It does not fear, therefore, that in so critical a situation, when it pre sents itself as a modest but decided champion of the cause of order, liberty, and progress-which is also the cause of the civilized world— the latter will withdraw, either wholly or in part, the efficient support of its sympathies, or that it will in any way curtail the integrity or the regular form of diplomatic relations. Public opinion, which directs the governing of states, no longer tolerates the narrowness of mind or the suspicions which guided foreign policy, when that policy was elaborated in the obscurity of cabinets, for the purpose of gratifying national rivalries and ambitions which were purely dynastic.

Public opinion, which is now based upon lofty sentiments of justice, and a high regard for the best interests of society, finds an echo in all languages, and is naturalized in all countries; and that public opinion which has marked out the path of our duty, in Spain, for us so imperiously and eloquently, is not destined to divorce us from the community of aspirations which is formed, be secondary misunderstandings what they may; by the intimate and sublime harmony of modern Europe.

Your excellency, adopting these sentiments for your guide, and amplifying the foregoing considerations in your intercourse with the statesmen with whom you may be brought into contact, will interpret, with scrupulous fidelity, the views of the government, whose honest purposes do not seek mystery for their realization, but must, on the other hand, find in the widest publicity the applause of all who become acquainted with them. To sum up: the government, whose chief task it is to restore internal order, and to put an end to the disturbances which still agitate the country, does not desire to appear with pretenses of any kind before foreign powers; it thinks it evident, however, that the work best calculated to consolidate public peace in a nation so disturbed by pow erful opposing elements, to elevate the principle of authority, lying prostrate through inconceivable weaknesses, and to repress, in like manner, the excesses of anarchy, and the blind zeal of absolutism, is a work of transcendent importance, which cannot be confined within our fron tiers, and which must be appreciated beyond them at its full value and significance, as well by reason of the mutual affinity of interests and the noble sympathies which it must awaken, as by the indubitable influence of its consequences.

The ministry does not doubt that its patriotic desires will be realized, and that the high social and political interests intrusted to it will be duly protected; it does not doubt, moreover, that the Spanish nation, when the present exceptional situation, temporarily created by the gravity of the circumstances, shall have come to an end, will find most firm guarantees of moral and material order, which will permit it, in the regular enjoyment of representative institutions, to manifest, without foreign pressure and with all purity its true sentiments, and its sovereign will.

This letter, which I have the honor to address to your excellency by order of his excellency the President of the republic, and with the ap proval of the council of ministers, as also the manifest which accompanies it, you may read to the minister of foreign affairs of the government to which you are accredited, leaving a copy of both documents with him if he shall desire it.

MADRID, May 22, 1874.

A correct copy of the original:

AUGUSTO ULLOA.

JOSÉ POLO DE BERNABÉ.

[Inclosure.-Translation.]

EXECUTIVE POWER OF THE REPUBLIC.

TO THE NATION: Long and pompous programmes have been so much abused, that they are generally received with marked indifference. The grave and extraordinary circumstances through which we are now passing, however, render it absolutely incumbent upon the new government briefly to state its purposes in a public document, since it is unfortunately unable to do so before the representatives of the nation.

The persons who compose this cabinet are of one party only, but it is their firm intention to govern for the whole nation, without being influenced by any narrow party spirit. It therefore hopes for the support of liberal men of all shades, that it may be enabled properly to perform its arduous task, since the homogeneity of ideas and of actions in the high spheres of power is not opposed to the good understanding and harmony of all who are inspired by noble and lofty sentiments. Only in case this conciliatory attitude should be met by unjust aggressions, which might jeopardize the successful accomplishment of the task which the government is called to perform, would the government use all the means at its command in order to preserve public order and the high social interests of the nation intact, without regard to other considerations. The memorable 3d of January happily put an end to the demagogic excesses which neither the clamor of public opinion nor the energetic and honest efforts of the most illustrious men of a party which thus rent its flag had been able to suppress. Any one would doubtless be mistaken who should suppose that that necessary repression implies a condemnation of the revolutionary movement of 1868, subsequently so lamentably bastardized, whose generous spirit and whose regenerative aspirations are represented and maintained in all their purity by the members of this cabinet.

