No. 578.
Mr. Fish to Mr. Cushing.
[Telegram.]
Washington, December 7,
1874.
Cushing, Minister, Madrid:
- First. Telegram of December 4 received imperfectly. So far as understood, the first point in Ulloa’s note seems to assert legality of capture of Virginius as to make acceptance of indemnity, under second point, an admission of the first, and to estop denial of lawfulness of capture.
- Second. If arrangement for indemnity be reached, care must be taken that it carries with it no implication admitting any point which this Government has controverted with regard to the lawfulness of the capture or of the subsequent executions. If satisfactory indemnity be offered, not coupled with any admissions, implied or expressed, on these points, it will be received.
- Third. On third point, Spain seems to claim that the investigation into conduct of authorities at Santiago must be made.
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- Fourth. The distinction between white and colored in the indemnity to England cannot be admitted as founded on color; but a discrimination resting on the relative rank and ages of the parties is proper, and this is the basis of the discrimination asked by this Government in favor of officers.
It is hoped that you may succeed in reaching a satisfactory settlement. * * * * * * *
FISH, Secretary.