Ellsworth American. [volume] (Ellsworth, Me.) 1855-current, 1873-11-27
General News.
The virsinius Case.
VIEWS OF Ex-PRE>IDENT wooLsIY.

The New Haven Press give, TIE follow
Ing report Of "a recent interview with ex-
President Woolsey. OF Yale College, who
has no superior in the country as an
authority on international law
The venerable gentlemen expressed his
Willingness 10 converse upon the matter
and evidently had taken considerable
interest in it. Upon being asked whethc-
he thought there was any cause for The
United States 10 declare war against
Spain, lac SAil. ai... i.li'v. "a. IThr
understood the mat,e!, there Vas uut the
slightest ground for war, and then went III
t. lay that he was t. some extent Ignorant
I OF tie true situation or at least knew only
what had Lc.n pabii,hed about it, A.
Stunning that this was In the main true. tie
spanish authorities have done what they
had, according 10 the law of nations. !,
| perfect right 10 do. in-Capturing the Nir-
giniu>- II the capture wa, made in ac-
cordance with Spanish laws, Il the men
were tried aud executed in accord tncr
with Spanish laws. and if the ViryiuiuS.
though sailin. under the American flag
was nevertheless endcavoring Ia render
AID 10 the Insurgents. WAS. In short. en-
gagged IN n traffic prohibited by the lly OF
nations. then the United States Govern
lheht cannot make the transaction any
ground for war or in fact of compliant.
There is another point, too, that must be
considered. II is stated that the Vir.iniu,
was captured in English waters, that is.
within three leagues Of the Island of
Jamaica. Now if hi = 81 then the E;r-
lish GOVERN c:t can protest aud rctnou.
STRAIT" "i'h spain, but not the United
State. The United States may request
England 10 take CogLiLdmce OF the tram
action. but England mnst be the first Ia
take such steps actually. aud may or NAV
not do it. a she chooses. Ii ENGLAND pre-
frrs to do nothing about il. the United
States cannot take any steps. This is !.
simple matter of international law. which
the United States. with En.landand Splin.
is governed by. Now, il has been stated
that Bic. Fish claims that the arrest was
Illegal because male on tl.e high sea- and
not while the vessel WAS cLtcrin. some
harbor; but said the eX-President, If NJ.
Fish takes this ground it will be inconsi,t-
ent. if his president Woolsey's) memory
served him right. with the precedent
established by the United States during the
civil war, because our vessel captured
neutral vessels on the high seas even be-
fore they entered the port of Nassau
Moreover there Is another point. Our
government cannot declare war now, for
Congress is not in session. The President
can only reco gniZe an existing state of war
when We are invaded. Congress must
declare i war with another nation. Now
there is still another point. That is the
recognition OF state of belligerency on
the island Of Cuba; but this has nothing
to do with the Virginius case. Belligcrency
could be acknowledged at any time. ard
will not help the case in any way. Nor
can this case in any manner be made the
pretext for acknowledging belligerency.
Ii the firginius, sailing under the
United States nag. was engaged in a law
full undertaking. the case is very different,
and Congress can then take such steps as
it sees tit. Ii can demonstrate. aud if that |
does no good, can declare war, but, ut !
least as far the latest dispatches show, |
the Virginius was clearly on "A tilibllsteriiIg |
expedition, and As such appears to be the |
case. nothing has been done contrary to |
the law of nations. at least so far as the |
United STATES Is concerned.
President WOOlsey then said chat the |
whole matter looked to him as ii 1t would |
settle down to the question of the inhuI- |
mainly of the transaction. If the Spsnish |
laws permits the killing OF so many per-
sons, there was an humanity about such |
laws as to call for the remOnstranpe not
only Of the United States. but of every
civilized nation. Our government can
protest with Spain in the cause of humanity
against such proceedings, and could if the
Virginius had sailed under any other flag.
II Spain admits its weakness and inability
to control its colony, then there would be
time to take such q Contingency into von-
Proven that the yirginiHs was
engaged in Illicit business. was going to
Cuba to benefit the insurgents, so far az
that single transaction is concerned. the
United States has not the slightest ground
for war or complaint, except Is to the In
Of the Affair."" |