No. 577.
Mr. Cushing to Mr. Fish.
Fish, Secretary of State, Washington:
Mr. Ulloa argues, temperately and in direct response to my notes, to general questions: first, that of arrest on the high seas, and second, that of the true character of the ship’s company, on both points citing legal authorities, and in the latter quoting dispatches of Mr. Seward. He then proceeds substantially as follows:
I would have liked to convince you that the fundamental motive Spain has had to consider those on the Virginius as pirates is not so very absurd nor unreasonable, and that, supposing Spain erred in so regarding them, she would have been induced thereto by eminent writers and authorities.
The terrible consequences entailed on some of the unfortunates on board, and which the orders of the executive arrived in Santiago too late to avert—the lines being cut by insurgents—could not but move Spain, situated between strict fulfillment of laws in special circumstances and sentiments of pity common to all, but which latter should be stifled by duty, and in defense of high interests.
That duty fulfilled, humane sentiments may now seek not to remedy an irreparable punishment, but to alleviate and console those who, although not sharing the crime, suffer consequences of the expiation imposed by the law.
Spain having proved her sincerity by granting large pecuniary relief to families of British subjects executed at Santiago, would fail in her just duty did she not act in the same way toward the families of American citizens captured and executed.
The indications in my note of August fourteenth prove that, in settling thus with England, no discrimination was thought of against the United States. You will please express conformity, so that payment may be made through Spanish minister at Washington, in same terms as accepted by England.
Regarding Burriel, Mr. Ulloa says substantially:
* * * * * * *
and proceeds as follows—
I have answered your notes, and showed our point of view, trusting that the Government of Washington will examine our arguments in a spirit of conciliation, in order to arrive at a direct settlement. But if my hopes fail, and the United States do not regard this affair as terminated, notwithstanding my declarations, all of which are favorable to the concord and better understanding of the two countries, then Spain will be prepared to submit the integral settlement of our differences to arbitration.
Minister concludes by reminding me that many of the differences between the two countries have arisen from violations of law committed by foreigners in the United States, and expresses hopes that, in the interests of both nations, no such occasions of difference may hereafter arise. In a private note Mr. Ulloa requests me to telegraph you the material contents of his official note, which I have done, but I think it important you should see the full text before taking any definite action.
[For text of Mr. Ulloa’s note see inclosure in Mr. Cushing’s No. 177 post.]