The New York herald., 1874-07-01
WASHINcT
Indemnity for the San
tiagO Massacre.
THE AMERICAN DEMAND.

WASHINGTON, June 80, 1874.
Tss~ Virginfus Demand "A Crisis
Reached In Our Relations with Spain
Admiral Polo To BE Recalled-Position
OF Our Govern ment.
The announcement In these dispatches that our
government had made prompt, peremptory and
decided demand upon the spanish government Tor
indemnity for the lives OF the Virginius prisoners
slaughtered az Santiago de Cuba and the conse-
quent l0ss to their families, more emphatic tnan
that made by the British government. aroused
anew in this city the feeling which was so preva-
lent during the active war preparation
last fall 1t appeared at hrst incredloie'
but those who sought information from the Sec
retary OF state were informed that the startling
statement was strictly true. Great as has been
the agitation over the publication OF this import
ant fact, 1t will still be more gratifying 70 know
that within the past twenty-four hours the dip
lomatic consideration OF the subject has developed
a more advanced step than was indicated in these
dispatches yesterday. 1t can be stated that our
relations gth Spain are approaching climax.
The action Of fhe State Department has been
throughout veiy firm. and nothing has been done
without consultation with and the unqualified
sanction Of the President. The demand made upon
Spain is imperative Our government will not
| yield nor submit to further temp0riZing. That
which is most to be regretted Is the expected
| call OF Admiral Polo as representative Of the
Spanish government, through whom our diplo-
matte relations IN trying hour were most salts
fact0riy conducted, ana gave promise, by reason
or his native spirit OF conservatism and sense OF
Justice, OF successful termination OF the subject
at issue. 1t is well understood that every gov
ernment has the right to adapt itself to
change OF policy which comes with
change of influences controlling the home
government Minister Polo, throughout the nego-
tations preceding the acceptance OF the protocol
OF November 20, 1873, concerning the Virginius
affair, represented the CASTELAR, government. A
few days after Minister Cushing presented his Gre
dentials as the Envoy Of the United States and
reaffirmed the demand OF our Charge d'Anaires at
Madrid by instruction. that our government would
insist upon prompt settlement OF indemnihca-
tion for the m assacre OF the American citizens at
Santiago de Cuba, came the announcement that
Minister Polo would be recalled.
To this aggravatiOn, as 1t is regarded in Off cal
circles has been added the unreserved and
weighty demand OF Great Britain for satisfaction
for the murder OF subjects. In short, the pre-
vang power in Spain now seeks to traverse the
complaint OF the United States set forth In the
fourth paragraph Of the protocol, which is as
folows:-
Other reciprocal reclamations to be the subject
OF consideration and arrangement between the
two governments, and In case of no agreement to
be the subject OF arbitration II the constitutional
assent OF the Senate Of the United States be given
thereto.
All other parts Of the protocol, on our part, at
least, have been strictly carried out. The Virgnus
was delivered and the surviving prisoners surren-
dered 70 United States authority. We agreed to
proceed against the vessel, which was sunk, and
TO institute proceedings against any OF the persons
connected with the vessel, which the Attorney
General found he was debarred from doing oy the
statute OF limitation. The salute to the flag was
waived on the ground that the virginius did not
lawfully fly the American nag. There then
remains but the other reclamation on our
part for indemnity in satisfaction for the
murder OF the American citizens. Against
this Spain urges that the rebellion in Cuba
has been prolonged through assistance directly
from the United States, by ''aid and cOmfort''
given the insurgents and sets this claim in bar as
o reciprocal reclamation" !" and quite worthy OF
arbitration as the Alabama claims, which were
heretofore without precedent, for adjudication Our
government feels somewhat embarrassed that great
Britain, without any diplomatic cooperation,
should proceed to an unconditional demand for re-
dress, though the interests Of the United States
and Great Britain in this regard are Identical.
It Is granted that the Virginius did
not lawfully carry the American nag, but
our government does not concede that this
gave warrant for the inhuman butchery of our
citizens, which, according to international law
and the amenities OF civilization, was without JUS
tifcatOn. AS the Spanish government has, ap-
parently, through its agent, Burriel, rewarded
those atrocious acts, our government makes the
issue that the interests Of humanity demand some
retrbuton for the crime committed, and will insist
upon the recognition of the laws and customs OF
civilized warfare. Until this Is done our govern
ment is resolved that the other question Of "what
constitutes flbuster and how far govern
ment shall be held respo nsible for the unlawful
and unrecognized acts OF its cittzensP'' shall be
held as a subject OF inferior Importance
The Controversy on tho Authority OF
the General OF the Army-General
Sherman's Letter to Secretary Belknap.
The exact relative functions Of the Secretary Of
War and the General-in- Chief OF the Army have
never, under the present military organization
and peace establishments, been clearly defined.
The unpleasant discussion on this subject, begun
by General Grant in q letter to Secretary Stanton
January 20. 1866, was renewed by General Sher-
man when he was decorated with the martial in
sigma laid aside by the former when he assumed
the civic mantle of the Chief Magistrate and it
has not. unfortunately been yet terminated. The
anomaly existing is serious as to make the
office Of the commanding general OF the army al
most, If not quite, snecure. The Secretary OF
War, In all his transactions OF business with the
army, and the transmission OF his orders
and instructions TO its several branches
and ofncials is accustomed to ignore
entirely the existence OF its immediate
rightfu head. The Adjutant General, strange to
say, is not under the orders OF General Sherman,
but receives and delivers those OF secretary Bel
KNAPP without reference to his nominal chief.
Thus the august position of General created by
Congress- to be filed In succession by the greatest
soldiers In the land instead OF an honorable and
responsible distinction, Is Of ideness and in
action. where the most brilliant military genius
may be sequestered from any real contact with the
activity and importance of public affairs. The rst
letter OF General Sherman on this subject to the
Secretary OF War has already been extensively
published, but the practices OF the War Depart
ment have never been altered. The last communi-