The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1874-01-01
Review of the Terms of Former
Treaties and the Modifica-
tons Now Required.
DECLINE OF AMERICAN DIPLOMACY
Dim Outlines Of the Policy To Be Enacted
Through the New Minister.
Speedy Departure for Madrid with Full
Discretionary Powers.

WASHINGTON, Dec 81, 1879
Mr.. Cushing mas not yet definitely fixed the
time of his departure Tor his new field Of duty. but
has announced to the government his readiness to
presence at Madrid and the high character OF the
nominee will doubtless be recognized by the
Senate by an immediate confirmation.
AN EARLY START FOR MADRID.
Mr. Gushing to-day has given considerable atten-
ton to the various routes for Madrid desiring to
select that which Is the most expeditions. The
route from Queenstown across Ireland and Eng
land to Paris, and thence to Madrid, would con-
sumo Is days without delay, and he thinks has the
advantages Of greater certainty. The French line
to Havre and by rail to Paris, the most direct,
gains nothing In time, and the German line to
Southampton, thence by steamer to Lisbon and
thence by rail to Madrid, has the objection. he
thinks, OF delays in the departure of steamers
from Southampton. The necessity of q speedy
arrival at the Spanish capital gives this subject
considerable prominence IN diplomatic point OF
view.
THE COUNTRY LIKES THE APPOINTMENT.
The universal appreciation with which the APP
polntment OF Mr.. Cushing has been received is in
dicated III the numerous kilograms and letters he
has received from leading men IN the country.
MR.. CUsHING's PROBABLE INSTRUCTIONS
Mr.. Gushing, in conversation with your corre-
spOuucut Lo-udy, Stdlcu LIidb uc udu uOb yeJ re-
ceved his Instructions from the government,
though he had quite largely and promptly received
them from the newspapers and they gave his MIS-
sion a wider range in the subjects OF negotiation
than he thought he would be able to accomplish.
He has had interviews with the President and Sec
rotary OF State, in which the whole question OF the
Virginlus and subjects emanatlng from 1t have
been talked over and an informal reference has
been made to our relations in general but every
thing has been conversational. He presumed the
government would be ready by the time the Senate
acted and he would be prepared to depart at a mo-
ment's notice.
DIFFICULTY OF OUR POSITION REGARDING CUBA.
On the direct point of the present aspect Of the
Virginius complications Mr.. Gushing was retcent,
though 1t was to be inferred from various Obscrva
tiOns during the conversation that he did not have
very satisfactory opinion respecting our present
attitude. AT the time of the capture OF the Virginius
MIR. Cushing remarked that the government must
be sure on three points before demanding the sur
render Of the vessel. These were the right of tae
vrginius to the flag. the place OF capture and her
mission. He also added that the legality OF the Dag
was not always sufficient to protect vessel. as
the courts have gone back OF that In adjudicating
prize cases. 1t would appear from the decision OF
the Attorney General, which declares the posses
sion OF the flag by the virgnus as illegal, that the
government neglected this principal feature
IN the demand for the surrender OF the ves-
sci. 1t is not to be wondered at,
therefore, that the government finds itself
in dilemma which will require the service Of
one so advanced in diplomatic skill and eXpe-
rience as Mr.. Cushing His consent to surrender
profitable and distinguished legal practice for a
wintry voyage across the Atlantic and perplex.
Ing and, perhaps, prOtracted diplomatic negotia-
ton, has only been given in view Of the gravity
and complication OF our relations with Spain,
brought about Dy the course pursued in dealing
with the Vlrglnius.
DIPLOMATIC SUCCESS DEPENDING UPON CAsTELAR's
STRENGTH.
Mr.. Cushing said that our success in finally SET
Ting the Virginlus question depended entirely
upon the strength of CASTELAR, and his govern
ment II it were well established the negotia-
tions he thought, would be snort; but II not, he
thought they would be protracied indefinitely. II
CASTELAR, should fail to maintain himself against
present opposition Mr.. Cushing thought that we
could not expect the feeling Of good will and
disposition to effect not only solution OF the
pending question but the establishment OF endur-
ing and harmonious relations with Spain.
WHAT THE MEETING OF THE CORTEs MAY EFFECT.
Mr.. Cushing further remarked that the COrtes
would meet next Friday, and said that he awaited
the developments there with great interest. II
CASTELAR, receives the support OF the majority he
thought we might anticipate very satisfactory re-
suits In our own affairs. The critical condition OF
the Spanish government, as represented in de-
spatches from Madrid, increases the delicacy OF
the situation with respect TO ourselves. Mr.. Cush-
ing said that there was no certainty in Spanish
affairs at this moment That In addition to the
wavering sentiment Of the population at the Span
ish capital which required no small share OF the
nvA NJ thn thAro
were four civil wars now raging-tne Commune
uprising at Carthagena the Carlist movement in
Navarro, the opposition OF the Cubans and the in
subordination of the loyal inhabitants Of the same
island. He said that in this instance the loyal
were more troublesome to manage than the rebel
lious subjects. He SAID that Castelar, has all these
elements OF strife to contend against, and his
ability to cope with them rests in the support and
confidence OF the Cortes and the quiet of the peo-
ple He thought that Spanish popuace was
much more difficult to manage than French one.
PAST TREATY RELATIONS WITH EUROPE.
Mr.. Gushing, speaking Of our treaty relations
with European Powers generally. said that those
negotiated IN the beginning OF our career upon
the stage OF European diplomacy were far In ad-
vance of our means and ability to carry out.
They were far in advance OF anything which had
been accomplished In that line at that time and we
for the reason that no European government OF
to-day would consent to them. The treaties OF
those days bear the names of some Of the most
eminent statesmen schooled in the controversy
between the e0lonists and Great Britain.
BRILLIANCY OF EARLY AMERICAN DIPLOMACY.
He thought American diplomacy had taken a
more elevated plane than that inspired by the
statesmen Of Europe. and, had the founders Of
American diplomacy been succeeded by the same
class Of men as themselves our part IN this field
would have been extraordinarily brilliant
Some Of these ideas were simultaneous with
the first movements for American independence
| and were in harmony with the great inspiration
in which American nationality was conceived anC
BORN Thomas Jefferson, BENJAMIN Franklin, Sila
| Deane, John Adams, John Jay and Arthur Lee ant
their successors during the first quarter Of thu
present century succeeded in establishing dpo
matte relations which we have been unable to fol
low up. He characterized the early treaties witt