The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1874-01-06
The Two Games---BluR at Madrid,
Euchre at Washington.
History Of the Sliding Scale
Of Reparation.

Tho Grounds on Which Attorney General
Buchu Waived the Salute.
WASHINGTON, Jan. ., 1874
The President to-day sent the following Message
70 the Senate and House Of Representatives,
EXECUTIVE CHAMBER,
WASHINGTON, ID. c., Jan. 8, 1874.
In my annual Message Of December last gave
reason to expect that when the fall and accurate
text of the correspondence relating to the
steamer virginius, which had been tee-
Eraphed in cipher, should be received, the papers
concerning the capture Of the vessel, the execu-
zion Of part Of its passengers and crew. and the
restoration Of the ship and the survivors would be
transmitted to Congress In compliance with the
expectations then held out. now transmit the
papors and correspondence on that subject
LITTLE OF THE VESSELS HISTORY.
On the 26tn day Of September, 1870 the virginius
was registered in the Custom House at New York
1s the property Of citizen OF the United States,
ne having first made oath, required by law, that
he was the true and only owner Of the
said vessel, and that there was no subject
or citizen Of any foreign prince or State,
directly or indirectly, by way OF trust confidence
or otherwise interested therein. having complied
with the requisites of the statute in that behalf
she cleared IN the usual way for the port of Curacoa
and on or about the 9TH day Of October, 1870,
sailed for that port. It Is not disputed that she
made the voyage according to her clearance nor
that from that day to this she has
not returned within the territorial Jurisdiction OF
the United States. It is also understood that she
preserved her American papers, and that when
within foreign ports she made the practice OF
putting forth claim to American nationality, which
was recognized by the authorities at such ports.
When, therefore, she left the port of Kingston in
October last. under the nag OF the United States
she would appear to have had, as against all
Powers except the United States the right to ny
that Dag and to claim Its protection as enjoyed by
al regularly documented vessels registered as
part OF our commercial marine. No state OF war
existed cOn1errtng upon q maritime Power The
right to modest and detain upon the high seas q
dOcumented vessel and 1t cannot be pretended
that the Virginius had placed herself without the
pale OF all law by acts Of piracy against the human
race. II her papers were irregular fraudulent
tue offence was one against the laws of the United
States, iustifabe only in their tribunals.
PRESIDENT CRAMPS FIRST DEMAND OF SPAIN.
When, therefore, 1t became known that the vir-
ginius had been captured on the high seas by q
spanish man-of-war, that the American nag had
FSeoSi
had been carried to a Spanish port and that Span
tsn tribunals were taking jurisdiction over the
persons OF those found on her, and exercis-
ing that jurisdiction upon American citi-
2ens not only in violation OF international
law, but in contraventi0n Of the provisions OF the
Treaty OF 1895, directed demand to be made
upon Spain for the restoration OF the vessel and
for the return Of the survivors to the projection
OF the United States, for salute to the nag and
Tor the punishment Of the offending parties.
MODIFICATION OF THE DEMANDS.
The principles upon which these demands rested
could not be seriously questioned, but 1t was sug-
Gested by the Spanish government that there were
grave doubts whether the virgini1s was entitled
to the character gwen her by her papers, and that
therefore, 1t might proper for the United States
after the surrender OF the vessel and the sur
vivors, to dispense with the salute to the
nag should such facts be established to
their satisfaction. This seemed to be reasonable
and just 1 therefore assented to 1t on the as
eurance that Spain would then declare that no
ansult to the nag Of the United States had been
amended. also authorized an agreement to be
made that, should 1t be shown to the satisfaction
OF this government that the virginius was i'm
properly bearing the nag, proceedings should be
instituted In our courts Tor the punishment OF the
OFFENCE committed against the United States. On
uer part spain undertook to proceed against those
who had offended the sovereignty OF the United
States or who had violated their treaty rights.
The surrender OF the vessel and the survivors to
the jurisdiction othe tribunals OF the United States
was an admission OF the principles upon which our
demand had been founded. l therefore had no
hesitation in agreeing to the arrangement finally
made between the two governments-an arrange
ment which was moderate and Just, and calculated
70 cement the good relations which have so long
existed between Spain and the United States.
THE vIRGINIUs SURRENDER.
Under this agreement the virginius with the
American nag flying, was delivered TO the navy of
tne United states at Bahia Honda in the island of
Cuba, on the 10th ult.
SINKING OF THE vIRGINIUs.
She was In an unseaworthy condition in the
passage to New York. She encountered one of the
most tempestuUus Of our winter storms. At the
risk oil their lives the officers and crew placed In
charge Of her attempted to keep her atioat. Their
efforts we're unavailing and she sunk or Cape
Fear.
THE PRISONERS.
The prisoners who survived the massacres were
surrendered at Santiago de Cnba on the 18th ult.,
and reached the port OF New York in safety.
The evidence submitted on the part OF Spain to
establish the fact that the virgnius at the time OF
her capture was Improperly bearing the nag
OF the United States Is transmitted herewith,
together with the opinion Of the Attorney General
shereon and copyof the note OF the Spanish
minister, expressing on behalf of his government
disclaimer OF any intent OF andignity to the Dag OF
che United States. u. s. GRANT
TIE CIPHER CORRESPONDENCE.