The New York Herald Newspaper, November 24, 1873, Page 3

THE PENDING QUESTION Admiral Polo Defends Spain and Be- Heves There Shall Be Peace. | The Virginius Not an American Vessel. Contradiction of the Statements That Minister Sickles Was Mobbed. Castelar Interviews the Brit- ish Minister. The Result Supposed To Be That ‘Our Friendly Relations” Shall Continue. A COURT OF ARBITRATION SUGGESTED, NEWS FROM SPAIN. TELEGRAM TO THE KEW YORK HERALD. The Reported Violence Toward Sickles Pronounced False—An Interview for Peace Between Castelar and the British Minister—Talk About Arbitration. MADRID, Nov. 22, 1873. The reports that violence had been offered by the Madrid populace to General Sickles, the American Minister, are pronounced false. OASTELAR AND MINISTER LAYARD IN CONFERENCE. President Castelar had a long conference to-day ‘with Mr. Layard, the British Minister. The result of the interview 1s favorable to the continuance of good relations, A COURT OF ARBITRATION SUGGESTED. ‘The idea of submitting the case of the Virginius to arbitration is much talked of, Should this course be agreed to the German Emperor ts indi- cated as the probable arbitrator, BRITISH PRESS OPINION. TELEGRAM TO THE NEW YORK HERALD. The London Times on the American Domands. Lonpon, Nov. 24—5 A. M. ‘The Times to-day says a demand for the surren- Ger of the Virginius could not with justice be maintained; but the other demands reported to have been made on Spain by the United States are such as England might well join in. ADMIRAL POLO IN DEFENCE, Arguments Why No Insult Was Offered to the American Flag—The Virginius ‘Was Not a United States Vesscl—Bur- riel Acted Only in Accordance With Law—The Telegram from Spain Con- cerning Minister Sickles. WASHINGTON, Nov. 23, 1873, Admiral Polo, the Spanish Minister, who has Aitherto maintained @ strict reserve on the sub- ject of the Virginius imbroglio, accorded to your correspondent an interview at a late hour this evening. The Admiral expressed his opinions fully and frankly on the grave complications which threaten to imvolve this country in @ war with Spain, as he 18 evi- @ently desirous of placing before the American people what he considers the real facts of the case of the Virgimius, knowing ull well that when the question of peace or war comes to be decided upon our Congress and government will be led by pub- Uc opinion. Your correspondent opened the conversation by remarking that it was the accepted belief we were on the verge of war with Spain, Admiral Polo replied :—“Yes; war has stared me 1m the face from the newspaper prints for the last fortnight or so, and I suppose there is a great deal of talk about war; but I doubt very much whether those who are clamoring for it represent the rea! sentiments of the American people at large. There is certainly no occasion, motevena pretext for war, except it be to find employment for the many idle people about New York. Itis said they must be providec for, and therefore war would be a good thing. Perhaps it would, but I think it isa queer way of solving the labor problem.” Your correspondent here queried whether the insult done to the American flag was not agood pretext for war. Admiral Polo said—“There has been no insult done or intended to the American flag, because the Vir- ginius was no more entitied to it than to the flag of Venezuela, and perhaps not quite as much. I ask you, in the name of fairness, shall the great flag of this country serve as a cover for the lawless acts of a set of adventurers who, except as a tempo- Tary expedient, care no more for it than for a mere rag? When the facts of the whole career of the Virginius will be laid before the American people they will look at the case ina different aspect. The Virginius has been engaged for three years in a lawless pursuit. During all that time ehe has not been once in an American port. There is ample proof that she was owned by Cuban insurgents, and py no Mr. Patterson or any other American. It 18 well known that she hus landed several ex- Peditions in Cuba. She took part in the civil war of Venezuela, carrying troops for Guzman Blanco, ‘which fact was enough to deprive her of her Amer- ican nationality, if she had not forfeited It before.”” Here your correspondent said—“As the Virginius had American papers and was cleared by the American Consul at Jamaica, would it not have been well to examine the question of her nation- ality before assuming her to be a pirate and before the wholesale shooting of prisoners ?"” Admiral Polo replied :—‘The Virginius obtained those papers on fraudulent representations, and therefore they were void. The American Consul at Kingston did wrong in clearing her; for the char- acter and real destination of the Virginius must have been known to him as well as the filibusters ‘who manned her. General Burriel, upon whom so moch abuse has been lavished by the American Newspapers, only carried out the sentences of a regularly constituted council of war. It was, how- ever, no mere assumption on the part of the San- Mago authorities that the prisoners of the Vir- ginius were filibuster. They knew it to be a tact They had attempted to land for the purpose of killing loyal DHeovle iM the ialand ayd destroying they NEW YORK HERALD, MONDAY, NOVEMBER 24, 1873.