The New York herald., 1873-11-27

| international law with all the nations who
| have any interest in that law that such q right
does not exist in the absence of war, save in
one contingency, which does not apply in this
case. Yet if the United States should consent
to investigate the regularity of the papers of
the virginius before reparation is made, this
would involve the notion that the Spaniards
have right to go behind the ordinary docu-
ments that establish a ships character, for
these they have already seen in this case, and
it would assume as legitimate and necessary
the fact of her seizure for the sake of search
1t would, therefore, concede to them right
for the exercise of which against us We fought
England.
But, upon the failure Of the negotiations at
Madrid it was taken up in Washington, for
what could not be done by Sickles and Cas-
telar it was hoped might be done by Mr.. Fish
and Admiral Polo. But as what may be done
here cannot well reach a satisfactory conclu-
sion without ratification at Madrid, and as it
must there meet the same difficulties which
caused the failure of the other negotiation, we
cannot be sanguine Of the result, though ut
the last moment there is promising report Of
it; but our hopes of success in this quarter
would naturally be qualified by a want of faith
in Mr.. Fish's stamina, which we share with
the whole country, and which naturally sug-
gests the apprehension that this gentleman,
finding himself at the last moment called upon
to determine an issue involving war, would, in
oH g.
our demands as to sacrifice our position
If it should be reported, therefore, that Ad-
miral Polo and Mr.. Fish have overcome all
the difficulties, we shall suspect their SETTLE
ment till we learn the detail Mr.. Fish, we
know, has already agreed to waive the demand
for the punishment of Burriel and others, on
the ground that they acted under orders, and
that the government would make proper
reparation for them in snrrendering
the ship and paying indemnity; and
in this same style it would not be difficult for
q fertile fancy to supply reasons for relinquish-
ing our case altogether. We are not reas-
sured, therefore, by this point in Mr.. Fish's
progress. Mr.. Fish would also very probably
soften the great first point of the surrender of
the ship and consent to send for her and re-
ceive her in Spanish waters; but here, it is be-
lieved, the President is resolute in insisting
upon the maintenance Of the demand made,
without limitation or restriction. It is certain,
too, that the demand for the abolition of
slavery in Cuba is an almost insurmountable
obstacle, and this is a point, we trust, on
which it will be found that the President will
not yield This is General Grants require
ment as guarantee against future outrages in
Cuba; and though we would prefer guar
antee whose relation to. the subject might
be more Immediately obvious, though We
would prefer any settlement that went
to the bottom of the whole subject and
established on satisfactory basis the future
relations of the island of Cuba to this country,
we must admit that the securing this point
will be an important step taken in that direc-
ton. 1t is tolerably clear to Us that the
politicians in Madrid have made up their
minds that the worst that can happen as a
consequence of war is the loss of the island OF
Cuba, and that they have weighed that loss to
their country against the loss of the govern
ment to themselves and have determined to
venture the chance of the former; and if this
be their temper it is clear that we cannot have
peace without such limitation Of our de-
mands as would deprive their acceptance of
all value, and from such shameful close to
this negotiation we expect to be saved by
General Grant, whose ready appreciation Of
the necessities Of this case and his active SYM
pathy with the national will, as well as his
earnest energy in calling for reparation, have
given one more title to the gratitude Of the
people.