The New York herald., 1876-01-22

out trial that island, IN VOlatlOn OF
Of the treaty OF 1895, Is substantially IN the same
position. This government, prior 10 your appoint
meD had unfortunately been compelled TO interfere Ia
behalf OF ITS citizens several occasions where the au
thortes in Cuba had entirely disregarded not only
the provisions Of our treaty, but the rules OF CIVIL
ized warfare After your arrival al your
thereto various OCCASIONS, both IN
connection with the cOnlsca0n and embargo cases ana
separately The authorities OF Spain have been loud IN
ther denunciatons OF acts OF cruelty when pcrperated
by the Carss. and while in some quarters martial law
has been looked upon as the natural refuge Of the
mother country or her colonial authorities when
deemed necessary and convenient still the same DIM
Guilty occurred in uducng any Minister OF state to
fairy meet the question and either commit himself to
justification OF such practices to frankly admit
that they were in violation Of treaty Obligations and
public law and to provide remedy II is true that in
isolated cases where the Spanish government has
been shown that ASSISTANCE on trial by court
martial implied n state OF war in Cuba
which might lead TO logical consequences, the
authorities have admitted the justice Of our positionas
IN the orders sent to the Captain General 1873 pro-
posing the trial OF the sailors Of the bark Union by the
ordinary tribunals pursuant to tho treaty Of 1888
referred to in my No z46 but, IN general when these
questions have been presented the different Ministers
OF State have contented themselves with expressing
their intentions TO fairly respond and the intention OF
Spain TO perform all her treaty obligations. Notably
among them you state IN your No. l95 that alter hav
ing addressed Mr. Uloa upon this question in Dockrays
case, he promised 10 meet the issue That promise
remains unperiormed and although the late negotia-
tons by which IL was hoped some solution OF these
questions might be reached would have applied also
this question the matter remains undlsposcd Of and
the authorities Of Cuba are enabled, upon convenient
in obedience to supposed necessity, again
resort TO such military tribunals TO punish without
trial
This simple narration Of facts as to these two ques
tons-the promises made and repeated, the
given from time to time that something should be
done, the admission of the justice of the demands Of
this country at least to the extent Of expressing
greet for these wrongs and pecunary redress followed
as they have been, by absolutely performance and
practical steps whatever toward performance need
no extended comment In the cases Of embargo and
conscaon not only have wrongs been long since DONE
but continuing ana repeated wrongs daily inflicted.
The authorities Spain in Cuba during all this time
have been and using the Of the conscated
embargoed estates, appropratng much OF the prop
erty itself, and in some cases executing
the allegation that were due or
without any excuse whatever. In of arrest and
punishment citizens OF the United States have in a
like manner. undergone punishment, because the
authorities OF Spain do not meet the issue and decide
the question.
THE CAPTURE OF THE vIRGISIus
Turning to the questions which arose from the cap
ture OF the Virginus and the executions which fol-
lowed no extended reference is required The partcu
lars Of the delivery OF the vessel to this government
and the payment to both Great Britain ana the United
States of considerable sums, compensation for the
acts Of the authorities in ordering the execution of
hity-three OF the passengers and crew. under crcum
stances OF peculiar brutality, have passed into history
SO far as payment OF money can atone for the execu-
ton OF these unprotected prisoners that has been ac
complished, the higher and more imperative duty
which tho government Of Spain assumed by
the protocol OF November 20 1S73-namely, TO bring
justice General Burrcl aud the other principal of.
