New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1873-11-10
THE VIRGINIUS.
oprN,oNs At WASHINGTON

r,oN or coNCEDING BElI1GERENT RIGHTS NOT
LIKELY TO BE AFFECTED.
10y TELEGRAPH TO THE TBIBUNE.l
WAsu1NGToS Nov. 9.-Ibe capture of the steamer
Vrnnus and the murder Of four of her officers eou-
finue to he the most exciting topic OF discussion
here and there is great anxiety felt as to the course
ofthe Governments. The new Spanish EmoasSiuoi
has not arrived here, and Admiral Polo the ia'o
Minister is still here. II is probable tnat the
ish Government will not take any DECISIVE S'.p'
until the presentation and recognition Oh 'no
new Minister who is commended py "nie'0i
Sieles in the highest terms. The latter says ne
tboroueh Republican and able statesman. III Is
thought that negotiations on our part WIN pesiu az
onee NV n dispatch from Secretary Fish TO zen.
a,cklos The pronounced friends and advocates OF
the cause of Cuba very bitter toward the 0e"io
nary aud charge that he is willing to accept al
analogy from Spain for the capture OF the Vuginus
and then let the matter drop. providing inc li0'S
regarding the capture do not materially diner Ho'
the reports already received, which, of course are
from Snonisls1eources In view of the following
paragraph taken from The Epening Star, detailing a
conversation with Mr.. Fish, there would seem 10 DO
some plausibility in the ideas of the Cubans:
Secretary Fish does not anticipate any trouble. he
saws the Spanish Government is opposed to quarres'
and II subordinatcs acl hastily. must not forget the
apology made 10 England during the Rebellion lor Tue
capture OF Mason and slidel. Spain is IN much INC
same condition to-day the United states was III 1907
Engan was satisfied with our course. Should we not
be satisfied with explanation from the Spanish Gov
ernmenti He says he satisfied that the intention OF
The Spanish Government is prolonged peace, and that
tins belief is based such evidence as need not be re-
peated now. Whatever there Is in diplomatic oorre'
rpondcuce will be hasened either by cable or mall
The Cubans cite these and other like uttcrances'
and claim that Mr. Fish is DESTROYS OF preparing the
pablio mind for the acceptance of an apology from
r., o. a pnmulate rfDaratlOl
for the indignity done to our hag By the capture
of the Virc1nius and the summary execution OF the
Cnbans sailing under it. Outside of the State De
partment and among Government officials, with few
EXCEPTIONS the opinion is almost universal that II
the facts are as reported TeparatiOn should be
demanded and enforced from Spain that viii deter
her in future from shooting men first and nlVest-
gazing their cases and apologizing for the murder
afterward The citation of the Mason and Sidell
case by Mr.. Fish precedent is thought TO be un-
fortunate because the parallel between the two casea
~ scarcely pcrceptibIo IL we had shot Mason and
gHdoll after drum-head oOurt-martial, and Eng
land had accepted an apology for the outrage as
sufficient reparation, the case would be good
precedent.
While waiting for an accurate account OF the cap
ture of the vessel, the enemies OF Cuba here cite
authority for the act in strained construction OF
the 18Th article of the treaty of 1895, OF which the
following is the text:
"Ifthe ships OF the said subjects people or nhabt
ants OF either of the parties shall be met WITH either
sailing along the coasts the high seas, by any snip
o war OF the other by any pryaeer the said snip oil
war prvateer for the avoiding Of any disorder sha
remain out OF shot, and may send Their Doas
aboard the merchant ships which they shall 50 meet
with and may TO the number of two or trcc
men only 70 whom the master or commander OF snch
,hp or vessel shall exhibit his passports concerning the
property Of the ship, made out according 10 the IOrm
inserted in the present treaty and the ship when sue
shall have shown such passports SHAH be tree ana az
liberty TO pursue her voyage, so as 1t shall not be awf
10 modest OF give in any manner, or force her
70 quit her intended course"
Tins article is very blind and has never been con-
strued by any subsequent treaty. Ii obviously sup
poses state Of to exist TO entite either country
10 the night Of search for the preceding article states
that in case either country should be engaged III
war the ships Of the other country must be tuI-
nished with sea letters passports These are the
passports referred to in the 18th article but no form
of such papers was inserted in the treaty, or has
since been agreed upon. 1t is scarcely probable that
the Virginius was captured by two or three men"
in a boat while the Spanish man-Of-war remained
tout of cannon shot"
An eminent jurist occupying one of the highest
judicial positions in the country when asked to-day
regarding the effect of the seizure SAID that 80 lar
as international law was concerned, 1t would only
be necessary for the Spanish authorities to establish
The fact that the VrGnius the character OF ship
her captors took her for and that she was ON hos
lille mission against the Spanish Government IN
Cuba He said the fact that the papers
of the vessel were regular did not alter
The case; that neither papers nor flag would
protect vessel from seizure on the
high seas by n government against which the vessel
was directed in hostile attitude also that the fact
,bat the bepereuce of the insurgents had not been
recognized was unmportant; that Spain had the
night to protect herself and destroy her enemies ON
the high seas The whole case then, in the opinion
of THE Official between this country and SPAIN is
whether the ViTginius engaged in hostile ati-
tude toward Spain at the time of her capture. This
does not however, tonch the most impcr=
tant question involved In the affair - the
shooting Of the four men. The vessel NAV have
been legal capture; but the putting to death of
The men may have been, nevertheless, gross viola
tOn Of international law for the reason that they
were executed without any notice of their trial
sentence TO The Government under whose flag they
were sailing when taken. his in the opinion OF
good authorities constitutes much the gfayer part
of the ofiense. II they were pirates the Spanlard
had a right 10 shoot them but their character and
that of the yrginius could only be hnaDy estab-
hshed after diplomatic correspondence between
,5paiu and our Government.
The well-kDOwn views of Secretary FfSh in rela-
ton b. the Cuban instruction will probably con-
fjnue 90 control the policy Of the Administration,
and no recognition of begerenee ia TO be looked
for the result of the Vfgnus affair Ii is known,
however, that the President, whose sympathies for
the struggling CubaDs are mrch stronger than those
Of his Secretary, will in bu forthcoming message.
protest in very earnest language against the barbar
sns manner in which tine Spaniards conduct the