The New York Herald Newspaper, January 6, 1874, Page 3

THE VIRGINIUS, MESSAGE FROM THE PREP AER. Text of the Negotiationse“with Spain Regarding the Vessel. pcan sa FROM BLUSTEP, TO BACK DOWN ~_. Vacillating Policy Dictated to, ‘Minister Sickles by Sec- retary Fish. ‘The Two Games---Bluff at Madrid, Euchre at Washington. SPAIN WINS BOTH. History of the Sliding Scale of Reparation. Tho -Grounds on Which Attorney General Buchu Waived the Salute. ‘WasHIneTon, Jan. 5, 1874, ‘The President to-day sent the following Message ‘to the Senate and House of Representatives :— . EXECUTIVE CHAMBER, Wasainoron, D. C., Jan. 5, 1874, Ip my annual Message of December last I gave reason to expect that, when the fall ana accurate text of the correspondence relating to the @teamer Virginius, which had been tele- \sraptred in cipher, should be Teceived, the papers concerning the capture of the vessel, the execu- tion of a part of its passengers and crew, and the restoration of the ship and the survivers would be ‘wansmitted to Congress in compliance with the ‘expectations then held out. I now transmit the (papors and correspondence on that subject, 4 LITTLE OF THE VESSEL'S HISTORY. ‘On the 26th day of September, 1870, the Virginius ‘was registered in the Custom House at New York ‘as the property of a citizen of the United States, Be having first made oath, as required by law, that te was the true and only owner of the ‘Waid vessel, and that there was no subject or citizen of any foreign prince or State, @irectly or indirectly, by way of trust, confidence or otherwise interested therein. Having complied ‘with the requisites of the statute in that behalf, she cleared tm the usual way for the port of Curagoa, ~ gnd on oF ‘adout the 4th day of Uctober, 1870, wailed 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 flag oj the United States she would appear to have had, as against all Powers except the United States, the right to fy ‘that Dag and to claim its protection, a8 enjoyed by @) regularly documented vessels registered as part of our commercial marine. No state of war ‘existed conferring upon a maritime Power the aight to molest and detain upon the high seas a docamented vessel, and it cannot be pretended that the Virginius had placed herself without the pale of all law by acts of piracy against the human yace. If her papers were irregular or fraudulent tue offence was one against the laws of the United ‘States, justifiable only in their tribunals. PRESIDENT GRANT'S FIRST DEMAND OF SPAIN. ‘When, therefore, it became kuown that the Vir- inius had been captured on the high seas by a Spanish man-of-war, that the American flag had been hauled down by the captors, that the vessel nad been carried to a Spanish port and that Span- fen tribunals were taking jurisdiction over the persons of those found on her, and exercis- ing that jurisdiction upon American citi- Zens, not only in violation of imternational Auw, but in contravention of the provisions of the Treaty of 1795, I directed a demand to be made upon Spain for the restoration of the vessel and for the return of the survivors to the protection ©f the United States, for a salute to the fag and tor the punishment of the offending partics, MODIFICATION OF THE DEMANDS. The principles upon which these demands rested could not be seriously questioned, but it was sug- gested by the Spanish government that there were grave doubts whether the Virginius was entitled to the character given her by her papers, and that, therefore, it might be proper for the United States, aiter the surrender of the vessel and the sur- Vivors, to dispense with the salute to the ag should such facts be established to their satisiaction. This seemed to be reasonable and just. 1 therefore assented to it on the as- @urance that Spain would then deciare that no ansuit to the flag of the United States had been invended. J also anthorized an agreement to be made that, sould it be shown to the satisfaction oi this government that the Virginius was im- Properly bearing the fag, proceedings shoulé be Ainetituted in our courts for the punishment of the offence committed against the United States, on her 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 of.the tribunals of the United States ‘Was an admission of the principles upon which our demand had been founded. I therefore had no hesitation in agreeing to the arrangemert finally made between the two governments—an arrange- ‘ment which was moderate and just, and calculated ‘wcement 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 fag flying, was delivered to the navy of the United States at Bahia Honda, in the isiand of Guba, on the 16th ult. SINKING OF THE VIRGINIUS. She was in an unseaworthy condition in the Passage to New York. She encountered one of the Sv0st tempestuvus of our winter storms. At the Fisk ol their lives the oficers and crew placed in charge of her attempted to keep her afloat. Their efforts were unavailiug, and she sunk of Cape Fear. THE PRISONERS, The prisoners who survived the massacres were Wurrendered at Santiago de Cuba on the 18th ult., @nd reached the port.of New York in safety. \ The evidence submitted on the part of Spain to establish the fact that the Virginius at the time of her capture was improperly vearing the fag ‘Of the United States is transmitted herewith, ‘Yogether with the opinion of the Attorney General thereon and a copy‘of the note of the Spanish ‘Minister, expressing on behalf of hig government 8 disclaimer of any intent of indignity to the flag of fhe United States, U. 8. GRANT. TBE CYPHER CORRESPONDENCE. ‘The correspondence is-very voluminous and con- Rains the following features :— ‘ On the 6th of November General Siciles tele- Braphed to Secretary Fish that the Virginius Qad been captured six miles from Jamaica, and hat the Captain General had been ordered, on Mr. Sickles’ suggestion, to await orders, The Secretary telegraphed My, Sickles ip reply ‘Wat the bommary proceedings demanded investt- gation 96 inhuman; that reparation will be re- quired 1 American citizeng have been wrongfully exevuted, PRIENDLY DISPOSITION OF CASTBLAR’S GOVERNMENT. Mr, Sickies the next day reported his interviews wit Mr, Qaravajal and with President Castelar. ‘The latter, he said, had ordered that no person be executed without authority of the Cortes, and thereupon Mr. Sickles expressed satisfaction. He subsequently telegraphed Mr. Fish that the Span- ish government would spontaneously do every- thing required by public law and treaty obliga- tions; that the Spanish government regretted the execution of the four prisoners, and orders were Bent to stay further proceeaings. DEMAND OP RWPARATION, On the 