Caleb Cushing to Hamilton Fish, August 23, 1875

No. 278. Mr. Cushing to Mr. Fish.

Sir: I was greatly surprised to learn, by the newspapers of the 3d instant, that Brigadier Burriel had been promoted.

I immediately sought interview with the minister of State in the purpose of calling for explanations; but, in consequence of his almost continued absence at San Ildefonso, with his family, it was not until after several efforts that I secured an interview, by appointment, on Saturday, the 14th. I then expressed to him in strong terms my regret and surprise on hearing of the promotion of Burriel. He replied that the information of it had surprised him as much as myself; * * * that it had been done by the minister of war during his absence; that he would bring the subject before the council of ministers, which was, then about to assemble, and would call at my house on the morning of the next day, (Sunday,) the 15th, in order to consider the subject at length.

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At that interview I entered at length into the whole matter, recalling to his attention the terms of the protocol of November, 1873, and the subsequent assurances of the residentiation of Burriel, with appropriate comments; all of which it is unnecessary for me to repeat, as what I said was afterward put in writing, with more detail and precision, in the note of which a copy is annexed.

Mr. Castro replied, admitting the force of my suggestions, and declaring that the government of His Majesty was fully aware of, and would perform, all its engagements to the American Government in the premises; that the promotion of Burriel had for its only motive the deficiency of competent officers of his grade and the overpowering necessities of the war; and that the amplest explanations on this point would be given for the satisfaction of the United States. I told him that, in my opinion, the exceeding gravity of the subject required that it should not be left to mere verbal explanation, but should be discussed in writing, in which he concurred.

On Tuesday, the 17th instant, I called, by appointment, to inform him that I had prepared a note for presentation, but nothing of importance then occurred, he being in fact on the point of starting for San Ildefonso; in consideration of which it was agreed that we should meet again on Saturday, the 21st, afterward deterred, at his written request, to Sunday, the 22d.

Meanwhile, to prevent delays, suggestion had been made in the proper quarter to have a translation of my note made immediately. I called, by appointment, on Sunday, (yesterday, the 22d,) and found the minister of state with a translation of my note before him.

His first observation was that he thought the language of my note rather severe. I replied that the circumstances seemed to me to require of me to speak in plainness; that we had succeeded in disposing of the indemnity question by plain speaking on both sides, and might well pursue the same course on this occasion, in which he acquiesced.

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In so far as regards Burriel, I have before me your instruction (No. 185) of June 4. The discretion you there commit to me will be sparingly exercised, and rather in respect of incidental points than of the groundwork of arrangement.

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I have, &c.,