Respecting the proposed examination of witnesses in New York. Asking whether the United States will await the result of investigation by Spain; whether the President will submit question to Congress; and for a statement of points of offense in view of treaty stipulations and international law. Reasons why it is impracticable to wait; reasons why President must submit facts to Congress. General statement of the points of offense. The news contradictory as to right of Virginius to carry United States flag; it may apper that she is the subject of reclamations against United States; Spain suspends her reclamations, and asks United States to do the same, till facts are known; no satisfaction possible till right to demand it established. Admiral Polo reads No. 702; Mr. Fish replies that United States, in the interest of all maritime powers, (including Spain,) deny right of capture of documented vessels on high seas in time of peace; the right to inquire into validity of papers is in the power issuing them, which the United States are prepared to do; the United States will consider the subject of reclamations when the honor of the flag is atoned for; the identity of the Virginius unquestioned; any irregularity in papers, therefore, merely tech. nical. Mr. Fish reads dispatch from General Sickles; (See No. 651 supra ;) says the United States cannot accept this proposal; this communication is made to Admiral Polo because it is supposed General Sickles has left Madrid; the proposition is virtually that Spain should hold the ves sel while seeking proof to justify her capture. Admiral Polo asks whether, if the vessel be given up, inquiries would be instituted by the United States, with a view to punishment of any who might be found to have violated the laws of United States, reserving question of salute for further information; Mr. Fish consults the President and accepts proposal; if vessel and survivors are delivered forthwith, the salute will be dispensed with, if Spain, before December 25, satisfies the United States that the Virginius had no right to carry the flag; in that case proceedings will be commenced by United States against vessel and persons implicated; but Spain is also to proceed in accordance with the second proposition to General Sickles. Negotiations renewed in Madrid; any arrangements made will be carried out in Cuba. 983 983 984 9×4 985 986 987 Nov. 2 Nov. 29 Carrying out the agreement stated in No. 704...... 987 Admiral Polo to Mr. Fish ... Dec. 1 Mr. Fish to Admiral Polo... Dec. 2 Delay appears unavoidable, and will doubtless cease in a few hours; the President will then rely upon immediate execution of agreement. Is informed by General Sickles that powers have been sent to Admiral Polo; is prepared to execute the agreement, and asks him to name an hour to-day when he will meet Mr. Fish for that purpose. Dec. 4 712 Agreement between Mr. Fish Dec. 8 and Admiral Polo. In reply to the last; his powers require him to act in conjunction with superior authorities of Cuba; has referred the subject to Madrid, As to time, place, and manner of surrender of | vessel and survivors, and as to mode of render. ing salute, if not dispensed with. 989 989 989 990 713 Admiral Polo to Mr. Fish... Dec. 10 714 Transmitting evidence in order to show that the Virginius, at the time of her capture, was not entitled to carry the flag of the United States: 1. Bill of sale of the Solicitor of the Treasury to John F. Patterson. 2. Oath of John F. Patterson that he is the true and only owner of the said vessel, and that there is no subject or citizen of any foreign prince or state, directly or indirectly, by way of trust, confidence, or otherwise, interested therein. 3. Bond on the issue of the certificate of registry. 4. Crew-list. 5. Clearance-bond. 6. Manifest of cargo. 7. Master's oath on clearance. 8. Manifest. 9. Deposition of Francis E. Shepperd. 10. Deposition of Francis Bowen. 11. Deposition of Francis Bowen. 12. Deposition of Charles Smith. 13. Deposition of Edward Greenwood. 14. Depositions of John McCaren and Matthew Murphey. 15. Deposition of Thomas Gallagher. 16. Deposition of Ambrose Rawling. 17. Deposition of John Furlong. 18. Deposition of Adolfo de Varona. Mr. Fish to Admiral Polo... Dec. 22 Acknowledging the receipt of 129; the inclos ures make it appear to the satisfaction of the United States that Virginius was not entitled to carry flag at time of capture; salute will, therefore, be dispensed with, and, in accordance with terms of protocol, inquiries will be instituted and proceedings commenced against vessel and persons appearing to be guilty of illegal acts connected therewith. Expresses on behalf of his government a disclaimer of an intent of indignity to the flag of the United States. III.-CONSULAR CORRESPONDENCE. 99 103 103 Action of authorities at Santiago in placing a 1078 1079 Mr. Schmitt to Mr. Fish.... Nov. 23 Inclosing Captain Fry's letter to the consul, and sworn declaration. 1079 7 Mr. Bliss to Mr. Fish. Nov. 24 Dec. 2 Dec. 11 " Mr: Fish to Mr. Williams. ......do 1872. 1098 1100 1101 1101 1107 1107 1107 1108 Will attend the examination Returning Mr. Cushing's letter with thanks; hopes it will not be considered as committing the Government on many points advanced therein. 8 Inclosing copies of the agreement of this date with Admiral Polo, and requesting that instructions may be given for carrying it out. Inclosing the evidence submitted by Admiral Polo to establish that the Virginius had no right to carry the flag of the United States, and saying that the President desires his opinion on the force of this evidence. Inclosing the evidence of Anselmo Villareal and Garrasio Parru bearing on the same question. Reviewing the evidence, and deciding that the Virginius at the time of her capture was without right and improperly carrying the American flag. Transmits opinion of the Attorney-General, and 1115 requests that steps may be taken to notify the proper officers at Santiago that the salute will be dispensed with. Dec. 12 Mr. Williams to Mr. Fish.... Dec. 17 Mr. Fish to Mr. Robeson.... Dec. 17 Mr. Fish to Mr. Williams... Dec. 22 Requests that steps may be taken to carry out the 1109 1113 1116 In reply to the last; the district attorney in New 1117 SWEDEN AND NORWAY. 1874. Mr. Stenersen to Mr. Fish... Mar. 25 Renewing request that the line of steamers be Mr. Fish to Mr. Stenersen... Apr. 10 "Mr. Stenersen to Mr. Fish... June 22 Mr. Fish to Mr. Stenersen... Aug. 20 Mr. Cadwalader to Mr. Sten- Oct. 13 ersen. tween Norway and the United States be ex- The Secretary of the Treasury is prepared to ad- 1117 1118 1119 1119 1120 759 Mr. Baker to Mr. Fish...... July 17 July 22 July 29 Aug. 13 Inclosing copy of the report of the commission appointed for the purpose of interpreting the words tonneau de capacité in the firman issued to the Suez Canal Company. Interdiction of the exportation of beasts of burden from the ports of Beirut, Mersina, and Alexandretta for four years. Interpretation of Article 17 in the charter of the Suez Canal Company; contemplated international-tonnage commission. Second circular-letter from the Porte respecting the tolls charged by the Suez Canal Company; the international-tonnage commission to meet at Constantinople September 15; asks instruc- tions as to delegates from the United States. Aug. 14 Proposed form of adhesion to the project of Egyptian judicial reform intended to be signed by the representatives of foreign powers. Slave-traffic from Africa to the Levant by the way Same subject; disappointment at the possibility 11 11 11 11 11 11 11 113 113 113 113 114 Oct. 3 Mr. Goodenow to Mr. Fish .. Mar. 18 New Ottoman stamp-tax law; relations of the Ottoman government with other powers. Hussein Avni Pasha appointed grand vizier; his installation. 1874. Jan. Jan. 29 3 Résumé of the proceedings of the internationaltonnage commission. Feb. 17 114 114 113 |