United States Legation in Spain,
Madrid
,
November 12, 1873. (Received December
8.)
No. 815.]
[Inclosure.]
General Sickles to Mr. José de
Carvajal.
Legation of the United States of
America,
Madrid
,
November 11,
1873.
The undersigned presents his compliments to his excellency the
minister of state, and has the honor to request that orders be
sent to the authorities at Santiago de Cuba to allow the consul
of the United States at that place to see and freely confer with
any American citizens among the officers, passengers, and crew
of the Virginius who may be now in custody, and that they may
have accorded to them the rights and privileges stipulated and
guaranteed by the seventh article of the treaty of 1795.
The undersigned finds an additional motive for this suggestion in
the fact that in March last, in the case of three American
sailors of the bark Union, the governor of Santiago de Cuba
refused the same reasonable request when made by the United
States consul, and alleged, as the ground of such refusal, that
war existed in the island, and no rules could be recognized
except such as prevailed in an ordinary Spanish court-martial.
The undersigned, in obedience to the instructions of his
Government, remonstrated against such action, and was assured by
Mr. Casteiar, then minister of state, that the conduct of the
governor was disapproved; that, moreover, Spain did not regard
the insurrection in Cuba as a war, and would not claim for
herself, or desire to see accorded to either party in the
contest, the rights of belligerents; and that, in conformity
with these views, the government of the republic would send
instructions to the captain-general of Cuba for the guidance of
himself and the subordinate authorities of the island.
The undersigned avails himself, &c,