The New York herald., 1873-12-06
THE QUESTION OF THE vIRGINIUs.
Correspondence Between Comma ander
Cushing, M the United States War
Steamer Wyoming, and the Spanish
General Hurriel.

ing's letter TO the notorious General Bnrriel ana
the reply OF the latter mandarin 10 the American
officer. Botn ofncial notes show good deal OF
feeling on either side:-
CusHIN0s LETTER TO BuRRIEL.
UNITED STATES WAR STEAMER WYOMING,
SANTIAGO DE CUBA, Nov. 16, 1875 !
To His Excelency, Brigadier Commandant General
JUAN n. BuRRiEL:-
municatlon respecting the capture on the 6gh
seas OF the United States merchant steamer Vlr-
ginius and the events that have happened since
the capture. BY inspecting the books OF the United
States Consulate in Kingston ia, find that the
Virginius was despatched from that port for port
Lmon, on the Sd day Of october 1873, with sailing
papers, including register ana all the necessary
documents brought under the inspection OF the
United states Consulate which were certified by the
proper authorities. she went out in ballast, but
took out "A haversacks to carry provisions, On
the Slst OF October this vessel was pursued some
been sent 10 Havana, under the jurisdiction
OF the Admiralty Court The question OF the
lllegalty OF TINS capture on the bieh seas ana
outside OF cuban or Spanish jurisdiction Is one to
pe decided, first, by courts Of the captor; after
which, ii the decision ,s not in conformity with ac-
cepted customs ana the law OF nations, the govern
ment Of Ghe United states may reclaim the vessel.
The rules OF international law In such are as
follows tine jurisdiction OF the court OF he ma
tion making the capture is conclusive as to the
question OF property IN the thing captured. Its SEN
tence shuts out ali controversy about the validity
owners and those claiming under them,
and terminates all ordinary judicial inquiry
siblity of the captor ceases that OF the State
begins. 1t is responsible 10 the other States for
all the acts OF captOrs under Its authorization
nom the moment in which these DEGREES are con-
irmed ry definite sentence OF the tribunals that
have been designated to determine the validity OF
making protest in the name OF the nation which
/ represent, and win leave the affair to the deter
mination OF the laws which VIII surely follow and
reach IL. Reading the correspondence between
Your EXceliency and the United States Consul
with respect 10 this matter see that
classified, the virgnus as a pirate.
must respectfully insist that the virginius was
III no sense pirate. The definition OF the word
"pirate'' in standard works on International law,
and by general consent OF civilized nations from
ancient TO modern times. is q vessel committing
depredations the high seas without being author
izcd by any sovereign State, all pirates being
mon enemies OF the whole human race. Such YES
sci might be. captured on the high seas by the
armed ships OF any nation and brought TO port, To
be tried by the tribunals OF the jurisdiction.
Piracy may be tried under the law OF nations and
punished by the courts and justices Of any nation,
no matter where or how 1t has been committed;
but piracy as created by municipal statutes can
only be tried by the State. IN whose
ships it has been committed. SO far
from being pirate, according as IL IS defined by
International law, ii the Virginius committed any
offence it was simply that OF neutral vessel
carrying c0ntraband OF war-a blockade runner.
and, at most, smnggler. She was dlsarmed, and
legally provided with sailing papers which author
lied her 10 navigate the high seas with security
against ali men. If an attempt were made to enter
SO guarded by the armed ships OF the State, and the
attempt was made on blockaded port by vessel
OF neutral country to introduce arms or any
laws and customs OF nations, only subject to the
punishment OF capture IN hdnsitu and the
confsca ton OF vessel and cargo. No other
punishment is permitted by the universal
laws of nations, to which each individual State
should consent. A sovereign State violating or
evading such laws by its agents or commissioners
brings Itself not only INTO serious complications
with the nation whose flag and authority the cap
tued vessel bore on the high seas, but also, at the
same time, it is brought into hostile contact with
the customs and laws OF a civilized nation. Such,
Excellency, are the bases upon which turn the in
yestigaton, trial, conviction and execution OF the
Captain of the Virginlus and all the citizens OF the
United States OF America VINO belonged to her
crew. In the dispassionate eyes OF the world and of
It's laws, well defined and sanctioned by the customs
OF ages such Judgment and conviction are simply
assassination. l most earnestly protest in the
name Of my country, against what has been
done, not doubling that the United States will
know how and when TO protect their honor.
so.emnly protest against the keeping In prison. or
any other punishment OF any OF the living men,
born or naturalized citizens or the United States
most earnestly request Your Excellency TO cease
these executions 1 which must lead 20 very M serious
by my quickest conveyance, and very respectfully
ask OF Your Excellency to send copy OF 1t to His
Excellency the Captain General in Havana. Very
b. II. CUSHING.
THE REPLY OF BURRIEL.
POLITICAL GOVERNMENT AND J
GENERAL CoMMANDANCY OF SANTIAGO DE CUBA,
CUBA Nov. Is, 1878. }
To THE COMMANDER OF THE UNITED STATES
STEAMER WYOMING
In having the honor to acknowledge the receipt
Of your communication Of yesterday manifest TO
you that admit the protests contained in II, but
Tor nothing more than to elevate them TO the su-
periOr authority OF the island, His Excellency the
captain General and Governor which do on this
date. 1t s he who has to treat with this affair." as
/ am nothing more than subaltern authority,
who obeys his mandates. But at the same time
will say that also most energetcally protest
against the word 'assassination,i which has been
given to the act Of justice that has been done, and
that such gross insult and liberty OF
language, are improper in an official note and
III the character which you represent.
throw it back, and will have You
remember that those are assassinations which
practised by some nations against the unhappy
Modoc Indians, as all the civilized world acknow-
lodges who certainly do not attack the territorial
integrity Of any nation, as is done by the Cuban IN
surgents, as also the foreigners who aid them in
their enterprises to come to these coasts accord
ing to their own declarations signed and sealed by
themselves before the State Prosecutor and Clerk,
and, with men and material OF war; ioment war and
participate in 1t with the character OF chiefs or
leaders and soldiers: many OF them having already
been pardoned on other occasions on account or
having repented OF their conduct and having,
consequently, in addition, incurred repetition OF
the offence. God guard you many years.
JUAN N. BURRIEL.