Only for the timely arrival of the British man-of-war _Niobe_, and the prompt and decisive action of her commander, there is no doubt that ninety-three others would have shared the fate of their companions. Some were Americans and some were British. The excitement in this country was intense, and war with Spain was widely demanded. Further investigation revealed the fact that the American registry was dishonest, that the ship really belonged to or was chartered by Cubans, that it was engaged in carrying supplies and munitions of war to the insurgents, and that its right to fly the American flag was more than doubtful. The ship was seized by the American authorities under a charge of violation of the maritime laws of the United States, and was ordered to New York, for a trial of the case. American naval officers were placed in command, but she was in bad condition, and foundered in a gale near Cape Fear. As far as the vessel was concerned, the incident was closed. There remained the question of indemnity for what Caleb Cushing, then the American Minister to Spain, in his communication to the Spanish authorities, denounced as "a dreadful, a savage act, the inhuman slaughter in cold blood, of fifty-three human beings, a large number of them citizens of the United States, shot without lawful trial, without any valid pretension of authority, and to the horror of the whole civilized world." England also filed its claim for the loss of British subjects, and payment was soon after made "for the purpose of relief of the families or persons of the ship's company and passengers." In his _Cuba and International Relations_, Mr. Callahan says: "The catalogue of irritating affairs in relation to Cuba, of which the _Virginius_ was only the culmination, might have been urged as sufficient to justify a policy of intervention to stop the stubborn war of extermination which had been tolerated by peaceful neighbors for five years. Some would have been ready to advocate intervention as a duty. The relations of Cuba to the United States, the Spanish commercial restrictions which placed Cuba at the mercy of Spanish monopolists, and the character of the Spanish rule, pointed to the conclusion that if Spain should not voluntarily grant reforms and guarantee pacification of the island, the United States might be compelled, especially for future security, temporarily to occupy it and assist in the organization of a liberal government based upon modern views. Such action might have led to annexation, but not necessarily; it might have led to a restoration of Spanish possession under restrictions as to the character of Spanish rule, and as to the size of the Spanish army and naval force in the vicinity; more likely it would have resulted in the independence of Cuba under American protection."