BBBBMBBBBBI f r THE OMAHA * ! DAILY BEE. ESTABLISHED JUNE 19 , 1871. OMAHA , MON-DAY MOlifrl&r , APRIL 25 , 1808. SINGLE COPY FIVE CENTS. DECLARE WAR TODAY President Will Recommend that a Formal Eejolntion Be Fa ed HE WILL SEND IN A SPECIU. MESSAGE This Action is Deemed Kecessary to Belf-Frotection , SPAIN MAKES REPLY TO OUR ULTIMATUM It Accept * the Dccnmeni as a Virtual Declaration of War , CONGRESS EXPECTS TO ACT PROMPTLY It In E i pcte l that the llccommetula- tloa of the I'rcitlilent Will lie Ac-toil on WltUuut , , OpjiuHltloa. . WASHINGTON , April 24. A rciolutlon formally declaring war against Spain will bo Introduced In the congress of the United Statco tomorrow. The decision to do eo has been reached after due deliberation , after afcguardlng the Interests ot tbo United States. Questions pro and con were dU- cussed this morning by President McKlnley , Attorney Gencral Grlggs , Asoistant Secretary Day and Senators Davla acid Hale , and on the conference breaking up , announcement was made that ccogrctfi tomorrow would be asked to declare what It Is held already ex ists. This was the mont important Wash ington development on the first war Sun day. day.Tho The president will send a roeesage to con- gres to be delivered Immediately after Its convening , setting forth the facts In the coo ? , and asking congress to formally declare O > war In order that there may be no misun- JfderBtandlng on the part of other nations. The mcst Important point of the message , from a news point ot view , will be the an nouncement that Sraln hta made formal re ply to our ultimatum. This reply has not been given to the public , and It wns ( nip- posed nine had been received. Thu docu ment is a formal acknowledgment by Spain and a ! D an acceptance by that country ol the ultimatum M a virtual declarattcn of war. CMigrcss will therefore be aakad to recognl/e this condition of affairs and to declare It to the world , using Spain's cones- ttlon no a reason for It. The war resolution has been prepared , am It Is undeistood that the two committees having In charge the foreign affairs ot the two houses of congress will be prepared to report upon It very specdllj probably dlately after the reading of tbe PASS IT PROMPTLY. An effort will then bo made to have the resolution taken up and passed forthwith and It Is not now believed that there wll be any formidable opposition to this coumo In cither house. Otherwise the news of the day here relatci a'niest entirely to the execution of plans hlthrto announced. / Secretary Arger came with his daughter t the department early , and the latter with the president attended divine services at the Metropolitan .Methodt.it church. Secretary nrti Mro. Gage a'eo drove to the White House and accompanied the president and Miss Alger to the Matropolltan. Mrs. Mo Klnlcy has not yet returned from her trip to Now York City. ' General Corbln and Secretary Alger con < ferred In the afternoon respect'ng ' the ar rangements for calling on the governora o the states and territories for the quota o troops they .are to furnish under the presi dent's proclamation asking for 125,000 men. The number of men In eacb branch of tbo service Infantry , cavalry and artillery re main to be aettled , besides many other mat ters of detalv. In the State , War and Navy departments many of the officer. ) were at their \3tfiVo kllrectlng the execution of policies heretofore determined upon. Neither Secretary Alger or Secretary Long were on hand , but A - Blatant Secretary Mclklejolm and Secretary Roosevelt were on duty for several hours. Mr. Mclklejctin has already received u r largo number of applications from news papers to permit their representatives to acocmpsny the. army , but. an trtatcd In the" circular Issued yesterday , the number to be accorded the privilege will be limited. MKIKLBJOHN IS BUSY. The assistant secretary Is busily engaged In supervising the general preparations for the transporHtlcn of the troop. ? overland , and asc ! to Cuba , for which a large number of vessels will be chartered. In the quartermaster' * office nearly the whole clerical fccce was on hand. Tno de tails are far from complete , but Quarter master General Ludlngton believes every thing will bo In readiness by the lime th troops ore ready to move. It may be that the railroad arrangements Ton the transfer of the troops overland will be left to the Immediate charge ot the quar termasters or the various army departments , who are lull- acquainted wllh the facilities nt hand for doing thU work. Some under standing with the railroads on the basis of uniform rates of travel will bo arranged if possible , so the asldlcra may be sent by the hortcst possible route with the least charge to the government. Questions of equipment ol the troops with uniforms and tents also are to be settled , although many of the state organizations ore prepared In thin respect. The depart ment has a number of branches In which tents , uniforms , etc. , ro manufactured , but It will bo compelled to e-all In the services of outside firms to meet the present de- tnands. General Miles was at hU headquarters In conference with his stuff officers. Anticipat ing active service In the field , the general lias had manufactured several hundred of ficers' dlspatJi capes , which are In use among European armies. They are manu factured of leather , are about nine Inches equaro and can bo attached to the belt around the officer's waist. With them Is a fairly good sized IslngMw map case , by which an officer may have at hand an outline - line of the country he Is traversing. NAVAL MILITIA ORDDRED TO SEA. U Is cald at the Navy department that all of the naval mllltla which will bo used In the deep tea patrol vewels have already been ordered to them. Those remaining will be utilized In manning the tlgnal station * along the coast and the vessels , of the close shore-1 Auxiliary fleet. Commander Hlchar-Bon Clover expects that the Bancroft , which ho Is to command and which IB now undergoing repairs at llo.ton , will sail for Norfolk li a few days to take ! on its ammunition , The probability Is that the vessel will then be sent to Join Admiral Sampson's fleet. It la Bald to bo definitely settled that Cap ; tain Albert S , Darker , a member of the joint eriny and defense plan board , will command the protected cruiser Newark , now fitting out at Norfolk. It will be ready for service In a few days. AtsUitant Secretary Roosevelt