The daily phoenix. [volume] (Columbia, S.C.) 1865-1878, 1873-11-29
COLUMBIA, S. G.
Satur Jay Morning, November %. 1873.
Views on tho Cuban Question.

the subject of war with Spain for
Cuba. The question is one that should
be adjourned from popular meetings to
the judgment Of publicists and states.
men enlightened in the principles OF in
ternational law. and responsible for the
honor and credit Of the country. The
motives of revenge and punishment. OF
greed for the acquisition OF valuable
possession. in disregard of the comity
of nations, of desire to harmouize
alienated sections, of purpose to ex-
pand the currency, Of an outlet for dis.
oontented spirits, &C.. are all inadmis-
sable. being one-sided, selfish and uu
worthy OF great nation. The first
thing to be instituted il an inquiry into
the wrong :hat has been done, the mex:
to require complete reparation for it.
All this may be done in good temper,
and should not encroach upon the most
perfect respect for right. Possibly
Cuba may be acquired, either by pur-
chase eventually. or by conquest. The
advantages of its acquisition, in a ma
tional point of view. are not SO obvious
to thinking men as some hasty journals
pretend they are. Opinions may we'll
differ on this point. 1t is not the point
at present in question.
We have real the views of several dis
tinguished men, and have kept tolerably
we'll up with those expressed in the
journals. We select for analysis to-day,
and for the consideration of our readers,
those OF Hon. Reverdy Johnson, of Bal
timore, and OF President Woolsey, of
Yale College. The first named gentle
man frat considers whether the capture
was legal one.
From the beginning of our Govern.
ment, he says We have insisted that an
American vessel, regularly documented
and carrying our flag. cannot in time OF
peace be visited or searched on the bigh
seas. 1t was mainly for violation of this
doctrine that the war OF 1912 with Eng
land was declared. and although at the
termination of that war the claim of
England was not formally renounced, it
was practically abandoned and has never
since been acted upon. The immunity
of vessel carrying the necessary docu-
mentary papers and flag rests upon the
theory that the ocean is open to all
alike. and that vessel of any nation,
while in that element, is, in coutempla-
tlon OF law, part of its national terri
tory and as exempt from invasion as the
soil itself.
If, therefore, the Virginius had our
flag. and was regularly documented as
an American vessel, and was on the
high seas when captured, her capture
was illegal and CONTRARY to public law,
as understood, it is believed not only by
England and the United States, but by
oil other nations, including Spain. The
facts are matters of inquiry on the part
Of our Government. The next point
which engages his attention is whether
Spain had q right to carry the vessel
into Spanish port. He asserts that
she hnd not Her doing SO was but IL
continuation Of the original wrong, and
was an equally palpable and indefensi-
ble Outrage upon our sovereignty.
When captured, the only offence the
Firgiuius had committed was one
against the United States, in violation
of the neutrality laws-supposipg, that
is, that she contemplated landing men
and arms in Cuba, in aid Of the insur-
gents. In the third place. he holds that
the atrocities committed on the crew
and passengers of tho steamer, Jude.
pendent Of the sacred laws of humanity.
were without justification or excuse I'm.
der tue public law of the world. AS
they were not legally captured, they
were not prisoners of war, and, not
being such. were exempt from the juris-
diction OF Spain. Having established
these points, he concludes by urging
that the difficulty should not lead to a
war with Spain. 1t is impossible to
suppose that she will hesitate to render
every indemnity for past wrongs, and