The daily phoenix. [volume] (Columbia, S.C.) 1865-1878, 1873-12-27

own waters assisting or endeavoring tpI
assist the insurreotion in Cuba; but sHe
has no right to capture sucn d vessel Oh
the high seas, upon an apprehension
that, in violation OF the neutrality or,
navigation laws Of the United States,
she was on her way to assist said rebe-
lion. Spain may defend her territory
and people from the hostile mttuck oil
what is or appenrs to bo an American
vessel. but she has no jurisdiction what
ever over the question AZ to- whether ol
not such vessel is on the high seas in
violation of any law Of the Uuitesl
States. Spain c.nnot rightfully raise
that question US to tho Vir1inins, but
tho United States may. aud. ns l under
stand the protocol, they have agreed to
do 1t; and, governed by that agreement,
and without admitting that Spain woui,.
othcrwise have auy interest in the qres
tion. decide that the Virginius, nL til.
timo of her capture, was without right
aud improperly carrying the American
flag. Very respectfully.
GEORGE II. WILLIAMS,
Attorney General
THE CASE OF THE VIRo1N1us AND
QUEsrloNs NOW ARISING -DlREcT AND
INDIRECT DAMAGES The Attorney.
General. having decided TINT tho F.r
ginius had received an American r.g..-
ter at Now York. in September, 1870
upon the false oath Of the alleged pre-.
tended owner, Patterson, the next step
will be for the Government to proceed
in Federal Court against said vessel,
under the ACT uf December 81, 1892
which declares that in such cIse the
vessel shall be forfeited. It is hardly to
be supposed that the Cuban owners vii!
defend the suit in their own uumes.
There is some reusou to believe that
snch Il result aS this bus been looked
forward to frnIn the beginning of thi.
difficulty. aud that it was the confident
expectation of such solution that in
dnc.l Spain to yield reluctant assent
To the protocol.
One impOrtnnt question wax not re-
ferred to the Attorney General for hi.
advice, and is left untouched by him,
namely: whether the persons connected
with the vessel as her real owners, pas
scngers, &c. have not violated the neu-
trhlity laws of the United States, and il
ls just possible that proofs may yet be
exhibited on this point so clear us to
render prosecu' ions necessary on the
part of the United States The latter
part OF the opinion of the Attorney
General, to the effect that SPUN had,
nevertheless. no right to CAP ture the
Virginius on tho high soas, is clearly
given III order to exclude the conclusion
that the United States are responsible tu
Spain for damages on account of the
hostile operations of the Vlrginius
Such claim is very likely to be made,
and it is thought by some jurists would
be similar in prinolple to the claims 70,
Indirect or national damages preferred
by the United States at Geneva, but 70
Iected by the arbitrators on that occa-
sion.
The Virginius did not commit direct
damages upon subjects Of Spain by cap.
lures OF merchant vessels upon the high
seas The doctrine of the Geneva arbi.
traitors on this point is. that such losses
cannot, by the law Of nations, be re-.
garded as good foundation for an award
OF compensation in computation Of da.
IMAGES between nations, and the tribunal
IN effect relegated that question to the
unexplored field OF the discretion ol
sovereign States. This distinction be
tween direct and consequential damages,
it is supposed, will be an effectual bnr &c
any Spanish claim
1t is not supposed that the claim TO,
money compensation to the families OF
the murdered men will be affected BY
this decision, as the executions we're in
violation Of the treaty of 1892, and in.
excusable on any theory; but it is pro.
bable that distinctions will be made be.
tween those who were citizens of the
| United States and those citizens of an
other nationality, and certainly between
United States citizens and those Cuban.
who had forfeited their parole.
It is probable that there is some ex.
aggeration IN the despatch from Key
West, announcing that there is to be y
| large concentration Of British vessels oi
war in Cuban waters; TINT complications
are expected. md that the British Go
vernment will certainly demand the
punishment of Burriel. II such com.
plications should arise. the British Go
vernment will not treat with the Havana
authorities. but with Spain, as Burrie
acted under general order or decree is
sued by the late Captain General Rodas.
1t is thought that neither this nor the
British Government will insist on his
punishment. if proper indemnity shall
be made by Spain for the families oil
those executed.
There is an idea current here in diplo
l n <ps snI H. l.