New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1874-01-06
THE VIRGINIUS.
Confused from First Page.


letters Of all treaties.
copy of q telegram from the Foreign Minister ct
Madrid to Admiral Polo handed to Mr.. Fish by
Admiral Polo. Nov 40, proposing an arbrauon anu ne
surrender OF the into the hands Of tho arbraors
1t was added that 1.-The authority ofSpain is respected III
Cuba The evidence is conflicting This ia reason Tor
arbitration. Spain Is acting 10 good faith"
Admiral Polo wrote to Mr.. Fish Nov. 40, incosino
copy Of telegram from the Minister OF State, in when
II said that Spanish authority was respected III
Cuba and that peremptory orders had been issued Inc
following is memorandum OF interview between Az
mral Polo and Mr.. Fish, Nov. II. 1873:
Mr. Fish declines TO submit 70 arbitration the question
OF an ndignity to the flag He is willing to submit a.,
questions which are properly subjects OF reference ne
surprised to find no expression from Spain OF dsap
prova of the hasty executions readiness to release
the vessel and SURVIVORS Arbitration would be post
complete before the assembling Of Congress, Inc
United States strongly desire friendly settlement
Admiral Polo Informed Mr.. Fish Nov IS when ana
where the testimony OF Greenwood and other witnesses
would be taken. Admiral Polo Nov %, Enclosed to Mr.
Fish telegram from Madrid. in which IL was stated
that the reported hostile manifestations against Gen.
sckles not true. Mr.. Fish wrote TO Admiral POLO
Nov "a respecting the proposed examination OF VIII
nesses in New-York. telegram from Madrid to Admi
raj Polo handed TO Mr.. Fish by Admiral Polo Nov
a. asking whether the United States would await the
result Of the investigation by SPAIN whether the fres
dent would submit the question to Congress and ask
for statement Of the points OF ofense in view OF tue
treaty stipulations and international law. Secretary
Fish stated Admiral Polo Nov % lin answor +" " do
msnd why 1t is mpracticable to waio the
reasons why the President must submit the facts to
Congress- and general statement OF the points OF
offense.
telegram from Madrid to Admiral Polo was handed
to Mr. Fish by Admiral Polo Nov. Is, in which was
| said:
The news contradictory 20 right OF Vlrginins TO
carry United States flag 1t may appear that she Is tue
subject OF reclamatUns against United states. spain
susends recamatons, and asks United states 10 DO
the same till facts known. No satisfaction pos
| sible till right 10 demand 1t Established
On Nov. rs Mr. Fish said to Admiral Polo that the
| United States. the interest Of all maritime powers
| including Spain, deny the right of capture OF docu-
mented vessels the high in time Of peace; that
the right to inquire the validity OF papers was III
the power issuing Them which the United States we're
prepared to do that the United States would consider
| the subject Of reclamatOns when the honor Of the
flag was indicated that the identity OF the Vrginius
was unqueslioned, aud that any irreguarlty IN her
| papers, therefore, was merely technical On Nov ~
Mr. Fish read a dispatch from Gen. Sckles saying that
the United States could not accept this proposal ana
that the communication made to Admiral POLO De-
cause II was supposed Gen sckes had lett Madrid The
PROPOSITION was virtually that Spain should hold the
vessel while seeking proof TO Justify her capture Adj
mra Polo asked whether II the vessel be given up in
quries would be instituted by tue United States with
view to the punishment OF any who might be FOUND 10
have violated law of the United States, reservnS
| Mr. Fish consulted the President and accepted the
prouosa IL the vessel and the survivors delivered
forthwith. Tho salute he said, would be dispensed
with Span before Dec 25 satisfies The United states
that the virgnus had right FOL carry the iag In
that case proceedings would be begun by the United
States against the vessel and survivors implicated
Spain proceed in accordance with the second
| proposition o Gen. Sckes.
A telegram from Madrid 10 Admiral Polo was handed
TO Mr. Fish by Admiral Polo Nov. %. in which it was
said that negotiations had been renewed IN Madrid and
that any made would be carried out in Cuba
| A telegram was handed to Mr.. Fish by Admiral Polo
Nov 2S expressing satisfaction at tho happy termina'
ton Of the negotiations protocol Of conference be-
tween DIR. Fish and Admiral Polo was then drawn up
| Nov 90, carrying out the agreement.
Admiral Polo said TO Mr. Fish Dee. that he had not
received instructions for naming the time and place
for surrender he expected them moment
He asked therefore, for an extension of time Mr. Fish
stated to Admiral Polo Dec. that delay appeared I'M
avOidable and would doubtless cease III Few hours;
| the President would then rely upon the Immediate
execution agreement. Mr. Fish stated to Admiral
Polo Dec. that he informed by Gen. sckles that
powers had sent TO Admiral Polo that he was pre-
pared to execute agreement and asked Admiral Polo
| to hour on that day when he would meet Mr..
Fish for that purpose Admiral Polo stated to Mr. Fish
Dec L. in reply that his powers required bm 10 act In
conjunction with the superior authorities OF Cuba and
that he referred the subject to Madrid An agree
ment was signed betweenMr. Fish and Admiral Polo,
Dec 8. 1879 to the time, place and manner OF the
OF the vessel and survivors, and as 10 the
mode of rendering the salute If not dispensed with.
Admiral Polo, Dec. TO- transmitted TO Mr.. Fish
the following evidence i'll order to show that the Viz
ginus the time Of her capture was not entitled TO
carry the flag OF the United States:
FIRST Bill Of sale OF the Solicitors OF the Treasury to
second. oath Of John +. Patterson that he was the
true and only owner said vessel and that there
was subject citizen Of any foreign prince or State.
fphir way n
Third Bond on the issue OF the certificate Of registry
| Fourth: Crew list.
| FiJth: Clearance bond.
| Silh Manifest of cargo.
| Serenh: Masters oath Or clearance
| EtghH: Manifest.
NHith: The deposition OF Francis f. Sheppard.
| Tenth: The deposition OF Francis Bowen.
| Elepenth: Deposition OF Francis Bowen.
| 4,celnh: Deposition OF Charles Smith.
| Thirteenth: Deposition OF Edward Greenwood.
| Fourteenth: Dispositions OF John Mccain and Matthew
| Fifteenth: Deposition OF Thomas Gallagher.
| Sixteenth: Deposition Of Ambrose Rowling.
! Serenteenh: Deposition OF john Furlong
| Eighteenth: Deposition OF Adelfo dc VLrona.
Mr. Fish acknowledged the receipt OF this evidence on
saying that the Enclosure made appear
satisfaction OF the United States that the vrsinus was
entitled to carry the flag at the time Of her capture
that salute would therefore be dispensed WITH and.
In accordance with the of the protocol inquiries
would be instituted and proceedings begun against the
vessel and the persons appearing 10 be guilty OF illegal
| acts connected Herewith
The documents conclude with large mass Of consular
and miscellaneous correspondence including copies OF
the argument with Admiral Polo addressed Secretary
Robson, and requesting that instructions might be
given for carrying out also the opinion OF Attorney
General Williams. Mr.. Fish, Dec. II, transmitted
the opinion OF the Attorney General to Secretary Robe
son and requested that steps might be taken to inform
the proper officers at Santiago that the salute would be
dispensed with. Admiral Polo expressed to Mr.. Fish