8th of November Minister Sickles gave a detailed account of the interview with the Minis- ter of State, who said that no formal demand would be necessary on the part of the United States, as the Spanish government would at once take up the question and decide it. The case of the Deerhound was cited, and the same principles would be applied tothe Virginius. After further correspondence Mr. Fish telegraphed to Minister Sickles as follows:— Accounts have been received from Havana of the execution of the captain and 36 of the crew and 18 others. If true, General Sickles will protest against the act a8 brutal and barbarous, and ample reparation will be demanded, The Secretary confidentially informed Minister Sickles that doubt existed as tothe right of the ‘Virginius to carry the American flag. Mr. Fish telegraphed to Minister Sickles that the course of the Spanish goverpment was accepted as evidence of a willingness to administer justice. The condempation of the act should be followed by punishment. Mr, Sickles was instructed to say so to the Spanish government, and that this government feared that Spain could not control the insurrec- tion of the Casino Espaiiol. SPANISH MINISTERS DIGSIFIED. Mr. Sickles, November 12, states that he had .| bad an interview with President Uastelar, who said such scandals must cease; that interrogatories had been addressed to the Captain General, and that as soon as replied to General Sickles would receive @ communication. The Minister of State informed Mr. Sickles of the execution of the prisoners, the orders trom Madrid arriving too late to prevent it; but the slaugnter had ceased. The discussion between Mr. Sickles and the Minister is xiven. Orders would be issued to assure to United States citizens the protection of the ordinary tribunal. General Sickles urged a speedy olution of the difficulty, and called atten- tion to executions in pursuance of previous con- vVictions made in the absence of the accused. THE ABORTIVE ULTIMATUM. Secretary Fish telegraphed to Sickles, Novem- ber 14:— Your telegram announcing adjouwnment of con- ference received. Unless abundant reparation shall have been voluntarily tendered you will de- mand the restoration of the Virginlus, and the re- lease and delivery to the United States of the per- sons captured on her who have not already been massacred, and that the flag of the United States be saluted in the port of Santiago, and the signal unishment of the oficiais who were concerned in the capture of the vessel and execution ot the passengera and crew. In case of Tefusal of satisiactory paneeson. within twelve days irom this date, you the expiration of that time, close your Lega' and will, together with your secretary, leave rid, bringing with rou the archives of the . You may leave @ printed documents which coustitute the library in charge of the Legation of some friendly Power, which you may select, who will consent to take cl ‘eof them. You will erg the recep- tion of this by telegraphing to me in plain the word New Jersey. FISH. | ‘The same day protests were made to the Spanisn government against the summary executions, and On the 16th Minister Sickles telegraphed to Mr. Fish :— SPANISH ARROGSNOE. Made demand by note to-day at three o’clock in the afternv®n, and on the same day telegraphed. Received an ill-tempered note to-day from the Min- ister of State rejecting the protest and saying that Spain would nevertheless conaiderend decide the questions according to lew alidig-y diguity. FISW’S BLUSTER. Mr, Fish telegraphed to Minister Sickles, Novem- ber 15, reporting 67 more executions and saying :— “If Spain cannot redress these outrages the Umted States will.” These instructions to Minister Sickles were to be used cautiously and discreetly. Sickles, November 16, sends copy of note to Mr. Caryajal demanding reparation and a copy of the latter’s reply, and also Sickles’ rejoinder. Sickles alludes to the abusive attitude of tne Madrid press. Sickles telegraphs Fish, November 16:— Mr. Layard informs me he has received tnstruc- tions from his government concerning 17 British rps among the crew of the Virginius executed and seven more under sentence of death, the latter all minors. Of the 17 dead six were executed im- mediately on the arrival of the Virginius in port. A British frigate is ordered to Santiago. Sickles, November 18, transmits copy of reply of Minister of State to nis note of November 16 re- specting reports from Havana, Sickles regards it a8 @ refusal, and proposes to close the Legation unless otnerwise ordered, and on the 16th asks Fish that @ vessel may be ordered to Valencia to take him to France. The next day Sickles transmitted a copy of Carvajal’s reply re- Jecting the protest, On the 19th he informed Fish he is waiting instructions and said:— The popular feeling runs high here against the United States and this Legation. ‘he press is violent, advising the government to order me out of Spain, Last night & mob was collected to attack and sack tae Legation. The authorities interfered and preserved the peace, Mr, Sickles also telegraphed :— Spain has asked the good offices of England. Lord Granville declined unless on the basis of ample reparation made to the United States, VACILLATION OF FISH. Mr. Fish telegraphed to Mr, Sickles, November 19, that the Spanish Minister at Washington had shown a@ telegram from his government asking time for inquiry and expressing an intention to make reparation. This being regarded as a recon- sideration of the decision communicated to Mr. Sickles, he was instructed to deter bis departure. DUPLICITY OF SPANISH DEALING. On the 20th Mr. Sickles communicated that the tone of the notes from the Minister of State was unsatisfactory, and says:— If permitted to offer a suggestion with reference to your instructions of the 19th, | would remark that the tone, temper and substance of the written communicativns made to me by the Minis- ter of State are very different from the apparent jurport of the telegram sent to the Spanish Min- ister in Washington and communicated to you. The refusal to say a word about the merits of the case in reply to a demand re- pelled as arbivrary, inadmissabie and huihiliating ‘was announced to me here on the same day that different proiessions were made to you. Mr. Car- Vajal’s notes to me are exhibited here as showing the real position of this government. They are offensive in form and unsatisiactory in substance. |. If we hesitate it will be asserted and believed in Spain and Cuba that we pause before the deflant attitude assumed by this government and people. This boast will be supported by the official and formal declarations of this Cabinet in reply