The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1874-01-03
Spain Refuses to Punish the Santiago
SaVageS or to Pay Indemnity.
Final Result of Secretary Fish's Great
Diplomatic Achievement
All Remaining Stipulations of the
Protocol Waived.



Crime-Finnl Result OF Secretary
Fish's Great Diplomatic Achieve
ment.
The question has already been raised by the
Spanish government. through Admiral Polo
whether the sinking OF the virginius does not
cancel the second part Of the proto-
col. This part Of the agreement was
as Observation-Disclosures II On or before the
25th Of December, 1873, 1t shall be made to appear
to the satisfaction Of the United States that the
Virginius aid not rightfuiy carry the American
flag, and was not entitled to American papers, the
United States will institute inquiry and
adopt proceedings against the vessel. II
it is found that she has violated any laws
OF the United States and against any Of the per-
sons who may appear to have been guilty of illegal
acts in connection Herewith, it being understood
that Spain will proceed according to the second
proposition made to General Sickles and COM
municated in his telegram read to Admiral
Polo on the 9th, to investigate the conduct Of
those OF her authorities who have infrnged Spanish
laws or treaty Obligations and will arragn then,
before competent courts and infict punishme--r nm
those, who may have onendeds other rrecinro.
cal Reclamation 70 be the subject VI codsf.s-
and arrangement between the two governments
aho IN case OF no agreement to be the
subject Or arbitration II the constitutional assent
OF the Senate 81 the United States be given
thereto. The State Department by the accepted
opinion Of the Attorney General, agreed that the
virginius did not rightfuiiy carry the American
nag and was not entitled to American
papers; but the virginius is sunk and neither
the vessel nor the owner can be proceeded
against. The Spanish government now contends
that what follows the first part of this agreement Is
consequent entirely upon the compliance by the
United States with the agreement to insti-
tute inquiry and adopt proceedings against
the vessel and that she Ia not now
bound by the terms of the protocol to
in vestigate the conduct Of her authorities, and
whether the Virglnius sunk from stress of weather
or was unseaworthy when she was taken In tow
by the Osspee does not affect the justice Of her
plea nor weaken the objection now made
to complying with the latter part OF
this portion Of the protocol. The objection
is considered by Secretary Fish as serious but he
does not see now he can answer 1t. 1t Is true the
virginius was unseaworthy when received at Bahia
Honda, but the Secretary OF the Navy, under In.
struotions from the President, ordered the vessel
to be towed to New YORK. Immediately.
The order is tnexcusable in the opinion Of
the Spanish Minister. and II we chose to take the
risk Of weather at this season of the year Spain
has equally the right to avail herself OF literal
construction Of the terms Of the protocol. It has
been asked whether the hull OF the Vir-
gin!us was not weakened while In
possession OF the Spanlards That Minister Polo
is instructed does not enter into the merits OF the
discussion. The vessel was surrendered as stlpu-
lated, without regard to condition. though she
may have been In the nlthiest state. All that was
required ~ regard to the surrender was
faithfully observed by Spain. It is understood
that Secretary Fish win not press Q compliance
with the latter part Of the terms OF the protocol
and that q confession from Spain that the shoot.
ing Of Captain Fry and others was neither In &C.
cordance with international law, the comfy Of
nations or fair administration Of law
in Spanish courts will be as spontaneously waived
by the United States as was the salute to the nag
The further question OF indemnity to the families
Of the murdered men may also be waived. The
result therefore, OF our warlike prepare
lions, the expenditure Of SO. 0oO.O and an in-
crease Of the public debt may be briefly
summed up:.-One hundred and tw prisoners fur
nlshed with passage to New York at the expense
of the United States and one vessel called the vir
ginius, sold at auction to John F. Patterson for
$1,000 and conveniently sunk OF Cape Fear.
The virginius Correspondenoe.
The preparation Of the virginius correspondence
will be completed tomorrow, and may be sent to
Congress on Monday next. 1t is represented to be
vouminous
The Edgar Stuart and he Tornado.
Speaking to-day OF the intelligence from Havana
that the Tornado had left that port. and It was
generally reported that she had received orders to
pursue the Edgar Stuart, and II she proved to be
OF the same character as the virgnius to sink her,
gentleman, high In oflcial position. said that the
ignorance or want Of correct Information on the
part Of the Spanish onicers was never more ap-
parent than in this instance, as 1t was known
here that the Edgar Stuart is still at Baltimore,
with immediate prospect eff leaving for any port
OF destination.
Portions or tho Treaty OF Washington
Yot To He FULFILLED.
Secretary Fish has yet good deal Of unfinished
business on hand connected with the Treaty Of
Washington. First, q commissioner Is to be ap-
pointed at once who Is to meet the British COM
missioner and decide whether we should pay the
seacoast colonies anything for the privilege Of
fishing on their shores beyond the benefit which
they will derive from bringing their nsh into our
ports free from duty. Second the distribution OF
the Alabama awards, and third, the payment OF
the claims awarded to British subjects by the
mixed Commission which sat here. for which Con.
gress viii be asked to make an appropriation
OF nearly $4,000, 900 In gold. When all this work
has been done, which will occupy another year ut
least, Mr.. Pish will succeed General Schenck, who
desires to return from London, where he has met
with some pecuniary losses besides his unlucky in
vestment in the Emma mine.
The Cemanche Indians Numbering
Shepherds and settlers.
Captain Charles G. HOOD, OF the Twenty-fourth
infantry, stationed at Fort Mcintosh, Texas, re-
ports to the headquarters Of the army that on the
night OF November 2, . party OF 40 C0manche
Indians attacked Mendiolas' sheep camp. and
wounded Mendioias 80 badly that he was not ex-
pected to live. On the 3oth OF November the same
party were at San Diego, Is miles from Corpus
Christi. where they commenced operations BY
hanging seven shepherds, and left ~ persons
dead In the vicinity OF the rancho, among them
some OF the best and most respectable rancheros
in that section. Proceeding due west the ssvages
threw two men into we'll, at Boryas rancho, one
OF whom had his neck broken by the fall. On the
salado they killed shepherd and wounded
another man. A company of citizens started from