The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1869-10-11
THE CUBAN PRIVATEER.
The Confscation OF the II frnet Expected
The Cuban Flag Not Recognized Among
NEUTRALITY-SUSPICIOUS. Conduct Of he
Commander Of the Hornet
pis0oedience of the Or.
deTs of the Jnnta.

WASHINGTON, Oct 10, 1860.
The general impression among governments
officials here is that the trial OF the Officers and
crew OF the nrvateer Cuba, which commences az
wilmington, n. O., tomorrow, will result In their
conviction OF breach OF the neutrality laws OF the
United States and the coaascaton of the vessel.
Nearly all tile members OF the Uao.nes regard the
case as clear against the CUBA and the con.
vlcton among them Is that her commander, who
ought TO have been aware OF the risk he ran In
putting into United States port did so on purpose
to have his vessel seized There s reason 10 believe
that there such suspicion in the minds OF the
Cubans here, especially those who have talked with
Secretary Fish but they are slow to believe II until
some tangible evidence shall have been produced to-
establish the fact. 1t is certain, however that the
commander OF the Cuba did lot carry out the original
understanding which existed between himself and
the members OF the Junta In this country.
Said one OF them today, "When we expected he
was lowering ABOUT Cuba we hear all at once that he
has been seized near Wilmington" What 1t was
that kept the Cuba In the OF the North ATTAIN
TIC when she looked for by those who had fitted
her out ana In whose interest she IN Cuban
waters Is a mystery which the Cubans here cannoo
solve. The fact that she short OF coal would NOS
seem to warrant her In running into Wilmington for
arrangements had been made to run out schoonegs
supply her with coal her way to Cuba. Some OF
the best lawyers here-those most familiar with In
ternatonai aw-say IL IL Impossible TO ind prece-
dents TO Justify the case OF the Cuba. The fact thai
the Insurgents were recognized by Mexico and Peru
does not, in the opinion OF these lawyers, constl-
tute them nation, nor does 1t compel the
United States TO regard them a. belgerents or
take any Official recognizance OF their existence
whatever The friendly oifer OF mediation made by
Cubana
amount TO a quasi recognition OF belliger ency The
proposition made TO Spain without any ofnciai
consultation with the insurgents, and II Is held That
the mere fact that the latter were aware Of the
nature OF the proposition TO be made ami assented
to it does not In any way constitute onicla CON-
munication with them. Officially the Cuban gov
eminent and Cuban nag Is unknown to our govern
ment and = ship sailing under that flag and with a
commission from that so-caed government cannot
be recognized In United States ports This being
the case 1t is alleged there be but one other
conclusion, which Is, that the Cuba, ealing under
an unrecognlzed flag and being commissioned by
government, the existence OF which Ii unknown
among the family Of nations must be regarded as =
pirate; or with the very mdest construction OF The
law AZ violator of the plainess principles OF the
law OF nations.
The Warrant for the Arrest Of tie Hornet
A SIauiaeani preeedeut--CaptaiD Edward
Eiggtps.
me following IS copy Of the warrant ior The
UNITED STATES or NORTH AMERICA
STATE or NORTH CARoLIEA.
To THE UNITED STA Is MARSHAL FOR TIE STATE
or NORM CAROLINA OR Ills LAWFUL DEPUTY:-
whereas, information upon oath has been made
by DenaTd iunllcy TO one Allan Rutherford, United
states Commissioner. that the steamer Lady Sier-
ling, alias Hornet, alias Cuba, or by whatever name
called, has been fitted cut aud armed within the
limits OF the United states, and is now engaged
IN taking in supplies IN Cape Fear river, at
or near SinitliSide, A. w. ior tle purpose
against the subjects and property or Spain, with
wnom the United states are Ut beace, anu partcu-
ary that SAID steamer. It's officers and crew,
fitted, armed ana orgGnned with intent TO commit
hoslues against tue people and the property OF the
people OF Cnoa, IN the said Island, upon me high
seas privaeer; these are therefore, TO command
you, IN The name of the President OF tae United
states, to summon such force as may oe necessary
and seze arrest and letain IN your custody tine
steamer Lady Sterling, alias Hornet, alias cuba, or
by whatever name called, so that you nave 1t and
them before answer to tue charge uf violating
section third OF the neutrality laws OF the Iniled
States, approved Aprf 40 1915, within the time lre-
scribed, at Wilmington III tie State OF North caro-
Ina Herein fail not
Given under my hand and seal, October j. 1860,
ALLAN RLTuEhFOND,
United states Commissioners or the district OF North
Carolina.
CASE N POINT.
From the Philadelphia Press, Oct. 81
While the Hornet is lying at Wilmington and the
Cabinet discussing their decision her dis
position we ask the opportunity to recall an instance
| which may arord good precedent Tor action TO.
Semmes as captain. got aloat, she found IT neces-
| sary to use the facilities OF port and went mo
Cienluegos, Cu0a where she laid for some time with
/ ner prizes coaed and procured whatever
| wanted. senmes requested oil The Governor that
his prizes should be held Tor the Confederate gov
eminent. Among them was the bark Joseph Max
| we'll Of this port, which was on her way rom
Laguayra with cargo OF coEee me officers oil the
Sumpter visited freely int own ana were quite hospt
aoly entertained, receiving the attentions OF all
classes Of peolie. All TINS Was heio,e SPAN had
1 recognized tue oelligereney OF the COnleaerate
I STATES. Is u not case IN nolntf
CAPTAIN HIGGINS.
| FROM the montgomery tAia.l Mail.
The ofger in command OF the Hornet ~ Captain
| Edward Higgins, graduate OF the upted states
| Naval Academy, participated in the war with Mex
leo az an officer IN the United States Navy resigned
| his commission shortly afterwards and commanded
! tue steamship Vanderbilt running rom New York
| TO southampton or Havre. lie continued in this
sea, ana upon the commencement or the late war
was appointed by Governor Moore captain 10 the
First regiment or Louisiana artillery Confederate
states OF Amcfca-one OF TWO regiments
OF regulars, tile other an Infantry regiment,
raised by the state upon her secession. lie
was subsequently promoted TO the lieutenant
state aud ordered TO the command OF Forts Jackson
aud ST. Phi,iip, where he was IN command during
the famous attack on them III April, 1862, by
Admiral Porter's mortar deet, ana Admiral Farra-
quits naval force. Alter the surrender OF the forts,
after being exchanged, Lieutenant Colonel Higgins
promoted brlgadler general and ordered to
Vicksbug during the serge OF which place he was
actively GA duty. At tue close OF the war he
to New York TO reside. General Higgins is fine
sailor an admirable soldier, courteous gentleman
and as brave man as ever boarded q ship or
stormed a work. lie Is native OF Norfolk, Va. and
ls connected with some OF the best people in Virgil
MIA ana Louisiana. In the command or The Cuba in
an open sea, he will be second semues 10 the
young republic OF CUBA.
ANOTHER aEP0lTeD CUBAN sxpEDTtls.
Arms and Men for the Patriof.