A sad legacy of those excesses was the civil war which now, for the third time in forty years, is desolating the richest Spanish provinces. Fortunately the recent victories of the national army have deprived of any dangerous character that senseless and preposterous attempt of the fanatical partisans of the old régime. To finish in the briefest space of time possible this cruel and devastating war, to prevent its resuscitation in future, to re-establish, in a solid manner, that peace which is so ardently longed for in the peninsula and in our provinces lying beyond the sea, and to exterminate every germ of future disturbances, is the task to which the government will assiduously devote its chief attention and its best efforts; for the cause of liberty against absolutism is not merely the aspiration of a party, it is the consecration of modern law and the defense of civilization and progress. In vain should we endeavor to conceal the lamentable condition of our exchequer, now burdened with the enormous expenses of the fratricidal struggle in which we are engaged.

In order to cure this evil the government does not offer empirical and fallacious remedies. What it does solemnly promise is to make known the true condition of the treasury, to manage the resources of the country with strict honesty, and to make no use of means which, while they may temporarily satisfy urgent necessities, subsequently produce discredit and ruin. The government is not unaware of the obstacles which it has to encounter in its march; it relies, however, in order to surmount them, upon the co-operation of the nation, which is now thirsting for repose. The ministers will consider their patriotic labors rewarded if they succeed in shortening an interim during which the working of liberal institutions is suspended, and they ardently long for the time when, moral and material order being secured, the country may be freely consulted with regard to its destinies. Madrid, May 15.

JUAN ZAVALA,

CASE OF THE STEAMER VIRGINIUS AND EXECUTION OF CITIZENS OF THE UNITED STATES CAPTURED ON HER.

I. CORRESPONDENCE WITH THE LEGATION OF THE UNITED STATES AT MADRID.

No. 584.

General Sickles to Mr. Fish.

[Telegram.]

MADRID, November 6, 1873.

Official Gazette publishes telegram from captain-general of Cuba, reporting capture of Virginius six miles from Jamaica, after a chase, by Spanish steamer Tornado. In compliance with my suggestion, instructions sent to captain-general to await orders from this government before inflicting penalties on passengers or crew.

SICKLES.

No. 585.

Mr. Fish to General Sickles.

[Telegram.]

WASHINGTON, November 7, 1873. The capture on the high seas of a vessel bearing the American flag presents a very grave question, which will need investigation, and the summary proceedings resulting in the punishment of death, with such rapid haste, will attract attention as inhuman and in violation of the civilization of the age. And if it prove that an American citizen has been wrongfully executed, this Government will require most ample reparation.

No. 586.

General Sickles to Mr Fish.

FISH.

No. 804.]

UNITED STATES LEGATION IN SPAIN, Madrid, November 7, 1873. (Received December 8.)

SIR: Yesterday the official gazette published a telegram, of which the following is a translation:

ISLAND OF CUBA -The captain-general, in a telegram of yesterday, the 5th, reports that the steamer Tornado captured the pirate Virginius six miles from the coast of Jamaica, having made Bembeta, Hernando Céspedes (son) Quesada, Jesus del Sol, and others to the number of 165, prisoners, some of them being of importance. The horses, arms, and provisions of the Virginius were thrown overboard during the chase. The captain-general attaches importance to the occurrence.

In the afternoon I called at the ministry of state for the purpose of suggesting to Mr. Carvajal that this capture afforded an opportunity to inaugurate a more generous and humane policy in the conduct of the war in Cuba; that if it should turn out that the vessel was taken on the

high seas it might be the subject of a reclamation, and that in any event it would be well to direct the captain-general of Cuba to await orders from this government before taking any further steps in the case. Learning that his excellency was indisposed, I communicated my views to his deputy and wrote a private note to the minister, inviting his attention to the subject.

