New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1873-11-25

.,te LEG Atty or THE SEIZURE DENIED-TlIE VIR-
GINIus COULD VIOLATE NO MUNICIPAL LAW OF
SPAIN on THE HIGH sEAs-wHAr CAN BE SUB
NurTED TO ARBITRATION AND WHAT CANNOT
lBY TELEGRAPH 10 THE TRIBUNEl
WASHINGTON Nov. 24-The situation at the State
Deparmeut in relation 10 the Cuban question is I'M
changed Secretary Fish was in consultation with
the spanish Minister during the afternoon and was
NOT accessible to callers. The Assistant Secretary
,,s hard AZ work in the midst Of piles of volumes
a treaties and books on international law and was
understood to be engaged in preparing careful
abatement in ereaSo of the position assumed by our
Government with citations of precedents and au-
tborities 1t is understood that the Department
after fuller examination of the facts, Is no
more disposed than ut first TO concede the
legality Of the seizure Of the Virginius The posi-
ton assumed is as far be learned. that Spain
basno right 10 search OF capture an American yes
sel on the high seas, no matter what her suppose
mission may be, or what may be the character OF
her passengers aud cargo. The Firginius. 1T is
maintained could not possibly be violating Spanish
law when outside the jurisdiction Of Spain. If she
were bent upon hostile errand against the Spanish
Government, as long as she remained upon the high
seas she was amenable only to the laws of the
limited states which she was PROFESSIONALLY Ylo-
lating II the Tornado had taken her into an
American port delivered her NJ to our authorizes,
and demanded the punishment of the men found on
hoard OF her for q breach of our neutrality
laws while the seizure, would not have
been strictly justifabe, the act would no
doubt have been readily cOndOned by onr
Government because ii would have been evident
that no insult TO the United States had been in
tended and that the stretch of authority on the part
of the Spanish ship grew ont of no unfriendly mo-
tiyes The conduct of the Spanish officials at San
tago d. Cuba in the execution Of the Nlrgnius prs
oners is of course large part of our case against
Spain but tho Department appears fully convinced
OF the correctness of its position, that the seizure OF
the vessel was illegal regarding 1t as OF the utmost
inheritance 10 the safety of our commerce that this
position should be maintained. The Department
will insist upon its acknowledgement and upon the
surrender of the vessel
The almost universal opinion in the city to-day was
that the apprehended war with Spain would turn
nnA tn he of dplOmatin corresnondenee only.
with a possible arbitration as It's Conclusion Al
the State Department, however, no such sanguine
view was held and it was stated that the danger OF
final resort TO arms is by no means past. There Is
no apprehension Of an immediate outbreak OF hos
tes unless some indignity is offered to the squad
ron dispatched TO Cuban waters; but until the
answer Of Spain to the demands of our Government
is received the issue of the difficulty will
remain in doubt If the Madrid Govern
ment makes proper apology and Teparation for
the massacre at Santiago de Cuba, but declines to
surrender the Vrginius or to acknowledge the cor
RICHNESS Of our position regarding her seizure, it is
not improbable that the disputed principle Of inter
national law involved will be referred to arbtra-
ton. If Spain refuses to apologize war is believed
h. be inevitable. Our whole claim will not be
allowed to 20 to arbitration because an insult Of
fsred by one nation to another is not thing for
tIbtratOrs to pass upon.