Cushing to Hamilton Fish, July 10, 1874

No. 262. Mr. Cushing to Mr. Fish.

Sir: I inclose herewith a communication from the minister of state, in reply to my note on the subject of General Burriel.

The disavowal of General Burriel’s, publication in this communication is positive and explicit, and so, also, is the declaration that the decree issued by Captain-General Dulce was wholly repealed by that of Captain-General Caballero de Rodas.

In what remains of this communication, the minister of state, in assuming that the conduct of General Burriel is to be regarded as but an incident of the capture of the Virginius, and so discussed, affords all possible advantage to the United States.

The capture of the Virginius, having been in violation of the law of nations, could not of itself impart any authority to the commandant of Santiago de Cuba; that is clear; but, if it were otherwise, in the massacres perpetrated by General Burriel not only did he proceed in violation of the law of nations, but also, as it is now admitted, in violation of the municipal laws of Spain. Hence his criminality is the legitimate and inevitable consequence of any possible view of the circumstances.

It is the more impossible for the Spanish government to escape these conclusions at the present time, inasmuch as it is earnestly appealing to the sympathy of other governments as against alleged acts of cruelty committed or threatened by the Carlists in the existing civil war.

I propose, therefore, in conformity with instructions, to prepare and present, as soon as possible, a suitable reply to this communication of the minister of state.

I am, &c.,