today an nounced that the government r-ad purchased the steam yacht Allten. This vessel (3 ( of light draught and excellently fitted for pa trol duty in shallow waters. It IB of 151 tons gross register , 119 feet long and twenty feet btam. It was built at Chester , Pa. , anil Its home port Is New York. It Is raid at the Navy department today that no additional Information had been received of the movement of the Spanish fleets at Cadi * and at the Capo VerUo ( la lands. Every step taken by thtsa fleets la promptly reported to the department by the tents abroad. One'oncer explained to-lay that It WCM ncceteary to receive with the greatest cau tion reports ot the movements of the Span- tan fihips , a- ) Spain will naturally try In every way to mislead the United States. The report of the firing on the North Atlantic equcdrca by Morro castle waa re ceived with Interest , but It anything has been received here about It the officials re fute to disclose the fact. The department heard today of the fate arrhal of the St. Louts and the New York at New York City today. This If a source of satisfaction to tbo officials , who , notwith standing the fact that the ship * are very fleet , wcro apprehensive that through a re mote possibility they might have encoun tered an enemy's oh I p. Nothing having been heard from the Paris , they hope It bf.a got beyond the range of the SpinlardVs vestels. Mcst of tne veese'.s ot the Asiatic squad ron , which , according to the As-oclateJ Preru dispatches , Is to salt with sealed orders ac cording to the latcet published Information , were rendezvoused at Hong Kong. The squadron Is under command of Commodore George Dewcy , a well Known and trusted naval officer , and U made up of I'even Ves sels , excluding the colliers recently pur chased by the departmcut. The Olympla , a protected ! cruiser , Is the flagship , with a speed of over twenty-one knots , while the others are the protected cruiser Baltimore , of twenty knots ; the pro tected cruiser Raleigh , of nineteen knot * ; the protected cruiser Beaten , of fifteen and a halt knots ; the gunboat Concord , of nearly seventeen knots ; the gunboat Petrelof nearly twelve knots , and the Iron ship Monocacy , of nearly eleven knots. lMIC.SCHIIir.NU GO.\Tll'AIIA\D GOODS. Bneh llelllNrerent ( Jo * eminent Make * KM Own Itc-KiilatloiiM. WASHINGTON , April 24. The Spanish article published by the Oaceta as to the attitude of that government regarding prl- vatcerlne , and the question whether or not coal shall be held contraband ot war , was discussed by the State department officials today. In response to questions put to him by a representative of the Associated Press Judge William L. Pcnfield , the solicitor ot the department , made the following unoffi cial statement , which ho said Is not to be regarded as Indicating in any way the ac tion and policy of this government , but Is given for the Information of merchants and shippers. T.ils government has not yet officially prescribed a list of articles which It will tieat as contraband of war. If Spain has taken any suph action , it Is not > ct made public. 12ach government Is com petent to prescrlbs Its own list for the putiliincc of Its own authorities. Such list Is roncluslvo upon the government making It and upon all neutral nations In the ab sence of any disregard of fno treaty en gagement nnd of International law. Any fjross disregard of such law or treaty ob ligation would perhaps provoke the Interpo sition of any neutral state affected. Until suc'n list Is prescribed , the question whether ai titles captured are contraband p.f war will be governed generally by the law of nations , and especially by the treaty stipulations between the belligerent captor anil the neutral state to whose subject the articles belong. International law gives no hard and fast rule for the determination of tne question whether articles are contraband , except the penurul rule that all articles of an essen tially warlike character and destined for an ciii'my's use are contraband. Many ar ticles , such as provisions , coal , etc. , arc of an equivalent character , and If destined for the enemy's use are deemed contraband. It follows that It such lists should be pre pared by the United States and Spain , tliey tn.iy bo Identical or may bo widely dtvei- iont , depending on the policy of each eov- ernmeiit. The action ot each government will bind only Itself and Its own prlr.a courts and neutrals. Tlie question whether contraband or not mlKht tlerofore depend on whether the car tor was American or Spanish ; and shipper : ) in neutral vessels would not only consider the charae-ter of the goods shipped , but whether destined for Ameilcan or Spanish ports , and whet'ner the goods are included In the list denounced as contraband by the one or the other state. Tals government has already announced that It will not resort to privateering. Spain "n.is announced the same policy. In the light of the previous declaration by this government , Spain's further announce ment that It will treat our privateers as pirates In brutum fulmen , worthy of Dan Quixote. T.he Spanish government has published Its Intention to exercise t'ne right of search. The rliht to do so Is undoubted. But the right can bo lawfully exercised only for thu purpose ot determining the nationality of the ship and Its destination , whether Its goods are neutral or enemy , wYiether con- W.iband or not , and whether Its conduct Is nneutrnl or neutral. If Spain adopts the policy announced by this government that the neutral flat ? pro tects the goods. It the vessel and Its con duct are neutral , only contraband goods In such ships arc subject to capture. Of cours3 all mercYiant ships must respect an effective blockade on the penalty of capture and con fiscation. 1'KOTECTIOX OF NI3UTRAI. FUiGS. 