New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1873-11-08
tween the virtue Of the Custom-house ana the
vengeance Of John Kelly it is possible that
tho city may get an improved police.
SPANISH BARBARITY.


The Spanish authorities in Cuba, in order TO
crafty q heartless spirit Of revenge, have
committed On act which is calculated 10
cmbrol them with at least ono anu
probably two powerful countries. opiy
two days ago we published tho announce
ment by telegraph from Havana that the
yirginjus, registered as an American vessel
and whose right to bear the American nag mas
never been officially withdrawn. was cartured
by n Spanish gunboat near the shores OF ia
maica, and that some of the passengers were
likely to be tried and executed, ms
sanguinary menace has been carried ont
with startling promptness. -Four OF Ine
passangcrs taken on board the Virginins, one
of whom is an American citizen or subject
of Great Britain, have been shot at Santiago
dc Cuba. Setting aside all questions of inter-
national polty, the precipitancy with Which
this act has been committed merits the seVeres'
reprobation. AS if effectually to deprive
the prisoners Of any prospect OF the clemency
which might be held ont to them on dispas-
sionate discussion Of their case, these defense
less men were fastened into eternity within
four days of their capture. The proceeding IS
barbarous, and will certainly call forth the
indignation of civilized nations.
But there are other circumstances connected
with the case which arc likely to prevent the
pcrpctrntoIs of this act from enjoying that
mpunity which they probably anticipated
The authority under which the Spanish COM
mandcr seized the Yirginius is of the weakest
kind. The reiterated assertions of various
officials in Cnbl, that there was no lnsnrrec-
ton in the Island, are well known. In inc
face of these declarations, Spanish gnnDoat
assumes the right to capture vessel Salline
under neutral flag on the high seas. IL Is
n matter of no trifling importance, even III
time of war, for q Power to search heuTah
vessel Even in case of blockade tho riSht
of o blockading vessel to seize ncutrai
vessel not actually discovered an detcD Is one
which should only be exercised with great CIR
cumsnection. In Cuba there is no blockade ;
the very idea of blockade is opposed to the
theory by which tho efforts OF the spanish
authorities in Cuba have endeavOred to sup
press tho instruction. 1t is true that,
in 1850. brutal decree OF Captain
General dc Rodas expressed the determination
of the authorities to exercise a supervision
over the commerce of the adjoining seas; but
the United States Government regarded thls
assumption of power as. inconsistent with a
slnte of peace to which it could only allow It's
vessels to be subject when Spain should aV0w
herself to be in state of war. In view OF
this announcement tho decyee was partially
modified, and the fact Of the modification pro-
mulsated by the Captain-General.
There is no necessity to establish the fact,
which is known everywhere, that there was
no such blockade of the coast OF Cuba
which would be entitled to the dc tactO
character required by international law.
The Spanish Government has conceded ire
vocably the right of American vessels TO en-
ter tho ports Of Cuba. In January, 1870,
tho American steamer Lloyd Aspinwall,
regularly cleared from Port an Prince, Hayti,
tor Havana, was taken near Nuevitas by n
Spanish war steamer. Upon remonstrance
10y our Government the vessel was released,
the claim of the owners to indemnity was
promptly paid by the Spanish Government.
and the case was closed to the satisfaction of
our Government, which had made vigorous
demand for ieparat.On.
1t would seem that the municipal or military
authorities at Santiago de Cuba, to Justify
their anxiety summarily to punish their prison
era, claimed the right to proceed against the
latter "a pirates. Until further details are re-
ceived of the circumstances attending the cap
ture of the YrgiDius, it will be premature to dis
cuss the right to regard the crew as pirates.
But 80 far as is known there is little evidence
upon which this charge could be sustained
before an impartial tribunal. As for the pro-
vincial authorities at Santiago dc Cuba, who
assumed the right to determine nice questions
of international law, who would attempt to
youch for their impartiality
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