to communications I have made to it in obedience to your instructions, Mis- apprehending our forbearance, Spain would abuse any success obtained by duplicity and delay, and show herself more than ever arrogant and regard- less of our rights and dignity. On the other hand, any concession now Obtained at Washington will appear to corroborate the intimation made here in high quartera, and generally believed, that my action in the matter of che Virgintus has not beeu in conformity with the instructions I have received, and is not ap- proved by my government. | have the best rea- sons for the opinion that my prompt withdrawal irom Madrid in deianlt of the reparation the Presi- NEW YORK dent has directed me to demand will convince Spain we are in earnest, and she will yield to our terms and peace may be honorably preserved. The tact that Spam holds one attitude here and another in ‘ashington on the same day would seem to impeach her sincerity, and this dis- simulation, I am gure, is due to the ear of a dipio- matic rupture or something worse. This Cabinet have already obtained all the information they will ever get, irom Cuba about thie transac: tion. The italian government has kindly con- sented to allow Count Mami, Chargé d’Afaires of italy in Madrid to take care of American inter- ests here and accept the custody of the library and property Of this legation, en application being made, by your authority, through our Maniever in Rome, ope you will make the request, and that this courtesy be daly acknowledged. SICKLES, OUR MINISTER UNPROTROTED FROM INSULT. Mr, Fish telegraphed to Generad Sickles Novem- ber 21, 1873:— Your telegram, # ring @ poasible difference of attitude on the part of Spain, in Madrid and here, bish yon think calls for your withdrawal i i Madrid, and asking & request to the allan government 10 authorize its repre- sentative to take care of our Iibrary st Maarid, has been laid before the Fremdyni, Who decides that nba Jnaroute xe | HERALD, TUESDAY, quire that you should remain at your post until the expiration of - tume heretofore named or until forvher orders, If a difference exists, as yoo sug- gest, the President feels it his duty to take into consideration whe representations made at Wasbington, wiich approach most neary to compliance with our just demands; depends upon you to.co-operate with our efforts to induce Spain'to make such concessions as may avert a rupture between the two Repubiics, Without questioning the seniority of the Madrid Cabinet, it ‘Will not be possible to send @ vegsel to bie 4 After farther correspondence, Mr. Fish tele- graphed November 25 to Mr. Sickles :. If no accommodation 18 reached by the close of to-morrow, leave. If @ proposition is submitted you will refer 1t to Washington and defer action, Mr. Sickles informs Mr. Fish, November 25, that Lord Granville regarded the reparation demanded a8 just and moderate. , RECEDING FROM POSITION. On the 26tn Mr. Sickles telegraphea Mr. Fish:— President Castelar says Mr. Sickles would re- ceive a note that day recognizing the principles on which the American demand was made, and ask- ing a delay till December 26 for investigation, Mr. Sickles, November 26, acknowledges re- ceipt of instructions; that he had notified the Minister thas he may defer reply and request for pagsports, and transmits the substance of a note received from the Minister of State containing a proposal ior an adjustment. Mr. Fish telegraphed to Minister Sickles Novem- ber 27, transmitting a copy of the Senate’s resolu- tion of June 16, 1858, that the detention of merchant veesels on the high seas by force in time of peace isa derogation of the sovereignty of the United States, Minister Sickles telegraphs to Mr. Fish Novem- ber 28, announcing that it had been informally agreed at Madrid the previous day that reparation should be made im accordance with the American demand; that he was informed that a different proposition had been authorized by Mr. Fish and accepted by the Spanish government, and he in- quires whether this is true. by Mr. Fish, to Minister Sickles, November 28, says:— Supposing, from the tenor of Minister Sickles’ despatches, that he had leit Madrid, the reply of the last Spanish proposal was communicated to Admiral Polo, who now says that negotiations are golng on at Madrid. Having received notice that neral Sickles would demand his passports at three o’clock it is supposed that these negotiations have dropped. THE SURRENDER OF FISH. Mr, Fish to General Sickles November 29, says:— Spanish Minister yesterday mele a proposal embracing substance of demands oi 15th of Nuvem- ber with slight variations, which has been accepted and protocol signed. December 3 Mr. Sickle Powers sent to Admiral Polo to negotiate place and time for the surrender of the Virginius, Toe resultis given, and the correspondence be- tween Mr. Fish and Genergl Sickles relative to the latter’s resignation, already published, appears in the documents, CORRESPONDENCE OF FISH AND POLO, The following will give an idea of the correspond. ence and negotiations with the Spanish Legation at Washington:—“Mr, Fish to Admiral Polo, No- vember 12. Has received intelligence of the shooting of 53 persons from the Virginius. The story too shocking and cruel to be credible; asks if he has more authentic intelligence.” Admiral Polo to Mr. Fish, November 12—“Has received no information.’’ Copies of telegrams to Admiral Polo, handed by Admiral Polo to Mr. Fish, November 15, state that the papers of the Virginius were irregular. The order from Madrid did not reach Santiago in time to stay executions, owing to the destruction of telegraph wires. Ihe Virginins was a pirate. ‘The following was handed by Admiral Polo to Mr, Fish, November 17:— Spain is disposed to make amends for any vio- lation of international law, but requires tine to make examination, Admiral Polo to Mr. Fish, November 18, encloses @ copy of atelegraphic despatch from the Minis- ter of State at Madrid, in which it is said that Spain cannot answer till the facts are known, and ia resolved to preserve the integrity of ita terri- tory; but will observe the obligations of inter- national law and the letters of all treaties. Copy of a telegram from the Secretary of State, Madrid, to Admiral Polo, handed to Mr. Fish py Admiral Polo November 20, proposing an arbitra- tion and the surrender of the vessel into the hands of the arbitrators:— The authority of Spain is reapected in Cuba. The evidence is conflicting. This is.areason tor arbitration, Spain ts acting in good taitn. Admiral Polo to Mr. Fish, November 20, enclos- ing a copy of a telegram from the Minister of State, in which it is said that Spanish