1'owerB EndenvorliiK to Settle on Joint 'Action. WASHINGTON , April 24. The proposed concerted action of tbe powers for the pro tection of the flags of neutral power Is be lieved here to be designed more as a warn ing to Spain than to have any other signifi cance. The representatives ot the powers say the contemplated action Is o very likely and natural move , although their homo governments have transmitted to them no notification of tuc negotiations to that end. It Is a measure ot precaution sanctioned by the uccs of past conflicts , but there 1s cot to be Implied In It , as understood here , any disposition to question the sincerity ot this government as expressed In the formal noti fication as to the course It will adopt , which baa been communicated to all the foreign governments. The full observance ot the neutrality laws on the run of the Spanish government Is not regarded at at all cer tain. At the embassies of the powers seek ing concerted action Get-many , Prance , Aus tria and Italy and at several other * likely to be Interested , there was no Information on the subject. This shows the powers arc carrying on their negotiations Independent of conferences with their representatives In the two contendng countries and will await some definite result In the way ot > a formal understanding and agreement on a concerted action before communlcatlc.tis are opened with Washington and probably Madrid. It is pcuslhlc that no concert of action can bo agreed on. On various occasions efforts at concerted action on neutrality enforcement have failed by the refusal of one of the great power * to participate. \vu.i. vi'iuVisii i\stmcjE.vrs : A it MS. nehelN Will llo 'MtiHt of the for tlic 1'reHeut. W.VS'TUNtlTON. April 24. Secretary fher- man said today that It was his expectation that fcr the present and the Immediate future - ture the Insurgent army would do the greater pirt ot tie ! fighting In Cuba. He added the statement that there was ro Intention of tak- i ' ig tlo militiamen anl new recruits Into Cuba until thoroughly Inured to the hard- slilrs of actual military life , and -that prrb- i ably tbe regulars would also be held In this country until later ! n the season , T. e secretary , e pmsed the opinion that Admiral Sampson's fleet would take fie flnt opportunity to form a jiMC-tlcn with Gomez's ' 'ar.-.iy. and ( bat there would thenceforth bo perfect co-operation between tnoss two or- Kji.zatlo-.ij ! In c nJuetlrg the war against the common eremy. "Tho Insurgents arc the best men for this i service at p-essnt. " raid the secretary , "ami they can be trusted to do zrilous work when well armed and well clothed. " Mo slid It waa 1 Is umlerstand'r-s tha : this" govcniment waulJ fui-alsti tha arms and munitions of war to flt out several 'laments of the Insurgents In goxl atup : . sol ta put the entire Cuban army In god fighting trim. I ' I'roelnmatloii of .Neutrality. WASHINGTON. April 24. The State de- p.utment today received Information that the governor of Hong Kong had Issued a n utrallty proclamation au to the United 't.tM ar.l Spain. It IB similar In terms to tlirw > ulr-aly proclaimed by Jamaica and Neve b'oandlanil. MORRO FIRES ON THE FLEET Shots Diitctb Nothing but Slumbera of People of Hatana. SHIPS DO NOT DEIGN TO MAKE REPLY Captain Clini" vlek of ? fcir York , HauHcd from HIM Sleep , Takca a Look 'Around and tioc * llitck to lied. ( Ccps right , 1SSS , by the ABEoclated ON BOARD THE FLAGSHIP NEW YORK , off Havana , April 23. (2 ( a. m. ) Morro castle opened fire on the squadron of the United States at 11 o'clock last night. About ten shots were rent In the direction ot our ships , but not one of them took effect and no shots were fired In return. The Spanlardw apparently had eeco the lights of the New York while the latter was signaling to a ship of the squadron. The firing was reported by the officer of deck , Eralgn J. R. Edle , to Captain Chadwlck , who was asleep at the time. The young officer at'ked the captain In somewhat ex iled tones whether the New York had not letter discontinue signalling. "No , " muttered Captain Chadwlck , with . ho utmost coolness ; "there IB no necessity or stopping the signals. Go ahead. " A little later Captain Chadwlck was on t he forward bridge , whence he watched the t onguca of Came shoot out from Morro cas- ' le. * He glanced In the direction of the panli'h fortifications for a few moments and hen turned his back on them In silent con- empt and went back to his bed , perfectly ertaln that the Spaniards could dp no dam- go at five mlley , which was then the ap- roxlmalo distance of the flagship from itorro castle. Another officer tald : "The Spanish prob- , bly became nervous and decided they could ot sleep without some fireworks. They can't It anything anyway. " There was no excitement on board the during Morro castle's futllo attempt t gunnery. The discipline was really plendld. In fact , at this hour , many people - plo on board the flagship do not know that Spaln'o first guns of war have been fired and that the New York was their target. The United States cruiser Cincinnati , Cap- aln C. M. Chester , reported to the flag ship at midnight : "I have a prize. " It Is herofore evident that other ships besides ho New York have been busy during the night. The extent or value of the capture Is not known at this writing. Morro castle light , which was burning brightly all the evening , was put out at nldnlght. The Spaniards evidently real- though rather late , that the light up o that time had served as a guide to the United States fleet. ERICSSON BRINGS THE NEAVS. KEY WEST , April 23. G:30 : p. m. ( De- aycd in transmission. ) The first thot of Spain was fired last night , when Morro castle - tlo opened Its batteries on the United States fleet. Thiu news was brought here thia aft ernoon by the torpedo boat Ericsson , which eft the licet at 10 o'clock this morning and t cached hero at 4 o'clock this afternoon. Captain Usher of the Erlcsaon saya hla boat wns ordcieJ out early last nlpht on scout duty. The fleet waa lying about eight milts eft Ha\aua. Lights were out and all hands were ready for action. The little craft scudded toward the enemy and brought up almost under Morro'a guns , being enabled to reach tuch a close point because for the flist time In years Morro light was then burning. At 11 p. m. the Spanish artillery roaied out Us first welcome to the Ameri can fleet. The firing was done- more la a tentative way than es an attack. Not a shot found a target and the American fleet , illEuiiinlng Spaln'a wretched gunnery , main tained a dignified Bllen . Before the firing began a newspaper dis patch boat , which had lost Its bearings In the cloudy night , got within three miles of Morro castle and before Its officers knew their whereabouts the boat found Morro firing on It. It we * saved by the unskilled' ' markmanshlp of the Havana gunners , getting away unharmed and eventually bringing up with the fleet. Havana had not been bombarded up to the time the Ericsson left. The squadron was spread out In a line about eight miles long , maintaining the blockade. According to a proclamation the ships of neutral poweru are allowed to pans In and out. ON BOARD FLAGSHIP NEW YORK ( off Havana ) , April 24. Noon Morro bat teries again opened flro CD fleet this mornIng - Ing , but without effect. KEY WEST , April 24. 