New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1873-11-24
OUR RELATIONS WITH SPAIN.


such interfcrences now that Intercourse OF Chris.
tian States close and the condue: Of each liz
felt and judged by the enlightened sense Of ali their
peers throughout the world Now, whether Of
iDhumanity and that result OF judicial trial. would
call for interference for MORE long a. there IL
danger OF its repetition. s,a point which incomplete
knowledge OF the circumstances putst ont OF power
to decide IL be that the just wrath OF the Cubans
against longcontinued instruction fed fIom abroad
called for an example 10 may be that fendsh spirit
OF savage cruelty going up from the populace TO tina
courts wreaked itself In horrible way leave this 10
be decided by those who get greater ght aud more
trustworthy counts than have come 10 me-
The other part OF the subject Ia the seizure OF tho
yireinus on the high seas Were the papers sufficient
10 require that she shold be allowed TO her way
Was the reasonable ground which the Spanards had To
believe that the vessel really bound for the neigh
borhood OF the instruction ia order TO aid In twas
this ask enough authorize selling the vessel and
carrying tor trial into Cuban porti In regard TO
the circumstances must here take much on fath bnt
the character aud destination OF the vessel seem 10 b
admitted
What was the oense OF the vessel is the point that
will look at first. II We have correct understand
ing OF its character the oense not piracy accord
ing the law OF nationsfOr there was no dntnm |I
randi and intention to do anything except TO trans
port certain men and goods from port 10 another.
It was not treason for any but the Spaniards
who were on board aud engaged IN the enterprise. II
was breach Of blockade for there was, as under
stand IT, blockade. IL Was not technically carrying
contraoand of war; for there not technically any
war It Is hard define the crime, but was very
great crime other than for captain and vessel TO
be engaged in doing what was really a hostile act
more than carrying cOntraband-carrylng officers OF
high rank In the rebellion as near to the scene OF armed
possible It 10 be observed also, that tho
vessel, although uOmnally American, seems to have DO
onged TO Cubans and to have been engaged 10 no regu
lar commerce. Now in such as this do the ordL
nary laws respecting the rights Of visit and OF capture
apply IL that IL Is an extreme case winch
the ordinary law of nations does not meet ana that tne
Spanish captain Of the Tornado was put 10 necessary
OF making the capture for the sake OF the peace Of tna
island it was q case OF necessary sefdeiense for pro
venting
There IL another cure outside OF ordinary law. by
which this may be illustrated The Caroline IN 1884, wa
employed By some Canadian insurgents to carry am
munton and men across the Niagara River TINS being
discovered an expedition prepared to capture and
destroy the vessel on the Canadian side nut ala moi
reach it until it had returned into New-fork waters
There was great Indignation felt at this proceeding
which involved violation OF neutral territory beside
other acts similar to those that occurred the Of
the Vrgnlus In the correspondence to which tins aes
gave rise Mr.. Webster said that such ayolaton Of
neutrality could be justified only by necessity Of
seifdefense, instant, overwhelming, aud having M
choice OF and moment OF elaboration" LORD
| AshburtOn coutended (this was in 1872 that such
necessity existed, and regretted that no explans
| ton Of the occurrence made az the time. Cas-
any doubt that strong natiOn-that the United
States any strong nation, would have preferred to
take the risk Of acting in irregular way rather than
to allow such expedition to come int the territory
II seems idle TO try to Judge such by ordinary
In the present the Spanard could not that
there instant overwhelming necessity OF self
defense but they could urge that they we're practically
invaded by their Insurgents that It was necessary
to seize the vessel while they could otherwise the in
surrectlon would assume new proportions; in short
that the violation OF neutrality was necessary and thai
| the circumstance called for instant action.
Another case from which draw illustrations IA
that OF Koszta who having already made the usual deo
aration preparatory TO being naturazed seized in
Smyrna when provided with passport there by tho
American consul, taken by boats of an Austrian
frgate and put into irons IL reported that he was
to removed by Austrian officials at Smyrna into Aus
tra, aud the captain Of public vessel OF the United
States prepared to resort force unless he
leased This led to the arrangement Of his being put
under the French consus protection until the govern
ments which were at issue could agree.
Now would II have been accordance with nterna-
Ona law to force in protecting him Certainly not
in ordinary cases But here extreme case, in
which Turkey was passive and impotcnt, aud could
afford protection. II KOsza had not been helped al
this moment he could not have been helped at ell The
necessity justified as it have done the
| OF the Virginius
Here ask. what have the Consus OF the United
states been accustomed 10 do In the West Indies in such
this of the Virginus Do they think it their
duty to give the official papers when they know that the
transaction is utterly Illegal And il this were sol
IL bypOthetically-would 1t not show TO the Span
iards that reliance could be placed on our own
authorities in their waters, to protect them against
allowing expeditions really warke to proceed under
their very eyes against Cuba :
You will that this is in some respects peculiar
There is no war in Cuba-and yet there is war
The Virginius American vessel. aud yet not
American vessel All the defense OF the vessel rested
sham. and the state OF things In Cuba was IN
sense a sham. The only reality about the matter
the terrible that broke through the sham that said.
This vessel means war; and 10 take It for
what IL Is. Would you have us give up right OF self
defense against for a shsmp There a conflict In
the case between unjust law and unlawful justice. A
weak nston must be careful how 1t breaks through
the fine work Of what is lawful but strong nation
will do 1t and take the consequences. suppose part Of
Ireland to be in state OF armed instruction and
American vessel 20 be engaged In carrying from
port in Spain important Irish leaders. well am
ammunition and money, does any one believe for mo
ment that the Government OF Great Britain would hest
tate TO arrest the vessel before IL had got British
waters when there great risk that halle Kiln
gushed rebellion would be lighted up again by the
rival of the OF and the sympa
thizersi impute more solid sense TO Great Britain.
VIEWS OF REvERDY JOHNSON.
THE CAPTURE OF THE vrRGrNIUs HLEGAL-THE OBJ