Wilmington daily gazette., 1873-12-31
STATUS OF THE vIRelNIus. {,
DISAGREEMENT BETWEEN CALEB
CUSHING AND ATTORNE0-GENEEAL
WILlI ANS.
CRITICISM Oh THE ATTORNEY GENERALS
OPINION AND ON THE COURSE or gFc-
,sE 8Ei RET4RY FlsH.

. a Washingtoa despatch to the New York
4yibttne saws - .~. ...
Mr.. Caleb Gushing announced to-day his in
teniiOn to depart for spain as soon as the SEN
ate confirms his nomination, which, Judging
from ppheie sentiment IN Washington. is likely
to lie on the iiISt or second day after COngress
assemblies. Mr.. Gushing lsknown To disagree
with Attorney GenRral Williams in regard to
some of the most vital points of his late deciS-
ion in the Nirginius case, and he does not hes
ttate, even since informed Of his appointment
to eriticiza Isl private conversation the position
taken in that decision as utterly untehahle,--
This has caused much speculation in saini-Otli-
cial circles to-day as to the ultimate Fesul. OF
his hssiOn, and 10 little surprise has been
expressed that the President did not ascertain
his views on the question before appointing
him, or, knowing them, should chOJse 4 man
| not in accord with tho administration ON this
point lAl sis. fr,.B
Mr. Cushing IS not alone in the belief that,
\ whaREeT his opinion may have been, tho At
| tOrney General made a grIvc mistake in at
tcmptiRg to decide questions growing out OF
the capture Of the Nlrglnius which were not
submitted to him by Secretary OF state. and
which could not, under any iIn1giuAble condi
ton OF affairs, come before hiHFfOr decision
Many OF tue ablpst lawyers ia Washington
also criticize Mr,, Fish for what they they call
| the bungfng manner in which lie managed the
| last step in the settlement of the Nirglnus
trouble They say that he ought not TO have
| dShEu tild fNtluiAltSF AtleldA WHttut OE not
the NiTgihlus at the.tinle 0f her canture bV
the Spanish mau-ofwar Tornado, was entitled
to carry the. flag OF the United states, and
whether or not she was carrying II improperly
and without right at that time These were
questions that the Attorney General cannot
decide. They must be left to the courts. Mr
! Fish ought simply to have asked whether on
the Evidence contained in the doenments sub
mtted, there was sufficient W'iDtq fdcia ground
for the beginning of a suit for the forfeiture OF
the vessel and the Attorney General should
have answered "Yes'' or ''NO," .,.s
But Secretary Fish's hlunder was aggravated
these gentlemen cay, by the ATTORNEY General
who not only assumed to decide the question:
subui4elthy him. BUT stepped entirely DeyonC
his Jurisdiction, which y 20 ''pive his adVieC
and opinion on questions of law The ones
tion whether tiIe American Aig, Iraudulehtll
; carried, protects vessel from molestatiOn,
Is u question TO he settled between the L nitel
States and other nations. II Is a question
about which our government and that Ot SDaiI
may disagree and it was ineXeuSable on th'
part of the Secretary Of state and the Attor
(, nPy General to raise it ny publishing 10 til,
world which they might have known Woul'
be diStasteiultO Spain, and on question
q WHICH might never arise. IL the question Die
: IaIiSe Spain was theAnrty 10 pun it forward
8 The officers and officials referred to ara unani
n nous in the opinion that the position the,
! hHid--timt the AmeTiGan dag fraudulent,
! carried does not protect a ship-lloes no
i obge the [ nited States To return the Virgin
Il liuS 70 Spain, That nation has renounced al
q claim to THE Ves selbyetAs unconditional sur
ii render The Vessel, her passengers and GREY
n must now he dealt with by the L. :. C0uIts
II Mr.. Cushing's freedom OF speech on this que'
T. tlOn, Just at this time, has caused much SUI
II Prise .F4H-F