The New York herald., 1873-11-15

ho oho raod ooc har having repaired ner machinery,
changed her course also, and undoubtedly at
tempted to reach 9 point o. safety. whetner she
| The Spanish announcement, printed in the
oicial gazette az Madrid distinctly asserts that
overhauled her. and adts most positively that she
was six miles from n the &c coast Until this m-
Is maniiesty at a loss for basis upon which to
rest a complaint
The testimony regarding this point will necessa-
rily be vague, and perhaps unsatisfactory, as the
capture was made at ten O'Clock at night when IL
was impossible to make a reasonable estimate OF
distances and when, as the moon shining
brightly the difficulty OF such an estimate was
| doubled.
Questions also arise regarding the registry OF the
Virginius. Up TO tns time the spanish authorities
nave paisea mo pos aca,nss .ne
has been afforded them to do So for the reason tnat
the question mas not yet been discussed, and that
no point involving The nationality OF her owner
ship has been raised. 1t Is possible that the span
ish authorities may have some Information regard.
may be in readiness to develop 1t when the emer-
gencies OF the case require them to do so. Our
she was an American vessel and will do so most
earnestly unless proof Is brought forward to show
that she had forfeited her right to Its protection by
the terms OF a valid sale to parties who have no
claim upon the United States.
Immediately upon receipt OF the news OF the first
| execution Secretary Fish, In behalf OF this gov
| ernment, took action intended to prevent addi-
tional butcheries. In a despatch, the language of
| which was Enthusiastically f0rcibe and decided, he
protested against the execution as barbarous In
violation q the civilization OF the age and as DIS
graceful. The repeated occasions for the nterven-
| uon OF our government in similar instances In
duced the Secretary to assume most positive posi-
Madrid, to whom the despatch was transmitted
through General Sickles accepted Its tenor
as an indication or our impatience as well as de-
termination our part to use every legitimate
endeavor to put an end to the inhuman atrocities
OF the volunteers The despatch having been read
surance that the Madrid government would inter-
vene to prevent further executions, and that the
| a on ka "A
was ready to yield without such demand
the usages OF CIVILIZATION the laws OF nations
or treaty obligations our government accepted
these promises as the utterances OF men who
made them in good fatn and with an honest
Intention to iunll them to the letter. The orders
Captain General at Havana, who. doubt, at
tempted 10 carry them out; but in the meantime
between Havana and santiago de cuba. and 1t is
| now apparent that Governor Burriell the Spanish
q a. ,o the latter place c tnas
he did not receive the order to delay the execu.
| tiOns.
The American Vice Consul at Santiago de Cuba
did everything in his power to prevent the
butcheries. Olficial dispatches from Consul Gen.
ara Hall, at Havana, give him this credit, and un-
official information has been received sufficiently
in detail TO show that he exerted every resource at
his command to accomplish the desired object. 1t
has been learned officially that when he attempted
to communicate with his superior at Havana, by
the government has full control OF the telegraph,
the Intervention was successful in prohibiting him
from sending the dispatches which he had written.
No doubt exists regarding the authority thus
exercised by Governor Burrlel or his associates
over the telegraph, as the wires are owned
and excessively controlled as monopoly by the
government. The wires were subsequently cut
or disconnected While no proof exists to show
that the destruction OF communication was other
wise than accidental the suspicion naturally arises
that 1t was intentional. But the prohibition ex-
! ercised IN preventing the Vice Consul from send
ing his dispatches before the wires had been cut
to Consul General Hail cannot be construed In
any Hsr % ar re as a am and 1a az 'e
evidence OF cruel predeterminatlon that the
murderous object ior whlch preparaa.lons had
out the possibility OF Intervention from higher
authority to prevent 1t.
The government accepts this as the most reason
| able and deserved Characterization OF this dis
graceful feature OF the affair. The evident deduc.
ton to be made therefrom ls in thorough accord
with the popular belief that The volunteers on the
island under the control OF the Casino Espahol are
in effect independent of any authority except tnat
when is dictated by their own inclinations. The
government viii. accoroingy, proceed at the
as the Madrid authorities nave made the voluntary
promises TO which aliusion has been made, the
government is compelled to await future develop
authorities fixed their own time and date for their
Iuldlment. Tnat time has not yet expired. What
action may be taken in the event OF their nonful-
fllment is matter that VIII, In az probability,
gins two weeks from next Monday.
The status OF the insurgents on the island OF
government for years. since the death OF Jose
Morales Lemus first Vice President OF the Cuban
Republic and Minister s'sts. G from Its gov
irreguary represented in Washington. Senior
Miguel de Adama has made several visits TO
Secretary Fish, but no representation has been
made to prove that they have succeeded IN
establishing regular and stable form Of
the phrase, Irregular and stable government"
enlorces necessity that the insurgents shall hold
shail convene constituent assemblies for legisla.
tive purposes and shall be possessed of a seaport
sentaIions to prove that these necessities have
| been complied with have been made; but on the
cate that the last attempt Of the body purporting
to be the legislative assembly was dispered by the
Spanish armies, and that one at least, OF its men,
bers was captured, and that effort has been
made to convene 1t since then. 1t is. perhaps,
the fault Of the Cuban representatives in
this country that they have not taken the
precautlon to prove their right to recognition and
that they are in condition to comply with the re-
quirements of international law. While the
government believes that our-ifths OF tine natives
on the island may be opposed TO Spanish rule and
In sympathy with the lnsurrecton, 1t IS unable to
perceive that the insurgents have succeeded in
making such advancement In the direction OF gain
ing or maintaining power as to enttle them to any
any rebellous combination. The cry for a recogni-
tion Of their belllgerent rights is, there
fore, wild in the extreme, and while 1t
finds response under the existing excite
ment from people oil every section OF our country,
and consequently carries great weight with
1t, proper regard for the obligations oil the ma
tion to Power which is yet friendly and probably
VIII continue 10 DC Tlenuly, ueHlanus lhat Tue Ut
most caution shall characterize each successive
step. Such a recognition Ii should be understood,
would not increase the advantages which are now
accorded TO the insurgents In the purchase OF arms
and while their representatives have clamored for
IL, they have neglected the opportunity which our
open market afioros them to buy munitions OF war
as they please and ship them under sale protec
tion TO any point they please, until they reach
the prescribed line three miles IRON the Cuban
shore, when, II 1t is proved that q vessel Is
engaged in traffic in violation OF Spanish law, she
may be subjected to seizure. The insurgents, II
may be remarked in this connection, already en-
JOY the benefit OF recognition OF bengerent
rights from several South American republics
natural enemies OF Span-put having no seaport,
and being without substantial form OF govern
ment, their nag upon the high seas must be con-
sdered in the purview OF international law as the
emblem OF piracy. IL does not necessarily follow
that either the United states, Great Britain or any