3:20 : p. m. Ac cording to dispatch boats which have just reached this port from the fleet , the port at Havana is blockaded , but otherwise the t situation is unchanged. Contrary to reports previously received , these boats say that not a shot has been fired on either side. Quartermaster Joseph Hanson of the gun boat Helena , ono of the prize crews which brought In the Michael Jover , accidentally shot himself on the steamer this afternoon. His wound Is not a serious one. IILOCKAUR TIIUKC OTIICH 1'OUTS. Admiral Samimon'H Fleet Oft Havana IN Divided. ( Copyright , 1S33 , by the ARoclitec ! Press. ) ON BOARD THE FLAGSHIP NEW YORK ( Oft Havana ) , April 23. 2 p. m , Tne Puritan , Nashville , Marblchead and Erlcfscn arrived from Key Weet this morning. The Erlossou almost Immediately returned to Key Weat with dispatches. At 10 o'clock this mornlns the "Puritan , Cincinnati , Machlas , Nashville , Castln ; , New port , Foote and Wlnslow left the squadron to block Matanzas , Marlcl and Cargenao. They formed eeparate divisions and after they had passed out ot sitht the remainder of the fleet took up a regular formation , bav ins drifted some fifteen miles from Morro castle. The general aivance was made at hair speed. Captain Evaivi , not quite certain of the petition he wac entitled to take with tne Iowa , caught up abreast of the flagship and shouted through the megaphone. "How near may I go ? " Rear Admiral Sampson , who was standing on the after br'Jge , uplled : "As near as jou can without drawing the fire ot the batteries. " "All right , " Captain Evans shouted back In tones that expressed the keenest disap pointment. SpnulMh Dlny Capture It. i MIDDLETOWN. N. Y. , April 24. Rela tives of Captain Glbbs ot this city are fear ful that his bark Oljmple , which lett Seattle ninety-two days ago to round the horn for Boston , will be sslzed by Spaniards. Cap. tain Glbbs also sights the Capo Vc--de island. ! on these trlpn , and It U expected that ha Is In that vicinity IIDW. He U accompanied by his wife and four small children , and a crew of twctity-flve men. The Olympic wo lest reported off the Mexican coaat on Febru ary 7. Cluru llartoi ) fJoen tit Key Went. WASHINGTON. April 24. Mica Clara Blr- tea will lci\e here for Tampa tomorrow to Join the atcamcr Texas. With her wl'l b& Dr. Egan , Mr. Colt of New York and Mica Lucy Graves. They will reach Key We. * Thursday. The Texas Is due there the same da } ' SMrinent of Ponder. SANTA CRUZ. Cal. . April 24. The powder works here shipped ccat tonight 100,000 pound * of brown powder. The consignment will bo rushed through , the run to Chicago being made In ninety-three hours. AetnrVIIInril In Improving. CHICAGO , April 2I.-E. 8. Wlllard , the actor. Is Improving and It In h'oped will be nlilo to sail for England In Wo weeks. He tins been advised to take a long rest I IJKCI.AIIKS THAT > * AA EXISTS. r J Official Statement ! t Madrid * hy the SUM Bin K Mfcajfetry. MADRID , April 24. The IcJ-fctelng decree wag gazetted to dr : I Diplomatic relations nre broken oft be tween Spain and th United States nnd the state of war twin * btcun between the two countries , numerous 'questions of Interna tional la-- arise , which must be "precisely defined , chiefly b.'cnitto .the Injustice and provocation cotne.fr cm. our adversaries and it ! they -who. by their detestable conduct , hnva caucicd < hls grave conflict. Continuing , the decree reads ; W < > have obfcrvtd wlttt strictest fldcll'y ' the principles of International law and have shown the most cnn > ulou resswct for morality and the right oftB vernnrnt , There In an opinion that the fact that we havi not adhered to the declaration o > f Paris docs not exempt us from the.rlu'y ot respecting ; the principles therein rnjjhclattd. The prin ciple Spain unquestionably refused to admit then wan the abolition ox privateering. The government now cSn ldrB It most Indls- p ° nslble. to have recoutfto privateering lAhen we consider It expWlent , first or cnn- Izlw ? Immidlately n force , cf crullers aux iliary to the navy , which' will bei composed of vessels of our mercantile , marine and with equal distinction In the -work of cur navy. ' . _ Following 1 * a summary Of the more Im portant of the five claiMes outlining the rules Spain will observe [ during the war : Clause 1. The state cf .wnr existing be tween 8piln nnd the UnWcrt States annuls the treaty of peace ancTJnmlty of October 2n , 17SG , nnd the protocol C f January 12. 1S77 , and all Cither agreements ! , treaties and con ventions In force .between the tiwo coun tries , i . Clause 2. After the publication of thesa present thirty days are granted to all ships of the United S'ntfB anchored In our har bors to take their departure free ot hind rance. Clause 3. Notwithstanding that Spain hna not adhieared to the declaration of Paris , the government , respecting the principles cf the lai.v of nations , proposes to observe , and hereby order.to observed , the following regulations of maratlms l.lw : 1. Neutral flags cover the. enemy's mer chandise , except contraband of war. 2. Neutral merchandise , oxcspt contraband of war , Is ncit selzablc under the enemy's flag. * 3. A blockade , to bo obligatory , must bf effective , viz. : It must bii maintained with sufficient forcn to prevent access to the enemy's llttora. 4. The Spanish govornrn ° nr t , upholding Its right to grant le-ttcra or'marque , mill at present confine Itself to organizing , with the. vessels of the mcrcintlle mailne , a force of auxiliary cruisers , -which will co-operate with the navy according < o the needs of the campaign and will bo under naval control. 5. In ordpr to capture th ? enemy's ships and conflMcat3 the enemy1" ! merchandise nnd contraband of war , under whatever form , the auxiliary cruisers iwlll exercise the right of ? earch on the hlfiUi sta * and In the waters under ithe enemy's Jurisdiction. In accord ance with Intsrnatlonal law and the regula tions which will bo published. n. Defines what Is lncluilo.1 In contraband of war , namingweapons , ammunition , equipments , engines , nnd In reneral all the appliances used In war. T 7. To be- regarded and jfldpjd as iilra'cs , with all the. rigor of thejlTW , aie captaln , maF.tors. . ofllcers and two-thirds ot tlie crew ot vessels , \hloh i , not bEl/iff / American , shall ccrmmlt acts of war nijajnst Spain , even if provided with letters of'.raurquij Issued by the United States. SA'MI'SOX ' HKPUHTS O * HIS 1MU7.RS tAdvncnte General I.cmlcy T.ool.N Up the Lnvr. WASHINGTON , April ? 