Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1876-01-22
The Communication TO Great Britain
through Minister Schenck-A
ReiteratiOn of the Note
TO SpaIn-ARd Still
We DO Nothing.

WASHINGTON, January Il. - The
President to. day iLclCsed the let
ter Of Mr.. Fish and copies Of the coz
respOndeDce 10 the house OF represent a
tives, in response 10 resolution OF that
body calling for copies OF the cCrres-
pondeDce in relation to the Cuban ques.
ton. The documents are vOlumin Gus,
and comprise much that has heretofore
been published. 1t appears tha! on the
fifth OF November last the secretary of
state addressed two letters to Minister
Cushing, at Madrid, the first OF which
refers to the neglect Of SPAN to comply
with the stipulations OF the protocol Of
November, 1873, and particularly in re-
lation to the trial oE General Buriel, &C.
cCrding TO the terms Of said protocol.
IL appf avs that no steps had been taken
to that end by the Spanish govern
ment, but that it was even then dis
cussing certain abstract questions
when il should be making the in
vestigatiOn without waiting for any
communication from the United States.
TIE secretary ssys il has besn, and Is,
our desire to adjust this and every ques-
ton, and in this desire We have been
pressed almost to the limit OF endurance.
In the same spirit you have again been
instructed to reI resent TO Spain the in
iqry that her course in reference TO Gen
eral Burriel involves the two countries,
in its effects upon our relations, end,
therefore, it is earnestly hoped that this
representation may be received and Ie-
spOnded to in the same spirit. Whether
this question shall precede or follow the
treaty question or cODfiScation case, is
left 10 your discretion.
On the fifteenth Of November
a telegram was sent by Mr.. Cush-
irg to Mr. Fish, stating that
Spanish note had come in. 1t reLeats
the assurance of the trial Of BuTriel. On
the same date, November Is, 1875, the
secretary Of state also ad iTessed another
communication to Mr.. Cushing, which
is as fJllows:
DEPARTMENT OF THE STATE,
WASHINGTON, November ), 1919.
Caleb Cushing, Esq
SIR-Pursuant to intimatiOn conveyed
in my No 242, deem it necessary to re-
cur to the general question of our rela-
tons with Spain, and to consider the
progress which has been made. In dis
posing Of outstanding questions which
for some time past have seriously threat
ened the relations of the two countries
at the time 0: your departure fCr
Madrid, and apart from the general
question Of the unsatisfactory condi.
ton of affairs in Cuba, and the fallule
to suppress the revolution, several prom
inent questions remained una5justed,
come of which were deemed necessary
before any satisfactory relations with
Spain could be established or maintain
ed. Upon all of these you were in
structed. The most, prominent among
them were questions arising from en-
barge and coDfiscstion Of the estates of
American citizens in Cuba; those re-
IatinR to the rights OF American citizens
in that leland; in violation of the treaty
obligations and the claims arising out
of the capture of the Virginius,
including the trial and punishment OF
General Burriel. After the expiration
of more than eighteen months it seems
advisable ID examine what progress has
been made, and to consider our present
relations with Spain. In reference to
the arbitrary seizure and Withholding OF
e1tates and property Of citizens of the
limited Ststss in Cubs, under proceed
inos of cOnfscation or embargo, So
GATED, q separate instruction was ad-
dressed to YOU under date Of February
9Th, prior to your departure for your
most | referred therein to the general
isets surrounding these cases-to the ar
bitrsTy action of the authorities, by
which the property Of American citi-
zens had been seized, in viO' lion Of all
tresty provisiOns, in the absence OF ju-
dicisl proceediI gs, without a hearing,
and under such circumstances as TO call
f'r a vigorous protest and demand on
bahaIf of the government. The general
facts surroundiI g these cases are well
knoWn. 1t is not considered, so far as l
ar, aware, that any legal justification for
these wToags has been attempted by
the authorities Of Spain, or that these
proceedings in Cuba are defeuded or up
held. Oa the contrary, pursuant 10
decree issued by the government on the
twelfth Of July, 1873, the illegality and
iudefensible character ofthese acts were
admitted, and the embsTgoes were
ordered 10 be removed and the property
10 be restored. This decree was at fret
ressjye,, In Cuba with calm indifference,
not even published or adveried 10, and
the proce 1ings Of the authorities were
Ia "a, material respect changed thereby,
Ar me tiHie Of the visit Of Senior Solor
" p,a l6iuister Of Spain, the decree was
IN some instances recognized, and some
sjanidcant cases we're taken into con.
alteration to comply herewith. In
general. il was eiaiEed either that
incumtrances existed making q COM
nliapce theIeRith impossible, or the
delivery was offered Durdened Dy
leases or incumbP4nces and coupled
with unfair conditions or demands, or
the delivery was avoided on tie grounc
that particular properly was CON
6scsted not enlarged. In fact, the de-
Gree was treated in genersl with supreme
indifference, You weyetnformed that tne
President, while not disposed 70 qles'lon
willingness Of the authorities IN SPAN
to do Justice 70 this government ana
her citizens, be expected thAI means
would he found to compel her sgehts III
Cuba TO obey the orders OF the supreme
government. Such was the condltlOn OF
the question at the date OF your depart
Ms. and Numbers Of American cltlZens
had at this time been deprived OF ihelr
property, and were anAiouey awaiting
the perform ance OF the promises sad
assurances which had been given oy the
Spanish government. In spite OF All the
rsbArls witch you have made-inl1lH-
gent and energetic as they have been
no ffectual result has been accomplish,
ed. Immediately after yod had enteIeG
upon your duties, in your No. "A, uncer
date OF June I'd, you reported conVer-
sstion with Hr. pilOa having reference
10 this question, and IN your NO %,
June I'D, you advised the Department. oi
a note addressed 10 the minister OF State
calling attention TO the particular cases
OF Mr.. Criaco and Mrs. Fares DeAoIs
and to the general question, although
this was The oydtrs OF disembargo aEu
rad been passed d early as January lo,
1873. The then minister OF state al
Madrid had expressed surprise end re-
gret AT the continued delay in these Psi'
ficrlar csses. Mr. Ullos informed yea
under dste OF July Z, 1874 thst tine MN mn.
istTy was in want of information which
had team requested through the ministei
OF colonies. He added, however,