authority is re- spected in Cuba, and that peremptory orders had been issued, ARBITRATION DECLINED. Memorandum of an interview between Admiral Polo and Mr. Fieh, November 21, 1873:— Mr. Fish declines to submit to arbitration tne question of an indignity to the flag. He ts willing to submit all questions which are Py ret eub- jects of reference. He is rised Ind no ex- Pression from Spain of executions or of readiness and survivors, Arbitration would be postpone- ment. It was desirable to have the seu ment complete before the assembling of Congress. The United States strongly desire @ friendly settle- ent. madrairal Polo to Mr. Fish, November 23, notifying him when and where the testimony of Greenwood and other witnesses will be taken. Admiral Poio to Mr. Fish, November 23, enclosing a telegram from Madrid that the reported hostile manifestations against General Sickles are not trae- Mr. Fish to Admiral Polo, Novembet 24, respect- ing the proposed examination of witnesses in New York. Telegram from Madrid to Admiral Polo handed to Mr. Fish by Admiral Polo, November 24, asking whether the United States will await the result of the investigation by spain; whether the President will submit the question to Congress, and for a statement of the points of offence in view of the treaty stipulations and international law. Memorandum of state- ment by Seretary Fish to Admiral Polo, November 24, in answer to reasons why it is impracticable to wait. Reasons why the President must submit facta to Congress. General statement of the points of -offence. Telegram from Madrid to Admiral Polo, hand ed to Mr. Fish by Admiral Polo on November 25:— The news contradictory as to the right of the Vir- ginius to carry the United States flag. It may ap- ar that she is the subject of reclamations against ne United States. Spain suspends her reciama- tions, and asks the United States to do the same till the facts are known. No satisfaction is posal- ble till the right to demand it is established, EMPTY TALK ABOUT THE FLAG. Memorandum of interview between Mr. Fish and Admiral Polo:—November 25 Admiral Polo reads No. 118, Mr. Fish replies that the United States, in the interest of all maritime Powers, in- cluding Spain, deny the right of capture of docu- mented vessels on the high seasin time of peace; the right to inquire into the validity of papers is in the Power issuing them, which the United States are prepared to do. The United States will con- sider the subject of reclamations when the honor Of the fag is atonea for, The identity of the Vir /} ginius is unquestioned. Any irregularity in her papers, therefore, is merely technical, Memorandum of interview between Mr. Fish and Admiral Polo, November 27:—Mr. Fish reads a de- spatch from General Sickles. Says the United States cannot accept this proposal. This communication is made to Admiral Polo because it 1s supposed General Sickles has left Maarid. ‘The proposition is, virtually, that Spain should hold the vesse; while seeking proof to justify her capture. Admiral Polo asks whether, if the vessel be given up, inquiries would be instituted by the United States with a view to the punist- ment of any who might found to have violated the law of the U; States, reserving the question of saluse for furtker information. Mr, Fish consults the President amd accepts the propo- sal, if the vessel and the sarvgyors are delivered forthwith; the salute wii i dispensed with if Spain, before December “Patisfies the United States that the Virginius had no right to carry the fag. im that case proceedings will be commenced by the United States against the vessel and survivors implicated, Spain is also to proceed in accordance with the second proposition to General Sickles, Telegram srom Madrid to Admiral Polo, handed to Mr. Fish by Admiral Polo November 28:—Ne- gotiations renewed in Madrid. Any arrangement made will be carried out in Cuba, Same handed to Mr. Wiab hy Admiral Polo, November 28, express Fish telegraphed General JANUARY 6, 1874—TRIPLE SHEET. ing satisfaction at happy termination of negotia- tion. TAE PROTOCOL. Protocol of Conference between Mr. Fish and Admiral Pole, November 29, carrying out the agreement stated in No. 120, Admiral Polo to mr. Fish, December 1:—Has not received his instructions for naming time and Place for surrender; expects them every moment; Aske, therefore, extension of time. Mr. Fish to Admiral Polo, December 2:—Delay appears un- avoidable and will, doubtless, cease in a few hours. The President will then rely upon imme- diate execution of agreement. Mr. Fish to Admiral Polo, December 4:—Is in- formed by Genera) Sickles that powers have been sent to Admiral Polo. Is prepared to execute the agreement, and asks him to name an hour to-day when he wilt mect him (Mr. Fish) for that purpose, Admiral Polo to Mr. Fish, December 4, in reply to the last :—His powers require him to act in con- junction with the superior authorities of Cuba, Has referred the subject to Madiia. Agreement between Mr. Fish and Admiral Polo, December 8, 1873, asks the time, place and manner of surrender of the vessel and survivors, and 4s to the mode of renaering the salute if not dis- pensed with, SPANISH EVIDENCE AGAINST THE VIRGINIUS. Admiral Polo to Mr. Fish, December 10, trans- mitted evidence in order to show that the Virginius at the time of her capture was not entitled to carry the flag of the United States, First—Bill ot sale of the solicitors of the Treas ury to John F, Patterson. "Seoond—ath of John F. Patterson that he is the true and only owner of the said vessel, and that there 13 no subject or citizen of any forelgn prince or State, directly or indirectly, by way of trust, confidence or otherwise, interested therein. Thtrd—Bond on the issue of the certificate of registry. ‘Fourlh—Orew list. wearance bond, Manifest of cargo. . Seventh—Master’s oath or clearance, enh — Manifest. Ninth—The deposition of Francis E. Sheppard. Tenth—The deposition of Francis Kowen, Eleventh—Deposition of Francis Bowen. Tweyth—De| position of Edward Greenwood, Thirteenth—! ‘Deposition of John McCann and Mat- Fourteenth—| thew Murphy. eInieeue Veposition o1 Thomas Gallagher, Stxteenth—Deposition of Ambrose Rowling. Seventeenth—Deposition of Jonn Furlong. Bighteenth—Deposition of Adelio de Varona, SPAIN’S VICTORY. Mr. Fish to Admiral Polo, December 22, acknowl- eding the receipt of No, 129:—“The enclosures make it appear to the satisfaction of the United States that the Virginius was not entitled to carry the flag atthe time of her capture. The salute will. therefore, be dispensed with, and, in accordance with the terms of the protocol, inquiries will pe instituted and proceedings