The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1876-01-22
Official Correspondence on Our
Relations with Spain. Growing
Out of the Cuban InSurrectiOn.

TO the resolution OF that body calling 1or
copies Of the correspondence in relation
to the Cuban question. The documents
are voluminous and comprise much that
has heretofore been published. 1t ap,
pears that on the 9th Of Noyember last
the Secretary Of State addressed two
lengthy letters to Minister Cushing at
Madrid, the first Of which refers to the
neglect OF Spain 10 comply with the stip.
'ulations OF thc'protocol Of November, 1878
and particularly in relation to the trial
OF Burriel, according to the terms Of
the said protocol. 1t appearJ that
no steps had been taken to that
end by the Spanish Government, but
that il was even then discussing certain
abstract questions, when il should be
making investigation without waiting for
any communication from the United
States. The Secretary says 1t has been
and is our desire to adjust this and every
other question, and in this desire we have
been pressed almost to the limit ofendur.
ance. In the same spirit you have again
been instructed TO represent to Spain the
injury that her course in reference to
General Burriel involves TO both coun-
tries, and its effect upon our
relations, and therefore it is earn.
cstly hoped that the representation may
be received and responded to in the same
spirit. Whether this question shall pre-.
cede or follow the treaty question or the
confsCation case is left to your discre-
tion. On the 10th OF November tele-
gram was sent by Mr.. Gushing TO Mr..
Fish stating that the Spanish note had
come in and it repeats the assurance OF
the trial Of Burricl. On the same date,
November 8, 1875, the Secretary Of State
also addressed another communication TO
Mr.. Cushing, which is us follows:
DEPARTMENT OF STATE, |
WASHINGTON, D. c., Nov. 8, 1875. !
Caleb Gushing, Esq:
Pursuant TO IN intimation conveyed in
my No. 242, deem it necessary to recur
to the general question OF our 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 the
relations OF the two countries. At the
time OF your departure for Madrid, apart
from the general question o. the unsatis-
factory condition OF affairs in Cuba
caused by the failure to suppress the re-
volution, several prominent questions
remained unadjusted, the settlement OF
which was 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 the ques-
tions arising from the embargo and the
confiscation OF the estates OF American
citizens in Cuba, those relating to the
trial OF Americans on that island in vic.
lation OF treaty obligations, and the
claims arising out Of the capture Of the
Virginius, including the trial and pun
ishment Of General Burriel. After the
expiration Of more than eighteen months
II seems advisable to examine what pro-
gress has been made and to consider the
present relations with Spain.
In reference TO the arbitrary seizure
and withholding OF the estates and prop
erty OF citizens OF the United States in
Cuba under proceedings Of contiscation
or embargo, so.called, a separate instruc-
ton was addressed to you under date Of
February 9Th, prior to your departure
for your post. / referred therein to the
general facts surrounding these cases-to
the arbitrary action Of the authorities,
by which the property OF American citi-
zens had been seized in violation Of the
treaty provisions, in the absence Of judi
cial proceedings, without hearing, and
under such circumstances as to call for
vigorous protests and demands on behalf
OF the Government. The general facts
surrounding these cases arc well known.
It is not pretended, so far as l am aware,
that any legal justification for these
wrongs has been attempted on the part
OF the authorities Of Spain, or that these
proceedings in Cuba are defended or up
held. On the contrary, pursuant to n
decree issued by the Government on July
12, 1873, the iilegality and indeiensible
character OF these acts were admitted and
the embargoes were ordered to be re-
moved and property to be restored. This
decree was ut first received in Cuba with
calm Indifference, not even published or
adverted to, and the proceedings Of the
authorities were in no notable respect
changed thereby. AT the time Of the
visit Of Senior Solar Y. Pla, Minister OF
Ultramar, the decree was in some in
stances recognized and some significant
steps taken in individual cases 10 comply
Herewith. In general, however, II was
claimed either that membranes existed
making n compliance Herewith impos-
sible, or the delivery was often burdened
by leases or membranes and coupled
with unfair conditions or demands, or
delivery was avoided on the ground that
particular property was contiscated,
not embargoed. In fact, the decree
was treated in general with su-
prcme Indifference. You were, INFORM
ed that the President, while not disposed
to question the willingness Of the auth
critics in Spain to do Justice to this Gov
ernment, and her citizens expected that
the means would be found TO compel the
agents in Cuba to obey the orders Of the
supreme government; such was the cendi-
tion OF the evidence at the time Of your
departure. Numbers of American citi-
zens had at this time been deprived Of
their property, and were anxiously await.
ing the performance of the promises and
assurances which had been given by the
Spanish Government. In spite Of all
the efforts which you have made, intelli-
gent and energetic as they have been, no
etIectual result has been accomplished.
Immediately after you had entered upon
your duties, in your No. "a, under the
date ofJune Ind, you reported a conver-
sation with Mr.. glloa having reference
to this question, and in your No. 80, June
22nd, you advised the department, by a
note addressed to the Minister Of State,
calling attention to the particular cases Of
Mr., Criado and Mrs. Fares de Mora, and to
the general question. Although the
orders OF the disembargo had been passed
as early as January 18th, 1878, the
then Minister OF State at Mad
rid had expressed his surprise and
regret at the continued delay in these
particular cases. Mr.. Ulloa informed
YOU, under date OF July Z, 1874, that the
ministry was IN want Of information as to
these particular cases, and that iniorma-
ton had been requested through the
minister Of colonies. He added, how
ever, that the Spanish government pro.
,,osoj n odont With NIL nnssihln dian0tch