—TRIPLE SHEET. perty. The authorities acted upon that knowledge in enforcing with the utmost rigor the municipal law governing such cases, I deplore most sin- cerely that the orders of the Madrid government did not arrive in time to stop the exe- cutions, Regarding the capture of the Virginius, I am sorry to say that may people in this country have the mistaken idea that the same laws of evidence apply to nations in their dealings with one another as to crimi- nal cases. A statement of a certain fact by one friendly government to another ought to be suflicient evidence. Diplomatic action should not be hampered hy the requirement of sworn aMdavits and other legal instruments of that nature. They are right and proper in criminal cases, but seem like chicanery in tuterna- tional dealings, The American government has been repeatedly notified of the character of the Virginius, Why was she not brought back to the United States and turned into a bond fide mer- chant vessel? Are the present complications likely to lead to awar with Spain? was the next query of your correspondent, Admiral Polo said:—“I believe there will be no war unless the senseless clamor of a few should | prevail over the American government. If you drive the Spanish authorities from the island, which cannot be done 80 easily as some people here suppose, what government would you substitute ? Americans who have lived in Cuba know that the Cubans are incapable of self-government, There remains, then, annexation to the United States, Well, if you must have the island, if that is what you call “manifest destiny,” take it, if you can, but get a stronger case than that of the Virgimius as a pretext for aggression. I do not think it would be generous for this great Kepublic to take advantage of tne dificulties of a struggling sister Republic, although I am of those who believe that a war with a foreign power would have the effect of uniting the whole Spanish nation for the defence of the national territory. Your correspondent then alluded to the reported attempt to mob the American Minister at Madrid. Admiral Poio answered:—‘I am authorized to contradict the whole report telegraphed regarding General Sickles, having received a telegram from Madrid in the following words :— Contradict reports of hostile demonstrations against the American Minister, General Sickles is treated with sincere friendship and respect. Some excesses in the monarchical press have been im- mediately suppressed.” NEWS FROM WASHINGTON. War Feeling Subsiding—Duration of Diplomatic Correspondence—The Con- vention for the Settlement of American Claims—Friendliness of the Spanish Minister—No Violence Done 10 Sickles. WasHINGTON, Nov. 23, 1873. The Spanish question is everywhere discussed with more calmness than it was last week, and the impression seems to prevail to a greater extent than heretofore that there will be no war between the United States and Spain. Itis expected in oficial and diplomatic circles that the correspond- ence on the subject of the capture of the Virginius | and the proceedings which followed will be of brief duration, If this should be soit would be against all experience, fr, among other things, the fact is revived that when THE LLOYD ASPINWALL, a legitimate merchant vessel, was seized by Span- ish authority more than three months elapsea be- fore she was released and restored to her owners, the proceedings to that end extending to the governments of the United States and Spain and the Cuban authorities. Our government, it is known, has repeatedly protested against the treat- ment of citizens of the United States in the Is'and of Cuba, and, owing to the earnest efforts of the Secretary of State, A CONVENTION WAS CONCLUDED between this country and Spain in February, 1871, for the settlement of the claims of such citizens or of their heirs against Spain for wrongs and in- Juries committed against their persons aud prop- erty on the Island of Cuba, or within its maritime Jurisdiction, since the commencement of the pres- ent insurrection, The commission was accord- ingly organized, but has done little business in the way of decisions, owing to the continued disturbances preventing the taking of the neces- sary proofs in relation to some of the most im- portant cases. There is nothing to show that in this matter Spain is not acting in good iaith. One of the most serious complaints 1s that THE PROPERTY AND ESTATES OF AMERICAN CITIZENS ARE ARBITRARILY EMBARGOED, in violation of the provisions of the treaty of 1795. The Secretary of State more than three years ago complained to the Spanish government, through General Sickles, that the Spanish authorities in Cuba seemed to be clothed with absolute power for the commission of such acis as were com- plained of, but when redress was sought this gov- ernment was referred to the distant Cabinet of Madrid, where it was oiten found necessary to refer again to Cuba for information, and the case ‘was thus suspended and delayed, tothe injury of the parties and at the hazard of irritation from delay, of which the necessity was not apparent to the impatient sufferer or to the public. The President had respected the Spanish claim of | sovereignty over the Island of Cuba during the present contest against a strong sympathetic pres- sure Irom without, and it was added, that Spain owed it to the United States, as well to her own traditional sense of justice, that her sovereignty should not be used for the oppression and injury of the citizens of this Republic, and in this connec- tion our government expressed the nope that the arrest and embargoes complained of would not recur and that immediate reparation would be made for those that had taken place, THE RECENT CAPTURE OF THE VIRGINIUS, sailing under the American flag, and the summary proceedings at Santiago de Cuba, without giving the United States an opportunity of being neard as a party interested, are the cause of the present naval preparations to prevent the recurrence of similar acts by being ready to compel respect to our flag and to guard our citizens, either in Cuba or on the seas from arbitrary arrests and spolia- tion of their property. THE TONE OF THE SPANISH MINISTRY continves friendly, and a disposition is manifested to act in ali matters in controversy in such a way as will preserve peace between the two nations, The only important communication received to- day from Madrid was by the Spanish Minister, Ad- miral Polo,who communicated the contents to Sec- retary Fish, The Spanish Government contradicted the report of any hostile mantiestations against the American Minister, and say that General Sickles fs treated with consideration and respect; that some intemperance of language of the mon- archical press was promptly silenced by the threat of immediate punishment, and that