The New York herald., 1873-11-27

waters. The government hestated to seize her and
bring her to the United States OF its own
accord. in the absence OF better proof than the
mere declarations OF Spanish oficers as TO what
she was and what sne had been doing; but should
she come into government possession, IN the man
ner dictated by the President through Mr.. Fish in
his instrucrionsto General Sckles the opportunity
will be presented Of applying our navigation and
neutrality laws to her case in the manner provided
by the laws themselves. This much Is conceded to
be due to Spain should she conclude to condone
her afront upon our national dignity by handing
over the virginius and saluting our nag.
TIE QUESTION OF UNDERWRITING THE OWNERS
OF the vessel, the survivors OF her capture
and the heirs OF those who were shot,
depends upon the determination or the
other questions just indicated. The State
Department is anxious and careful to keep
apart. for the present at least. the questions OF
WHAT'S due from the Spanish government in
igREpARATIoN or OUR NATIONAL WRONG
and the liability incurred with respect to those
affected by the capture, executions and imprIson-
OF the United States. Some OF those on board.
both amsng the dead and the living. were
not, and are not, Americans citizens, and there
is no certainty yet to what demands our govern
ment should maintain as to them. Everything OF
consequence now turns upon the sur
render Of the vessel in proper manner,
and II that should be done the rest will
be plain but tedious sailing. The demand for the
release OF the survivors will be adhered to on the
ground that there was no right in the
commander OF the Tornado to make them
prisoners at ALL The appearance OF Admiral Polo
as the conductor OF the negotiations on the part OF
his government gave great impetus to the prospect
OF peaceful settlement All midnight
THE CRITICAL CONDITION OF AFFAIRS IS UN.
X CHANGED
The Spanish Minister declines to assume the re-
sponslbiiity of acting even as Minister Plenpo-
tentiary. lie will do whatever ne is directed to
DO, but will not permit himself to involve his gov
ernment by his own acts. Our government still In
they should not be enforced. long cable
despatch from Sickles has been received by Mr..
Fish, which cannot be fully deciphered until morn
ing. The CASTELAR, government ask for consderate
delay, but beg that nothing authoritative shall be
promulgated until the issue is forced upon the
Spanish government.
What Would Happen Were the vir-
Eintus nm Am erican Vesscl-Surrendcr OF
M
II Indemnity Were Granted, the United
States Should Consider the Case OF
Americans Only.
WASHINGTON, Nov. 26, 1873.
As it is not customary for governments to pub
licly make known, unless by competent authority,
the progress of negotiations 1t can therefore be
said that the statements regarding an al
legged agreement between Spain and the
United States are, to say the least,
premature. IL is known that our government has
protested to that OF Spain against the seizure OF
the vir2inius while flying the American flag and
the summary execution OF number of the pris-
oners captured, Notwithstanding the efforts OF
Vice Consul to secure a delay in order that our
government might be heard before Judgment
should be pronounced, the conduct of the Spanish
man-of-war and that OF the authorities at Santiago
de Cuba being contrary not only to International
law, but against the comfy which should always
exist among civilized and friendly nations.
STAY OF FURTHER EXECUTIONS
at Santiago de Cuba by order Of the Castelar, gov.
ernment placed the case in a condition Ior settle
ment. This government has already shown TO the
Spanish government, or assumed, that the vir-
gnus, having United States register and carrying
q United States nag was p1inad .JdCie an American
vessel; at least this character attached to her
at the time OF seizure. and hence the United
ownership resided in some foreign party, were
bound to protect the flag she carried The Spanish
government has been afforded an opportunity to
make the proper explanations on these points
and TO justify the conduct OF those acting under
its authority. The nationality OF the vessel set
tled the remaining points will be OF comparatively
easy solution, and these include the nationality OF
the captives. If 1t should be determined that the
virginius was an American vessel In the that
shielded her from capture
HER SURRENDER
would follow as matter OF course, and the firing
OF a salute to flag would not be severe draft
on Spanish pride. A demand for the surrender Of
the surviving passengers and crew, and for suit
able indemnity for the benefit OF the families OF
those slain at Santiago de Cuba, would de-
pend on contingencies, and on the facts
OF the entire question. If such de-
mand were made II could not certainly,
include the families OF those OF nationality other
than our own. Spain has before now delivered
captured American vessels to their owners
through the intervention OF the United states gov
ernment, after long delays, the contests always be-
ing TO the awfulness OF their transactions, and
our government has for many years been engaged
in procuring the release. from time to time, OF
American citizens unjustly imprisoned or deprived
OF their, property in the island OF Cuba, while
insisting upon respect to the United States nag
and the right to navigate the great highways Of
nations without the exercise OF search or other
molestaton. In repeated cases indemnity has
been claimed for the families OF those cruelty and
unjustinaby put to death, the latter OF this
kind being those OF
sPEAKMAS AND wYETH, .
who, several years ago. we're executed at Santiago
de Cuba. While 1t can be repeated that the Span