Cushing to Hamilton Fish, August 31, 1874

No. 568. Mr. Cushing to Mr. Fish.

Sir: I transmit herewith copy of the original, with translation of a note from the minister of state, in rejoinder to my second communication to him in the mater of the Virginius.

You will perceive, on reading this note, that, long as it is, it absolutely abstains from contesting any of the positions of my communication, and is wholly confined to the task of assigning reasons to justify the reference of the questions involved to the council of state; for that is the consultative body to which Mr. Ulloa alludes as the one whose opinion on the question is desired by the executive.

The council of state (consejo de estado) is composed of the ministers, and of a considerable number of other persons aggregated to them, for the purpose of examining and advising in the solution of administrative questions of transcendent magnitude.

Thus, on a recent occasion, the great controversy between the minister of hacienda and the British holders of Spanish bonds was referred for solution to the council of state; and such reference is common in other questions of similar importance.

* * * * * * *

I understand that, at or about the time of the date of Mr. Ulloa’s note to me, he made verbal explanations, in the same sense, to representations which the British chargé d’affaires here had been instructed to present, in complaint of the delay of the Spanish government to satisfy the reclamations of the British government in behalf of the families of British subjects of the crew of the Virginius. I assumed in my note to Mr. Ulloa of July 21 that your communication to Admiral Polo de Bernabé of April 18 was to be regarded as a definite and final rejection of all reclamations made by the Spanish government against the United States on account of the Virginius; and I shall so continue to assume, unless otherwise advised by you.

* * * * * * *

Is it desirable that, in conversation with Mr. Ulloa, I should explicitly call his attention to this point in the present stage of the discussion, or shall I wait, in that respect, until the opposite reclamation of the United States shall have been favorably answered by the Spanish government, or answered unfavorably, so as to raise the question of arbitration as the ultimate means of redress for the United States?

* * * * * * *

I have, &c.,