, 1873-11-29

roads md abooh tho doatl-hoaa syBtorn alto
golhcr, they could not do tho newspaper proso
creator fnvor.
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TIE LAW APPLICABLE 10 THE v1RG1N1us.
Tho Visginius affair has 50 shocked our fecl-
ings Of humanity, aud 80 rousol our indigna-
tion as people, that tlloro Is somo danger Of its
running away with our judgment, and cvon OF It's
involving us in d war which cat,nos but bo mill
fortune, since war Is always n misfortune. Tho
best Thing W. Gun do, llowovor, is to look calmly
at tho facts before we begin to think Of war
uayo wo casus belli7 It nil doponils OIL tho
facts Of tho caso, md, If wo do not know tham
all, perhaps VIC know enough to onablo us to de-
cida tho question. Perhaps tho facta not yet
known, or still disputed, nro entirely Irrelevant
to tho question whether our rights havo boon
disrcsardod. At tho tino Of tho cap
turo Of tho virglnius, tic United States
was at ponce with Spain; rs much
at peace with Spain rs with England or Ruuaia.
And tho Visginius X fitted out to engago in
hostiities against Spain, was precisely in tho
| aame condition as If it had aai1od to fire st,
Petersburg or London, and 1nurdor a st. pe-
tersbnrg or. London garrison. Such WAS and
ulust be its status before tho world for We
have not acknowledged Cuban independence.
nor do no consider tho Cuban insurgents as pos
| scsBcd Of beiligoront rights. Not considering
| them engaged III lawful warfare, "o must. there
| fore, cousidor them az engaged In rebellion
treason. This no must not full to bear In mind
! in discussing tie question, and yet this las
uniformly been lost aiGht of in tho argument;
| and pGtuciplos Of international law bearing on
the subject as consequence as much ignored
as il they had no existence.
Not having granted tho reyoltoa Cubans
bo1ligerent rights, our relation to Spain is not
| that Of neutral but Of friendly power, and
Spain is to us not q country engagod In war 30
much as country struggling for eristenee. T1is
distinction may aeem rathor ronnod, but, It no
mistake not, Important conclusions flow from
1t. Writors on international Inv devote co1l-
siderable space to tho rights Of nations to solf-
preservation ind tho principles governing that
right. Now grant, as wo must, that In spaiu. as
In all other nations, this right Ia inheront It
ia woll-aett1od principle Of international law
that tho doct.ino Of territorial inviolability is
modified by thas Of self-proseryalion that this
latter is the first law Of nations rs we'll az Of
individuals, prior and permanent to tho former.
{see plillimorc, international Law Vol. /, p.
2a7.) 10 maintain this right nntion il
warranted to CROSS tho borders of her noiglbor'a
territory Wien robols shelter themselves there.
and disporso Or capture them, or do what
ever clae tho exigoncios Of the case mug require.
Vntto} malntnins tho sa1no doctrine.
In tho Canadian Rebellion of 1888, tho illaur-
gontR found shelter on tle American frontier,
and American citizcns joined thoir ra.llss. Tho
steamer Caroline WAC employed in tic trans
port OF munitions of war, but when not 10 onl-
ploycd was lnoorcd Off tho American Rlo.o. a
l.or alrift, and gout her down over tho Fnlls Of
Nnsasa.. Our Government complained 10 Great
Britain. Groat britain pleaded seli-proAoryation
s.ld lhillimoro, commenting OIL the case, ronu,kF
ti,as il tho version Of tlle fanta bo correct, tls
plea w..a IL complete yizulication. Hero tlore
,Yas no condemnation, ,,o preliminary inyostiga
tion; nor Of. principles OF International law Viii
it nccossary tllero should be. Tho question q
shooting tho prisoners being loft out Of considor
ation,--aul wo need not consider that horo,-thi'
seol,s to l,nvo been case of more aagrant as
sumption Of power on the part Of England thar
that of ths Yirginius OH the part OF Spain.
Iu 1926, tho muatorng md equipment Of Por
tuguose robela on tho Spanish frontier. un
checked by tho Spaniuh autloritfos, at timt
whom England and Portugal wore allios. Wa
considered a good ground Of interference b.
England, and sho accordingly sout troops t.
Portugal. tt Is laid dovn by omlnent lurlst
that, wharo nation has afforded rofugo--a
it certainly has right to do-to tho leaders Of
rebellion, sho Ia bound to take all possible care
TINT no hostile expedition Ia concerted With
hor torritory. An en.inons writer says that
tho expedition Of tho Into Emperor Of tn
French, in 1912, against tho thon existing mon
arcly OF Franco, had talten plaoo with tho aane
tiou or couniyance Of tho British Government
England would hayo boon guilty Of gross viola
tion Of international law.
From all of tho above 1t seenla to bo the la'
Of nations that q. nations torrtoly-and til
deck Of tho viEglnius was, for all practical put
poaes s,ch torsitory-is not under all circun
stanccs, inviolablo, and that. especially in case
of rebellion, it is, In tho oxorolBo OF tho highc
right of so!f preservation, lawful to entor on til
Territory Of IL friendly power, md thithor llrsu
rebal|ioi1a nubiocts or those oo.operntiny wit
thom For wnrlilo PURPOSES. Tito caseH Of th
I'ront aud Of tho VirginiuH arc t'y no ,noa'
, parallel. Tho Treutwaa not vcsaol of war;
, WIS not bringing onclnlcs to our Shore 1t VT
not coming to our shores ut NIL. Tie mission I
, s1ason and Slldcll was very different from th!
r Of tho crow OF tho Vlrglnius.
ltcatnot 10 olair,ca tint tho hearoh OF til
Vlrglniua was II brcaol, OF international lay
Tho right Of visit may Eo oxorcisou III timoa I