The New York herald., 1873-11-10

isted, and if France obtains such Ministry
out of the present complication she will have
good reason to rejoice over the fortunate
obstinacy Of Bourbon
Tho virgtnius Outrage-What Should
Be Donc.
1t is no doubt decorous and proper that
our State Department should refuse ito sacri-
fee its own dignity in hastily espousing the
cause of the Virginius. to find hereafter that.
according to International law and treaty
obligation, it had no justification for such
zeal" The government cannot suffer itself to
be carried away by sentiment, but must pick
its steps cautiously and advance only on per-
fectly safe ground The American people,
who sympathize with the Cubans and are
prejudiced against the Spaniards, may indulge
in indignant denunciation of the swift murder
of some Of the persons found on board the
virginius, and may express their opinions of
the insult offered to the flag of the United
States in emphatic language, but our State
Department is bound to act courteously
toward q nation with which we have friendly
relations, and to take it for granted that her
action has been justifable until our own peo-
pie are enabled to show something to the con-
trary. To be sure the British government
has somewhat more abrupt way Of dealing
with cases in which the lives and liberties of its
subjects, or of those who have the right to
claim the protection of her flag, are
jeopardized. As in the case of Mason
and Slidell during our own war, and
in the more recent affair of the Deerhound.
England is apt to take it for granted that her
flag is sacred and that those who sail under it
are entitled to her protection, from the mere
fact that the old colors wave over them. But
with us the more cautious, if less patriotic,
custom prevails, of requiring those who fly
the Stars and Stripes to prove that they are
legitimately entitled to its privileges before
the arm of the nation is stretched forth to
shield them from outrage
The unfortunate men who have been sshot
on sight and tried afterwards" in Santiago de
Cuba, cannot be restored to life Their
friends, who met last night at Masonic Hall
and set on foot subscription designed to aid
in avenging their murder, may or may not
accomplish their object but 80 far as our gov
ernment is concerned we are officially notified
that no remedy exists, and that we must fain
be satisfied with such explanation or apology
as the Spanish government, if convinced Of
the unjustifable character of their action, may
be willing to concede At the same time
while recognizing the duty Of our government
to be contented with an apology for the
assassination of handful Of men
who were, after all, only notorious
Cubans, like Cespedes and varona, or fill
busters, like Ryan," may we not suggest to
Secretary Fish the wisdom and humanity Of
clearly defining in future the status of Ameri.
can vessels and of people sailing under the
American flag in relation to the Spanish au-
thorities in CubaP When the proclamation
Of De Rodas was issued, declaring the inten-
tion of the Spanish government to treat ves-
sells landing recruits and supplies in Cuba for
the aid of the insurgents as pirates, and to
execute all persons found on board,
Mr.. Fish distinctly defined the posi-
ton of the United States. He claimed
the right Of American citizens and vessels
to carry to the enemies of Spain, whether
subjects or foreigners, all merchandise
not contraband of war, subject only to the
requirements of legal blockade. He further
took the ground that no restriction over our
intercourse with Cuba could be made until q
state Of war was declared to exist, or until
the United States might find it necessary to
recognize state of belligerency as prevailing
in Cuba. According to our dispatches to-day
the seizure of the virginius was made in
accordance with the De Rodas proclamation,
despite the old protest of our Secretary of
| State. Under these circumstances it is clear
that there can be no safety for American
vessels or American citizens in the vicinity Of
Cuba until their privileges and duties are
exactly defined and this can only be
done through the recognition of the
belligerent rights of the Cubans by our gov
eminent It is, therefore, the duty of Presi-
dent Grant to declare at once the existence of
o state Of war in Cuba. We may cast the
mantle Of diplomatic apology over the graves
of poor Ryan and his companions; we may
be compelled by courtesy to forego the de-
mand for the execution Of their murderers;
but at least we can insist that the lives and
property Of American citizens shall be no
longer left at the caprice or mercy Of Spanish
bavos 1t is duty incumbent upon our
government at once TO recognize the belliger-
ent rights Of the Cubans and it is duty
which Secretary Fish cannot any longer safely
postpone.
THE CHrEr JUsTICEsHrP-OUR STATE LEors-
LATURE AND SENATOR CoHKLNo. From present
av,,oo - cao ,,x qta 70 afyiolat,,ro ;,,.t