commenced against the vessel and the persons appearing to be gullty of legal acts connected therewith." The documents conclude with a large mags of Consular and miscellaneous correspondence, in- cluding copies of the agreement with Admiral Polo, addressed to Secretary Robeson, and request- ing that instructions may be given for carrying it out; also the opinion of Attorney General Wil- Hams, that the Virginins at the time of capture was, without right, improperly carrying the American flag. Mr. Fish, December 17, transmits the opinion of the Attorney General to Secretary Robeson and yequests that steps may be taken to notify the proper officers at Santiago that the salute will be dispensed with, Admiral Palo to Mr. Fish, January 3, expresses, on behalf of his government, a disclaimer of an intent of indignity to the fag of the United States. CUBAN AFFAIRS IN THE OITY. Meeting of the Virginius Prisoners. ‘The Cuban headquarters, No. 50 Exchange Place, Was the scene of a meeting yesterday of the Vir- ginius prisoners, A large number of these much talked of men was on hand, and Messrs. Cisneros* Adama, Mert, other noted gentlemen of pa- wiotic repul received the expeditionists, as well as the HERALD man, with their usual polite- ness, The released prisoners had been caded to- gether to receive donations of clothing and other necessaries required to replace losses incurred in their famous expedition. It was @ source of amusing satisiaction to see how kindly the boys cottoned to the nooks and corners of the room employed as the Cuban Junta’s office. Their wiry, agile persons fitted into the angles of the apartment and along the walls far better than even in the snuggest berth or most favorably Placed hammock in the furecastie of the old Vir- ginius. The faces of those boys were beaming With delightful contentedness. They feel like new men; they look their feelings and want their triends to be aware of the happy change in their fortunes. p Whether Mr. Aldama and his friends are doing anything for the good of the cause of Cuban inde- roan must for the present remain a secret. ‘nere can be no doubt as to the propriety of these gentlemen keeping their own counsel. Their re- serve implies a desire to be let alone by the press. LOUISIANA LEGISLATURE. Message of Governor Kellogg—Recom- mendation te Fund the State Debt in Seven Per Cent Consols—Inducements ot State Ald to Build Railroads—The McEnery Faction. New ORLEANS, Jan. 5, 1874. ‘ition of Charles Smith. The Legislature mes at Mechanics’ Institute to- day and the proceedings were orderly, It is understood that Mr. Lowell, the present Speaker, holds over under a pledge to resign in 10 days if the House wishes it. Governor Kellogg's Message was very long. Its main points were as follows :—The total debt of tne State was $24,283,336, Some of this was of doubt- ful legality and was being tested in the Courts. The State had tried to pay interest on this whole amount, and haa done so up to date, but could do so no longer, without maintaining arate of taxa- tion which was almost confiscation, He proposes the FUNDING OF THE WHOLE DEBT at 60 cents on the dollar in new seven per cent consols, guaranteed by constitutional amendment and Nahin for interest made perpetual; the deht to be limited at the point to which it would be reduced by this consolidation, say $15,000,000. He argues that these consols would be worth par, ‘while at present the bonds are only worth on the market 50 cents on the dollar, and states that the consolidation scheme has been submitted to and approved by the New Orleans Chamber of Commerce and the large bondholders. He regrets that large appropriations made for railroads had resulted in FAILURES TO BUILD ROADS to Texas. The $2,500,000 bonds issued to the Mobile and Texas Railroad by the act of 1871 without con- sideration would probably not be paid. Any one who would come forward and give solid guarantees to build the road should nave every assistance from the State. Failing all other plans he recom- Mended that tne State buy the road under the second mortgage bonds and build it itself. The Message recommends the revision or repeal ofalarge number of jaws, and says that if the Members forming the opposing body do not come in and take the seats which have been kept open for them they must take all the responsibility of the result of their conduct, THE M’ENERY LEGISLATURE. The McEnery Legislature met. There was no quorum. In view of the fact that the Kellogg Legisiature 1s recognized by the President the Mcknery Legislature will remain in session only @ snor( time, adopting, however, before it adjourns, an address to Congress upon the political situation in Louisiana, It adjourned until noon to-morrow. DURELL’S IRREGULARITIES, Fraudulent Sales in Bankraptcy—Seiz- ure of a Newspaper by a Political Plot—Bribes and Exactions. New Oneans, Jan. 6, 1874, The Durell Investigating Committee will be in session until alate hour to-night, Daring tne day only six additional witnesses were examined. Henry ©, Miller, a prominent lawyer, testified to fraudulent sales by the Bankrupt Court, J. W. McNee, Esq., testified in its favor relative to the seizure of the Times newspaper. ©. A. Weed, its lave owner, was examined at lengtn on the same subject, and gave a masa of damaging evidence, tending to show that the seizure of the Times was a purely political plot. He also _testified to Durell’s habituai inebriety, H. H. Walghe, another prominent attorney, testified to tué erasure and annulment of & judg) after it had become final and his property, Gustave Winenill, a bankrupt victim, and his attorney, D. C. Labatt, testified to a bribe of $3,000 having been exacted by tue “ring” lor the release of his wile’s property $2,000 more being de- manded for a judgment, and to the subsequent re- turn of the jal amount. A large number of witnesses has been sum- moned, and the investigation will probably last three days longer. That Durell cannot aacepe im- peachment is now generally admitved by both bis Opponents and irienda, THE BOSTON FRAUDS. Further Developments in the Case of Jordan, Marsh & Co. The Members of the Firm To Be Crim- inally Prosecuted for Perjury. Boston, Jan. 5, 1874, Public interest stil] clusters around the investi- gation now in progress concerning the alleged frauds of Jordan, Marsh & Co. upon the revenue. ‘The examination of thetr books ana papers, which were seized by Special Agent Bingham, 18 not more than one-fourth completed, and it will prob- ably be February betore any definite idea of the extent of the alleged frauds is obtained. In the meantime the commercial community, and In fact the whole public, manifests the keenest interest