The New York herald., 1873-11-09

In all this we find confirmation of the charge
of murder we bring against the Spanish
cutthroats at Santiago de Cuba. 1t is pre-
cisely because the question of the right OF
the Spaniards to seize tho Virginius Is In
doubt that the killing of those who were found
on board that vessel. under the protection
Of the American flag, was a crime against the
law and an insult to the United States. WeaIe
told that the Virginius was seized under
treaty between Spain and the United States
in regard to vessels carrying contraband OF
war, but Mr. Fish has already settled the point
that no such seizure can be allowed except
when state of war is officially declared TO
exist In July, 1869, General de Rodas, then
Captain General of Cuba issued proclama-
''vessels which may be captured in Span
ish waters or on the high seas near
to the island (Cuba) having on board men,
arms and munitions or effects that can IN
any manner contribute to foment or promote
the insurrection, &C., ''shall be de facto con-
sdered as enemies of the integrity OF our
territory and treated as pirates in accordance
with the ordinances of the navy. All persons
captured in such vessels, without regard
to their number will be Immediately
executed" Secretary Fish in the follow
ing April addressed communication
to the Spanish Minister on the subject Of
that proclamation, and reminded him that
under the law Of nations. and especially
under the treaty between Spain and the
United States in 1875, s'the United States
expect for their citizens and vessels the
privilege of carrying to the enemies Of
Spain, whether those enemies be claimed as
Spanish subjects or citizens of other coun-
tries, subject only to the requirements
of legal blockade, all merchandise
not contraband of war. Articles contraband
of war when destined for the enemies of Spain
are liable to seizure on the high seas ; but the
| right of seizure is limited to such articles
only, and no claim for its extension to other
merchandise, or to persons not in the civil,
military or naval service of the en-
emies of Spain will be acquiesced in
by the United States. This govern
ment certainly cannot assent to the
punishment by Spanish authorities of any
citizen of the United States for the exercise
of privilege to which he may be entitled
under public law and treaties" Again, under
date of July 16, 1869, Mr.. Fish wrote to the
Spanish Minister: -s.But the decree of the
Captain General de Rodas assumes
! powers and rights over the trade and
commerce Of other peoples inconsistent
with state of peace, and which the United
States can only be expected to allow their
vessels to be subjected to when Spain avows
herself to be in state of war or shall be mani
festly exercising the rights conceded only to
belligerents in the time of war. If
Spain be at war with Cuba the United
States will submit to those rights
which public law comedies to all belligerents
But while Spain disclaims a state of bel
| it necessary to recognize her as belligerent,
the government of the United States cannot
fail to look with solicitude on decree which,
if enforced against any vessel Of the United
States on the high seas, cannot but be regarded
as violation of their rights that may lead
i
find Secretary Fish on record, declaring that
state q war must exist before The right of
| seizure is exercised Spain has denied the
existence Of war, and hence the seizure q
| the Virginius, in accordance with Mr.. Fish's
views, must have been unjustifable.
| The HERALD has always advocated the strict
enforcement Of our neutrality laws and has
made no apology for flibusters Our flag
should not be degraded by being made the
cover for fraud, nor should it shield those
who have forfeited its protection. The
nation is too powerful to play the part of q
bully. We have no desire to draw the govern
ment into war with Spain, for
we see nothing to be gained by it, and we are
opposed to the annexation of any more ter
ritory to the United States. We have already
territory enough, and, however much we may
| sympathize with the struggling Cubans in
their fight for freedom, we are not willing to
add their beautiful island to our
own possessions. But we desire to
see our dignity as a nation upheld and we
regard the course of Spain towards the United
States for number of years past as insolent
and oyerbearing to an objectionable degree.
How far we have provoked the treat
ment by our own uncertain and tmid
policy we do not care to inquire
It is an unthankful task to condemn
the foreign policy of our own government
and to accuse our State Department Of want
of pluck and dignity. But we must insist
that in this outrage of the virginius there is
no room for argument or excuse; that the
Spanish authorities at Santiago de Cuba
are self-condemned; that, whatever may
have been the character Of the virginius, the
murder of four Of the persons found on board
was an insult to the American flag, and as
such must be fully atoned. But how? Not
rs Secrataru Eish Hinnantlu aarc IL or.