Mr. O'Ryan or any other of the prisoners, permission would have been granted in the act, as was done to various persons; but, exacting officially, and in demand of a right which did not exist, it was impossible such could be granted. This is all I have to say in reply, reserving to his excellency the superior political governor the decision respecting the revocation of your exequatur, which I have asked for, much more when this is so indifferent to you, as you state; as to the contrary I should have a real feeling of regret, as, aside from the question which occasions these replies, I have ever endeavored to keep up with you, as with the rest of the consular corps, the most respectful and cordial relations. God preserve you many years. (Signed) The UNITED STATES CONSUL in this city. JUAN N. BURRIEL. [Inclosure 4 in No. 305.] Commander Brandavis to Mr. Schmitt. COMMANDANCY OF MARINE OF THE PROVINCE OF CUBA. Being informed of your communication of yesterday evening, in which you are pleased to inform me that you protest against all the proceedings with reference to the steamer Virginius and with the persons detained or imprisoned on her, I have only to state to you that, considering that you are well informed of the most lawful motives which induced the man-of-war Tornado to seize the Virginius, finding her near and in direetion to the lee-coast of this port, with a large expedition on board of men and contraband of war to aid the insurrection existing in the eastern part of the island, against the national integrity, wanting, besides, all the documents necessary for a merchantvessel, that I much regret that you should seek to make reclamation for the impunity of this offense, condemned by all nations, and also further by the laws and decrees published by the superior authorities of this island. I have only to inform you that the vessel and the persons found on board are in fact held to the action of the court of justice, and that it is impossible for me to attend to any kind of reclamation which may impede or oppose the action of these. God preserve you many years. CUBA, November 6, 1873. RAMON BRANDAVIS. The VICE-CONSUL of the United States of America in this city, &c. No. 727. Mr. Hall to Mr. Fish. [Telegram.] HAVANA, November 12, 1873. (Received Nov. 12.) Morning papers publish statements, apparently from official source, that the captain of the Virginius, thirty-six of the crew, and sixteen others, were shot on the 7th and 8th instant. Consul at Kingston reports that vessel was under United States flag, papers regular and cleared for Aspinwall. No. 728. Mr. Fish to Mr. Hall. [Telegram.] HALL. DEPARTMENT OF STATE, Washington, November 12, 1873. Ask of authorities for confirmation or denial of reported massacre and outrage upon captain and crew of Virginius. Report at earliest possi ble moment. FISH. No. 729. Mr. Fish to Mr. Hall. [Telegram.] DEPARTMENT OF STATE, Washington, November 12, 1873. You will demand of authorities the most ample rights secured by treaty or law of nations for all American citizens. on the Virginius. Instruct consul at Santiago to see that they have counsel and advocates, and that he report as to all judicial or other proceedings. FISH. No. 730. Mr. Hall to Mr. Fish. [Telegram.] HAVANA, November 15, 1873. (Received Nov. 15-11 a. m.) The executions reported 12th instant fully confirmed by British consul at Santiago and consul-general here. Sixteen of crew were British subjects, and were executed notwithstanding the intervention of the gov ernor of Jamaica and the British commodore. Papers yesterday published accounts of the execution of fifty-seven other prisoners, and that only some eighteen will escape death. Nothing official received. No. 7301. HALL. No. 2.] Mr. Hall to Mr. Davis. UNITED STATES CONSULATE GENERAL, Havana, November 15, 1873. (Received Nov. 21.) SIR: Referring to dispatch No. 305 of 14th instant, and series from this consulate relating to the case of the steamer Virginius, I now accompany a copy of a communication addressed by the commandantgeneral of the eastern department to the British vice-consul at Santiago de Cuba, in reply to his request in behalf of the British commodore at Kingston and the governor of Jamaica, to suspend the execution of the British subjects found on board that steamer. I regret that I am unable to send the Department a translation of this important document. The British consul-general at this place has communicated to his government substantially the following: Chase begun and capture effected on the high seas. Sixteen British subjects of the crew of the Virginius were shot 7th instant at Santiago de Cuba, in spite of the governor of Jamaica and the commodore's protest to the governor, through the vice-consul. Her Majesty's ship Niobe arrived there the next day. Seven British subjects remain, six of whom are under age. In consequence of the foregoing information, furnished. me by that officer, I telegraphed the Department this morning as follows: HAVANA, November 14. The executions reported 12th instant fully confirmed by British consul at Santiago de Cuba and consul-general here. Sixteen of crew were British subjects, and were executed notwithstanding the intervention of the governor of Jamaica and the British commodore. Papers yesterday publish accounts of the execution of fifty-seven other prisoners, and that only some eighteen will escape death. No official report received. In an inclosure I transmit the names of the crew of the Virginius; those marked with an asterisk (*) are the names of the British subjects executed. I have no other information to add to-day other than that I have nothing later than the 9th instant from Santiago de Cuba, and nothing to confirm the report of the execution of the fifty-seven of the prisoners said to have taken place on the 10th instant, but I have no doubt whatever of its truth. No. 5.] No. 731. Mr. Nunes to Mr. Davis. UNITED STATES CONSULATE, Kingston, Jamaica, Nov. 15, 1873. (Received Dec. 5.) SIR: I have the honor to inform you that the American steamer Virginius, which entered at this consulate on the 10th day of July