The New York herald., 1873-12-29

pursuance r. this policy all persons who may now
or hereafter be found or informed against as en-
ps sed IN any scnenne OF raising money. procuring
and shipping supplies. or implements or mu-
nitions OF warfare 10 Cuba notoriously
to be used by the enemies OF SPAN,
win be arrested by the United States ana
proceeded acainsVas conspiring within our fern'
tory to invade the territory and disturb the peace
OF friendly nation. This, IL VIII DC observed, wiz
include an persons IN New York, Baltimore ana
other cities in the United States VINO are known
TO be active agents OF the Cuban insurrecuon ana
who are engaged IN furnishing money or pro-
curing supplies for the insurgent Cubans. Upon
information against the steamer Edgar Stuart.
Messrs. Aguira and Barjos, who are experimenting
her rehtting at Baltimore, with a view, as the
Spanish Minister alleges in his letter to the Secre-
tary OF state, 10 violate the laws OF the United
States, viii be held responsible in large bonds not
TO commit any violation OF the neutrality laws.
Thus it viii be seen that the united
States is taking time Dy the ioreock ana
making ample provisions to avoid the addition OF
any new complications to the case as 1t now
stands. The selection OF Mr.. Cushing is another
and at the same time the most important indlca-
tion OF policy Of the United States to join with
Spain in the suppression OF nlbustering, since
Mr.. Cushing has been for many years the consistent
denunciator OF all that class OF offences against
the peace OF nations.
Why tho stipulated Salute to the Amer
lean Flag Was Omitted by Spain-Her
Strong Points Ag ainst the United States.
The true reason why the Spanish government
was not required to salute our nag, under the
terms OF the protocol, has at last been divulged.
and not only shows how much better the counsel
Tor Spain IS acquainted with our laws than
some OF our own high officials but that
1t compelled the State Department to resort
to mean subterfuge in order to avoid
confession OF the grossest violations OF the regis
tration laws Of she United States by our officials.
The language OF the protocol was to the effect that
If on or before the 18th day OF December, 1s73 1T
shall be made TO appear to the satisfaction OF the
United States that the Vrginius was not entitled
to carry the dag OF the United States and was car
rying 1t ut the time OF her capture without right
and improperly, the salute will be dispensed with
as not necessarily to be required. 1t will thus be
seen that the nature Of the proof was immaterial
as the Secretary OF State was to be the
judge; but as Is customary, the subject was to be
referred to the Attorney General who is the legal
adviser of the Executive and heads OF departments
At the time the protocol was under consideration
between Mr.. Fish and Admiral Polo the latter was
positive he could satisfy the Secretary that Vr
glnius was not rightfully carrying the American
nag, and SO emphatic was his statement and per-
sistent the demand OF his government that this
privilege should be accorded that the Secretary said
he would consent to 1t If 1t could be done within 80
days. This was in the latter part OF November
and the protocol was signed on Saturday after
noon, the 29th of that month. few days after
the Spanish Minister called at the State Depart
ment and presented TO the Secretary such over
whelming evidence from our own laws of the l1cl,eS
OF the United States officials IN regard to the Viz
gnus, from the time Of her possession by the Freed
mans Bureau in January, 1866, down to the date
OF her last iegalregster september 81 1870, leav-
ing entirely out OF the q1esrfon any evidence con-
cerning the of the vessel alter her departure
from New York in 1870. The Secretary OF State,
who is always selfpossessed in an emergency, saw
by the recital Of facts and laws the United States
that the omission or the salute to the nag was
foregone conclusion. The position the administra-
tion would be placed in by explaining to the coun-
try before Christmas Day why the salute would
not take place, If we were to acknowledge that the
virginus was never entitled to an American regis
ter, would De most Illuminating, and must be
avoided If possible. The Spanish Consul in New
York, who with the aid Of detectives
has, ever since the Cubans made that
city their base OF operations, accumulated
evidence against the leaders OF the movement,
and closely watched all their actions, had filed
away in the archives OF the Consulate dispositions
oil traitors to the Cuban cause who had given in
formation to the purchase OF tine virg1nius This
evidence, together with other a1idavits of me-
chanics, was hastily got together and sent to
Washington to show that foreigners had an inter
est in the vessel, that Patterson was only the
nominal owner and that he perjured himself when
he swore that he was the sole owner
and that therefore he frauduently obtained
the register. 1t might be possible that this
charge would not be substantiated in an admiralty
court, before which the case OF the vessel was to
be tried according to the terms OF the protocols but
ii was certain that for all the purposes OF Spain
the fact OF the Virgnus not being legally regis
tered was bound TO appear, and the Secretary of
State chose to make an alleged charge OF perjury,
the satisfactory evidence to the government the
United States, the reason why the salute to the
Gag should not be given rather than
ADMIT the other evidence which, If the
charge OF perjury and fraudulent possession
OF the papers was not sustained, was bound
appear. The formality OF submitting the deposit
tion to the Attorney General was gone through
with, and the public already know his opinion,
which he concluded with the extraordinary state.
ment that 1t was his decision that the virginus at
the time OF her capture was without right OF pro-
lection from and Improperly carrying the Ameri-
can nag. This bit OF diplomatic strategy was re-
garded at the time as great triumph, and ex-
plains why officials were so reticent during the
pendency OF the important question OF whether
the salute was to be given or not.
But the sequel remains to be told. The govern
ment having avaed Itself of subterfuge seems
to have blindly fallen into its own trap, for 1t
agreed to institute inquiry and adopt proceedings
against the vessel and Mr. Fish must have lost sight
OF the important fact that the obnoxious evidence
FIRST onered by the Spanish Minister would appear
against him in the United States Court and for our
officials TO pretend ignorance or our own laws dur.
ing period OF nearly eight years would be most
mortify1ng position. The shallow and nimsy pre-
text set forth in the opinion Of the wouldbe Chief
Justice Of the United States is exposed to the gaze
ofthe people OF the country But the administration
now finds itself in the most embarrassing OF stua-
tions, as a consequence Of temporary expedent