The Spanish minister of foreign affairs at that time was Admiral Polo de Bernabe, father of the new Spanish minister who succeeded Dupuy de Lome. He wanted to submit the matter to arbitration, and Secretary Fish replied to him that the "United States was ready to refer to arbitration all questions properly subjects for reference, but that the question of an indignity to the flag of the nation and the capture in time of peace on the high seas of a vessel bearing that flag and having also the register and papers of an American ship, is not deemed to be one referable to other powers to determine. A nation must be the judge and custodian of its own honor." Most of the men were executed after protests to Madrid began to be made. Madrid mobs made a demonstration against the American minister, General Sickles. November 4, Secretary Fish cabled Sickles: "In case of refusal of satisfactory reparation within twelve days from this date close your legation and leave Madrid." Ten days later, when the executions were over, he telegraphed: "If Spain cannot redress these outrages, the United States will." Ten days after that he wired: "If no settlement is reached by the close of to-morrow, leave." Next day Spain became tractable and war was averted. By his conduct in Madrid at that time General Sickles made many friends of those Americans who wanted to see energetic action, and many enemies among those who wanted peace at any price. It was alleged afterward that the latter influence became dominant, and that his recall from that post was the result of their work to punish him for his energy that was not always diplomatic in its forms. SETTLEMENT OF THE TROUBLE. The terms of settlement of the trouble were that the Virginius should be surrendered to an American warship, with the survivors of those who had been captured with her, and that on December 25 the United States flag should be saluted by the Tornado. The surrender was made in the obscure harbor of Bahia Honda, December 16, the Spanish having taken the Virginius there to avoid the humiliation of a surrender in Santiago or Havana, where it should have been made. Captain W. D. Whiting, the chief of staff of the North Atlantic Squadron, was appointed to receive the surrender of the Virginius, and the gunboat Dispatch was sent to Bahia Honda with him for that purpose. Lieut. Adolph Marix was the flag lieutenant of the Dispatch, the same who was afterwards the judge-advocate of the court of inquiry on the Maine disaster. The Virginius was delivered with the flag flying, but she was unseaworthy, and, struck by a storm off Cape Hatteras, was sunk on her way to New York. The salute to the flag that had been arranged was waived by the United States because the attorney-general gave an opinion that the Virginius had no right to fly the American flag when she was captured.