[Inclosure in No.
878.—Translation.]
Mr. José de
Carvajal to General Sickles.
Ministry of State,
Madrid, November 26,
1873.
Sir: The undersigned, minister of state
and member of the executive power of the Spanish Republic, has
the honor to state to General Sickles, minister plenipotentiary
and envoy extraordinary of the republic of the United States of
America, that it alike befits the loyalty of the relations
happily existing between these two nations, and the importance
the question of the Virginius has acquired in official circles
and in public opinion, to declare that, although the Spanish
government has not attained, within the brief space of ten days
that has elapsed since the note of the 15th, in which was
formulated the demand for reparation preferred by the American
Government, that full certitude of the injuries inflicted which
the dignity of both governments requires in order that the
extent of the reparation be proportionate to the wrongs
committed, or even to permit of the existence of such wrongs
being made manifest, it already possesses sufficient data for
the hypothetical determination of the satisfaction it deems
just, in the cases of injuries in which representations have
been recently made by the friendly republic, and, at the same
time, to give public testimony that it has no desire to
indefinitely postpone an act which, being one of justice, and
based on a violation of the international laws that unite and
shelter all nations, is of interest also to Spain, so frequently
injured by the want of observance of that law to which she must
also turn in moments like the present in order that she may
regain her integrity of action, and to the provisions of which
she would at heart feel ill-fitted to appeal had she beforehand
infringed or evaded them.
When you were informed, both verbally and in writing, that the
government was not prepared to redress wrongs of the commission
and importance of which it was not first convinced, but that at
the same time it held the firm resolution to give satisfaction
for them, in accordance with the duties imposed upon it by
universal law or particular treaties, it was not my intention to
give indefinite range to an affair the prompt settlement of
which was important to all; neither did I even suspect that you
or your Government entertained such a doubt. The proof of our
sincerity is that to-day, having already a fuller knowledge of
the matter, and the assurance that it will be completely known
within a short time, we come of our own accord to say to the
Government of the republic of the United States that before the
25th of next December we shall have made clearly evident the
right that is on our side, or, with the same spontaneousness, we
shall have recognized its right to demand a reparation on the
following bases, with the understanding that if we can do so
sooner, the national good faith stands pledged that we shall not
retard the immediate fulfillment of our promises.
- First. If it be proved that the Virginius rightfully
carried the American flag, and that her papers were in
regular form, we shall declare her seizure illegal, salute
the American flag in the manner desired, and return the
Virginius with the surviving crew and passengers.
- Second. If it be proved that in the proceedings or
sentences pronounced against foreigners by the authorities
of Santiago de Cuba there has been an essential failure to
comply with the provisions of our legislation or of
treaties, the government will arraign those authorities
before the competent tribunals.
- Third. Any other reclamations which may be preferred in
the same matter by either of the two governments shall be
considered diplomatically, and if an agreement be not
reached, they shall be submitted for judgment to a third,
named by mutual consent.
- Fourth. If the 25th day of December expire without the
Spanish government having, for its part and in so far as may
be within its province, resolved the question raised by the
demand for reparation, it will thereupon and does now
beforehand, consider itself bound to grant reparation the
same as if it had recognized the right of the Government of
the United States to exact it, and such reparation will be
given in the form prescribed in the first and second
bases.
These purposes are in perfect harmony with those which from the
first have been exhibited in the course followed by the
executive power, and I am confident that, being frankly
expressed and cordially accepted, they will suffice to banish
all disquietude and susceptibilities, leaving the dignity of the
two republics unimpaired, and strengthening the bonds that unite
them.
I avail myself, &c,
