No. 722.
Mr. Sail to Mr. Davis.

No. 298.]

Sir: Referring to my No. 295, of 5th instant, transmitting a copy of a communication which I considered it my duty to address to the captain-general, claiming for such of our citizens as might be found on board [Page 1062] the Virginius the rights and considerations to which they are entitled by treaty stipulations, I have now to transmit his excellency’s reply, in which it is intimated that the matter is one which does not.-concern me; that the representatives of the United States in Madrid, and of Spain in Washington, will see that the stipulations of the treaty of 1795 are respected, and that the good relations existing between the two countries will facilitate the solution of any doubt which may arise in this affair.

His excellency does not seem to be aware that the peculiar relations of Cuba with the United States make it indispensable that their consular officer at Havana, in the absence of any diplomatic agent, should have the right of addressing him on other subjects than those of a purely commercial nature.

I have, &c,

HENRY C. HALL,
Vice-Consul-General.
[Inclosure.—Translation.]

It is a vessel of the Spanish marine which has captured the Virginius, and the persons who came on hoard of the same are subjected to being tried by a competent tribunal.

As soon as the capture of said vessel was brought to my knowledge I telegraphed to the supreme government of the nation, near which the United States have a worthy representative, who, being also acquainted with what has occurred with the Virginius, will see, as in like manner will the representative of Spain in Washington, that the stipulations of the treaty of 1795 are respected.

The good relations which happily exist between the United States and Spain will facilitate the solution of any doubt which may arise in this affair.

JOAQUIN JOVELLAR,

The Consul of the United States in this capital.