4. Secretary Laos has received from Admiral Sampson dispatches telllns of the capture of several of the Spanish merchantmen which.aro to be held as prizes and to Oo dltposed of ac cording to law If the proTestr niftde against such seizures are held to ue.vltfiollt ferorfad. Judge Advocate General L mley. the law ofilcer of the Navy departmcut , has been looking up the statutes oa the subject and Is prepared to assist the BcCretary In any way possible. The l''w provides that condemnation pro ceedings in the matter of prizes shall be conducted under the supervision of the dis trict courts. It Is made1 the duty of the commanding officer of tha vetael making a capture to secure the documents of the ship and cargo and send them together with cer tain witnesses from the raptured vessel to the district court In whloli the proceedings for the distribution of the } prize money are to be had. The attorney for the Uplted States Is to prcmptly illo a libel agalr-at the prize prop erty and take other proceedings necessary. The evidence is to be taken by prlzo com missioners , not exceeding" three In number , one of whom Is to bo a-jfetlred naval offi cer , and at least one ot the .others a mem- toer of the bar of the court of not le s than three years' standing and , acquainted with the taking of depositions. If the sale of the prize IB ordered the grcE3 proceeds are to be deposited with t'.ie assistant treasurer of the United States at the place nearest the sal * , subject to tbo . order of the court. I j The court is to make ? i decree of dls- , tributlon , determining what vessels are to , chare In the prize or whether the prize was i of superior , equal or inferior In force to , the vessel or vessels maHluc the capture. I The net proceeds of all property con 11 demned as prizes shall , wtjen the prize was I of superior or equal force ! to the vessel or . , vessels making the capture , bo decreed to the captors. J i * This provision was evidently put In the . law with a view to cncjcrfraglng vessel captains - | ' tains to exert their greatest effort when meeting a force of superior or of equal strength , aa the same section ot the law 1 provides that when 'the , prize vessel was ot Inferior force to the captors one-half of the net proceeds IB to be decreed to the United States and the othtr half to the cap tors. . t In cares where the amount in contro versy exceeds $2,000 appeals may be taken to the supreme court. ( UXPECT SlIUIlUfAVS , HETIIUJMEXT. Senator DnvlH IH Offered the Place and IK'clllH'N. WASHINGTON , April 24. While there Is every reason to bellevp , tl t Secretary Sher man contemplates a retlroniwit from the cab inet at no very dlatarit date , the Indications ) now are that the change "mill not take place Immediately. He declined to dlscusa the question today , Indicating , that there was more In the newspapers concerning his In tentions than was justified by the facts. There Is no doubt , howcfefftthit the presi dent considers the secrftoVyVj retirement among the probabilities , 'lie dlwussed the contingency with s.amo ot hli callers to Jay and It U understood that Senator Davis was asked whether , in caro-.there should be a vacancy In the secretaryship of state , ho would favorably consider an Invitation to fill it , and that the oenator ! replied In the negative. It is also understood , that the Minnesota senator's reason for taking this position U that hp preferq hlo position . .In the senate and , considering blmaelf reakaaably sure of a re-election , has decide4 to remain where ho Is. i . Alitor KeuialuH In the Cabinet. WASHINGTON. AprJI 24--tportB having been published that Secretary Alger In tended to retlgn from tbe 'cabinet ' on ac count of 111 health , It ciri bo.elated , after Inquiry of the secretary qlrrisalf , that there Is no foundation whatever for them. The secretary U in better hb ltrtat this time than at any MBC since he came to Wash- I gton , having completely recovered from bis attack ot the'grlp. ' San FraueUeo Leave * Dry NEW YORK , April 21. The cruiser Sail Francisco was flon'ted out ot dry dock ID the Brooklyn cavy j rd today Just at dueknthe line ? of the converted Wasp , formerly the yacht Columbia , were cast oft , and It left the yard , presumably for Hampton Roads to join Commodore Schiey'f fleet. Hear Tiotklim from the PurU. LONDON , Aoril 24. A point of vital In- terrsi for all London li wkilner the Parla hag escaped the Spanish i/ hlpVp to midnight there was abaoHy no neWi JB to tbe lineat Soutbanv ' " TWO J MORE FINE CAPTURES United States Pleat Gather * in a Brace of Spanish Steanms. EVERYTHING IS NOW COMING OUR WAY Latent .Ariinlnlllnn In n Transatlantic Vc Ncl 41R Feet In LciiRth with n Tnnnniro , of nn-t. , KEY WEST. Fla. , April 24. The United State * gunboat Helena captured the Spanish ship Miguel Jovcr yesterday morning. The Jovor's cargo Is compossd ot cotton and staves. The prlzo If estimated to value $400- 000 , Its cargo alone being worth $150,000. It belonged to the Plnlllo line , Barcelona. The Helena did not call with the fleet on Friday morning , but remained hero until yesterday , when It steamed out to eea. It was cruising about 150 miles In a southwesterly - erly direction when the Jover , steering a southeasterly course , hove In sight early this morning. The Helena fired a blank shot and the Spaniard Instantly hove to. The gunboat then put a prize crew ot twelve marines , an engineer and sixteen blue jackets on board the Jovcr , under the command of Ensign McCltllan. who had with him Ensigns Davis and MoFarland. The gunboat convoyed the prlzo Into port. The Jovcr way bound from New Orleans for Barcelona by way of Ha vana. According to the Dureau Verltas the Mi guel Jovcr , In English the Michael Jover , Captain BII , Is a Spanish steamer which steamed from New Orleans on April 22 for Barcelona. It was formerly the Port Denl- son , in bark rigged , of 2,554 tons net r eg Li ter and was built at Newcastle , England , In 1S77. Its owner Is "Empresa Transatlantic ( Hlbey do Jover y Serru ) of