The Indiana State sentinel. [volume] (Indianapolis) 1868-1895, 1876-01-24
THE CASE AGAINST SPAIN.
SECRETARY F1sH's SECOND NOVEMBER l.

SECRETARY FIsH's SECOND NOVEMBER LET
TER TO CUsHING-HE Is INSTRUCTED TO
SHOW IT TO THE SPANISH GOVERNMENT.
DEPARTMENT OF STATE.
WAsHINGToN, ID. c., Nov. 5, 1870.
Caleb Cushing, Esq. ETC., etc:
SIR: Pursuant to the intimation conveyed in
my 242, deem it necessary to recur to the gen.
eral questions of relations with Spain, and to
consider the progress which has been made in
disposing Of the outstanding questions which
for some time past have seriously threatened
of your departure for Madrid, apart from
the general question of the unsatisfactory
snnnress the reyoIution several prominent
questions remained unadjusted, some OF which
were deemed necessary before any satisfactory
relations with Spain could be established or
maintained. Upon all these you were instructed.
The most prominent among them were Ques-
lions arising from the embargo and confscation
the estates of American citizens in Cuba; those
relating to the violation of the rights OF Ameri-
can citizens in that island in spite of
treaty obligations and the claims arising out OF
the capture of the yirginius, including the trial
piration of more than Is months. it seems ad-
visable to examine what progress has been
made and to consider our present relations with
withholding of the estates and property of citi-
zens of the United States In Cuba under the pro-
called a separate instruction was addressed 10
you under date OF February 9Th, prior to your
aepsrsnre Ior yoST P0s rlers Sa
and to the arbitrary action of the authorities,
by which the pr operty OF American citizens
had been seized in violation of the treaty pro-
visions and in the absence of judicial proceed
ings. without a hearing. and under such CIR
cumstances as to call for vigorous
PROTESTS AND DEMANDS
on behalf of the government. The general facts
surrounding these cases are well known. tits
not considered, so far as am aware, that any
legal Justification for the wrongs has been
attempted on the part of the authorities
Of Spain, or that these proceedings in Cuba are
defended or upheld. On the contrary, pursuant
% a decree issued by the government on the
18th of July 1873 the Illegally aud indefensible
character of the acts were admitted and the en-
bargoes were ordered to be removed and the
property to be restored. This decree was at first
even published or adverted to; and the proceed
ings Of the authorities were in no notable re-
visit visit Of Senior soior Y. Pls, minis
OF Spain, the decree was in some instances
recognized and in some insignificant cases taken
into consideration to comply Herewith. In
general 1T was claimed either that membranes
existed, making compliance herewith impos-
leases or encumbrances and coupled with un-
fair conditions or demands, or the delivery was
erty was confiscated and not enlarged. In
fact the decree was treated in general with
that the president. while not dis.
posed to question the willingness OF
the authorities in Spain TO do justice to this
means would be found to comp 4 the agents in
Cuba to obey the orders of the 81 preme govern
ment. Such was the condition OF the question
| at the date Of your departure. Numbers of
American citizens had at this time been de-
prived of their property and were anxiously
awaiting the performance of the promises and
assurances which had been given by the Span
| ish government. In spite Of ali reports which
i you have made, intelligent and energetic as
they have been, no effectual result has been ac-
complished. Immediately after you had en-
| tered upon your duties, in your No. "A, under
date of June 2, you reported a conversation with
MI. UIloa having reference TO this question: