New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1873-11-19
THE L4W OF TIE CASE.

The applcation of certain rules OF interna-
ional law to the case of the Nirginius seems
TO be better understood by the President than
by some professional jurists whose Opinions
we have ALWAYS been accustomed to regard
with great respect. In "a conversation re-
ported by the Associated Press, Gen. Grant
declared the other day that this Government
" did not recognize any right on the part OF
"Spain in the present state of affairs TO IN
terfere in any manner with our merchant
ships upon the seas except the usual right
" in her own ports and within one marine
league of the coast of any of her dOminions."
And this is exactly right. II makes no differ
encc whether the Virginius was carrying aid to
the insurgents or not. According to ex-Presi-
dent Woolsey, Z" if the Virginius, though sail
"ipg under the United States flag. was en-
gagged In traffic prohibited by the law OF
| nations, then the United States Government
cannot make the transaction any ground for
"war or, in fact, of complaint" And he
assumes that supplying the Cuban rebels with
arms and ammunition and conveying passen-
gers to swell their army is q " traffic prohio-
tied by the law of nations
This view however is not sustained by the
| most respectable authorities, and has never
been accepted by our Government. The right
to interfere with the ships of another nation on
the high seas is a beligerent right flowing
ont of state Of war. But where there IL no
war there can be no contraband of war, and
no right of search or seizure except that
which municipal law may confer within the
| territorial jurisdiction of the Selling party
| Now Spain has never recognized the existence
| of n state of war in Cuba, nor has the United
States. When the Spanish grlnbOats were
| seized in Newly ork in 1869, it was argued by
| the Standards that as the Cubans were not
| belbgerents the sale of armed vessels TO Spain
WAS a legitimate traffic. The State Depart
| ment acquiesced in this position, and the YES
sells were released Spain must now stand by
her own rules If We can sell gunbOats to
her we can sell guns to the insurgents, and
shin them on American vessels. There Is no
law of nations which prohibits such u
commerce, or gives Spain any rights what
ever over the ship or the cargo, until she
finds them within Spanish waters. Then they
come under the Spanish laws, and we cannot
complain if they are confiscated. In his pro-
test against the now famous decree of Captain
| General de Rodas in 1869, Secretary Fish de-
clared that if Spain purpOsed to recognize the
existence of "A war in Cuba the United States
| would cheerfully comply with the. duties to-
ward the two beIligerents imposed upon a
neutral by the law of nations; but while re-
cognition of belligerency was withheld we
could not allow our vessels on the high seas,
"whatever might be their cargo" to be sem
"barrassed or interfered with" That is Gen.
| Grants declaration now, and he is sustained
| in it not only by the sentiment of the country
but by all the best authorities on international
law. 1t seems to us of the highest Importance
that this case should be fully understood. Our
complaint against Spain is two-fOld-not only
that she has barbarously massacred American
citizens without fair trial, but that she has
unlawfully seized an American ship on the
high seas. No reparatiOn will be sufficient
which does not cover both Offenses.