In the evening I mentioned the matter to President Castelar, remarking that I had received no information or instructions from my Government touching the incident, and that while we had no desire to extend our protection to the enemies of Spain, yet if it should transpire that the Virginius was an American ship, captured on the high seas by a Spanish cruiser, in time of peace, a demand would doubtless be made for the release of the vessel and all on board. I had, therefore, deemed it proper to remind his excellency of the precipitation which often marked the proceedings of the Cuban authorities in the summary execution of prisoners, and to recommend the dispatch of immediate and explicit orders forbidding any such proceedings without the previous sanction of this government.

President Castelar received these observations with his usual kindness, and told me, confidentially, that at seven o'clock in the morning, as soon as he read the telegram from Cuba, and without reference to any international question, for that, indeed, had not occurred to him, he at once sent a message to the captain-general, admonishing him that the death-penalty must not be imposed on any non-combatant without the previous approval of the Cortes, nor upon any person taken in arms against the government without the sanction of the executive. Now that it seemed possible other questions might arise, further instructions would be sent to General Jovellar in the sense I had indicated.

I expressed my satisfaction in learning that the President had determined to stop the cruel treatment of prisoners of war in Cuba, which had so imbittered the unhappy contest in that island and so increased the difficulties in the way of any scheme of pacification.

Mr. Castelar remarked that it would be well for me to have a conversation with Mr. Carvajal on the subject, in order that the question might be brought through the regular channel before the council of ministers. I answered, that having already in an unofficial way thrown out a sufficient intimation to the minister of state, I preferred to wait instructions before taking any further step in so delicate a question.

I learn to-day that many deputies have united in an address to President Castelar, praying him to interpose his authority to prohibit the infliction of the death-penalty on any of the persons captured in the Virginius. A similar petition has been laid before the parliamentary committee sitting during the recess, and which is invested with certain extraordinary powers. This proceeding is passionately assailed by the reactionary press, which loudly demands the blood of the prisoners. I am, &c.,

No. 587.

D. E. SICKLES.

General Sickles to Mr. Fish.
[Telegram.]

MADRID, November 8, 1873. (Received November 3, 6.45 p. m.) Communicated to minister of state substance of your cable about Virginius. He said no information had been received of punishments

inflicted. He has cabled captain-general for full report of facts. In reply to my observations on the law of the case, he said this government, without waiting for reclamations on our part, would spontaneously take such action as, in view of the circumstances, public law and treaty obligations required; and that on or before Thursday next he would acquaint me of the decision of this cabinet in the premises.

SICKLES.

No. 588.

General Sickles to Mr. Fish.

[Telegram.]

MADRID, November 8, 1873. (Received November 8.) After my interview at the department, minister called to state that his colleague of colonial office had received information of the shooting of four of the passengers of the Virginius-Céspedes, Bembeta, Jesus del Sol, and another. Mr. Carvajal expressed the extreme regret of this government in receiving this report. He is confident the act took place before the receipt of the orders sent by President Castelar on the sixth. Further orders to stay proceedings have been cabled, and the minister of state said he hoped to acquaint me on Monday with the action of the council of ministers.

SICKLES.

No. 811.]

No. 589.

General Sickles to Mr. Fish.

LEGATION OF THE UNITED STATES IN SPAIN, Madrid, November 8, 1873. (Received November 28.) SIR: This morning, on receipt of your telegram, dated yesterday, in relation to the capture of the Virginius, I had a conversation with the minister of state, of which I sent you a brief report by cable.

Referring to my visit to the department day before yesterday, and to the suggestion then made in a private note, I said I regretted to have occasion to inform his excellency that the conduct of the authorities in Cuba had shown the expediency of the steps I had recommended to be taken to prevent any acts of violence toward the passengers in the Virginius. Mr. Carvajal said that he had not heard that any of the prisoners had been executed.

Informing the minister of the purport of your instruction, I said the case presented, at the outset, a grave assumption of jurisdiction on the high seas to which the United States could not assent if it should ap pear that the Virginius was a regularly-documented American ship. In that event, and assuming that the vessel was seized outside of Spanish waters, this government would be expected to release the ship, passen gers, crew, and cargo, and to signify its disapprobation of the trespass In the present aspect of the question, I was not about to make such a demand; I should now only invite the serious attention of his exce lency to the transaction, communicating the information and the views you had given me for my guidance, and I hoped that this government,