robson January Sd,
1874.
The British government. in making it's de-
mand for indemnity for British subjects take n
sum at $500 for each white man, and $500 for
each colored man, the sum total amounting to
E770O, there being ten white men and nine
negroes killed. After much negotiation Spain
agreed to pay $780, $1,000 less than had been
demanded, with the stipulation that if any
families or heirs of the persons slain did not
make claim to the money, the amount that
they would be entitled to should be returned to
the Spanish government. The proposition Was
accepted by Great Britain.
Minister Cushing, on Nov: 26lh, informed
the Secretary of State that the Spanish gov
eminent would do the same for the United
States as it would for Great Britain. Secretary
Fish informed Minister Cushing that the
United States would not take less. ETshS in
structions to Gushing are as follows, and are
dated Nov. 2Sth, 1874: ''In settlement of all
the crew not claimed by Great Britain, and for
whom she did not receive Indemnity, and who
must be treated as American seamen, no less
sum can be received for any than that paid
England Tor white persons, namely, not less
than $780, The captain, mate. engineer, pur-
sure and doctors should be allowed more.
Three of the passengers slain are understood
to have been American citizens and must be
allowed for the same as oshers. You Will ask
indemnity for tho detention and imprisoniDg,
and for losses sustained by those OF the crew
and passengers who are American citizens and
who were not executed. We understand the
number to be Is of the crew, including two en- u.
giDeers and one assistant, and four passengers,
10 in all"
Secretary Fish, on Dec. 3Oth. writes to Cush-
ing, expressing regret that Minister Ulloa
should nave deamelit necessary, even if in
Difference to public feeling in Spain, to refer to
the execution at Santiago as 'the strict full fill
ment of the laws in special circumstances or
as called for by ''the imperious voice of duty
or take from the moral effect of the indemnity
proposed by characterizng tic reparation as
"actuated by sentiments Of pity consequent
ON duty fulfilled and as caused by desire to
alleviate the misfortunes of those who suffer
through punishment imposed on others by the
law"
II could" said Mr. Fish, shave hoped that a
review of all the facts attending the executions
and consideration at this late day, OF those
barbarous and civil acts, happily without
parallel, would have deferred the accomplished
minister of state from the use of any express
sions and from allowing himself to be commit
ted to any views tending to justify those exc
cutions. While such expressions accompany
ing an offer of settlement may not prevent ac-
ceptance of the offer, this government would
fail in its duty did it not signify its dissent
from expressions tending to justify or apollo
gize for such acts, and this may be done as sug::
gested by you ard approved in my telegram of
Dec. II, by counter protest OF JOINT me moran
dunn precluding any influences adverse to the
position of this government in regard to the
acts implanted of without considering what
supposed necessity may demand such an appar-
ent justification. | cannot but believe that had
Spain joined the civilized world in a denuncia-
ton of these executions, and had she long
since visited prompt and effective punishment
on the guilty parties, that the moral support
she would have gained thereby wonld have
largely exceeded any corresponding detriment.
The draft of the convention since entered
into is as follows:
In consideration of re asons set forth and re-
CARNATIONS made reciprocally in various confer
enceS to that effect between his excellency, Don
Alexandra Costro, Minister of State, and his
excellencv, Mr.. Caleb Gushing, representative
of the United States, as also of the notes which
have passed between them, and desiring at the
same time to put an end by means of an equit
able and friendly record to the reclamatons
presented by The United States government in
consequence Of what occurred at Santiago de
Cuba IN regard to the persons of the officers,
crew and passengers of the steamer Vrginius,
it being understood that from these recama-
tions are to be excluded in so far as respects
the ships company all individuals Unidentified
as British subjects, and with respect to the pas
sengers including only certain American citi-
Zens, they have agreed.
First-The Spanish government engages to
deliver to that of the United States the sum OF
$4,000 in coin, or 400, 900 pesetas, for the pur
pose of the relief of the families or persons of
the ships company and passengers aboard of
the steamer Virginius.
Second-The government of the United
States engages to accept the sum mentioned in
satisfaction of reclamations of any sort which
in the sense of pecuDiary decentralization In this
behalf might otherwise be advanced against
the Spanish government
Thrd-When the sum referred to in article
shall have been received, the President of the
United States will proceed to distribute the
same among the families or persons interested,
in the form and manner which he may judge
most equitable without being obliged to give
an account of the distribution to the Spanish
government.
Fourth-The payment of the $4,000 or four
hundred thousand pesetas shall be effected by
the Spanish government at Madrid in specie,
in three periods of two months cach-$30, 900,
or 150, 600 pesetas for each of the first two in
StaieHts, anu @Ao,oUu, VI 1uV,UuO peSelaS III Iiie
last.
FIfth-The present agreement will be ratified
by both the undersigned as soon as his excel
lency, the representative of the United States,
shall have presented his credentlal letters which
accredlt him as minister penipotentiary near
his majesty, the King of Sp ln.
Secretary Fish telegraphed Minister Cush
ing March 3, 1875: "YOu are authorized to pre-
sent your credentials if Immediately thereafter
a final agreement will be signed"
Minister Gushing telegraphed Secretary Fish
March 9TH "Otficial agreement has been sign |
ed substantially as telegraPhed on the I'd; Gre
deptials are to be presented on the 10TH"
Minister Cushing again telegraphed Match
18th: Credentials were presented ON the 10TH
rat ificatlon signed on the 11th and sent the