the Minister of the Colonies reports from Havana that the res- toration of embargoed property to American citi- vens is being diligently proceeded with. The New England Senators Opposed to War with §; Opinions of or Mitchell and Speaker Blatne, WASHINGTON, Nov. 23, 1873, ‘The indications are that the New England Sena- tors will be opposed to any warlike measures against Spain, and insist upon some mode being adopted which will bring about a reconciliation be- tween the two countries, Mr. Boutwell’s speech, deprecating war, and Senator Sumner’s letter to the New York mecting, gppoging hostilities as fatal tothe continuance of the Spanish Republic, is looked upon as evidence of the pacific determina- tion of their colleagues trom New England. Besides which, those now here from that section have ex- pressed similaropinions, The controlling influence for this course 18 the belief that a war would very materially injure the commercial interests of the Nortl tern States. SENATOR MITCHELL'S VIEWS, Senator Mitchell, of Oregon, said that as anew member of the Senate he hardly cared to have his opinions published, He had, however, no hestta- tion in characterizing the action of the Spanish colonial authorities as outside of law and a shame to humanity. The Virginius at the worst was buta blockade runner and could not be classed a8 a Ppiratical vessel; but even pirates were entitled to a fair trial before execution. In the whole civilized world the worst of criminals were accorded such rights, but in this case both leaders and crew were brutally massacred without a proper trial, for the drumhead court martial which pretended to sen- tence them could not, in any Sense of the word, be deemed a legal tribunal. First, the status of the | vessel should have, been established by & civil court, and pending this no proceed- ings could legally be taken against those captured aboard of her. If she was not Mable to seizure the prisoners were not properly in the hands of the Spanish authorities, and would have had to be released. If the vessel was a lawful prize, then the Criminal Court could have proceeded against the prisoners and held them to a strict account for their acts, Whatever penalty had been thus inficted the United States could not have complained of. All the forms and requirements of law would have been complied with. Spain would have upheld her authority, ana the example would have had the proper eifect, It would have shown that, while she was ready to act firmly and energetically in pun- | ishing those who were proved to be assisting the Cubans in revolt, nothing was to be done hastily or against international law. What has made the people of tae United States so infuriated is the | brutal ferocity and bloodtnirstiness of the Spaniards, No chance was given the poor victims to have a word said in their de- fence, They were sentenced to death without a hearing. Not alone is the sanctity of our flag Involved inthis question, but humanity demands that some steps should be taken which will effect- ually prevent the repetition of such an outrage, He had confidence that the administration would be true to itself and the country in its action, and would be strongly sustained by Congress, MR. BLAINE’S OPINIONS, Congressman James G. Blaine, who expects to be re-elected Speaker, arrived here this morning, but was not at home to the numerous callers who | visited bis residence. He was asked by an inti- | mate friend if he had yet prepared the list of com- mittees of the House, in anticipation of his being chosen Speaker, and replied emphatically that he had not, Many important interests have to be consulted before he could determine how the com- mittees should be organized, REVERDY JCHNSON’S VIEW OF THE CASS, High Handed Outrage by the Span- iards—Law and Justice Demand a Friendly Settlement. BALTIMORE, Nov, 23, 1873. In a letter addressed to the Baltimore American, after stating reasons for his silence hitherto, Reverdy Johnson gives the following opinion on the Virginius case :— In common with civilized men everywhere, I thought, and still think, that the execution of those who were captured on board the Virginius was barbarous in the extreme and a gross outrage on the sacred laws of humanity. But the capture of the vessel and the subsequent conduct of the cap- tors involve questions which I think by no means suited to the discussion of town meetings, but which should be lett now to the deliberation of the Prest- dent and Cabinet at the counci board, where a just conclusion is most likely to be reached as to what the rights and the honor of the nation demend, ertainly no one can reasonably doubt that the ao to secure the one and to vindicate the other. Such meetings, therefore, as have been and as are proposed to be held seem to me to be unjust to him, because, though not 80 intended, they imply an apprehension that he will uot be equal to the emergency unless urged by the voice of the people. For this reason 1 declined being presentat the late meeting at the Maryland Institute, and would also decline to participate in any other meeting, PRESENT OPINION, With permission, however, I will as briefly as! can give my opinion upon the question which properly grew out of the capture of the Virginius and what followed it. First—Was the capture a legal one? From the beginning of our government we have insisted that an American vessel, regularly documented and carrying our flag, cannot in time of peace be visited or searched on the high seas, It was mainly for violation of this doctrine that the war of 1812 with England was ceclared, and although at the termination of that war the claim of England was not formally renounced, it was practically abandoned and has never since been acted upon. The im- munity of a vessel carrying the necessary documen- tary papers and flag rests upon the theory that the ocean 1s open to all alike, and that a vessel of any na‘ion, while in that element, ts, in con- templation of law, a part of its national territory and as exempt from invasion as the