Elizabeth daily monitor. [volume] (Elizabeth, N.J.) 1868-1880, 1873-12-09
1hE AIoLoeY FOR rHt. TORN Apu.

It is very true. say the apolo9ists for
the seizure OF the Virginius, that the
United States cannot recognize the right
of a foreign power to stop American
vessels ON the high seas in time of peace;
but this Cuban blockade-runner was not
an American vessel she was the pro-
perty of the Revolutionary Juntb; she
was employed wholly in the service of
the insurrection her register was a
sham, and when she displayed the flag
of the United States she was guilty of a
fraud. In Selling her Spain merely
seized the property and p rsons of her
own subjects.
The answer to all this is that the al
legations are not proved, and that We
cannot allow them to be tested by q
Spanish naval court-martial on the deck
of a Spanish man-of-war. They form
the basis OF complaint which Spain
might have reasonably presented to our
government, but they are no lustiiica-
ton of summary action. The papers of
o ship being in every respect regular,
she must be presumed entitled to the
prote ction of the flag under which she
clears until the contrary has been
shown. The Virginius carried an Am
erican register, aud she received clear
ance from the acting United States Con-
sui at Kingston, which was equivalent
to an official certificate of her national
jty. 1t was tantamount to formal de-
claration by our government that she
WAS entitled to the protection of our
flag. But, moreover, the question as to
her chal acter had been practically rails
ed on two previous occasions, and the
United States had answered it.
In 1872 Spanish gunboat threaten
ed to seize her outside the harbor of
Aspinwall, when General Hurlbut, our
minister to the United States OF Colon
bia, after q careful examination of the
case, requested the commander of the
United States steamer Kansas to con
voy her to sea. Last June she was
again menaced by Spanish gunboat at
Aspinwall, and again she was protected
by the Kansas. On this occasion the
commander of the Kansas, in reply to a
note from the Spanish commander,
wrote, after due inquiry and examine
ton OF the vessels papers, and consul
tation with the United States Consul :
She is considered entirely and com
pletely United States vessel and auth.
orized to sail under the United States
flag. shall feel myself bound to con-
slider her SO" These proceedings were
sanctioned by the Administration at
Washington, as indeed they must have
been on any conceivable theory of the
duties of government.
Now it must be clear that ii the Unit.
cd States has made a mistake in extend
ing protection to ship not entitled to
it, the mistake must be corrected by
means of q proper diplomatic remon-
STRANGE. No nation can permit its Off
cial actions to be revised and reversed
by summary process on board for
eign man of war. Ii this berty is once
allowed, it is impossible to say TO what
violence and abuse it may not lead
There is no longer any safety under the
hag of power which oyerlooks such an
affront. There is no use in sending
navy to guard our commerce if every
captain of a gun boat may decide at his
discretion whether we have right to
protect any vessel 10 which We have
issued papers. The settlement of that
ques ion belongs exclusively to our
selves