The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1873-12-24
TSpccia, dispatch TO the Baltimore SUM-
The Case OF the VirSiniuS and cues.
ti0Us Now ArlsinS-Dlrcct and Rnsi-
rect Asamn.rcS,

tiOnS Now ArlSin.-Dircct and RMsli-
rect Damages.
WASHINGTON, December 2e.-The Attor-
ncy General having decided that the Vir-
;.iniu~ had received an American register at
New York in September, 1870, upon the
false oath of the alleged pretended owner,
Patterson. the next step will be for the Go
vcrnment to proceed in Il Federal court
against said vessel under the act Of Deem.
Ter 81. 1872. Which declares that in such
case tic vessel shall be forfeited. 1t is hardly
to b" supposed that The Cuban owners will
defend the suit IN their own names. There
is some reason to believe that such result
as this Eas been looked forward to from the
beginning Of this difficulty, aud that it was
the confident expectation OF such 4 solution
that induced Spain TO yield reluctant assent
to the protocol.
One important question was not referred
to the Attorney General for his advice, and is
left untouched by him namely, whether
the persons connected with the vessel as her
real owners, passengers, NC, have not Vo-
lated the neutrality laws of the United States
and it is just possible that proofs may yet be
exhibited on this point so clear Us to render
prosecutions necessary on the part of the
United States. The latter part of the opinion
of the Attorney-General, to the effect that
Spain had, nevertheless, no right TO capture
the NirSiniuS on the hish seas, is clearly
given i'll order to exclude the conclusion
hat the United States are responsible to
Spain for damages on account Of the hostile
operations OF the Eirginus. Such a claim
i very likely to be made, and it is thought
bv some iuristS would be similar in princi-
ple 10 the claims for indirect or national
damages preferred by tue United States at
Geneva. but rejected by the arbitrators on
| that occasion.
The Tirginius did not commit direct dam
ages upon subjects of Spain by captures of
| merchant vessels upon the high seas. The
doctrine of the Geneva arbitrators on this
point is that such losses cannot by the law
of nations be regarded as good foundation
| for IN award of compensation in computa-
| ton Of damages between nations, and the
| tribunal in effect relegated that question to
the uncxplored field of the discretion OF
sovereign States. This distinction between
direct and consequential damages, 1t Is sup
| posed, will be an etiectual bar 10 any Span
| iSh claim.
i. not supposed that the claim for mo-
ney compensation to the families Of the
murdered men will be affected by this deci-
| sion, as the executions were in violation OF
the treaty of 1895, and ineXcusable on any
theory; but ii is probable that distinctions
will be made between those who were citi-
zens of the United states and those citizens
of another nationality, and certainly be-
| tween United States citizens and those Gu
bans who had forfeited their parole.
1t is probable that there is some eXaggera-
ton in the dispatch from hey West an
| nouncing that there is to be 4 large concen'
| trtion NJ British vessels of war IN Cuban
waters: that complications are expected,
and that the British Government will GER
tainly demand the punishment OF Burrlel.
If such complications should arise the British
| Government will not treat with the Havana
authorities, but with Spain, as Burriel acted
Under general order or decree issued by
the late Captan-General Rodas. 1t is
thought that neither this nor the British
Government will insist on his punishment
if proper indemnity shall be made by SPAN
| for the families Of those executed.
| There is an idea current here in diploma
tic circles that the recent opinion OF the AT
| torney-G General eXtiDguishes this claim, bu'
there is good reason to believe that neither
| Great Britain nor the United States will act
upon any such view, or release Spain iron
her obligation to make suitable indemnity
| The ascertainment of what the indemnity
| should be in each case will involve some
time, but will undoubtedly be made, anC
with the condemnation of the VirSlnlus by
| n United States district court will conclude
this serious question. AS regards the GU
bans released who may have violated then
paroles there is no likelihood that they viii
| be demanded by Spain or surrendered by
| the United States.