ing of the council. The subject was too grave to be disposed of in a single interview. He would name an early day for a second conference, in which he hoped to be prepared to ask General Sickles to lay before him more definitely the views of the government of the United States in this matter.

It was so evident the minister wished to confine the interview to the overtures I had already made, that I forbore proceeding further with the discussion; and expressing the hope that I would soon have the pleasure of renewing the conference, for which I should await his excellency's invitation, I left the topic, and after a brief interchange of civilities, took leave.

No. 5.]

No. 9.

General Sickles to Mr. Fish.

MADRID, August 12, 1869.

On Sunday, the day after my interview with the minister of state, I made the prescribed visit of ceremony to the president of the council of ministers, Marshal Prim, at his quarters in the war department. After the customary courtesies had been observed, and with the marshal's consent, which was frankly given, the subject of Cuba was introduced. I said I had an important communication from my government looking to a solution of the question, that I was anxious to present as soon as possible. He asked me if it was the same or substantially the same as the one Mr. Forbes had foreshadowed, to which I replied in the affirmative, when, with much animation and even warmth of manner, he protested that Spain would not entertain the suggestion of an armistice with the insurgents, nor consider the question of the independence of Cuba, while the insurgents were in arms against the government; that Spain would grant a full and complete amnesty as soon as the insurgents laid down their arms; and that being done, the whole subject would be open for consideration; that he was disposed to meet the question frankly and practically; that perhaps he was somewhat in advance of the views of his colleagues, but he had no doubt they were unanimous in the hope that the influence of the United States might be successfully exerted to relieve the question from the embarrassments which now surrounded it. He added that, in regard to emancipation, Spain would prefer to leave that matter to the Cubans themselves, saying, "That is your glory in America, the reward of your philanthrophy, and we do not wish to deprive you of it.”

I then sounded the marshal upon the proposal for a conference in Washington, in which Spain, the United States, and Cuba should be represented; but to this he at once demurred, saying Cuba could only be heard here through her deputies elected to the Cortes; that Spain might treat with the United States, not with Cuba.

I then referred to my interview with the minister of state the day before, and enlarged upon the considerations then advanced, adding that every day the conflict was prolonged increased the danger of further complications, and to enable the United States to exert their good offices with advantage to all parties, it was essential that no time be lost; that if the preliminaries could be settled here now between the United States and Spain, and the effusion of blood stopped, the passions of the conflict would be calmed, and the details would then be less difficult of adjustment than at present.

The marshal replied that Señor Silvela had informed him of our interview, and that the subject would be brought before the council that night, and he hoped it would not be long before the minister of state or himself would be prepared to intimate to me the bases upon which Spain would be willing to treat; that, meanwhile, he preferred our conversation should be regarded as unofficial and entirely confidential.

Having already trespassed upon the indulgence accorded to a visit of mere ceremony, with the marshal's permission to resume the subject at an early day, I withdrew, agreeably impressed with his candor and courtesy.

No. 10.

General Sickles to Mr. Fish.

[Telegram.]

AUGUST 13, 1869.

President of council authorizes me to state that the good offices of the United States are accepted. He suggests informally, for your information, four cardinal propositions that will be acceptable, if offered by the United States, as the basis for a convention, the details to be settled as soon as practicable:

First. The insurgents to lay down their arms.

Second. Spain to grant simultaneously a full and complete amnesty. Third. The people of Cuba to vote by universal suffrage upon the question of their independence.

Fourth. The majority having declared for independence, Spain to grant it, the Cortes consenting; Cuba paying satisfactory equivalent guaranteed by the United States.

As soon as preliminaries are settled, safe conduct through Spanish lines to be given for communication with insurgents.

Prim enjoins uttermost secrecy as to this and all other communications.

No. 6.]

No. 11.

General Sickles to Mr. Fish.

MADRID, August 14, 1869.

In consequence of Mr. Silvela's illness I did not hear from him until the evening of the 9th instant, when he invited me by note to call at the Foreign Office the next day.

He resumed the subject of our former interview by remarking that he had conferred with his colleagues in regard to the proposals I had made, and was prepared to acquaint me with the views of the cabinet. Hé then read from a manuscript the remarks which are embodied in the inclosed memorandum of the conversation. I expressed my regret that the Spanish government, by choosing to treat the subject as a purely legal question to be settled according to their own forms of procedure, had apparently closed the door to any arrangement by which the good offices of the United States could be made immediately effective.