last, after a stay of three months and thirteen days cleared on the 23d ultimo for Port Limon, Costa Rica. On the morning of the 5th instant I received a brief telegram from E. G. Schmitt, esq., vice-consul at Santiago de Cuba, (see inclosure No. 1,) informing me that the Virginius had been captured and taken thence, (to Santiago;) also requesting her nationality, and "if cleared under American papers." I replied by telegram, (see inclosure No. 2,) stating that the Virginius had produced American papers at this consulate, and that she had been entered and cleared as American. On the morning of the 7th, at 8 a. m., I received a note from the colonial secretary, (see inclosure No. 3,) informing me that his excellency the governor of Jamacia had telegraphed the British consul at Santiago, suggesting a strong demand for "suspension of execution, at least pending a formal trial, in the case of all who claimed to be British subjects." Her Majesty's steamer of war Niobe had been previously dispatched, on the evening of the 6th instant, for Santiago, for the purpose of protecting British subjects on board of the Virginius. At 10 a. m. on the 7th I telegraphed Mr. Schmitt, (a copy inclosed, see inclosure No. 4,) informing him that the Niobe had left, and requested him to ask the commander to protect American interests connected with the Virginius, in absence of any United States war-steamers. At 12 m. on the 7th I telegraphed Commander Cushing, of the United States steamer Wyoming, at Aspinwall, (see inclosure No. 5,) giving him such facts as I was in possession of; also informing him that Americans might require protection at Santiago. The Department will observe that I left it entirely to the discretion of Commander Cushing whether he would proceed to Cuba or not. On the 8th, more information was received in Kingston as to shooting of certain Americans in Santiago. I immediately telegraphed Commander Cushing (see inclosure No. 6) to that effect, also informing him that information was of such a character as to point to the necessity of American steamers of war being at Santiago. On the afternoon of the same day, the eighth, a telegram passed through this consulate, (see inclosure No. 7,) from Commander Cushing to vice-consul at Santiago, inquiring if the Virginius was captured on the high seas, and if the lives of the captain and American crew were threatened; also soliciting more facts. Having in my possession the information required by Commander Cushing, I telegraphed them to him, (see inclosure No. 8,) at the same time transmitting his telegram through to Santiago. On the morning of Sunday, the 9th, the consul's reply to Commander Cushing was received, (see inclosure No. 9,) but too late to be forwarded by the Aspinwall cable, and it did not go forward until 10 a. m. on Monday, the 10th. On sending the telegram to Commander Cushing, I telegraphed to Mr. Schmitt, at Santiago, informing him that his telegram to Commander Cushing had not been transmitted until 10 a. m. on that morning, and requesting further particulars for transmission, (see inclosure 10.) To that he (Mr. Schmitt) replied, (see inclosure No. 11,) informing me that he had no more particulars to transmit since his last telegram. On the same evening (the 10th) I received a telegram from Commander Cushing, (see inclosure No. 12,) instructing me that he was coaling, and would leave that evening or early next morning. On the morning of the 11th I received per French mail-steamer Desirade a communication from Mr. Schmitt, (see inclosure No. 13,) giving particulars of the matter, and suggesting that I might telegraph to St. Thomas for a United States steamer of war, which I immediately did. (See inclosure No. 14.) To that I received a reply on the same day, (the 11th,) informing me that there were none there or in the neighborhood. (See inclosure No. 15.) I answered Mr. Schmitt on the 13th by Her Majesty's steamer Woodlark, which left here for Santiago on that evening. The United States steamer Wyoming arrived here yesterday afternoon from Aspinwall for coals, on her way to Santiago. Upon her arrival I telegraphed Mr. Schmitt. She took on her supply of coals and left again for Santiago at 10.30 a. m. this morning. Capt. Joshua N. Rowe, of the American schooner Village Belle, of Savannah, Ga., had informed me that he had been boarded by the Spanish steamer of war Tornado on the 31st October, and that he had not lost sight of her during the day, and again saw her and another steamer chasing a steamer answering to the description given him of the Virginius, and that he was then forty miles from Santiago, steering for Jamaica-that was at sundown-and should the foremost vessel have been captured at 10 p. m. on the night of the same day she could not have been less than seventy miles from the coast of Cuba. I informed Commander Cushing, who thought it important that Captain Rowe should make a sworn statement, which I have taken, and inclose a copy herewith. (See inclosure No. 16.) The Department will see that I have used my best endeavors for the protection of American lives in this matter, and I trust my action herein will give satisfaction to the Department. The charges for telegrams I will include in my quarterly miscellaneous-expense account, or make a special account for them, as the Department thinks fit. Any other information that I may receive relative to the Virginius I will immediately transmit. I have the honor, &c., ROBERT NUNES. [Inclosure 1 in No. 5.] Mr. Schmitt to Mr. Nunes. Steamer Virginius captured; brought here. What is her nationality if cleared under American papers? [Inclosure 2 in No. 5.] Mr. Nunes to Mr. Young. Virginius produced American papers at this consulate; entered and cleared at consulate as American. [Inclosure 3 in No. 5.] Mr. Young to Mr. Nunes. 10 P. M. November 6, 1-73. SIR: With reference to the reported capture of the stea uship Virginins the gov ernor desires me to acquaint you that he has caused the following message to be sent to the British consul at Santiago de Cuba: "Governor of Jamaica does not believe, unless judicial condemnation has taken |