in what is going on. The Treasury officials in Wash- ington, as well as their oMicers here, are confident of the infallibility of their evidence already se- cured to make out several instances of wilful fraud, and it 18 expected that the number of cases will be multiplied by additional evidence to be gained from the books and papers now tn hand. Ihave learned from the highest oficial source that the department at Washington has in its pos- session @ large number of private invoices differing materially from the Custom House invoices, being larger in amount and containing more charges and jess discounts than appear upon the invoices pre- sented at the Custom House. Furthermore, the allegations in the complaint of deliberate fraud in the way of letters of advice, amounts current, original invoices ana false invoices is claimed to be complete, and more than the Officers ex- pected to find, The order of the Court limiting the examination of books and papers to the mat- tera specifically set forth im tne complaint it is thought possible may prevent the government from recovering as much as it is entitlea to re- cover, but, nevertheless, it is claimed, from what is already known of the case in Washington, that this order will in nowise affect the Tesult except as to the amount, each case declared upon in the complaint having been fully substantiated by docu- mentary evidence before the seizure. For prudential reasons the details of the pro- gress of the examination of the books and papers are withheld for the present. Is would not be for the imterest of the government or just to the defendants that any premature publication of the facts involved should be made. The case is one of such magnitude, the parties of such high social and commercial’ standing, and the tssue being mevitably to be tried before a jury, itis desirable Sat they should enter upon the case without pre- judice. u Mr. Bingham, the prosecuting officer, maintains ® demeanor of quiet confidence which, coupled with the fact that his case had originally been presented to a judge wholly disinclined to grant such warrants, and who, from his very pature, could not grant them unless compelied to by positive and overwhelming e¢i- dence, leads to the inevitabie conclusion that there is much genuine fire underneath all this smoke which the saintly papers of the Puritan Hub have made such light of aud worked themselves into such a ridiculous and apparentiy indignant lever about, Ihave ascertained in interviews with Mr. Bingham that the claim of fraud is not based upon any technical violations of the intricate revenue laws, nor upon any question where there could postu arise areasonable doubt as to the duty of the importer or the action of the Collector, nor upon any species of evidence obtained or to be ob- tained from the books or papers of the firm which have been or could have been tampered with, directly or indirectly, by the clerk Jackson or any other man in the employ of Jordan, Marsh & Co. Mr. Jackson’s tion as custom house clerk of the firm enabled him to be familiar with all their importing business, and it is stated that li he had fully obeyed the instructions of his employers the frauds perpetrated would have been largely in ex- cess of those now charged, and sufficient to have resulted in the complete winding up of the whole concern, On account of Mr..Jackson’s failure or refusal to assist in further detrauding the govern- ment his salary waa once or twice reduced, and at the time he left it was not one-lalf what is aid by other firms for similar service. There is @ rumor that Mr. Jordan's ieel- ings towards Mr. Jackson were further ‘aggravated by the refasal of the latter to wed a nisce of the mercantile prince. These matters, however, are not material to the case. It is sum- clent to state that Mr. Jac will figure con- spicuonsly in the case, and that he will assist the District Attorney in preparing it. It has been decided to proceed against the firm criminal as well as a civil process. ‘Tne criminal process will be based upon one or more charges of perjury. the offence being aliezed to have been committed in taking oath to faise in- but it may turn out after all that Jordan, Marsh & Co. will be martyrs rather than punisned violators of the existing revenue wa and kindred acts providing for the coliectton of the revenue. The Board of Trade, otherwise known as the Mutual Adwiration Society, of the Hub, took their case up at the regular monthly meeting tiis afternoon. Besides eulogising the virtue and time honored integrity of the offending firm, they passed a series of resolutions demand- tng (rom Congress an instant repeal of ali laws cal- culated to punish those who seek wealth at the expense of the internal revenue. john W. Candler was the special champion of the firm, although in his remarks, a3 well as in the resolutions which he offered, the name of Jordan, Marsh & Co, was most carefully omitted. ‘The re- solves which he submitted were as follows :— Resolved, That in the judgment of the Board the laws under which the customs duties are now collected are complex, cumbersome and difficult to understand, and, in connection with the demoralizing system of reward: ing informers by moieties, and with the arbitrary power invested in officers who are themselves informers to seize books and papers, they two commoply serve as a trap tor hone-t importers and an encourageinent to cor- uy oppression and private bribery. ‘That the evils are so great and are exerting so destructive an influence on the morals of trade we respectfully ask of Congress, in the name of the c merce of the country, at once to d y. with all ‘wards to informers and all penalties and confiscations for the benefit of salaried officers of the customs, to take trom such officers all powers of arbitrary seizure of books d papers and to enforce the sacredness of private cor- jence when entrusted @ the nation's keeping in the Resolved, That the difficulty of understanding a com- plex system of customs and the facilities tor traud afforded by them are considerations which imperative) call for the abolition of ad valorem duties, and the subst- tution for them of simple, specific duties wherever pos- le. Mesolved, That the delegates, from this Board to the National Board of Trade to be held in Baltimore on the 13th be requested to present these resolutions, and urge their adoption. Resolved, That the Executive Committee of this Board be requested to present the resolutions to Congress in the name of the Board, and to take such other measures as they may deem proper to secure reformatory legislation on these subjects, > Mr. Candler had scarcely finished reading