The minister replied with great animation that such was not the meaning or intention of the government; he considered that exactly the contrary was true; that by the friendly intervention of the United States

a great step in advance had been rendered possible—a simultaneous disarmament and amnesty of the insurgents; that this already was a great progress; a minister who would have discussed such a matter a few years ago would have been dragged through the streets by the populace; that now, on the contrary, we are able to discuss it in a calm and reasonable manner.

Mr. Silvela then entered upon a very full analysis of article 108 of the Spanish constitution, showing that it had two distinct and opposite phases in its relation to the present question; that while by its terms it precluded the government from making any definitive arrangement in regard to Cuba until the Cuban representatives shall have taken their seats in the Cortes, on the other hand it authorizes the government to make any arrangement that might seem expedient after the Cuban deputies arrive, the Spanish government and chambers being then free to negotiate on the basis of a liberal constitution, complete autonomy or independence; and that although it might be said the independence of the island was not contemplated by the constitution, yet giving the article a somewhat latitudinarian construction, it was susceptible even of that interpretation.

I answered that while it would not be proper for me to discuss the constitutional question with his excellency, yet I would commend to his notice that in dealing with the events now transpiring in Cuba, it was necessary to look at them in a practical point of view; that unless some arrangement could be made at once, the conflict might soon reach proportions and involve complications that would greatly increase the difficulties of a settlement; and that notwithstanding the desire of the President to do all in his power to promote a satisfactory adjustment, the interests affected and the strong current of sympathy in the struggle felt in the United States, might cause no little embarrassment, if nothing more could be done until the Cuban deputies took their seats in the Cortes.

Mr. Silvéla expressed his entire concurrence with what I had said, but added that it was impossible, in the present temper and spirit of the Spanish people, to proceed hastily in the matter, and that above all it was out of the question for the government, whose highest duty it was to inculcate the most religious respect for the constitution, to give at this time the example of an infraction of it.

He hoped the steps he had indicated would lead, in a legal and regular way, to the object we had all so much at heart, and suggested, in view of the susceptible state of public feeling in Spain and Cuba, that both governments and their agents should observe the strictest reserve in regard to these negotiations, as premature publicity would greatly embarrass them.

It was then arranged that a brief memorandum of this interview ́should be drawn up and signed by Mr. Silvela and myself the next day, whereupon the minister intimated to me that the president of the council desired to see me, and hoped I would call on him the following morning, which I promised to do.

There is a wide interval between the president of the council and the minister of state in their views, as expressed on the subject of Cuba. The latter confines himself strictly, I presume, to the communications he is instructed by the council to make; while Marshal Prim takes ground in advance of his colleagues, counting, no doubt advisedly, upon their co-operation when necessary. Inclosed will be found * of our interview, dated August 11, but article 108 of the constitution of Spain.

*

* a copy of the memorandum signed to-day, and a copy of

*

*

*

*

A.

In the conference which took place to-day, the 10th of August, 1869, between the representative of the United States, General Sickles, and the minister of state, the latter of these gentlemen said, that having made known to the government the suggestion made by the minister plenipotentiary of the United States, General Sickles, in the conference of the 31st of July last, in regard to the desire of the President and of the people of those States that the Spanish government might succeed in promptly putting an end to the violent state of affairs that now devastates the Island of Cuba, he thinks proper to state that after the revolution of September had taken place, and conformably to the principles thereby proclaimed, Spain would already have given all constitutional liberties to Cuba if the unfortunate insurrection of Yara and the cry of "Death to Spain," uttered by some Cubans, had not alienated the sympathies of the nation, and obliged the government to accept the impolitic contest to which it was provoked; that a good proof of its desire to settle in a liberal sense the question of the Antilles is shown not only by the election of the deputies of Porto Rico, who are to take their seats in the Cortes Constituyentes at their next session, but also by the 108th article of the constitution, in which, notwithstanding the period in which it was adopted, it was provided that the concurrence of the deputies of that province is necessary to fix the future form of government of the island.

In view of these indisputable facts, and taking account of and appreciating the traditional pride of the Spanish people, the government considers that it can come to no definite decision in regard to the political situation and future government of the Island of Cuba, until the insurgents lay down their arms and cease the struggle.

This being done, the government is disposed to grant a full and generous amnesty to the insurgents, and when quiet is established, to proceed to the freest election of representatives of Cuba.

