The New York herald., 1873-12-17


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by any government to one man-that the island of
Cuba has until quite recently been
UNDER MARTIAL LAW.
This law, or royal order OF 1925, which has kept
the island throughout In an anomalous condition,
and been great stumbling block to the success OF
the lab0rs OF the State Department at Washington,
In having the orders from Spain relative to the
raising OF embargoes on the property OF American
citizens carried into effect, was finally repealed
about last September and this fact Is due to the
diplomatic exert0ns OF Secretary Fish and Minister
Sickles. At the same time the home government
communicated the fact to the superior government
OF Cuba in . telegram OF September 10. This
telegram, it appears. was never disclosed.
The order probably was not judged ''oonuenteHte"
by the Captain General and his advisers, the mag
mates OF the Casino Espanol. At least one OF the
first acts OF the Minister OF the Colonies after his
arrival here and examination Of the state OF affairs
was to issue decree, ordering the immediate
compliance with the orders from the home gov
ernment IN relation to
THE RETURN OF EMBARGOED PROPERTY
In this decree the Minister refers TO the order
communicated by telegram, OF September 10. This
order changes the status OF the Captain General
completely. He has now only to obey i'm
plicity what commands he receives aud exc
cute whatever laws are made for him. To
this may be attributed the firm stand taken by the
Madrid government, or else otherwise we would
have been regaled with the usual trick of the
Spanish government OF shifting round the respon-
siDiity for acts committed, that finally it rests
on no ones shoulders.
The tone OF the press is, while keeping up the
show OF resistance and the indignant clamor Of
their right In the case, gradually becoming more
reasonable, and 1t seems as II an effort was being
made to bring the excited Spanish mind to an
ability to put up with the disappointment Of see
ing the Virginius leave the harb0r.
The feeling In Santiago de Cuba against the sur
vvIng prisoners is very strong, and 1t would take
q decided Governor to prevent any hostile demon
strations. A recent episode which occurred in
that port shows the excited state OF feeling. On
the lst inst several OF the boats from the United
States war steamers Juniata and Wyoming were
and every thing necessary on such occasions, and
manRuvred in 'front.' or the city,
IN THE WATERS or THE BAY.
The alarm was Immediately given, and nearly the
whole volunteer force turned out, ready to repel
the invader, shed their last drop or blood, save
Mas prns:a ana ABOUT g tst
was to be made to rescue the prisoners. Brigader
Morales de los Rios, the acting Governor in place
OF Burriel-who, by the way after ills great feat Of
Illegally numbering IS men, fastened to havana
fully expecting an ovation, but was grievousy dis
Spanish man-oi-war Bazan, which then put to sea-
The vessel with the prisoners on board, touched
Gated with and mis- orders were to put the pris-
Oners back from whence tney were taken. Mo-
rales de los Rios was removed, and on last Sunday
morning Burriel returned to Santiago de Cuba to
resume his command. This occurred on the 1st
and at two O'Clock on the morning Of the I'd
The same day the British corvette Niobe learn
ing that the prisoners had been sent away, 1t was
supposed to Havana sailed and arrived here yes
70 Cav n1nr n nm ha
same afternoon. learn from one OF the officers Of
the Nobe that the feeling is strong in Santiago de
vessel, and extensive preparations In the way OF
lortifcations. earthworKs, &C., are being made
The Voz de cuba during the past few days has
devoted its columns almost entirely to the ques-
ZION sv Of the vus letters pnrp9nts rns to Se
Wrter Sd ssaes that he cannot understand what pre-
Spans action and to demand satisfaction therefor,
the VOz de CUBA ventiates the subject in five
eolam9 t,n9 article reviewing ana referring to the
NAPOLEoN's FAMOUS MILAN DECREE
which closed almost all the ports OF the world
BY England in retaliation; the great flow and i'm
pulse given to the maritime commerce OF the
young American Republic by the state OF affairs,
which enabled 1t to carry its manufactures to
every sea and port, and increased Its merchant
marine in numbers and Importance 10 the
detriment Of that OF England; the famous right OF
detention visitation and search declared by Eng
land in opposition to all principles OF international
law; the consequent injuries to American vessels,
upon which the war ships of England principally
exercised this declared right; the numerous cases
OF recamations arising out oil these circumstances,
as between 1903 and 1911 British cruisers had
seized over 900 American vessels and 5000 seamen; ;
the war then declared by the United States, and
ance to the right or visitation and search, which
has since been one OF
THE FUNDAMENTAL PRINCIPLES OF AMERICAN POL
10Y;
establishing as point of doctrine in maritime in.
ternational law, and generally accepted by all ma
Jurisdiction over neutral waters % and any va act Of
hostility can only be exercised by the vessels of
neutrals; or at peace the right OF visitation and
search does not exist. Wherefore, says the TOz,
the claims and demands Of the United states in the
present case OF the virginius are based upon
this doctrine, 1t being alleged by the Wash
ington government that she was an Amer
American register and nag. and, consequently,
no Spanish cruiser had any right to visit and search
ep % to and Execute bq
crew. Had the Tornado captured the Virgnus In
some overt illegal act within Spanish maritime
jurisdiction the capture would have been legal,
and the execution OF those caught in violation OF
the Spanish laws justifable. But the capture on
the high seas constitutes the insult TO the Ameri.
can flag. for which reparation is demanded from
spain, and we are threatened, continues the Voz
which went to war with England,
TO RESIST THE PRETENsIoNs OF VISITATION
and search on the high seas would not hesitate at
This then, according to the VOz Is the pretext OF
the United States to claim the return OF the Vir-
ginius. This Is the pretext admitted by CASTELAR,
causing him to order decisively the return OF that
ship. The VOz, the most furious exponent OF the
oligarchy OF the island, has toned down consider
ably within the past few days; while at first 1t was
advocating resistance to orders from SPAIN 1t is at
present in favor OF doing the "right thing.n
As mere pretext the VOz de cuba does not deny
that at first sight it appears that the claim OF the
United states Is well founded, and doubts not but
that CASTELAR,, upon admitting such, supposed that
when captured by the Tornado the Virginius was
sailing IN neutral waters and
UNDER THE AMERICAN FLAG.
Considerable stress is then laid by the Toz de
CUBA upon the weakness OF this pretext and the
absurdity OF supposng that the mere fact OF flying
any nag upon the high seas is sufficient to change
the character OF vessel and her business. and to
protect with impunity the mlsdeeds to which she
Is, so to speak, professionally dedicated.
"There should be-" says the VOz, ''some rule to
combine the principle which il opposed to the de.
tention and visitation OF vessels at sea, as gen.
eral nreacrinfinn of International law and tha