New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1873-11-10
TIE CASE or THE VIRGIAICS.

The case of the captured steamer Virglnius
and her unfortunate passengers is 10y no
means so simple as the excited Cubans of
New-YOrk would have it appear. There is no
question, we suppose, as TO the business III
which the vessel has been engaged during the
mast two years, and if she had been caught
in the act of running the blockade or landing
men and munitions on the Cuban coast, no
claim for her release could be substantiated.
1t does not follow, however, from the notoriety
of her character, that the Spanards have
right to take her on the open seas.
The right Of search is an incident
of state of war a neutral can
be asked to submit to the detention of his
vessel and the cOnfscation of his property
only on the plea that the vessel or its cargo is
destined for the use of power with which
the eaptor is waging hOstilities. To assert the
right of search and seizure, therefore, in
wolves recognition of belligerency. But
Spain has always refused this character to the
Cuban insurgents, and the United States has
not yet granted it. On the ground that the
Cubans were not belligerents, Spain demanded
and the President conceded the release of the
thirty Spanish gunbOats built in New-York in
1869, and it was held that so long as a state
of war was not officially recognized, vessels
and munitions of war were objects Of legitimate
trade. In 1869 Captain-G General de Rodas is
sued decree closing certain ports in the
island Of Cuba, and contemplating an inter-
ference with the commerce of the United
Estates on the high seas.n Mr.. Fish remOn-
strated in note to the Spanish Minister at
Washington. "The freedom of the ocean, he
declared, "can nowhere and under no cir
"cumstances be yielded by the United States.
90. q, The United States cannot be indif
ferent OF silent under decree which by the
" yagueness of its terms may be construed to
"allow their vessels on the high seas, whaterer
"aay DO their cargo, to be embarrassed or
"interfered with. If Spain be at war with
Cuba, the United States will submit to those
rights which public law comedies to belliger-
ents.r In consequence of the attitude taken
by our Government that portion of the decree
which threatened suspicious vessels with search
and seizure on the high seas was withdrawn,
and when the Lloyd Aspinwan was subse-
quenty seized, the Spanish Government paid
an indemnity TO her owners.
1t seems clear therefore that while belliger-
ent rights are withheld from the in
surgents the Spaniards have no authority TO
interfere with hostile expedition unless it is
caught in the act. Here, however, the ques-
ton may arise whether the Virginius was not
constructvely in deiicto when she was captured.
She had attempted landing on the Cuban
coast on the Goth, but had been repulsed and
sailed for Jamaica. Two days afterward she
was oyerhauled by the Tornado, within SIX
miles of her destination. A blockade runner
may he seized not only in entering or leaving
the forbidden port, but anywhere on the high
seas until the end of her return voyage, after
which no faint attaches to her. Does the same
,,,le appIy TO the Virginiusi IL would seem
not. because yessol Of her chaEa9tsg ~ an