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A Compilation of the Messages and Papers of the Presidents - Volume 5, part 3: Franklin Pierce by James D. (James Daniel) Richardson
page 26 of 440 (05%)
As no diplomatic intercourse is allowed between our consul at Havana
and the Captain-General of Cuba, ready explanations can not be made or
prompt redress afforded where injury has resulted. All complaint on the
part of our citizens under the present arrangement must be, in the first
place, presented to this Government and then referred to Spain. Spain
again refers it to her local authorities in Cuba for investigation, and
postpones an answer till she has heard from those authorities. To avoid
these irritating and vexatious delays, a proposition has been made to
provide for a direct appeal for redress to the Captain-General by our
consul in behalf of our injured fellow-citizens. Hitherto the Government
of Spain has declined to enter into any such arrangement. This course
on her part is deeply regretted, for without some arrangement of this
kind the good understanding between the two countries may be exposed to
occasional interruption. Our minister at Madrid is instructed to renew
the proposition and to press it again upon the consideration of Her
Catholic Majesty's Government.

For several years Spain has been calling the attention of this
Government to a claim for losses by some of her subjects in the case
of the schooner _Amistad_. This claim is believed to rest on the
obligations imposed by our existing treaty with that country. Its
justice was admitted in our diplomatic correspondence with the Spanish
Government as early as March, 1847, and one of my predecessors, in his
annual message of that year, recommended that provision should be made
for its payment. In January last it was again submitted to Congress by
the Executive. It has received a favorable consideration by committees
of both branches, but as yet there has been no final action upon it. I
conceive that good faith requires its prompt adjustment, and I present
it to your early and favorable consideration.

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