New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1873-12-30
STATUS OF THE VIRGINIUS.

DISAGREEMENT BETWEEN CALEB CUSHING AND
ATTORNEY GENERAL WILLIAMS - CRITICISM OF
Tis ATTORNEY GENERALS OPINION AND OF TIE
COURSE OF SECRETARY FISH
IBY TELEGRAPH TO THE TRIBUsE.l
WASHINGTON Dec 29-Mr. Caleb Gushing
nounoed to-day his intention to depart fer Spain as
soon az the Senate confirms his nomination which,
Judging from public, sentiment in Washington, If
Ekey to he on the tit second day after Congress
rcassembIes. Mr. Cushing is known TO disagree with
Attorney General Williams IN regard TO some of the
most vital points of his late decision in the Virginius
ease and he does not hesitate SINCE informed
Of his appointment, TO critoise in private con-
versation the position taken in that decision
~ utterly untenable. Thus has caused much speen-
latiou in official circles to-day, TO the ulti
mate result Of his mission. and no little surprise has
been expressed that the President did not ascertain
his views on the question before appointing him. or
knowing them, should choose a man not in accord
with the Administration on this point.
Mr. Gushing is not alone in the belief that, what
ever hs opinion may have been. the AttOrney-Gen-
eral made grave mistake in attempting TO decide
questions growing out of the capture of the Vrgnius
which were not submitted TO him by the Secretary
of State and which could not under any magma
ole condition of affairs come before him for decision
Many of the ablest lawyers IN Washington also
cfi,icise MI Fish for what they call the bungling
manner in which he managed the last step in
the settlement of the Virginus trouble. They
say that he ought not TO have asked
the Attorney General whether not the Virginlus,
st the time of her capture 10y the Spanish man-of-
war Tornado, was entitled to carry the flag of the
United States and whether OF not she carrying
II improperly and without right al that time. These
were questions that the Attorney General cannot
decide They must he left to the courts. Mr.. Fish
ought simply to have asked whether, the evil
aenoe contained III the documents submitted there
was sufficient primd dct ground for the beginning of
a suit for the forfeiture Of the vessel; and the
Attorney General should have answered Eyes
or"No."
But Secretary Fishs llunder was aggravated, these
gontlemen say by the AttOrDey-General who not
only assumed 10 decide tie questions submitted to
him. but stepped entirely beyond bis jurisdiction,
which is to give ms advice and opinion on ques-
tons of law" The question whether the American
flag; fraudulently carried. protects vessel from
piciesta ton question to ie setted between the
United States and other nations. 1t rs question
ahoIt which our Government and that of Spain may
disagree and il was inexcusabe the part of the
Secretary of State and the Attorney TO raise
II by Publishing 10 the world decision which they
might have known would he dlstasteful to SPAN.
and on question thar might never arse III the
uneston did arise Spain the party to put 1t for
ward. The lawyers and officials referred 20 are
unanimous il the opinion that the position they
bold-that the American flag fraudulently earned
does not protect ship-does not obhge the united
States Is return the TIginus 70 Spain. That nation
has renouuced al clam 10 the vessel by her uncon-
ditional Surrender. The vessel anc her passengers
and crew must uow be dealt with by United States
courts Mr.. Cushine's freedom OF speech on this
question Just at TINS time has caused much surprise
Wy
WHAT Is THOUGHT IN WASHINGTON OF THE RE
PORTED DEMANDS oF SPAIN.
foEsERAL PRES DrsPATCHl
WAsfINGToN, Dec. 2-It mas been ascertalned
from al official source that on the aIilva OF the
yireinlus al Newly she Will he seized by the
Collector OF the Port, and hbeed by the District
Attorney an accordance with instructions already
forwarded TO those officers.
III on judicial Investigation II be shown iDe vessel
had a register obtained 10y fraud she Will he sold,
aud the proceeds OF the .ae paid to the United
States .... ...l I.r.
spain has no right to the vessel but if she should
demand restitution IL Is positively certain olu uoN-
eminent would not entertain such claim The re-
bort that the spanish Government requires OF the
United State; the restitution Of the Vireinius and
the payment of All indignantly rs not believed IN
official ouarters no authentic information having
been received here to that effect and, besides sneh
reauistion would be contrary TO the terms OF the
protocol between the two nations.
The reference of the Spanish atbdavts aud other
papers by the President to the AtioTney-GeneraI
was known only to those present and to Secretary
Fish the matter having been kept perfectly secret
until the opinion of the Attorney General was de-
hyered 10 the last-named gentleman Oh the day OF
its date namely, on the 18th instant.
The first intImation OF such opinion was fur
Ished to the press four days later and the full text
obtained the next day from the Department OF JUS
tiee