The New York herald., 1873-11-22
THE LATEST FROM WASHINGTON

very Aet1ccnt-SuppOsttiOn That Fish
Told Them To BE Siient-Hoping still
That Spain VIII Yield.
WASHINGTON, Nov. u, 1873.
The session OF the Cabinet to-day lasted over
four hours. In addition to the considera-
ton Of the reports OF the members, the
Vrginius engaged some time. Though all
Of the members have been approached
tonight they emphatically decline TO give
Information or even talk upon the subject. This
ia considered as significant. 1t is stated that Sec
retary Fish suggested that the members should be
retcent at least for the present. AS conversations
repeated and printed might be misconstrued,
nothing would be gained by forcing public opinion
in advance OF the diplomatic controversy. Mr.. Fish
has no doubt but the visit Of Soler, the Spanish
Minister OF the oonies to Cuba, will enable him to
report fully to his government the information it
has asked time to obtain. He still hopes the just
demands OF our government may be compiled with
without prejudice to the Spanish Republic and
no reason, from the tenor OF Minister Sickles'
dispatches, to abandon the idea OF attaining
just conclusion. 1t will take some time before the
Spanish Ministry can determine whether our COM
plaint Is properly founded, and hasty action on
the part OF the United States would not vlndicate
our Claim These, it is reported, were the views
Of the President last night, and he has heard Of
nothing to-day to change them. While he
teelingly and earnestly sympathizes with
the embarrassments which surround the ad-
ministraton at Madrid, and appreciates its
delicate position he VIII proceed with delberation
and caution and will not abate jot little from
the just demands made for reparation for the out
rage against our national dignity. However much
the government may regret to complicate the
anairs OF the CASTELAR, government, 1t Will not fail
to respond TO any reasonable require
ment Of public opinion as it is now
exhibited in this country. It's duty in these
trying circumstances has been impressed upon the
Madrid Cabinet in the most emphatic manner. II
the Spanish government contends that the action
Of her representatives was right the issue VIII be
for Congress to settle.
The nationality OF the virginius is still matter
OF investigation; but, so lar there is the best
thority Tor saying that nothing has been found to
Affect her legal right to American protection. The
leading points raised against her are that she is
really owned in whole or part by Cubans
who are not citizens OF the United States;
that she has not been in an American
port for three years, and tnat she was
not numbered as required by law for some IS
months alter taking out her register at New York
These points are regarded as set at rest by the
assertions OF experts in the navigation laws and
regulations; that as long as she remains regis.
tered at her home port Of New York as the prop
"
by foreigners citizens could be recognized If set
mp in their behalf; also, that under the Registry
laws a vessel can stay away from an American
port as long as she pleases and can use her certi
0cate Of registry as long as she is absent from this
country and. finally, that II 1t was the Intention OF
Congress to require every American vessel to be
numbered at or before the time Of taking out
her first certificate of registry the law on
the subject Is fatally defective in falling
TO sufficiently express that the law stands. 1t
authorizes the Secretary OF the Treasury to estab
lish and provide system OF numbering vessels,
and requires q vessel SO numbered to have her
numbers permanently marked on her main beam,
forbidding the removal OF the mark on
pain Of forfeiture OF nationality, but it
does not say that every vessel shall ne
numbered, nor when, and the Treasury reg
ulations distinctly recognize and provide for cases
where numbers have not been assigned TO vessels
by authorizing the owners or masters who desire
to have numbers to apply for them through the
Custom House. The whole trouble is SAID by a COM
pctent Treasury Official to arise IRON mistaking
certain statistical and descriptive provisions OF
law for mandatory requirements connected with
the nationazlne ofvessels, -.
so far as Can be s1al .ained tonight the diplo.
matte correspondence is conducted on the princi-
pie that the vireinius was prtred ttcie an'Ameri-
can vessel, and that her capture on the high
seas by Spain, when Spain does not recog-
nize that q beligerent condition exists, was
violation OF international law. II Spain
had recognized a beligerent condition az existing
between herself and the Cuban insurgents q DIFF
ferent phase would now be placed upon the matter,
md II the United states had accorded recogni-
tion OF bcligerency to the insurgents in response
TO the demands made upon IL during the past four
years Spain might have overnaued the Virglnius
at any time outside of American waters, without
giving cause for reclamation. But the case AS !,
STANDS IL entirely different, and Spain, without
appealing to competent authority, or giving inior.
nation OF any Kind regarding the matter TO the
United States, or submitting the question to the
courts Tor legal adjudic alton, took the law la hel
own hands, allowed mere brigader general TO ac'
In the premises, and did these things In barbar
Gus and inhuman manner. This, it is said, in
wolves all the points In formal demand, as pub
lished In the HERALp's special from Madrid OF YES
terday. Tne sovereignty OF the United States Il
maintained, and Spain mu st ackno wledQe the cor
rectness OF our demand or war will ensuc.