sotl itself. The treaty of Washington of the 9th of Au- gust, 1842, negotiated between Mr. Webster and Lord Ashburton, contained an article which tie British government supposed our government re- garded as a denunciation of the right of visitation and search. ‘There was a passage in the annual Mes- sage of President Tyler to Congress next succeed- ing the date of that treaty that created this im- pression, and under it Lord Aberdeen, then British Secretary of State for Foreign Affairs, sent a despatch to Mr. Fox, the Minister at Washington, to correct the supposed error according to the view entertained upon the point by Her Majesty's govern- ment, and requested him to read it to Mr. Web- ster, Secretary of State, To this communication Mr. Webster, on the 28th of March, 1843, replied in a letter to Mr. Everett, our Minister at London, His Lordship the Eng- lish Secretary in the despatch referred to had en- deavored to draw a distinction between the right of visitation and the right of search, and stated that the latter right was a belligerent one and could never be exercised in time of peace. I quote bis language :— The undersigned again renounc he has al- ready done in most explicit terms, any right on the part of the British government to search Anierican vessels in time of peace. The right of search, except when spe- cially conceded by treaty, is a purely bel- ligerent right and can have no exist ence on the high seas during peace. And, even in advocating asserted rights of visitation, His Lordship said that the sole purpose of the claim was to ascertain whether vessels visited were ‘what their colors announced,’ and were really American or not, and that in case of loss or injury sustained by any vessel so visited and ascer- tained to be American his government would afford a prompt reparation. Mr. Webster, in his letter, after clearly refuting the imaginary distinction between visitation and search and denying either right, stated that the government of the United States fully admits that its flag can give no immunity to pirates nor to any other than to regularly documented vessels, The American princtple, then, as here announced, 1s that a vessel hav- ing legally our fiag and documents is absolutely protected against either visitation or search, no matter what may be her cargo or object of her enterprise. This correspondence seems to have extinguished the English claim of visitation. Certainly it has never since been asserted or exer- cised, whilst the right of search has been in terms surrendered. It may therefore be said that if THE VIRGINIUS had our flag and was regularly docamented as an American vessel and was on the high seas when captured, her capture was illegal and contrary President will do all that he constitutionally can | to public law as understood, it 1s believed, not only by England and the United States, but by all other nations, including Spain, Whether the Virginius was thus possessed of the flag and documents or had obtained them fraud- ulently, or was using them for an illegal purpose, are matters for inquiry, which our government has no doubdtalready made. It will be no justification of the capture that the object of the enterprise was to render assistance to Cuban insurgents. If that was the case the offence at the time of capture wasa violation of the neutrality iaws of the United States, and not of the sovereignty of Spain, and the United States alone possessed jurisdiction over the subject. We should abandon our sovereignty if we permitted Spain or any other nation to capture vessels of the United States because they may, atthe time of such cap- ture, have violated our laws. The capture of this steamer on the high seas then was as gross DISREGARD OF THR AUTHURITY OF THE UNITED STATES as it would have been if the Tornado had seized her in the harbor of New York, and she was as much under the protection of our government in One case as another, CARRYING THE SHIP TO A SPANISH PORT, IfTam correct in the above view the next point is, Had Spain a right to carry the vessel into a Spanish port? Clearly she had none? Her doing so Was but a continuation of the original wrong, and was an equally palpable and indefensible outrage upon our sovercignty. But, conceding that at the time of capture the vessel was not upon the high seas, it is not pretended that she was in Cuban waters, within a distance of one league from the shore, and had, consequently, subjected her- self to the jurisdiction. When captured the only offence she had committed was one against the United States. Supposing that she contemplated landing men and arms in Cuna in aid of the insurgents, it was but an unexecuted purpose, as wholly so as when she left New York. This purpose she might have aban- doned; and if she had, no wrong whatever would have been done to Spain. She, too, was lable to capture by an American man-of-war, and to be brought “into the United States for judg- ment for a violation of our neutrality laws; and then, also, no offence would have been committed against Spain or wrong done her, Can it be doubted that the steamer before the cap- ture, or even afterwards, while being carried to Cuba, could have claimed proteetion of any United States man-of-war, or that 1t would have been the duty of the latter, if present, to have prevented her capture or to have xecaptured her, and by force, if necessary, That this would have been done by any of our naval of- ficers, may, I think, be considered certain. WHAT WOULD HAVE ENSUED, If it had been done could Spain have justly com- plained? Would our government have rebuked the officer? On the contrary, would he not have been accorded praise for protecting an American ship and maintaining the honor of the American flag? The illegality of the capture of the Virginius by the Tornado and the responsibility of Spain for the consequences seem to be too plain for serious controversy. Third—The atrocities committed on the crew and passengers of the ill-fated steamer, independent of the sacred laws of humanity, were withoat