The evening telegraph. [volume] (Philadelphia [Pa.]) 1864-1918, 1869-10-09
SPIRIT OF xzz PRESS.
.,,,-,t OpinIons of tho Leading Journals
H" 2iron Current Topics Compiled Every
nav for the Evening Telegraph.
a NEUTRAL, ASYLUM IN WILMINGTON
FOR THE HORNET.

From, the NJ Y World.
T. seems pretty clear that the friends of
I,espedes hoped they had friends enough in
Ihe administration to compel decision on the
belliperency question by the presence of the
Hornet in the port of Wilmington. Their
Ibeory was that if complaint were made at
fbe Department of State by the Spanish Min
5ster that asylum was given to the cruiser, the
Teply would be that this Government afforded
such asylum for reasonable time to all belli-
perent ships of war of friendly power, with
their prizes for the purpose of obtaining sup
plies or undergoing repairs, or for temporary
refuge from casualties of sea and land, or for
other objects compatible with neutrality; and
this would be quasi recognition of the Ces-
redes government, under whose authority the
Hornet was upon the high SEAS Their hopes
were. however, doomed to disappointment.
We suggest to the representatives in Wash
snpton of the insurgents that there is another
method by which they can again bring up
iheir point 1t is everywhere admitted that
nublic ships of war, belonging to a de tdct0
Governments are class of sovereign 1nstru-
ments which no other power can, In time OF
peace, interfere with-certainly not through
Its judicial power. The Cubans claim that
the Hornet belongs to the republic of Cuba
and sails under the commission and flag OF
shat government. She is no privateer, they
Say, but belongs to the navy of the Cuban
republic Now, she was seized and detained
an Wilmington by the United States Marshal,
under Commissioners warrant, as 1t is re-
presented If the Hornet be, in law and fact,
n public armed vessel of a friendly State
visiting Wilmington in pursuance of the un-
ilerstood permission of nations in such cases,
then such seizure was not only illegal, but an
affront to be atoned for. Let Mr.. Lemus at
once demand an apology of President Grant,
and in that form bring up the question OF
beligerence.
If that fails, then Mr.. Lemus will have to
adapt himself to the fact that the assumed
ownership of the Hornet by his pretended
Government is no better, in public law, than
an ownership by any other equal number of
individuals. She is not government vessel,
but an avowed private cruiser She is not
even privateer, for the reason that the Gov
ernment whose letter of marque she bears is
no government at all, so far as the United
States is concerned. Being private vessel,
she is liable to seizure and condemnation
for any municipal offense she has committed
against our laws. If, when she left Phila-
Ilelphia for Halifax, there was fixed intent
on the part of those who controlled her to
Employ her in hostility to Spain, she commit
fed an offense then and there the taint of
which has not been and cannot be purged
away by her subsequent voyage to Halifax.
She did not deposit the offense at that port,
nor did she remove it by the dodge of new
owners, a new crew, and new officers. There
was case decided in the Supreme Court OF
the United States, by Chief Justice Marshall
called the Gran Para, which settles the whole
Business The real question is as to thu
illegality of tAe purchase and preparation a
philadelphia. Was she cleared with inten
that she should eventually cruise agains
Spain? That is the point to which Mr.
Lemus needs to direct his attention, if h.
breaks down in the effort to make her a vesse
of the navy of the Cuban republic, entitled
to asylum in Wilmington from distress a
sea. The allegation that arms were put ol
board from this port by the schooner Pred
more, or supplies by the Martha Washington
will be annoying, but Philadelphia is tn
initial point
If Acknowledgement Hoar insists on hold
ing the Hornet, her officers and crew, unde
a charge of piracy, that will call for a displa,
of all the legal acumen Senor Lemus ma.
possess. Piracy, however, is thing eas.
for the North Carolina lawyers and tn
Commissioner to talk about, but to give
aegal definition thereof which will hold waite
will puzzle them till next Christmas. By al
means, let Senor Lemus argue vociferousl
that, before either the steamer or the men Cal
be condemned as pirates, there must b
an act of piracy proved. Mere intent an
purpose are not enough. There must be a
actual depredating on the high seas, with a
intent hostile to persons and property thereon
and criminal in the form of internationf
law. If Mr. Lemus gets in a very tight place
let him take the ground that the officers an
crew Of the Hornet acted in good faith, sup
posing they were operating under commits
sion from Cespedes, which President Graz
would recognize as issued by competer
authority If need be, let him introduC
affidavits of conversations with the Presidel
and certain members of the Cabinet, and po
sibly the speech of District Attorney Pierre
pont, in the Republican State Convention,
which the friends of Cuba were led to SUI
pose that recognition could not be delaye
so long as would be required for the Horne
TO appear on the coast. This point, if ar
fully worked up, will be sumner, an
will very likely induce North Carolir
commissioner to open the question of Il
actual intent of the prisoners. We repe
that Mr.. Lemus, in respect to piracy, h
two strong points; first, that no wrongf
intent, because they thought President Graz
would, when the pinch came, recognize I'll
Cespedes commission.
Finally, if everything else breaks down, !
The representative of Cespedes vigorousl
but with true Castilian adroitness, exploit Il
rrotchet thrown out by Judge Nelson frc
she bench on the head of the crew of the
zannah, that to constitute the offense
piracy the prosecution must establish an
Dent to depredate on vessels OF any and
nations, and that purpose to destroy or 9
prOpriate the property of single nation, Ii
Spain for example, is not enough. Dema
proof that the Hornet was inspired by pira
cal intent against the commerce and proper
of all nations.
...Az -. IL Il