Barcelona. The Havana agents of the Emprosa Trans , atlantlcu of Barcelona , the owners of tbo Miguel Jovcr , arc Bacello & Co. , 43 Cuba street. It has a capacity of 5,500 tons , triple expansion engines and an electric light plant. It is classified Al by Lloyds. It has been used as a passenger rather than a freight versel nnd has been plying between Havana , Malaga and Barcelona , stopping at Santa Cruz do Tenerlffc , Santa Cruz de la Palini nnd Las Palmas , Grand Canary. Ensign Christy , with a crew of sixteen men from the cruiser Detroit , brought Into port this afternoon the captured Spanish steamer Catallna , Captain Fane , 3,491 tons , whlci left Cadiz March 7 and was bound front New Orleans for Barcelona via Ha vana , for which latter port it was making when taken. The Catallna was captured about 4 o'clock this ( Sunday ) morning , twelve miles from Havana. It was taken by the cruiser Detroit. When the first thot was fired Its captain made a. desperate effort to escape MB pursuer and the chc.se was prolonged for elzht miles. Finally a solid shot brought It to. It Is carrying a cargo of C,000 tons of staves. ATLANTA , Ga. , April 24. A special from 'Blloxl , Miss. , says the revenue cutter Wl- nona from Mobile captured the Spanish steamer Saturnlna at Ship Island , Miss. , at 1 o'clock today , butJlkely will have to re main In 'quarantine/ with the prize , tomor row or next day. The Catallna , which wcs the property of Plnelloa InefiUleredo y Ga ( of Cadi * , waa built In 1893 and'eas last serviced ta New- York In October of thit year. It is 415 feet In length , forty-eight feet In breadth and 21.4 In depth of hold. It Is a steel vernal with six bulkheads. According to the Bureau Veritas Its gross tonnage \ 5,291 and Its net tonaago Is 3,051. NEW YORK , April 25. A dispatch to the Press from Key Weot says : "The gunbcat Wllmlngten today captured the Spanish schooner Candldla with a deck load ot charcoal Intended for Havana , where It Is extremely valuable for fuel. "At thte writing tbe Cuahlng la bearing down on a schooner to the southeast , the breeze Is alow , and while It has all pall on , the Cushlqg will overhaul ! It shortly. " The torpedo iboat Porter today captured the Spanish , schooner Antonio , laden with sugar for Havana. The Antonio was sent to Key West , with a prize crew of four men under Naval Cadet Dubolsc. CUTS THE CIA OLETO IIAVAMt ! . Strict 1'roHN CciiHor lilii IH lintnli- llxlicil lit llavfiim. ( Copyright , 153S , by Press 1'ubllflilnir Company. ) KEY WEST , April 24. ( New York World Cablegram Special Telegram. ) Now ihal the government Is preparing to strike a de drive blow at Havana , it has dccUcd to let no further Information get to the enemy , The cable to Havana lias been cut and the people oi that city will have no means ot knowing anything about Adm'ral ' Snmpion'u fleet until it comes hammering with fltts of Iron and steel at the door of the Cuban cap- Hal. The government has taken possession of the wires leading from Key West to the mainland and established a censorship over all cables offered as utrict ad any tint Spain ever enforced. No news regarding the doings or purposes of the fleet will ue allowed to go out of Key West. The news of the bom- bnrdment of Havana or come great naval fight will be sent from other points not sub ject to Spanish or United States censorship. The correspondent at Matanzas rends word that the steamship Vlgilancla was drhcn from the harbor Thursday In order that the harbor might bo mined. It is In such con dition now that It would be perilous for auy veeeel to enter the harbor , and the Spanish authorities have made arrangements to notify any ship that sought to enter save those be longing to the United States , which would be permitted to try the efficacy of the mines as the Maine tried those In Havana harbor. But the United States authorities have been duly warned and no vessel ot the fleet will bo caught In any harbor trap. Spain Hitter Airaliixt ICnirlniiil. ( Ccp > rl3lit , 1898 , by Trees Publishing1 Company. ) MADRID ( via the Frontier ) , April " 3. ( New York World Cablegram Special Tele gram. ) It Is difficult to realize the bltter- ncro of the Spaniards against England. It Increases every clay , bith in the preso , In private convercatlon and In popular feeling. England 1s alleged to bo the only European power paralyzing the energetic action of other countries to force America to keep Its hands oft of Cuba. Tbls feeling is fes tered by continental diplomacy , which still encourases Spain to hope that the powers will Interpose , as they did between Japan aud China , Turkey and Greece , to prevent any excessive settlement after the war that could damage the finances or Institutions of Spain. \niiil Opinion. ( CcpyrUht. 1SOS , by Prcw 1'ubllihlng Company. ) PARIS. April 24. ( New York World C - blegrcm Special Telegram. ) Admiral Du- pont. Interviewed today on the naval question , cajs : "The two fleets are about equal In uumber and not In value of chips. The United States i ; the move powerful. Spain hs no versel to compare with the. Iowa , In diana , Oregon and Massacausette. Spain Is tar from the point of action and the UnlteJ , States dote at hand and eupposlng the .lorcea are equal In an actual fight Spain has 111 thlpe and crews at a sensible disadvan tage. If Spa la wants to win It mutt make war on American commerce , and In tracking Isolated iblpa of wcr , avoiding all genera ! engagements. " Fleet Still at St. Vlneent. < Cop > right , litt , by l'rcf I'uMUhlng Company ) ST. VINCENT , Cape'Verde Islands , April Z4 ( New York World Cablegram Special Telegram. ) Tbe Spanish rquadron concen trate * here remain * , as lut reported. Neither ot tbe expected battlwhlpj has ar rived and the fleet still consists of four armored crul cr , six torpedo craft end two transports. Tbe rumor that tbe war ships will Fdll ! s still current , but IB not con firmed officially. CLAUSTO.VB 1M SINKING VAST. Suricean to the Queen Summoned to llanarden. LONDON. April 24. The newspapers say Mr. Gladstone Is sinking fast. A change for the worse was otservcd last night and Dr. Habershon and Sir Thomas Smith , surgeon extraordinary to thequee , wcro hastily summoned to Hawnrden and spent the night there. It Is considered significant that no bulletin waa Issued today from Hawardcn and that Mr. Gladstone's family has been eumraoneJ. The Dally Chronicle eays the rumor that , Mr. Gladstone