the resolutions when the members of the Board broke out with approving applause. In urging their adoption he said that the manner in which the re- solves had been received showed the popular feel- ing of the merchants of Boston concerning the in- fainous revenue laws. He said they were clearly against the rk of republican institutions, and denounced all laws as unjust which increased the compensation of the officers if the men whom they Pe aa were convicted. In his attacks upon he system he said he hoped that the merchants of the entire country would go before Congress and demand that the injudicious and infamous laws shail be at once wiped from the statutes. ery importer in the country, he said, knew that it was utterly impossivie to protect him- self trom possible errors as the law existed now, and iurthermore clerks could make false entries and thus render their innocent and honest employers liable to suspicion and punishment. Healso called attention to the fact that in such cases a8 the one now exciting interest in the com- munity, only @ small portion of the amount claimed and obtained from the alleged offenders goes to the government, adding that ii all tne !acts connectea with the settiement of this class of cases Were known, the United States would stand disgraced among all nations of the globe, THE OPPOSITION VIEW. John Cummings, President of the Shawmut Bank, was more conservative. While he believed that the laws should be modified, he thought that perhaps it would come with better grace irom the joard if they would delay an expression of opin- fon untll after the charges against the alleged offending firm were aisposed of. If the resolves had been introduced a month ago he would have had no hesitation tn a ate J them; but in view of the present circumstances he could not vote in the affirmative. ‘This same opinion was entertained by George F. Moore, who remarked in a tone of sarcasm that he had never kaown of any honest man who had been injuriously affected by the existing revenue laws, and go long as it was only the disnonest im- porters who are disturbed he thought it was rather injudi us for the Board to pass any such resolutions a8 those which had been submitted. He regarded laws like the present necessary jor the protection of honest, as well as the ptiish- ment of dishonest men. THE DEFENCE OF JORDAN, MARSH & CO. Alexander H. Rice, ex-menrver of Congress, could not rest easily under the implied imputation upon the integrity of his old associates in the Peace Jubilee humbugs, and he followed Mr. Moore in a long and eloquent argum Ant in defence of the firm agamst which such grave charges have been maae, In @ general denunciation of the law, which formed @ pars of his speech, he wen so far so a8 10 intimate, by authority, Beat the Boston, Coliector and other omicers eve were as much opposed to the existing revenue statutes as he himself. Towards the close of bis remarks Mr. Rice made an allusion to the patriotism and hay, of the firm during the dark Gays Of sue rebelilon; BO allusion which, although } and 3, loquent im the extreme, provoked a quiet smne a those who were no! enthusiastic over Mr. Candler’s resolutions, this infamous law was 7 remarked the ex-Congr “this very firm was the first to come to the rescue of the government and forward car loads of sup. lies to the front for the aid and comfort of the rave boys who were in their lives in the de- fence of the old flag. 1t was this firm, the only one among thousands,” he said, ‘who sent thetr clerks onto the war, and kept their situations open and continued their salaries until they returned with the crowning honors of victory. “It Is such things a8 these,” added Mr. Rice, in a tone calculated to Move the stoutest heart, “that ought to be re. membered by @ grateful community, and it is but right that auch gentlemen should have al! the sympathy and support which their private and ye le conduct Mane Boatiy one abund: iy Juss Afled. He hoped, therefore, t the Boston of Trade, a body’ of fair minded and intelligent ntlemen, Would take immediate action, and pro- et against such mien being placarded throughout the country a8 frauds, and almost irretrievably ruined, belore it is ascertained that they have committed the slightest offence whatever. ' These remarks of Mr. Rice culled forth loud ap- Plause from the majority of the Board, a8 did alsa & speech by Edward Atkinson who angrily pitched into the Revenue laws as well as the officers wha had pean. ee eaeennial in applying them to Jordan, Marsh AN OFFICIAL OPINION, Judge Ruasell, the Collector of the Port, wha had been an interested listener to the discussion was at length called upon to express his view! In complying he remarked that it was impro) for him to speak of any eso, case, sddind that so far as the Jordan, Maran & COs matter was concerned he was entirely ignorant. He then went on to say that he was opposed to thd law and always had been, and proceeded to give @ few illustrations of its injustice and how its opera tions often enriched government officers who wel not in the remotest manner connected with thi detection of the crime from which they derived certain portion of the penalty imposed. The sy: tem also admitted of corruption among judges the United States courts, and in instance it operated so a8 to bandsomely reward office: for their own ignorance, proompetency oO wilful failure to discharge their duti ‘This law of rewardinng informers, he added, been in foreé since the days of Alexander Hamil- but it was enacted more particularly to guard& Inst amuggling, which in times past was care ried on very extensively, and by men occupying rominent tions in society, “Why,” the Gottector, “1,cannot to-day enter the sacred portals of old Faneuil Hali without gazing upon the fuil- length portrait of a man who once sent an order for ten casks of brandy and added a postacrips to his letter instructing the shippers to invoice it as rum.’