The New York herald., 1873-11-07
The Case OF the ship virgsnsus.

Tho capture Of an American vessel by a
Spanish man-of-war is an unpleasant incident.
and the report that the persons found ON
board are 70 be dealt with as pirates does not
improve It's character. We are yet without an
accurate record Of the facts Of the capture Of
the yirgnius, and when the whole story comes
II may materially change the aspect Of the
case but A. il appears now We cannot see
that there has been any act o. piracy or any
offence whatever making the ship amcnabio to
the Spanish Law and II there shall prove TO
be no other offonco than what appears as tho
story il now known the execution pirate
or otherwise of any person on board viii be
simply one more murder chargeable 10 tho
cutthroas who rule In Cuba There Is
no doubt that the yirginius was beyond
the Spanish jurisdiction NJ the time
Of her capture. Indeed. il isprobable that she
was in British waters. as she Is said 20 have
been near the coast of Jamaica. aud II she
was in British waters tins viii additionally
complicate the case; bat whether there or not
she was certainly not in Cuban waters. and her
capture, and whatever may be subsequently done
with her and with the persons on board. must
be justified under international law. Nov the
international relations Of Spain and the United
States arc those ofperfect peace. and there is no
legal reason why an American ship should be
interfered with on her voyage 20 the West In
dies except for the proper inspection Of her
papers by the revenue authorities. No blockade
- IL ~. a. Il.
not, therefore. have been even running
blockade. There is no war in Cuba
so the Spanish government holds
and, therefore. whatever tho ships cargo may
have been it was not contraband Of war.
There is certainly an insurrection in Cuba
and the Spaniards have found il = tough one
to deal with, and if the ship or her people
were caught in the act OF communicating
with the insurgents or assisting their resist
ance to the constituted authorities, there
might be some color for the charge Of piracy
but as the ship was captured beyond the linn
its of the application Of Spanish municipal
law, the evidence Of her offence must be salts
factory to the government of the country whose
colors she carries. But the government Of the
United States should make it very clear TO the
government of Spain that any precipitate
irregularity on the part Of Spanish officials
that causes the death Of an American citizen
must be regarded as an assassination. Con-
sidering who were on board the virginius, and
what she carried and where she was first sighted
by the Tornado, there is, perhaps, little
doubt that she was on a flibustering voyage;
but nobody is to be hanged on doubts and
surmises, nor even on general principles.
There must be q definite fact and clear evi-
dence. There was no doubt the other day
that the Deerhound had landed q cargo of
arms for the Carlists; but she was not caught
in the act, and when she was caught subse-
quently, in French waters, England compelled
the Spaniards to give her up. The case is as
nearly as possible parallel to the present, and
is an instructive example for the people at
Washington. It is already limited from, the
State Department that the Virginius is sup
posed to have forfeited her right to the protec-
ton of the government, but suppostion is
not in point just here. As reported, the
papers of the Virginius were all regular
when last seen, and it must be known that
they are no longer so before the protection to
which they entitle her is refused.