has not spoken In two days Is without foundation. On the contrary , the paper saje , he spends much time In con versation with members ot bis family and yesterday talked quite cheerfully with his medical advisers. Throughout the entire time of his suffer- In ; : ho has been most patient and uncom plaining. His pain Is less acute and he takes focd tolerably well. All reports agree as to the noble , unflinching fortitude ot his demeanor. Mr. Gladstone occasionally comes down to dinner , dressing for the table , though his meals are often served In the library. Ho . lays for hours with his eyes closed , listen ing to music. He has given his parting blessing to many friends , young and old. IS HOSTILE. iiHNlii I'rni'di'iilly tilt * Only Kxccn- tlott to the Hull- . ' LONDON. April 24. With an Important exception Uiere li general conleirautlon for the United States today. This exception emenates from Russia. The St. Petersburg Vledomcstl , speaking for Russia's attitude toward the United States , sajs : "The frlend- ! hlp which has subsisted for many yeais between the two states , excludes every Idea of nn unfriendly attitude upon the part of Russia at the present jrricturc. " The paper adds : "No doubt the UnlteJ States govern ment now values this friendship more than ever. " Th3 older contlneaMl newspapers continue thflr hcatlllty and the London Sunday pa- per.i contain many indications of unfriendli ness , Thus , the Sunday Sun , while In one place over T. P. O'Connor's signature , it warmly endorses America , In another para graph , referring to the Newcastle Chronicle B attack on America , sajs : "Though It will be dldlcult for everjono to agree with him , and especially where the writer's vigor Icada him to partial bllndnesa regarding Spaalbh atrocities , jet there .are few In England to day who will not agree with his stern de nunciation of America's nhllly-sliallylnc ; In seeking" to * give tbo wo.ll a motive nlher than the real one for the Cuban agltatkci. ' The Newcastle Chronicle fajs : "It Is not , humanltarlanlsm la herlocs , It Is hypocraf-y In hysterics. " A dispatch from Paris to the Suaday Spe cial reads "The American methods of deal ing with Spiin have excited unanimous In dignation. France will not let Spain go down without a helping hand. The consld- cratlons for the prompt , active Interference upon her part arc many. From the point of O3lf-preservatlon , the Monroe doctrine must be combatted. The hundreds of millions , lions of French capital lencstcd In Spain i must be protected , and the Latin race mini to upheld against the Anglo-Saxon. Tdo I army has been under a cloud lately and { would ba glad of a diversion. "Finally ! French prestige wouid be restored by the step , as It would meet the approval of Rus sia , Austria , Italy and even Germany. " The same paper professes to have Information mation that Chill Is likely to attack San Francisco , working In conjunction with a Spanish attack on the eastern cozflt. A special dispatch describing jeaterclay's departure of troops from Madrid , says : "There wjs a scene of remarkable enthusi asm , two men marching along with the sol diers , filling their pockets with cigars , pro visions and money , nd klslng them at the stations. Senators , deputies and a numerous I representation of the- nobility , Including many women , bid tha troopa firewall. "That there Is no way ot sending large quantities of troop * to the Canary Wands and Balearic Islands , U causing much won der In Madrid , and It Is sugestcd Spain team that In case of war with the- United Stafs other complications might arl'X ! whlcb would enjanger tbeso pcssceslors. " , HCMtl iniOOlHISKOHT IS POIl CUII'A. ' French Editor C lil < > H HIM Sympathy to Stiintor 'Mornnii. ' 'PAIRIS ' , April 24. At the Instanceof . ( Michael Davltt , member of the .British Par liament for Iroutli Mayo , 'Henri ' Rochefort , has cabled to John T. ( Morgan , UnlteJ Staten senator from Alabama , declaring that the assertion that all Frenchmen and the entire French press are on the side of , Spain la crrcocous. On the contrary , the editor Df lutrarslgeant rescirts that all French re publicans sympathize with the Cubans and their liberators. Spnln Will Appeal to I'ouorw. LONDON , April 24. at Is announced In a dispatch from iMadrU to the Evening News , dated yesterday evening , that , at a cab'nct council presided over by the queen regent at noon on Saturday , summoned to coslder the capture ot the Spanish steamer Bucna Ventura by the United l-tatcs cruiser Nash ville , It was decided to claim that the vessel was unlawfully captured and that the minis ter for foreign affairs. Sen or 'Cullon , was In structed to seek the support of the represen tatives of the foreign powers at Madrid. The dispatch adds that as a result of the capture of the Spanish steamer Buena Ven tura , the government of Spain , It la expected , will formally declare war against the United States. C1i M-r for Culm. LONDON , April 24. There was a mass meeting on Trafalgar square thin afternoon to protest agalr-Rt tbo Spanish barbarities In Cuba and the Philippine Islands. About CCO socialists and labor men were present. "Tom" Mann , Louis Mlcha and Lathrop Tithlngtoi , an American who was greeted with cries of "Good old Yankee , " made speeches. Resolutions favoring free Cuba were adopted amid cheers. Iriiiirlnil I.CIOCN Prance. TOULOI.V , 'France ' , .April 21. The old SpiMlsh Ironclad Numancla , which ba been ui-.lcr repairs for months past at the Lazeyne ship yards , started Jes'.crday for Barcelona under sealed orJeru. Us repair * not being completed It was towed by the Spanish steamer Cubonoa from Marseilles , starting In tte dirknees M order to escape observa tlon. SanXu S | aiil li Wamlilim. SOUTHAMPTON. April 24. The British steamer Mcxlcana. which sailed from Cape town on April 6 for thla port , by way ot the Iilar/i ot Malerla , arrived here at noon , Tbe commander rjporta that It did not flight a single Spanish vrar Kpp during tbo voyage. Aid for Hod Cronn Mot-lfllrn. PARIS. April 24. The French Society for the Assistance of Wounded Soldiers has donated $10,000 and has opened a nubsrp- ! tlon tor the purpove of aiding the Ameilan an.1 Spanish Red Cross societies. DEVfEY SAILS TODAY Commander of Atiatio qntdron Qoei tt > Invest Manila , MAY FIGHT WITH SPANISH FLEET THERE Dons Given Orders to Line Up Their Ship * Against Him , ENGAGEMENT NOW CONSIDERED CERTAIN Likely ifjjjjo