The Portland daily press., 1873-11-20
The Virgfnius Case.
VIEWS OF Ex-PREs1DENT wooLsEY.

The New Haven Press gives the following
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. fA -3fisi iie- t5as ii
'The venerable gentlemen expressed his will
lingness to converse upon the matter, and evil
IDENTIFY had taken considerable interest in it,
Upon being asked whether he thought there
was any cause for the United States to declare
war against Spain, he said, emphatically, no.
If he understood the matter, there was not the
slightest ground for war; and then went on to
say that be was to some extent ignorant of the
true situation, or at least knew only what had
been published about it. Assuming that this
was in the main true, the Spanish authorities
have done what they bad, according to the law
of nations, perfect right to do, in capturing
the ,Virginius. If the capture was made in ac
cordance with Spanish laws, if the men were
tried and executed in accordance with Spanish
laws, and if the Virginius, though sailing un-
der the American flag, was nevertheless en-
deavoring to render aid to the insurgents, was,
in short, engaged in traffic prohibited BY the
law of nations then the United States Gov
eminent cannot make the transaction any
ground for war or in fact of complaint.
There is another point, too, that must be con-
sidered. tits stated that the, Virginius was
captured in English waters, that is, within
three leagues of the Island of Jamaica Now
if this is SO, then the English government can
protest and demonstrate with Spain, but not
the United States. The United States may re-
quest England to take cognizance of the trans
action, but England must be the first to take
such steps actually, and may or may not do it,
as she chooses. Is England prefers to do moth
ing about it, the United States cannot take any
steps, This is a simple matter of international
law, which the United States with England
and SPAIN is governed by. Now, it has been
stated that Mr.. Fish claims that the arrest was
illegal because made on the high sea, and not
while the vessel was entering some harbor; but
said the ex-President, if Mr.. Fish takes this
ground it will be inconsistent, if his president
Woolsey'sl memory served him right, with the
the precedent established by the United States
during the civil war, because our vessels cap
tured neutral vessels on the high seas even be-
fore they entered the port of Nassau.
Moreover, there is another point Our gov
eminent cannot declare war now, for Congress-
is not in session. The President can only rec
ognize an existing state of war when we are in
vaded. Congress must declare war with an
other nation. Now there is still another point.
That is the recognition of state of beiliger-
ency on the island Of Cuba; but this has moth
ing to do with the Virginius case Bellieerency
could be acknowledged at any time. and will
not help the case in any way. Nor can this
case in any manner be made the pretext for ac-
knowledging belligerency.
If the Virginius, sailing under the United
States flag, was engaged in a lawful undertake
ing the case is very different and Congress can
then take such steps as it sees fit. 1t can re-
monstrate, and if that does no good can declare
war, but, at least far as the latest dispatches
show, the Virginius was clearly on fillbus-
terlng 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 that the whole
| matter looked to him as if it would settle JoUn
| to the question of the inhumanity of the trans.
| action. If the Spanish laws permits the killing
of so many persons, there was an inhumanity
about such laws as to call for the remonstrance
not only of the United States, but of every civ
ilzed nation. Our government can protest
with Spain in the cause of humanity against
such proceedings, and could if the Virgnius
had sailed under any other flag. If Spain ad-
mts its weakness and inability to control its
colony, then there would be time to take such
a contingency into consultation. Proven that
the Virginus was engaged in illicit business
| was going to Cuba to benefit the insurgents. So
far as that single transaction is concerned, The
United States has not the slightest ground fol
war or complaint, except as to the nhumanity
| of the affair." y