The New York herald., 1876-01-22
THE CUBAN QUESTION.
Correspondence Regarding Cuba
Submitted to Congress.
TEXT OF THE WASHINGTON NOTE.
The Wrongs of the United States Reca-
pitulated by Secretary Fish.
SPANISH EVASION And PEOCRASTINATION.
The authorities at Havana Indifferent 70 The
DEGREES from Madrid.
SPANISH EVASION And PGOCRASTyATION
BURRIEL NOT PUNISHED
Submission Of the Note to Foreign
Governments.
WASHINGTON. Jan. q. 1870.

senatives in response to resolution or that body call
ing for copies Of correspondence in relation the
Cuban question. The documents vouminous and
comprise much that has heretofore been published 1t
appears that the 5th OF November last the Secretary
of State addressed two lengthy letters to Minister
Cushing at adrid the rst of which refers the neg
lect of Spain to comply with the stpulations the
protocol Of November 1873 and particularly IN rela-
tion TO the trial Of Burrie according the terms of
said protocol 1t appears that steps had taken
to that end by the Spanish government but that II
even then discussing certain abstract questions when
1t should be makngthe investigation without waiting
for any communication from the United States.
The Secretary says it has been is our desire to
adjust this and every other question: and this desire
have been pressed almost to the limit Of endurance
In the spirit you have again been instructed TO
represent to SPAN the injury that her refer
to General Burrel involves to both countries and
its effects upon relations, and therefore it is
earnestly hoped these representations may received
and responded TO in the spirit. Whether this
question shall precede or follow the treaty question or
the conscaton is left to your discretion. On the
10th Of November telegram was sent by Mr.. Cushing
to Mr. Fish stating that the Spanish note had in
1t repeats the assurance OF the trial Of BurrieL
On the date, November s. 1875 the Secretary of
State also addressed another communication to Mr.
Gushing, which is as follows:-
MIR. FISH TO
No 266
DEPARTMENT OF STATE,
WAsniNcroS. d. C., Nov. D, 1875
CALEB CUSHING Esq, &C, &c, &c. -
SIR-Pursuant to the ntmation conveyed in my No.
24Z deem II necessary the general ques
tion of relations with SpaIn and consider the
progress which has been made in dsposng OF the out
standing questions, which, for time past have
seriously threatened the relations OF the countries
At the time OF your departure for Madrid, apart from
the general question OF the unsatisfactory condition OF
affairs Cuba and the failure cup
press the revolution, several prominent ques-
tons remained unadjusted the settlement OF which
were deemed necessary any satisfactory relations
with Spain could be established or maintained Upon
all OF these you were instructed The most prominent
among them were the questions arising from the
barge and conscation OF estates OF American citizens
in Cuba those relating to the trial of American
In that island in violation of treaty obligations and the
claims arising of the capture of the Vlrgnus
cluding the trial and punishment of General BurrieL
After the expiration OF more than eighteen months
seems advisable 10 examine what progress has boon
made and TO consider our relations with Spain.
In reference to the arbitrary seizure and Withholding
OF the estates and property oil citizens OF the United
States in Cuba under proceedings OF conhscaton
barge, so called separate instruction addressed
you under date of February prior your departure
for your post referred therein the general facts
surrounding these and to tho arbitrary action of
the authorities by which the property of American
citizens had been seized in violation OF treaty
provisions, in the absence of judicial pro-
ceedngs, without hearing and under such circum-
stances as 70 call for vigorous protest and demands on
behalf of this government The general facts sur
rounding these cases well known 1t is not pre-
for these wrongs has been attempted the of tho
authorities OF SPAIN that these proceedings in Cuba
are defended or upheld On the contrary pursuant to
the decree Issued by the government the 18th OF
July, 1873 the ilegay and ndefensibe character OF
these acts were admitted and the embargoes
deredto be removed and property TO be restored This
decree at first received IN Cuba with calm indfer-
encc not published adverted to- the proceed
ngs OF the authorities were in notable respect
changed thereby. At the time OF the visit OF Senor
Soler Pla, Minister Of Ultramar the decree was
some instances recognized and some insignificant steps
oEantn tVHir aI nraln ratutfh In
general however, 1t was claimed either that
brances existed making compliance herewith impos-
sibo, the delivery offered burdeDed by leases
encumbrances and coupled with unfair conditions
demands delivery avoided the ground that
particular properly was connscaiea, not emoargoed
In fact the decree was treated in general with
supreme indifference You were informed that the
President, while not disposed TO question
the willingness OF the authorities in Spain to do justice
this government and her citizens, expected that
would be found TO compel the agents in Cuba TO
obey the orders OF the supreme government
Such the condition OF the question at the date or
your departure Numbers of American citizens had at
this time been deprived OF their property, and were
anxlously awaiting 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, intelligent aud energetic they have been, no
enectual result has been accomplished Immediately
alter you had entered your duties in your No. "a,
Mr. Unoa, having reference to this question: and in
your No. 80 oil juno % you advise the department OF
note addressed 10 the Minister OF state calling aten
ton 70 the particular cases OF Mr Criado and Mrs
Fares dc Nora and TO the general question, although
orders OF dlsembargo had been passed and early
January lS 1873 the then Minister OF State at Madrid
had expressed surprise and regret at the continued do
lay these particular cases. Mr. Uloa informed you,
under date OF July l. 1874, that the Ministry was IN
want of information 70 these cases. and that the in
formation had been requested through the Minister of
the Colonies. He added, however that the spanish
government proposed TO adopt with all possible de-
spatch a general system with respect 10 pending EN-.
bargoes aud that that important question would be set
at rest in conformity with the rde Interpretation Of
the treaty Of 1875, and with that respect which the
Spanish government had for its obligations
These assurances were repeated to you by Mr. Ulloa
reported in your No 90 under date OF September 4
1874, and In your No. 1853, dated November 23 II
appears that similar statements were again made.
Nevertheless with all these cases long since brought to
the of the Spanish government with the
OF Mrs Fares dc Mora before the Minister Of State in
connection with that Of Mr.. Criado Mr. Ulloa took
casion reply in the OF Mr.. Criado alone,
ported IN your No. 60 to the effect that be
bond de citizen OF the United States and thus TO avoid
the decision Of the before him. So FAR this
concerned Mr. Criado was but one individual
Jointly interested with others with the decision OF
principle And because some haw was supposed 70
have been found bis right to claim the benefit OF
the general principle when decided opportunity was
taken TO decline TO make any decision on the principle
itself. IL Is ascertained, however, not only that the
claim that Mr.. Crado Is not citizen is not well
founded, but trial OF his claim before
the Mixed Commission Is progressing and
But the the part OF Spain Is understood
have declared himself satisfied 10 Mr.. Criados citi
You again argued the question the OF
Mrs Fares do Mora and Mr.. Degado. reported in
your NO 5XL subsequent 10 thi8 dnte IN several de-
spatches--viz in your No 3s7, 442 4o2 and SILL the
last being dated September s, uIt, and In several
elegraus you have reported the progress Of scheme
Of settlement which il thought about 70 bo
accomplished when a change in the Cabinet suddenly
displaced Mr. Castro. Whether, had Mr.. Castro re-
NAMED IN Office, general order or decree would have
issued Of the character referred 10 In your No.
5ll, s Of course, impossible 10 say,
and whether, Issued, ~ would havo received
a moro respectful obedience than tho prior
orders on this question, must also remain
unanswered. However, you state that the question
has been reopencd. and you inform me, with some
prospect Of an adjustment But adjustment has yet
been reached and the general question has been pend