Off Within tbo Next Too Dnjs. SHIPS MAYBE CAPFURED Arc I.nnlliiK the Philip * iMl Trjlnir to Carry OB lene > - Him nn I 10) c on Them. . ( Copjrhtit , 1S5S , by Vrtrtt publlehlnp Company , ! HONQ KONG , April 24. ( New York World Cablegram Special Telegram. ) The Aslatlo equadrcu will full early tomorrow morning without fall. All preparations to that end. have been perfected by Commodore Dewey of the flagship Baltimore. Officers and men arc enthusiastic. The fleet will sail direct to Manila and will promptly Invent U. Bomo of the vcfools nil ! bo detached and will steam south to Ilo-Ilo , 200 inllcH distant , on the Island of 1'ar.ay , It stated today that the Spanli'h ' fleet In those waters , \\lilch hn been stationed at different points , has received orders to concentrate and Intercept Commodore Dewcy's squadron. An engage ment U concldered certain. It Is said that It will take place within the next ten dajs. The United States consul here , U. Wild- man , answering the proclamation of Gov ernor Blake , holds that war Is not declared. The fleet , however , nulls these waters Imme diately and will await ConaulWilliams ot M&alla at Mlrs Day. The Spanish are loot- in ? the Philippine Island" . Two trcamiro ahlrs leave .Manila this week. The licet will watch ttiem In case of war. HONG 1CON3 , April 24. Five war ships belaiglnsr to the United States squadron , ac- companlcil by two store fhlps , will leave hero under sealed ordirs. The United SMte ciulflsrs Olympla and Baltimore , will w'olt the arrl\al of the Unltc < l States consul ( O. P. Williams ) from Manila and will follow the fleet tomorrow. The foreign enl'atment ' act has been pro claimed by the British authorities here , thus enforcing the neutrality of British oubjccla. i : TO T.VKK 1'UIITO 111CO. .Iiintii lit ( lie iHliinil AVinit Aniurlon ( o l.iuiil rFlro | iH Tlivro. , ( O rlsllt , ISSS. by J'ros I'lililkhliiK1 Company. ) ST. THOMAS. West Indies. April 24. ( New York AVorld Cablegram Special Telegram. ) I have received from the Junta the urgent suggestion to trj to InlluunLC the United States government to strike > lho flret blow at Porto Illco by dlaembarklng troops on the cist coast and marching toward the capl'al. One half of the natlvc-s , the members of the junta say , would swell the ranks ot the United States army If furnished with armi. The holdlcrs would then , according to thl * plan , co-operate and take San Juan. I'atisengcra on n steamer arriving from Ponce , on the southern coast of Porto Hlo , corroborate foimcr dispatches telling ot th sea : city of food on the Island. It ! a decreas- Ing dally and prices are rl.ilng correspond ingly. There are now 30,000 volunteers. The firemen have organized to fight for the defense - fenso of the Island from an American iava- elon. , Porto Illco , however , contains a largo element who arc revolutionist ! . ' . I' . S. Hnnna , who was United States con sul at Sail Juan , IB of the opinion that the plan of taking Porto Rico" would be the solving of the coaling station problem by , the capture of the existing SpanLh supply on the Uland. Owing to the healthy con ditions Porto Illco would bo an excellent base of o cratlozs against Spain and lot the acclimatization of troops In case of the prolongation of the war. Refugees who have just reached hero on a schooner from Porto Rico say that A state ot great alarm exists there. Martial law has been proclaimed. No opportunity U given refugees to leave the Island. The population remains In Ignorance of the events of the v.nr. Halstead , the English correspondent , who was sent oilt of Cuba by General Blanco and who Is now at Ban Juan , will surely be put to death. Mines are being planted outside San Juan harbor and the fortifications arc being finished to await an attack. Denmark and Holland arc seeking sup- plica of coal In the West Indies. United States Cciisul Van Horn , , at this port , has been authorized to purchase the existing supply of coal. The prlco Is high , but ho has bought 1,500 tons , which will arrlva tomorrow , and Is negotiating for more. GEORGE URONSON REA. cum. Are lleluu : "Concentrated " In the Count CltlcM. KINGSTON. Jamaica , April 24. The United States consul at Baracoa , Cuba , Alfred T. Trlay. his wife and two children , two Spanish merchants and twenty-two Cuban * and Spanish-Americans , mostly women and children from Guintanamo , debarked from the Ely hero today after a twenty-four hours' quarantine. When the steamer left Guantar.amo Friday last a Spanish mob , Inclu ling many soldie.-a , filled the public square and adjacent ftrej'H. jelling "Death to the Yankees ! " Several American flues were torn , trampled and treated wttli Indignities. Sonic naturill/.i'd Americans wcro compelled to take part la the ) work on threat of death It they refused- Orders to the Spanish army declaring II o armistice ended were posted at Guanuiuuno laal Friday. Two days previous the tioopa began concentrating at the principal buatnaat cities , abandoning all the Interior towns and plantations , In many caoci burning them. The passsngcrs by the Ely believe the de vastation ot that part of the Island will ba completed before the Americans liuade the ports held by the Spaniards. Ordinarily there are 2,000 Spanish eoldlera at Guantanamo. Now there are 7,000 there. New defenses , earthworks chiefly , are under construction and the mounting ot field piece * la In progcers. Two tapld-flre three-pounders and four ancient models have been received. Germniix In I-'rli-iullj- . ( Ccpjrltlit , 1SS1 , by 1'rrta Publishing- Company ) 11BRMN , April 2l.-Ncw ( York World Cablegram Special Telegram. ) Although Gerrran newspapers continue hostile In their criticism of American action , signs are not lacking that the attitude of the press Is not shared by the government. The position of the Immense German population and the United Statea and the evidence they have given of patriotic sentiments have told heraj with corslderable force. It begins to bo , evident , moreover , that Germany will cor dially follow the English lead In Its treat ment of dcllrate questions of International law concerning commerce on the high eeao , lather than tliu lead of Atatrla or France. Amlti * I'nlM to Srn. QUKDNSTOWN. April 25. The thirty ) : no' F-aii Hi torpedo boat destroyer Audax prsiej Hoarsen Point at 5:45 : a. m. today ) ( Van' ; l yoln ; ; seaward , after three we ka ' . . ' v - . . ; i.ti'.jv.n dry dock. J