The New York herald., 1873-12-05

icderate cruiser was captured and it was rumored
| that the officers ana crew were TO be hae,ed rs
pirates no one raised louder cries against the sup
posed atrocity than the spanish press ana people,
or with greater emphasis applauded the
ALACRIrY AND .SERay or MR.. DAVIS
, IN announcing 10 the United States government
that he held number OF colonies OF lis army for
the safety OF the privateer's men. spain being at
present in . somewhat similar predicament. mas
materially altered the opinion OF spaniards in
general and the press In particular
The following article from La Legn'iddd on ac-
count OF Its views and the manner in which they
are stated, have translated almost entire:-
BY the advices, correspondences and editorials
we nave recently published, re erring to the affair
oil the Virginius, our readers will have seen the
effect which that event has caused In The neigh
boring Republic. and all the advantage which IS
endeayOred to be obtained nom II Dy the CuDan
c1nigTes and those who syInpathize with them on
the one side and on the other. We mean the
popular secretary OF State. Mr.. Hamilton Fish,
aided in their Intentions by the majority OF the
democratic party, which has always aspred to the
annexation OF CUBA, and has always been an active
abett0r o. all nbusterng enterprises organized in
the ports OF the United States Tor that purpose.
Latterly, the news oil the recent executions which
took place at santiago de Cuba, and the number OF
which, BY the error propaqated here. and every
where else. by the journals OF Cienuegos, was
swelled TO ILL., and the excitement OF the New
York press. which has availed itself OF the occasion
TO agtate public opinion among the masses,
arouse the national susceptibility, and by that
means precipitate tue Washington government
into hasty measures, have finally succeeded in
moving the country rom one end TO the other. in
darkening reason. entanging with sophisms and
subleties the question OF law and obging the Pres
dent to certain acts which, although in ms own
mind have no other object than to satisfy with
show OF iorce and power, the exigences OF public
opinion, carried away by pride and cupidity, may
yet happen in cases like the present in which the
least appearance OF threats or insult win wound
the
PRIDE OF HIGH sPIRrED NATION
but little disposed to suffer any foreign interer-
ence in its domestic arairs.
The Madrid kilograms OF the Goth, which we ln-
sert elsewhere IN our columns, respecting the con-
duct OF Mr.. Sickles in following his Instructions
| from Washington and the answers provoked hy
his persistence, and the unlayoraole effect pro-
duced among the population OF that capital BY his
national spirit is excited and in propitous
dition to satisfy exaggerated reclamatons
ment which to-day has the most cordial and
closest reiations with the Spanish Republic, and
which was the first TO recognize 1t officially
although hardly constituted.
/ We however, after having estimated all the cir.
cumstances OF the case and attentlvey followed
all the expressions OF OPINION whether IN the jour
nails OF the Union or in the meetings held in New
York, Philadelphia Baltimore and other cities, and
in the opinions stated by high puDlic functonares
eminent jurists and Senators OF the United States
stll entertain the firm conviction that Gnally
after the claims which the washington govern
ment will feel obliged to present and the question
has been
DISCUSSED ON THE GROUND OF INTERNATIONAL LAW
| and in view OF the treaties (rartculariy that OF
1895, which fixes and resolves In definite manner
several questions OF maritime rights, which the
4 Northern press has raised and discussed without
any knowledge OF the stipulations therein
stated, the act will not give place to
any serious conflict with the neighooring
\ OF settlement being arrived at, instead
OF an armed struggle and the ultima ratior reg'tn,
/ there would always remain as the supreme appeal
the recourse or carrying the controversy before
tribunal OF arbitration, like that OF Geneva, which
put an end 10 a dispute much more grave than
that which can arise how account or the Vlr-
ginius and the execution OF her passengers.
We already know that tine hostile manifestations
made in spain against Mr. Sickles and which un-
douotedy occurred in the days succeeding the
nrst action he made in layor OF the prisoners OF
the virginius were repressed by the authorities.
We further have the most unequiyocal proof tnat
the supreme government as the Cabinet accord
ing to the Madrid telegram OF the lsth had unani-
mously declared its desire TO arrange the question
In an honorable ana satisfactory manner, saving
the national integrity-a resolution which we
nave reason TO believe posterior in date to the
popular demonstration In front OF the Legation Of
In Washington, unfortunately the same calm
ness OF spirit which we have seen predomnating
in the CASTELAR, cabinet has not been shown 10
those elevated regions where the passions oil the
mob should have no influence; but we have reason
enough to believe that the camor OF the people
Will not prevail over the dctares ot Justice nor the
| chase with sacrifices costly enough to It's COM
merce aud disastrous to its treasury any eventual
advantage which war would AFFORD II.
To fix US in This belief the important declarations
contribute very powerfully which 'haye been pub
lished by the New York dailies and those OF sew
eral persons OF great prestige, either Tor their Of
fetal position and their influence or by their
authority eminent jurists and statesmen and
OF which we propose to give slight summary to
readers.
In the first place. should notice the opinion or
the famous jurisconsult, Mr. Caleb Cushing
After stating that according 70 the law OF July 81
1885, the President or the United States can do no
more in cases like the present than ask justice, but
without resortng to war measures, Mr.. Cushing
has cleared up the question OF the capture, show
ing tnat this could be considered legal, although
because 1t is well known that neither her register
nor her nag could protect her, especially II she
captured at the moment OF carrying into effect a
hostile act.
The opinion OF Mr.. woolsey, ex-President OF
Yale College. Is yet more explicit and favorable.
Respecting the fact Of the capture having been
made on the high seas, Mr.. Woolsey Is opportuuely
reminded that the vessels OF the american Union
did the same during the war with the Southern
COnieQeracy.
But the declaration OF most Importance is that OF
the eminent statesman and senator Charles sum-
ner, tired republican. an ardent aDolitonist and
person OF great authority both by his eoquence
and learning, and his unsullied reputation for
austere morality. Invited to attend the grand
meeting at Steinway Hail. Mr.. sumner, in a letter
addressed TO It's prime movers, excused himself,
considering the object tnat mani estatlon unjust
and inconyenlent This letter the Legdlidd quotes
at length and says:-Ihe voice OF the iustrous
Sumner will soou be heard in Congress-, and VIII
contribute powerfully TO dissipate that false atno
sphere raised by vile and vena penny.a-iiners and
When once the question is taken upon the
ground OF international law and IN view OF the
almost lorgotten treaty OF 1885, and the practices
and doctrines sanctioned by antecedents OF all
nations which have ever been in similar excep-
tonal circumstances TO this province, and OF which
all foreign governments were duly notified, since
Ia 1869 the superior government OF the Island pub
lished In the Gazette the conditions which would
have to be observed by foreign merchant vessels
in their traffic with our ports then Will neigh
bors be convinced that, notwithstanding all that
has been said against 1t, state OF war l. not ne
cessary 70 seize upon the nigh seas an armed yes-
sci conducting an armed edit nor is 1T true,
though MIR. Evarts SAID 1t in Stelnway Hall, that
the expedition OF the virgnus IL any different
from tnat OF Narcisso Lopez, qualified as an in
vaslon OF terfitory nor was there any outrage
upon the starry banner IN the capture OF an Amer
lean vessel, which by the law OF neutrality OF
1918, had lost all ri1ht TO the protection OF the
Washington government as therein explicitly
stated.
Remarking upon the news received here by re.
cent kilograms, tnat it was proposed in Spain to
settle the affair OF the vrginius by arbitration,
even stating that the Empe lor William would be