Year: 1873




The following is portion of an ar
ticle which appears in the New York
Herald of the 18th Nov, on the Cuban
question::


There are crimes which outrage hui
manity and exhaust the patience OF
the civilized world-crimes which, by
their enormity, prompt the uprising
of vigilance committees and the swift
punishment OF the offenders without
the tardy process of the machinery of
the law. OF such a character is the
hurried butchery at Santiago de CUBA
of fifty-six of the persons captured ON
the Nirginius and carried into that
port by Spanish man-Of-war. The
atrocity of the act is so great as to rem
der it difficult to write of it dispasslon-
ately and with that calmness of judg-
ment necessary in the consideration OF
questions involving great national IN
terests. The first impulse OF the
American people will be to avenge the
murders that have been committed
and the insult that has been offered to
us as nation, by retribution as swift
and terrible as the crime by which 1t
has been provoked. The popular voice
would applaud the action OF the Presl-
dent if lie should send fleet of iron
clads to Santiago de Cuba to demand
the surrender of the Spanish butcher
Burriel, and of the commander OF the
Tornado, to be dealt with according to
their deserts, under the penalty OF the
destruction of the town, and the sink
ing of every Spanish war vessel in the
harbor in case of refusal. The long
list of outrages by which this last
crime had been preceded has deprived
the Spanish rule in Cuba of the SYM
pathy of all Christian people, and the
world would rejoice if its career OF ruf-
fianism and blood should be suddenly
brought to close by the just ven
geance of an indignant nation. But
we have duties and responsibilities
which we cannot disregard, and which
no passion, however natural and how
ever violent, should tempt us to forget.
Our great strength as nation and the
feebleness of the tottering government
which has offered us the insult, render
it the more incumbent upon Us to eX-
ercise some degree of patience and to
be calm as we'll as firm in our demand
for reparation.


Fifty-six of the people found on
board the Virginius have been muir
dered by the Spanish butchers in
Cuba. We nse the term murdered
advisedly; for they had no trial and
were under the lawful protec-
tion Of the American flag, of which
they could not be legally deprived un-
til the Virginius had been proved be-
fore competent court to have been
other than an American vessel enti-
tied to the protection Of the United
States. The evidence that the muir
der was wilful one, committed with
the full knowledge of the character OF
the crime, is proved by the words of
the Governor of Santiago de Cuba,
who declared that the prisoners should
be slaughtered before any outside in
reference could be offered; by the in
Perception of the telegram of the act
ing American Consul at Santiago de
Cuba to our Consul at Jamaica, and by
the cutting of the telegraph wires to
prevent the reception OF any orders to
stay the executions from the Captain
General at Havana or the home gov
ernment at Madrid. There was not a
pretence of law, therefore, to warrant
the killing of the men, and the words
and acts of the murderers prove that
they were sensible that the crime
would be prevented if time should be
allowed for legal interference. Moth
ing that may hereafter be proved
against the Virginius can alter these
facts. But we now have more reason
than ever to believe that the capture
of the vessel was in violation of treaty
obligations and international law,
provided she was of American owner
ship. From all the. accounts of the
time consumed in the chase and the
position of the Virginius when cap
tured, it is certain that she was not in
Spanish waters, but on the high seas
when sighted by the Tornado. Such
being the fact she was not liable to
capture in time of peace, and her case
is precisely similar to that of the Deer
hound. Spain has persistently denied
the existence of state of belllgerency
in Cuba, and a nation must accept all
the consequences of the position she
chooses to assume. There can be no
articles contraband of war if war does
not exist; and unless the Virginus
had been caught by the Spanish au
thorities violating any of the munich
pal laws or regulations of their ports
she was not. according to the argu-
ments of Secretary Fish, liable to
search and seizure on the high seas,
although she might have landed arms
and men on Cuban soil hundred
timps