tenders In this tragedy has been evaded and entirely
neglected. Having made this neglect the subject of a
separate instruction under this date, / abstain from
further reference thereto. While / have desire to
dctract from the settlement which obtained TO
depreciate the action OF Mr.. Castro the Minister of
State in the payment OF the indemnity particularly
he seemed from the first presentation OF the question
TO be impressed with the justice OF the complaint and
to regard with natural aversion the acts which gave
rise 10 it. It is but just, in considering the general
course oil the authorities IN Spain toward this country
10 refer TO the long delay in reaching an adjustment
N ha loft
mcnt was ut last reached only after every delay had
apparently been exhausted. AS you are aware,
Mr. Uloa then Minister OF State, under date
Of August is, 1874, and probably impelled by
some pressing necessity, addressed the British
Charge d'Aares at Madrid substantially agreeing
settle the claim of Great Britain the execution Of
the British subjects on board that vessel The equally
strong If not stronger, claim Of the United States
snued to be discussed in Madrid AFTER the promise Of
settlement with Great Britain had been made and in
formation of this adjustment reached this government
considerable time after its conclusion, and not
through the authorities OF Spain. Our settlement
only accomplished in the month Of March following.
In doing exact justice, IL is but proper however, TO
give Mr. Castro due credit for the payment Of the
amount finally agreed upon without further contro-
versy and before the time stipulated for payment had
expired
In advertng to these delays and failures to meet our
just demands tue part of the authorities must
express satisfaction with your patience and en-
ergy under these adverse circumstances and partcu-
larry IN beginning with each rapidly succeeding
Minister of State and representing again and again.
these different questions Progress IN these matters
nor from lack OF faithful and forcible presentation
Having touched on these particular questions, which
have lately been prominent as disturbing causes with
Spain, 1t is necessary to also refer 70 the general
CONDITION OF AFFAIRS IN CUBA
affecting relations with the mother country In
my No OF February 1874 the first instruction ad-
dressed you in general matters pertaining 10 your
mission. referred length to the views entertained
and to the position OF this government II was then
more than five years since organized insurrection
had broken out which the government of Spain
had been entirely unable TO suppress. At that
time the firm conviction Of the President
nounced that whatever might be the vcisstudes OF the
struggle, and whatever efforts might be put forth by
Spanish power in Cuba, no doubt could be entertained
that the na of the conflict would be to break
the bonds which attached Cuba colony to Spain.
While remembering and observing the duties which
this government one Of family OF nations owes to
another member by public law treaties the partic
ular statutes OF the United States, II would be idle
attempt TO conceal the interest and sympathy with
which Americans In the United States regard any at
tempt OF numerous people on this continent to be
relieved of ties which hold them in position
Of colonial subsection To distant Power and to
assume the Independence and right OF sefcontrol
which natural rights and the spirit OF the ago accord TO
them When moreover, this struggle, in progress on
very borders, from its commencement has involved
the property and interests OF citizens OF the United
States has disturbed tranquility ana commerce;
has called upon US, not unfrequenty TO witness bar
barous violations or the rules OF civilized warfare and
compelled for tho sake OF humanity, TO raise our
voice by way OF protests and when, more than all we
in the contest the final struggle In this hemisphere
between slavery and freedom It would be strange, in
deed II the government and people OF this country
JAILED at any time TO take peculiar interest in
the determination Of such a contest In this early
instruction expressed the sincere and unsel1sh
hope OF the President that tho government Of Spain
would seek honorable and satisfactory adjust
ment, based upon emancipation and self-government,
which would restore peace aud afford prospect OF
return OF prosperity to Cuba Almost two years have
passed since those instructions issued and those
strong hopes expressed and IL would appear that the
situation has In respect Improved The horrors OF
war have In no perceptibe measure abated the ncon
vcniences and injuries which we then suffered
have remained and others have been added; |;
the ravagcs Of war have touched new
parts OF the island and we'll nigh ruined its financial
aud agricultural system and its relations to the CON-
Of the world No effective steps have been
taken TO remedy abuses establish reforms, and tho
effort TO suppress the instruction by force alone has
been complete failure In the meantime the
teria interests OF trade and OF commerce are impaired
20 degree which calls for rcmonstrance, II not for
another line Of conduct on the part Of all commercial
nations
Whether IL Is from the severity and inhumanity with
whsh the effort has been made TO suppress the insur
recton, and from supposed justification Of retaliation
for violation or the rules of civilized warfare by other
violations and by acts Of barbarlsm, OF incendarism
and outrage the world witnessing the part OF tho
insurgents whom Spain still claims subects and for