justifi- cation or excuse under the public law of the world. Not having been legally captured, they were not prisoners of war, and were as much ex- empt {rom the jurisdiction of Spain as when they stood upon American soil, and Spain 1s, conse- quently, as responsible to the United States for their execution as she would have been if she had gotten possession of the men by invasion of our territory. What shall be the measure oi the re- dress jor these wrongs may be safely left to the judgment of the President. The dificulty should NOT LEAD TO A WAR with Spain. it is almost impossible to imagine that the great and good men who are at the head of that government will hesitate to render every in- demmity for past wrongs and security for tne | future maintenance of our rights aud vindica- tiogof our honor. President Castelar is well known as an enlightened statesman, and one who is firmly attached to the republican great talents firmly to establish and preserve. If prompted by no higher motive, he cannot fail to see that an unrighteous war with the United States would have the tendency to frustrate his patriotic designs; and President Graat, equally just and patriotic, and necessarily tinued, will avoid demanding of her any apology or indemnity inconsistent with her rights and honor and not necessary to maintain our own, remain, with much regard, your obedient servant, REVERDY JOHNSON. ANOTHER LEGAL VIEW OF THE CASE. Opinions of Dr. Woolsey, of Yale Col- lege. New Haven, Conn., Nov. 23, 1873. The following views were presented by Dr. Woolsey, at the law school on Saturday noon, con- cerning the capture of the Virginius and the treat- ment of her passengers and crew, in the light of international law:— The recent case of the Virginius presents itself to us under two aspects :— First—The seizure of the vessel was irregular, or is claimed 80 to be. Secondiy—The cruel treatment of the persons, or of some of the persons found on board, calls for our attention, ‘These two points have no necessary connection. The seizure would have had just the same legal or illegal character if the captured persons nad been spared. If we could show that the proceeding in carrying the Virginius into a Cuban port was Tight, we might fail to show that there was any humanity or right in whatever was done after- ward, As this last part of the transaction 1s most easily disposed of I shail endeavor to despatch it in a few words, Asa general rule, THE INDEPENDENCE OF NATIONS implies that they are the sole judges each of them as to what their laws and punishments shall be, and to a considerabie extent as to their usages in war, Nations control each other, however, in the usages of war by retalfation and to a degree by treaty. But let there be some wholesale cruelty practised in extreme severity toward prisoners, or the treatment of rebeis as traitors, or of insurgents privateers as pirates, or let the laws and feelings of the a people 80 sanguinary towards insurgents that they give no quarter, and it will instantly arouse-+the sensibilities of the world. Other na tions will justly remonstrate, and if unheeded may take further steps. Thus, if in our late war we had treated the prisoners taken from the Confede- rates as traitors, Great Britain and France, ior instance, might rightfully have interfered to put an end to such proceedings, either by threats or by actually recognizing the Coniederate States asa nation. The cruelty of the Turks towards the Greeks led to the interference which ended in the battle of Navarino and the recognition of Greeian independence. Dr. Wheaton says 0: these trans- actions that the Christian powers were eminently justified in their interference to secure a whole nation, not merely from religious per- secution but from the cruel alternative of being transported {rom their native land into Egyptian bondage or _ exter- minated by their Merciless oppressors. the prin ciple of this measure was fully justified by the great, paramount law of self-preservation, The interference of the Christian Powers to put an end to this bloody contest might, therefore, have been.safely rested on this ground alone, &c.— Elements 2, page 1, section 10, But one might ask, 18 NOT SUCH A MEASURE A VIOLATION OF NATIONAL SOVEREIGNTY? Undoubtedly it is, It is an extreme measure, allowable oniy in extreme cases, and therefore dangerous and onty to be applied with the utmost calmness and moderation. But we canuot get rid of such interierences now that the intercourse of Christian States is soclose and the conduct of each nation is felt and judged of by the enlightened sense of all their peers throughout the worid. Now, whether one case of inhumanity. and that @ result of judicial trial, would call for remonstrance or for more, so long as there is no danger of ita repetition, ts a int which want of a complete knowledge of the circumstances puts it out of our power to decide. It may be that the just wrath of the Cubans against long-contin- ued insurrection, fed trom abroad, calied for an exampie, It may be that a fiendish spirit of savage cruelty, going up from the populace to the Court, wreaked itself in ahorrible way. I leave this to be decided by those who can get greater light and more reliable accounts than have come tome. The other part of the subject is THE SRIZURE OP THY VIRGINIUS | UnQn the high bead, Were thy papers suMficient to form of government which he is now using his | desirous that the Republic of Spain may be con- | require that the vessel should be allowed to go on its way? Was the reasonable ground that the Spaniards had to believe that the vessel was really bound to the neigtbor! of an insurrection in order to aid in it—was this, I ask, enough to au- thorize the seizure of the vessel and the carrying | of her for trial into @ Cuban port? In regard to | the circumstances, we must here take much on faith, but the character and destination of the | vessel seem to be admitted. WHAT WAS THE OFFENCE OF THE V is the point which we would examine. we have | @ correct understanding of