The New York herald., 1873-11-23

Shifted from Burriel to the Madrid
Authorities.
WASHINGTON, Nov. %, 1873.
The Spanish objections to our demands are the
folIowing:-
Frst-That the virginius il not an American
ship even under our laws, she was owned by
Cubans, and registered falsely in the name OF Mr.
Patterson, residing in New York.
Secondly--Tnat she had forfeited even this false
registry by her subsequent sale to other parties,
and, although she was altarward repurchased in
the name OF her former nominal owner, she was
not newly registered as our laws require.
Taird1y-That she has frequently sailed during
the past two years under the flags of other coun-
tries
FOu'th,yThat General Ryan, whose execution
with the first party shot, is made the occasion or
one Of our recamations, was not citizen OF the
United States as alleged.
FlGh,y-that the vIrginius, at the time OF her
capture, was engaged IN an unlawful expedition
against friendly Power contrary to the neu-
Srality laws OF the United States and that all on
board might have been arrested. tried and con-
vicied under these laws both on this occasion and
previously, without reference TO the question
whether war existed in cuba or not.
These altgations are made the basis OF the coun-
ter demands OF Spain for delay investigation or
possibly arbitration, but Mir. Fish does not assent.
He takes the ground that If they were known 10
the Spanish authorities rs facts resting
upon sufficient evidence and that the COM
mander OF the Tornado acted upon such
knowledge in pursuing and taking posses
sion OF the yirginius, there can be neither
difficulty nor any great delay in laying them
directly before the government OF the United
States from Havana, without the tedious renvesti-
cation proposed at Madrid. II, on the other hand,
the action OF that commander was taken upon the
mere assumption of facts and without proper
evidence, the chase, capture and retention OF the
vessel ls an insult to the United states that must
be repaired by the formal restoration OF the vessel
before any basis for investigation, discussion or
arbitration concerning the other matters can be
reached at all.
II the Spanish authorities have been accurnuat-
Ing and secreting evidence TO denatonalize the
virginius, our government holds that the wrong
done Is scarcly whit the less because the proper
course would have been to present the evidence at
washington, with a request that the vessel be
seized by the United States and brought home
for trial under own neutrality laws.
Such a demand supported by sufficient proof,
would not have been refused. But it was never
presented, except by the commander OF a Spanish
gunboat to the captain of our own vessel, the
Kansas, and under circumstances which left the
latter without any power to entertain It. The
Spanish authorities chose their own method OF
enforcing our neutrality laws, and our govern
ment could not, II 1t would, permit them
TO escape the consequences by now bringing
forward evidence OF which an American
court Of law is made the rigntful judge under the
acts Of Congress. Even n II could be shown that
our laws relating to the naturalization OF vessels
and tho preservation Of neutrality are In c0pnict