? In concluding his remarks Cok lector Kussell said that the bills before Congress for a in the law were not periect, for the; failed to do away with the intormers, He believed revenue was 4 good thing, but personal rights still better. There is no way in which the present tariff can be enforced. It is tm ible to enforce’ it, for goods imported can only be hy ap~ praised by two Pens ani they are, tf ie buyer and the seller. What we want isa simple, com- mon sense tariff, and be hoped a wise would provide one. The few who irowned upon the resolutions and denounced them found that they were in & pe less minority, and upon the question being ro there was an almost unanimous vote in ee VIRGINIA. The Civil Rights Bill Offensive to the Old Dominion Conservatives—A Protest and Counter Protest Sent to Congress— Colored Men as Jurors. the RICHMOND, Jan. 5, 187 There is great excitement in legislative and official circles here over the proposed passage by Congress of the Civil Rights bill, as already alluded to in the HeRaLp, which is mainly owing to the educational feature of that document. Both houses of the General Assembly to-day adopted a series of resolutions that declare :— part, of the people they ostility to the federal administration a: Portion of the conservative platiorgy, it impartially by its official acts, &c.; that the ture nize the fourteenth amendment of the constitution asa part of that instrument, and de: ood faith te abide its the Supreme Court of the United States, and the amend- ment thus construed is the supreme law ot the land and should be obeyed aud respected by all the co-ordinate departments of the government; that the bill now be- fore Congress known as the Civil Kights bill is in viola- tion of this amendment as intorpreved by the Supreme Court; 1s an_intringement on the constitutional and legislative powers of the Stale; is sectional in its opera- fion and injuriqus alike to the whive and colored popula- tion of the Southern States, and that iw emorced appli. cat m_ those States ‘will prove destructive of their systems of education, arrest the enlighten- ment of the colored population, in whose improveme: the people of Virginia hold a’ lively interest; produ irritation between the races; counteract the pacification and development now happily pi G repel immigration; greatly augment emigration; re- open the wounds now almost healed; engender new po- iyze the power and influence of the State government; controlling aud promo’ meytic interests and preserving internal harmony; that the people of Virginia. through its Legislature. protest against this bill, and instruct their Senators Tequest eir Represen tat! in Congress firmly, but re- spectiully, to oppose its passage, not only for the reasons expressed, but as a measure which is calcula‘ed to arrest the growing sentiments of coeord and harmony between the Northern and Southern States, The above resolutions of protest were trans- mitted by the Governor to the President of the Senate, Speaker of the House and the Virginia Representatives in Congress. A COUNTER PROTEST FORWARDED. Soon after the adjournment of the General As sembly this evening the colored members of the two houses hed acomterence and adopted a coun- ter protest against the action of the majority. They declare that the resolutions adopted by the two houses were inconsiderately rushed through, allowing them no time to remonstrate or debate the question at issue. They further protest that this action does not represent the sentiment of the masses of the people of Virginia; that itis at vari- ance with the oft repeated declarations of tne con- servative party, and especially of those used im the last campaign, and that it is in viola-~ tion of the oath taken by every member of the General Assembly and every officer of the State government, accepting the civil and political equality of all men before the law. The colored members conclude their protest by baying that the denial of the privileges which the Civil Rights bill coniers, will be, on the part of the conserv- atives, “keaping their woru Of promise to the ear and breaking it to the hope.” A committee of two on the part of the Senate and three on the part of the House, with colored Senator W. H. Stevens as chairman, was ee ET to take this protest to Washington, for the purpose of laying it before Congress as an antidote to the conservative pro- test. REPUBLICANS OPPOSE MIXED SCHOOLS. The white republican members of the General Assembly do not endorse the extreme views of their colored brethren. They iavor the passage of the Civil te bill, except that clause which gives the federal government control of the edu- cational interests of the States, and which would pescunany, enforce mixed schools, and thereby reak up the present excellent free schoo] system in Virginia. Colonel Robert W. Hughes, the late republican candidate ior Governor, and all the prominent speukers of the Ln in the last cam- paign, boldly expressed themeelves in opposition to mixed schools, and the opinion is strong here that the most sensible and intelligent the colored race do uot favor that suicidal policy. COLORED JURORS IN CRIMINAL CaSKs. In connection with the above Ju Guigon, of the Hastings Court, to-day made tollowing reply to a petition of a numoer of colored citize asking that where colored men are to be ti rad re im tovisions as’ expounded colored jurors be selected to them. He said:— “The law requires the Court to pre] a list of such inhabitants as it shall think well qualified to serve as jurors, who shall be persons of sound tate orn and iree trom legal exceptions, The Code of 1860, section 4, chapter 162, page 688, apd the Constitution of the United States and the bill of Rights of V! shall be tried by an impartial jury. I have endeavored in the pest. as I shell in the future, to comply fully with these requirements, and I have heard of no compiaint of the ios selected, either as to their intelligence: tmpar oI integrity or fitness in any respect. such come It would be my duty as well 88 my Promptly, to inquire into and correct the justice, if { were to comply with the juest of thi peti- tioners and try colored accasea by specially seiect- ed jurors of colored men I should do 80, NOT BECAUSE OF THSIR INTRLLIGENCE, impartiality or integrity, nor because of their sound judgment, knowle of affairs, or capacity to form for themseives & Just judgment and inde- pendendence to bide by it uninfuenced; nor be- cause of any other pecullar fitness, out simply be- cause of the race, color and previous condi of the accused 4nd his triers. A comphance with this request would therefore be the adoption of a test of qualification not only not bg gyn the law, but in violation of the spirit, at least, of the Fourteenth constitutional amendment and the Civil Rights bill, For these reasons I decline to grant the prayer of the petitioners.” THE WEEKLY HERALD IN I0WA. (From the Maquoketa (Iowa) Sentinel, Jan. 1.) The New York WEEKLY HERALD ts the cheapest and best newspaper in the country. The Wexx.y HERALD of the present week, now ready, contains & select story, entitled ‘Just in Time,” together With the very latest news by telegraph from all parts of the world up to the hour of publication, DEATH BY THE LAMP, Boston, Jan. 5, 1874, in Beverly, on Saturday evening, Miss Abbie Lamson was burned to death by the breaking of @ lar — Which set fire to her clothes