its character, the offence was not piracy according to the law of na- tions; for there was no animus furendi and no in- | tention to do anything except to transport certain men and goods from one port to another. It was not treason, of course, for any but the Spaniards who were on board and engaged in the enterprise. It was not a breach of biockade, for there was, as I understand, no blockade, it’ was not technically carrying contraband of war, for there was not techuicaily any war. It ts dimeult {6 define the ctifie, but If Was 4 very great crime; no other than foracaptain and vessel to be en- | gaged in doing what was really a hostile act. Even More than carrying contraband, it was carrying oficers of @ high rank in the rebellion as near to the scene of armed contest as possible. Tne crime was not piracy, at least accorcing to the law of nations, ainongs possibly ptracy by Spi in law, It is to be observed, also, that the | vessel, although nominally American, seems to have belonged to Cubans and to have been engaged in no regular commerce. Now, in such @ case as this, do the ordinary laws respecting the right of visit and capture apply? It seems to us that this is an extreme case, which the ordinary law of nations does not meet, and that the Spanish Cap- tain of the Tornado was put io & necessity of Gere the cantore for the sake of the peace of the isiand, It was a case of necessary self-defence for preventing war. ‘There is another case outside of ordinary law by which this may be illustrated. THE STEAMER CAROLINE, 1n 1837, was employed by some Canadian insurgents to carry men and ammunition across the Niagara River. This being discovered, an expedition was peroared to capture and destroy the vessel on the nadian side, but did not reach it until it had re- turned into New York waters, There was great indignation felt at this proceeding, which involved ‘a violation of neutral territory, besides other acts similar to those that occurred in the case of the Virginiug. In the correspondence to which this act gave rise Mr. Webster said that such violation | of neutrality conid be justified only by a necessity of sell-defence, instant, overwhelming, having no choice of means and no moment of deliberation. Lord Ashburton contended—this was in 1842—that ple ols existed, and regretted that no explanation of the act was made at the time of its occurrence, Can any one doubt that @ strong nation—that the United States, for instance—would have preferred to take the of Sorin in an irregular way rather than allow such an expedition to come into its territory. It seems idle to try to juage gach cases by ordinary rules. In the present instance the Spantards could not Say there was instant, overwheliuing necessity for ee Faeroe but they could urge that they were practically invaded by their own insurgents, that itwas necessary to selze the vessel while they could, as otherwise the insurrection would assuine new proportions; in short, that the violation of neutrality was necessary and that the circum- stances called tor instant action. ANOTHER CASE, from which we can draw illustrations {s that of Koszta, who, having already made the usual decla- ration preparatory to being naturalized, was seized in Smyrna, when provided with a passport there by the American Consul, taken by the boat’s crew of an Austrian ingate and putin irons. It was re- orted that he was to be removed by he = Austrian = officials at Smyrna into Austria, and the captain of a public vessel of the United States prepared to resort to force unless ne were released. This led to his being ut under the protection of the French Consul an- tl the governments which were at issue could agree. Now, would it have been in accordance with international law to use force in protecting him? Certainly not in ordinary cases, but here was an extreme case. Turkey was passive and im- potent, and could afford no protection. If Kostahad not been helped at this moment he could not have been helped at all. The necessity Justified, as it seems to have done in the case of the Virginius, Here, let me ask, what have the Consuls of the United States been accustomed to doin the West Indies im such cases as this of the Virginius? Do they think it their duty to give the omMcial papers when they know that the transaction is utterly illegal’ and, if this were 80, I state it Hr eo Rnatealles would it not show to | the Spaniards that no relfance could be placed on our anthorities in those waters to protect them | against allowing expeditions really warlike to pro- | ceed under their Very eyes against Cuba. You will see that this is in some respects a pecu- | liar case. There is no war in Cuba, and yet there is war. The Virginius was an American ves- yet not an American vessel. | Al the defence of the vessel rested on sham, and | the state of things in Cuba was inone sense @ | sham. The only reality about the matter was the | | terrible one that broke through the shams, that | said, “this vesssel means war,and we mean to take | it lor what itis; would you have us give up our Tight of seli-deleuce agatust war for a sham?!” | There 16 @ condict in case between unjust and ua- lawful justice. A weak nation must be very care- ful how it breaks through the fine network of what | 1s lawful; bot a strong nation will do it and take } the consequences. | to be in a@ state of armed insurrection and an American vessel to be engaged in carrying | irom some port of Spain 1mportant Irish leaders, a8 | well as ammunition and money, does anybody be- lieve fcr a moment that the government of Great | Britain would hesitate to arrest the vessel when | there was great risk that a half extinguished rebel- lion wonid be lighted up again by the arrival of the | new ineans of war and new sympathizers? I ime pute more solid sense to Great Britain. NAVAL PREPARATIONS. Affairs at the Washington Navy Yard=— The Stores of War Material on Hand= Progress of the Preparations—Defence of the Capital. WASHINGTON, Nov. 23, 1873, The preparations of the government to meet any