Fernando Calderon Y Collantes to The Señor, April 11, 1876

Excellency: The grave question to which the capture of the Virginius in the waters of the island of Cuba gave rise terminated with a protocol, signed in Washington on the 29th day of November, 1873, between Rear-Admiral Don José Polo de Bernabé, as the representative and envoy extraordinary and minister plenipotentiary of Spain near that Government, and Hamilton Fish, as the Secretary of State. One of the clauses of that protocol is literally as follows:

“It being understood that Spain will proceed, according to the second proposition made to General Sickles, and communicated in his telegram read to Admiral Polo on the 27th instant, to investigate the conduct of those of her authorities who have infringed Spanish laws or treaty-obligations, and will arraign them before competent courts and inflict punishment on those who may have offended.”

Subsequently, in the note addressed on the 3d day of December, 1874, by our minister of state to the minister plenipotentiary of the United States at this court, a statement was made, which is also literally as follows:

“The government desires and is disposed to comply in every point with all the stipulations contained in the protocol of the 29th of November, 1873, (which is the one I have just cited;) and considering the contents of the second proposition made by (sic) your excellency’s predecessor in your legation as one of the elements of the complete and final settlement of the question which occupies us, it will proceed to give the proper orders to the end that, by the competent tribunal, shall be instituted an inquiry with respect to the conduct of the authorities of Santiago de Cuba who intervened in the conduct of the trial and sentence of the American citizens who were executed in that city, exacting of them the responsibility which they may have incurred for infractions of law or of international treaties.”

The present is not the fitting occasion for examining the protocol referred to; it suffices to know that it constitutes an obligation on the part of the Spanish government, ratified, although it was not necessary to do so in order to comprehend that it must be religiously fulfilled with promptitude and in good faith, although, for causes foreign, doubtless, to the will of the government of His Majesty, it has not yet come to be executed after the long period of time which has elapsed. This is demanded by the consideration and respect which we owe to all friendly nations and governments, and by the honor of Spain, involved in the loyal fulfillment of her pledges.

With this object, there was requested, through the worthy predecessor of your excellency, a report (informe) from the supreme council of war, and the latter, in its turn, called for it from the fiscal tribunal of the same branch of service in the island of Cuba; which report has not yet been rendered.

This delay cannot justify the backwardness of the fulfillment of the compact made with the government of the United States; and therefore, by order of His Majesty the King, (whom may God guard!) I have the honor to address myself to your excellency, in order that you be pleased to dictate the opportune orders to the end that there be immediately initiated in this capital the proceedings in conformity with the above-inserted clause of the protocol of Washington.

This being done, the fiscal of the tribunal, or else the person who may be named according to the prescriptions of our military law, can call for the data and documents of reports which he may judge necessary in order to insure the justice of the finding which may result; and even if it should appear that it is another tribunal which ought to have cognizance in the matter, there can and should be remitted to the latter, according to the legal prescriptions and incontrovertible jurisprudence in this respect, the papers and proof which may have been obtained.

The gravity and urgency of this matter lead me to hope, in view of the enlightenment and rectitude of your excellency, that you will not delay the adoption of the measures I have just indicated, communicating the same to me, in order that I may make them known to the minister plenipotentiary of the United States at this court.

God grant your excellency many years.