The New York herald., 1874-07-13
THE VIRGINIUS.
Diplomatic Correspondence Be-
tween England and Spain.
The Character Of the Vessel lCannct PaIliate
the Execution Of British sSubjects.
BY mail from Europewe have the following i'm
portant papers, containing extracts from the
British and Spanish correspondenoeSr respecting
the capture OF the virgnius:-
NO. 63.I
BARL GRANVILLE TO Mr.. LAYARD.
FOREIGN OFFICE Fen 20.,l91

BARL GRANVILLE TO Mr. LAYARD.
| FOREIGN OFFICE, Feo. 20r,1s74.
SIK-Her Maesty's government had under their
consideration. In communication with the law
onicers OF the Crown, the correspondence relative
to the execution at Santiago de Cuba, IN Novem-
ber last of the British subjects forming part OF the
crew OF the ''virginius" Her Majesty's government
consider that they are justified IN demanding rep
aratiOn from the Spanish government for the ex-
ecutOn OF the British subjects in question, both in
the form Of national recognition OF the wrong
done, and also Of compensation to the relatives OF
| the persons executed.
| Her Majestys government do not take the
ground of complaining or the seizure OF the .vr-
gintus nor OF the detention OF the passengers and
crew. The real ground OF complaint Her Majesty g
government hold is that even assuming the vessel
to have been lawfully seized and the
crew properly detained, there was no JUS.
tifcation for their summary execution after
an irregular proceeding before drumtead court
martial No possible aspect of the character OF
the "Virginius" and her crew could authorize or
paIliate such conduct the part OF the Cuban au-
thorities. There was no pretence for treating
such an expedition as piracy jure oenttum.
II the "virginius' was to be regarded as a vessel
practically engaged In hostile benigerent
enterprise such treatment would not be justdable.
Much may be excused in acts done under the ex-
nation as well as by an individual. But after the
capture Of the virginus' and the detention OF the
crew was effected no pretence of imminent neces-
sity Of selidefence could be alleged and it the
duty Of the Spanish authorities to prosecute the
Offenders in proper form OF law and to have instt-
tuted regular proceedings on definite charge
before the execution OF the prisoners
Her Maesty's government maintain that there
was no charge, either known to the law OF ma.
tions or to any municipal law, under which per-
sons in the situation Of the British crew Of tho
..virginius" could have been justifably con-
demned to death.
They were persons not owning allegiance to
Spain; the acts done py them were done out OF
the Jurisdiction OF Spain; they were essentially
non.combatants in their employment and they
could by possible construction be liable to the
penalty Of death.
In these circumstances Her Majesty's govern
ment consider that they may properly insist on
full reparatiOn 1or the execution OF the British SUBJ
ects in question from the government Of Spain.
nave, accO rdingiy, to instruct you to address
note to the Spanish government recapituating
the arguments set forth In this despatch, and you
will state that Her Majesty's government enter
tain the confident hope that the government of
Spain. respecting the justice Of those arguments
will lose time In rendering full reparation both
in the form OF national recognition OF the wrong
done to Great Britain and also Of compensation to
the relatives of the British subjects executed.
am, &C., GRANVILLE.
mo- 65.1
MR.. LAYARD TO THE EARL OF DERBY.
MADRID, March 2, 1874.
MY LoRD-In pursuance OF the instructions con-
| tanned in Lord Granville's despatch of the Goth
ult. have addressed note to Senior Sagasta, re.
| capitulating the arguments set forth In that
! foh fbo
tiago de Cuba Of the British subjects forming part
of the Of the "vlrgtnius and stating that Her
Majesty's g0verement entertain the confident hope
| that the government OF Spain, recognizing the
| justice OF the arguments submitted to them. will
lose no time in rendering full reparation for the
| acts of the Spanish authOritle in Cuba both in
! the form Of a national recognition OF the wrong
| done to Great Britain, and also OF compensation
to the relatives Of the British subjects executed.
| I have, &C., A. II. LAYARD.
MI. LAYARD TO FHE EARL OF DERBY.
| MADRID, March 10, 1874
MY LORD-With reference to my despatch OF the
I'd inst. l have the honor TO enclose herewith to
! your iordship translation of the letter have
received from Senior Sagasta on the subject OF the
claim had addressed to the Spanish government
| on account OF the execution Of British subjects
captured In the "virginius." His Excelency states
that the present Ministry have not as yet had time
! to examine into and come to a decision upon
matter of such serious Importance have, &C..
| A. H. LAYARD.
Enclosure In No. 66.]
SENIOR sAaAsrA TO MR.. LAYARD.
MADRID, March 8, 1874.
SIR have received the letter which, in accord
ance with the instructions Of Her Britanni,
Majesty's government, you addressed to me on the
I'd inst with reference to the execution of some O
the British subjects who formed part Of the crew
OF the steamer 'virginius" captured by our nav!
| In November last.
In reply nave the honor to inform Your Excel
lency that the Spanish government has taken int
serious consideration the claim set forth in tn,
aforementioned letter; but tnat taking into &C
count that the capture of the virginius, as well al
all the subsequent events took place under Tn,
previous Ministry, that which is now at the heat
OF AFFAIRS is bound to examine this serious matter
with all the deliberation which its importance de
mands reserving to itself the right OF informing
the government OF Her Britannia Majesty, through
the channel OF Your Excellency, OF the resolution
which 1t may consider most In conformity with tn,
principles of justice and the considerations i'm
posed by the friendly relations existing between
Spain and Great Britain. have, &c,