contingencies that may arise out of the Cuban | complications are being pressed with the utmosc | vigor at the Washington Navy Yard, as well as at ' | other yards along the Atiantic coast. Belore the late civil war the Navy Yard at this point was one of the most prominent, some of the larger frigates of the old time having been constructed here, Among these might be mentioned the Brandywine, famous for having carried Lalayette back to France on his last visit to this country. During the war the exposed condition of the Navy Yard at Norfolk and the proximity of the Washington yard to the Southern coast devolved upon it a new and important branch of navai work. New shops of large capacity were erected for the purpose of carrying on the manufacture of the various descrip- tions of naval machinery, including iron gun car- riages of the latest patterns, marine boilers, engines, &c., vast quantities of which were turned out to supply the necessities of the biockading squadrons on the extensive line of the South At- lanticand Gulf coasts. A large foundry was also con- structed capabie oi turning out any quantity ofthe largest castings required for ships of war. Some of the largest lathes in the United States are to be found in the machinery department. Tne labora- tory has the capacity to turn out an immense amount of its peculiar work. There are also two large ship houses, one provided with a marine railway. Since the war, with the exception of short intervals, but a comparatively small amount of work has been turned out from the yard. A | sufficient force has aiways been kept engaged upon such work as was absolutely necessary to the ex- igencies of the service. MATERIAL ON HAND. At the close of the war the government found itself in the possession of enormous quantities of material of war, which were further increased by the dismantiement o! vessels put out of commission, Many guns of the heaviest calibre, including Parrotts, nine, eleven and fiiteen inch Dahigrens, howitzers and broad mouthed mortars. Tiers of snotand shell were stored in the Navy Yard, the guns and shot being regularly painted and other proper precautions being taken to preserve them from the effects of time and temperature. All of this material is avatiable for immediate use. The powder magazines are abundantly stocked with that explosive compound, REVIVAL OF OLD SCENES. The quiet routine which has generally prevailed | Waiters, &c., | foree of marines has been increased to such an Suppose a part of Ireland | large supplies of equipments and other steres, which are now being daily snipped to points where most needed for the fitting out of the vessels des- tined for Cuban waters. THE YARD BEING 4 RECRUITING RENDEZVOUS, a large number of applications have been received by the executive oficer who 1s in charge of the recruiting. Most of those who desire to enlist in the service are landsmen, but this 18 not the kina of material requirea at the present juncture, and as a consequence they are rejected. Al! good sailors who may present themselves are enlisted at once. The colored element seems to be unusually patriotic, the number of those who daily apply, wishing to serve their country as cooks, scullions, being suiicient to man a irigate. The extent by recent enlistments that the barracks of the corps are inadequate to accommodate the new recruits, which has necessitated the temporary occupation of the chapel at the yard for quarters, A detachment of seamen was taken on board THE RECEIVING SHIP RELIEP yesterday, The Relief is one of the oldest vessele of her class in the service. She was the storesnip of the exploring dition of Commodore Wilkes to the Southern Hemisphere in 1838-42, She has been housed over at the yard for some time, but the housing is to be removed and she will be put in commission to sail for Key West. VESSELS AT THE YARD. The Shawmut, screw steamer, carrying three guns, is being calked and will be ready to sailin @ few days. There are three iron-clad monitor rams at the yard—the Monvauk, two guns; the Piscataqua, one gun, and the Hero, one gun, As yet nothing has been done upon these, but if the necessity arises they will be put in complete order and be used as a guard for the patrol on the Potomac River and the Chesapeake Bay, for which service they are eminently adapted, These vessels, while capable of effective service for harbor defence, are not suitable for sea service. The Montauk, which figured frequently in the late war, has numerous marks of her engagements, her turret and deck showing many deep indenta- tions. Torpedo -vitachments will be placed on board of each of these vessels if their services should be needed. An important feature with these vessels 1s that they can operate with. their torpedces at night. Large vessels in making an attack cannot move with safety at night in riv- ers or harbors, ignorant as they would be of the channels and of the location of obstructions. Lying at anchor, the littie monitors, under cover of dark- ness, could approach them almost unseen, and use With deadly effect their submarine destructives. Independent of these monitors the defence of Washington would be doubly assured by the use of channel torpedoes and elaborate obstructions now ready tor use, the fortifications already existing, and by the adoption, if calied for, of additional water batteries, A Basy Sunday at the Brooklyn Navy Yard—The Colorado Coaling—*Don’t Give Up the Ship”—Spanish Caution. In accordance with the spirit and letter of the old axiom, “Necessity knows no law,”’ the Sabbath was not one of quiet, peace and rest at the Brook- lyn Navy Yard. While the good people ot the City of Churches were wending their way to their re- spective houses of worship in the morning & rep- resentative of the HERALD made his to the great naval depot, and presenting his pass for admittance to the officer of the guard at the York street gate was duly admitted to the precincts of the yard. The first object which attracts attention is the steam frigate Colorado, which lies at the dock at