The national dignity being thus preserved intact, and it being practicable to comply with the article of the constitution, the moment will have arrived for concerting with its representatives the necessary measures in relation to the legal future of the Island of Cuba, submitting them to the indispensable approbation of the Constituent Cortes. In conclusion, if the United States, by their natural influence in America, are able to contribute to the cessation of the effusion of blood, in the pacification of the Island of Cuba, and its entrance, by the election of its deputies, into the exercise of its rights, the government of Spain cannot but be grateful for these good offices.

General Sickles replies that he will communicate to his government the views of the cabinet of Madrid. Of course he cannot anticipate the views of his government in regard to the bases mentioned by his excellency the secretary of state; and although it will be deeply regretted that a constitutional obstacle prevents the executive from dealing with the main question now and definitively, there can be no doubt that the scrupulous observance of constitutional limitations of authority will be appreciated by the government of the United States. The generous offer of a full amnesty to the insurgents, the recognition of the right of the Cubans, through their representatives, to have a concurrent voice in determining the future of the island, and the promise of a free election for deputies, afford ground for congratulation upon the good disposition manifested by the Spanish government.

:

Reserving the questions suggested by article 108 of the constitution of Spain, General Sickles, in conformity with his instructions, expresses the hope of his government that in view of the deplorable character of the conflict, and the possible complications incident to a prolongation of hostilities, the cabinet of Madrid will endeavor to reach as promptly as possible a solution of the question, a result which the government of the United States will be happy to assist in promoting.

This exchange of views, the object of the conference, being thus terminated, it was agreed to give to it the character of the strictest reserve.

Signed at Madrid on the eleventh of August, eighteen hundred and sixty-nine. MANUEL SILVELA,

D. E. SICKLES.

C.

CONSTITUTION OF THE SPANISH MONARCHY.

SECTION 10.-Of the transmarine provinces.

ARTICLE 108. The Cortes Constituyentes shall reform the present system of government in the transmarine provinces when the deputies of Cuba or Porto Rico shall have. taken their seats, in order to extend to the same, with the modifications which shall be deemed necessary, the privileges set forth in the constitution.

No. 12.

Mr. Fish to General Sickles.

[Telegram.]

WASHINGTON, August 16, 1869.

Urge acceptance on basis proposed by the United States. First proposition of Spain that insurgents lay down arms is incapable of attainment as a preliminary. The third, to ascertain the will of the Cubans by a vote is impracticable because of the disorganization of society, and the terrorism that prevails, and the violence and insubordination of the volunteers. There can be no question as to the will of the majority; it has been recognized and admitted. An armistice should immediately be agreed upon to arrest the carnage and destruction of property, and opportunity be granted to communicate with the insurgents, and emancipation of slaves be determined.

No. 8.]

No. 13.

General Sickles to Mr. Fish.

MADRID, August 16, 1869.

I have the honor to acknowledge the receipt of your instructions Nos. 1, 2, 3, 4, 5, 6, and 7, with the inclosures mentioned in them respectively, except the office copy of No. 2.

My interview with the president of the council was postponed at his instance until the 12th, when I had a long and free conversation with his excellency in relation to Cuba. My telegram of the 13th having already advised you of the result of the conference, I shall condense my report as much as possible.

General Prim said he had conferred freely with his colleagues in regard to the basis I had informally communicated to him, and they were less inclined than himself to agree to our proposal.

I remarked that the official answer of the minister of state to my overtures had acquainted me with the views of the cabinet, and I regretted to be compelled to transmit to my government a reply so little calculated to encourage the efforts the President was disposed to make toward a settlement of the controversy.

General Prim replied that some of his colleagues did not realize, as he did, the difficulty of carrying on a war in America; and that they were greatly influenced by the popular sentiment in Spain, which made no account of any sacrifice of life or money when the national honor was believed to be involved; that Mr. Silvela, being a lawyer, and a parliamentary leader, naturally inclined toward a purely legal and legislative solution, while for his part, if he were alone concerned, he would say to the Cubans, "Go if you will; make good the treasure you have cost us, and let me bring home our army and fleet, and consolidate the liberties and resources of Spain."

I suggested that public opinion in Europe had already anticipated some arrangement by which the independence of Cuba might be conceded; that the continental and English journals in discussing the subject found ample precedent for such a concession by Spain in the action of other European states; that several influential papers in Madrid fa