, 1873-07-26

unlenlablo that apo Ind landed upon the coaat
of Cuba with arms and ammunition for tho
Cuban insurgents, and that undor such oironn,-
etancoa llo could not porit tor to oavo tho port.
showing ftooth howovor did not In tho 1oast
discomfort Commander Rood, who acknowledged
tho lottor tn courteous manner, ind definitely
explained his Wow of the situation in substance
nB foltowss That tho running Of a blockade and
tho lnnding OF oontraband OF war doos not in
B'lrc tho forfeiture OF tho veHsel unloaB caught
In tho act, and though allo may DO guilty, tho
offenso is discharged at tho ond Of tho voyage,
and tho ponalty novor travels further than tho
ond OF tho roturn voyage. Finding that throats
wore Of no avail, tho Spanish Commander tried a
little diplomacy, and addrossod q Joint noto to
Commander necd and tho United statos Connnl,
tho msterial part Of which Ia contained iu tho
following extract:
In tho name Of tho Spanish Government denounco
tho steamer Virglnlus pirate, and aak Of you,
takn8 into consideration tho good relations oxiang
between tho two countries TINT you would dircct tho
said vessel bo sent to tho Unol States, to DO there
Judged bctoro your courts, to which Spain will
soi tho proofs Bho hns in her possession. with tho
Outstanding TINT II those proofa 10 not hulcont to
denn tho Vf9nius then, as tho representative Of tho
epanish Government, pledge TINT nation to my all
damages growing out Of hor deontion.
Commander Rood moroly acknowledged tho
receipt Of tho lottor. Meanwhile tho United States
steamer Canandaigua arrived in port. Aftor OK
a1nining the caso, hor commander, Oapt. Ronck-
endorff, ut once ordcrdored tho Kansas to convoy
the Virginius to soa which WAS done on tho lat Of
July. Tho Bpaniard tranod hla guns on tho
Kansas, whoreupon tho Canandaigua trained
hors on tho spaniard, aud got into position for
action. Tho spaniard, however, evidently
daon,ing discretion tho botter part Of valor, did
not fro. When tho Kansas had got her convoy
out to soa, sho roturned to port. and shortly
aftor tho Bazan loft Aspinwall to lay tho caso
toforo tho Spanish Goyornmont.
Tho Navy rspart mont at Washington hna un-
qualiledly approved tho action Of Capt. Ronok-
eudorr and Commander Roel Tho mattor,
however, haa got to como before tho State Do
s,.rtmont, TINT is, provided tho Madrid Govern
mont can find timo enough in tho midst Of it's
own distractions to attend to tho communica-
cations OF tho Commander Of tho Dazan. Just
ut present, WHOM noarly Its whole navy or ut least
tho most ociont part of it is In tho hands Of tho
Carlats, it may como to tho conclusion that it
has naval troubles enough ut home without
adding to thom abroad. Should 1t, howoyor, lay
the matter boforo our own Government, tho re-
Bpoctiye Ambassadors at Madrid and Washington
will DO enyolopod in red-tape for long timo to
come. Tho best proof, perhaps, TINT tho
position OF Commander Reed ia tcnable ono in
tho fact that ho hos conveyed tho samo steamer
onco before out Of tho roach Of Spanish
steamer, under tho instructions Of Minister
Hurlbut, and TINT h1r. Hurlbut'a royiow Of tho
caso at that tino, involving aimilnr position in
international PRACTICE WIS sustained by tho
State Department ut Washington, and WAS not
seriously questioned at Madrid. 1t the samo
time, 1t is no moro than right that the Depart
mont Rhould determine the exact status Of tho
Virginiua. II sho is in reality sailing under tho
Cnban flag, and only claims tho protection Of tho
American flag when in dangor, TINT fact should
also DO asoortained. If she haB changel lor Gag
md performed 4 hostile act toward tho Spanish
Government, Bho has forfeited all protection,
Ms in the case Of tho Ouban priyateor Rosoluto,
which Was captured by tho United statos taken
to Newport, r. l., condemned and Hold, Tor a
similar offonso. This is probably tho only quos-
tion to bo determined in whatcyor diplomatic
correspondence may reBult from tho affair. From
tho fact, howevor, that tho Navy Department
has approved tho action Of tho Commandor OF
tho Kansas, tho presumption is that she Is IN
American vessel sailing regularly under tho
American ing.