the joot of the main street inthe yard. Here, on the dock, was noticeable the tall figure of Rear Admiral Rowan, who, in the plam gard of a civilian, was standing and giving instructions to the chief of the equipment department. Stepping on board the frigate the writer met the gallant commander, Captain George M. Ransom, executive ofticer of the yard, who is pushing the work forward on her with all possible despatch, with a view to having her ready to go into commission the duy Congress meets—Vecember 1, one week trom to-day, There were two coal barges on the starboard side of the Colorado, from which fuel was being hoisted and | emptied into the capacious bunkers of the noble ship. On the spar deck a large number of riggers were making taut the “iuttock shrouds” and other gear, ‘singing Sams’’ (psa!ms), a8 Was Wit- uly remarked. The gun carriages are all on board, and the planking oj the decks has been newly scoured with rosin. She will probably reccive her battery of 45 guns on Saturday next. On the combing of the quarterdeck is the memorabie Motto of Captain Lawrence—“vou't give up the ship.’ American sailors never surrender, bul the words are appropriately inscribed as a reminder to recall the glorious annals oi cur navy. On the Minnesota’s machinery there were men employed, but in no other part of the ship. Tnere was aiso a force of machinists at work on the Roanoke and on the Florida. This latter vessel will carry a battery of 149-inch and 2 11-inch guns, She is now lying at the dock, near the Swatara. Her housing will be tuken off to-day, und she can be made ready for sea in three weeks’ time. Tne Admiral’s flagship, the Frolic, is ancnored in the stream off the yard. She will assume greater im- portance as the harbor fleet grows in proportion toa war footing. Admiral Rowan is exceedingly reticent upon all subjects connected with the busi- ness of the yard. The monitor Dictator arrived last evening, and work will be commenced on her this morning. There are about 400 ‘blue jackets” on board the receiving ship Vermont, Religious ser- vices were held there yesterday by the chapiain of the ship. Recruiting for the marine corps has been resumed. The Captain of the Spanish tron-clad steam slo ot war Arapiles, lying on the dry dock at the yard, yesterday made a minute and thorough inspection of his ship and the progress of the work of putting on the iron plates. She will leave here early next | month for Cuba. There was divine service oa board the Arapiles yesterday, as usual, ut which all the officers and crew assisted. They have be- come very strict with regard to the admission of visitors, allowing nobody on board but oilicers in uniform, They still contend that there will be no war between the two republics, but that the Spanish authorities were correct in their treatment of the Virginius. One thing is certain, they bave grown more noisy and patriotic on board the Spaniard, and are given to cheering lustily when- ever their flag is hoisted at the peak, In the workshops o/ the yard mechanics were busy as “najlers,”’ and not since the war furry for the Union has the Sabbath stiliness been so ruth- lessly invaded upon this station, Philadelphia Navy Yard—The Manhat. tan and Powhatan Left—The Terior and Canandaigua Progressing. PHILADELPHIA, Nov. 28, 1873, The Navy Yard peopie have been doing wonders and can claim the credit of having sent the rst monitor to sea, as the Manhattan left the dock yesterday and went to Fort MiMfin to take in her powder, The Powhatan left this evening to join and convoy the Manhattan. The Pinta also left this evening for Fort Miffinto take in ammu- nition and will start to-morrow for Key West. The Navy Yard has been alive to-day with workmen, and the business on the Ajax, Terror and Canan- daigua is rapidly progressing. Arrival of the Vicksbu: Newport— Supplies Shipped to tie ssoston and Philadeiphia Navy Yards. Newrort, R. 1, Nov. 23, 1873, The United States steamer Vicksburg arrived this morning at the torpedo station with supplies. The order to await the arrival of vessels to take, them on board here has been revoked under tho: present circumstances, and they are being con~ stantly shipped over the raiirodd to tne Boston and Philadephia navy yards, minus, bead RL combustible material connected therewith. u- @ few days to take command of thet sual activity prevails. Commandant Simp: 5 leave here in Franklin, Arrival of the Worcester at Key Wests at the Navy Yard for the last eight years has been broken in upon by the stirrfg note of warlike preparation, and the ceaseless bum of activity, everywhere arising, recalls to mind the daily scenes during the late rebellion, The fires of the joundary are again burning, constantly turning out castings which are being shipped to the Northern navy yards. Fixed ammunition from the labora- tory is being constantly shipped and orders to manufacture 80,000 shells have Just been issued. Orders have also been issued for the immediate manufacture of @ large numper of new gan carriages for guns of the heaviest calibre. In the ordnance shops additional howitzers are being rapidly com~ pleted, and complete equipments, including trails, handspikes and ammunition boxes are being turned out for the Gatling guns to be used on shipboard. ‘The botier worke are busily engaged in the con- struction of new boilers, #0 a8 tg be prepared for ‘emergencies, ‘The stororouses We stul died with Key WEst, Nov. 23, 1873. ‘The United States steamer Worcester, flagship ofthe North Atlantic fleet, bas arrived im this; port. THE WAR FURORE IN NEW YORK,' Disc n of the War Prospect timent of the PeoplemAnxious for OM- cial Papers— Pedro Alfaro’s Fi ty Undoubted—Captain Fry’s Letter to a Friend Withheld by the Spaniards— General Ryan and the “Egyptian; Monks.” There was little visible yesterday in the streets or public places of the metropolis to denote that( the million of people who inhabit this city ar clamorous, almost as with one voice, for a forel war, for there was nothing observable outaide CONTINUED ON TENTH PAGE,