New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1873-12-27
THE VIRGINIUs OUTRAGE.

| THE VIRGINIUS OUTRAGE.
Many months ago there was docu.
ment of immoral agreement inclosed in q
sealed box and deposited in neutral Gus.
tody, with an engagement that the agree
ment should be void if not complied with
by either party, and that the box should
not be opened except in the presence OF
both parties. The neutral custodian sub
sequently delivered the agreement to one
of the parties upon the justification that
the contents OF the agreement had been
violated. The question naturally arose,
how did the neutral custodian know that
the agreement had been violated, if he
had not first uio!ated his oun agreement not
to open the boz except in the presence Of both
parties.
We have now the opinion of the At
torney General Of the United States that
the Virginius, ''at the time of her capture
was without right, and Improperly carry
ing the American flag" This is intended
to eAonerate Spain from any obligations
to salute the American flag. 1t is very
well, because this opinion is matter &C.
curing subsequent to, and separate from
the outrage to the flag But how did
Spain ascertain this fact =? By violating
the law of nations, and her treaty stipula-
tons with a friendly nation. She need
not dip her flag to ours. But what atone
ment shall be exacted for the invasion of
territory afoat? The Attorney General
shows that the real outrage is as follows
Spain had no doubt a right to capture
vessel with an American register, and
carrying an American flag, found in her
own waters assisting or endeavoring to
assist instruction in Cuba; but she had no
right to capture such a vessel on the high
seas upon an apprehension that, in viola ton
OF the neutrality or navigation laws of the
United States. she was On her way to assist
such rebellion.
There are some rather unnecessary con-
cessions in this statement. The right to
board forcibly the vessel Of friendly
power even in the home waters Of the
boarding power is very questionable, GER
tainly not without some communication
with the commercial representatives of
the friendly nation. The government of
the United States disavowed the act of
naval officer who within the marine juris-
diction Of Brazil boarded the vessel OF a
belligerent at war with the United States.
The Attorney General has stated the right
to board rather broadly, but we waive this
right as not in issue. He says Spain
chad no right 70 capture such vessel on
the high seas under an apprehension,
etc. American history shows that Spain
had no right to put her foot forciby on
board vessel carrying the American flag
over the high seas at all.
We do not repeat history known to all,
but if Spain were put upon her oo;r dire,
she must declare that the American flag
las protected from British and French |
cruisers thousands of African ships on
heir voyage of torture to the Spanish pos
sessions of Cuba and Porto Rico. |
that flag was abused to cover that |
niquity, because the United States
las maintained that the deck-soil of |
he American republic is saved from in
'asion on any pretense whatsoever. The
Of her British Majesty's ship !
leopard sent aboard the Chesapeake to
scertain whether the latter had on board
ertain seamen claimed by the Leopard.
The government of the United States
aid, we do not care whether they were
board our ship or not, you shall not exc
ute your laws on our territory. The war
hat followed shows that Britain burned
er foot when she set it on that territory,
nd she has never tried the same thing
lnce that war, except when she took an
-merican vessel, the Carolina, moored to
n American wharf, and sent her over the
ais of Niagara. For which act she made
uch atonement as the American govern
lent did for the act of its officer in tie
alters of Brazil, as stated.
Now can Spain do what England does
OF dare do? Can she board a vessel car
ying the American flag on the high seas
} ascertain whether this vessel has the
ght to bear that flag? Unless Spain is
a chartered libertine," with full privi-
sc to violate the law of nations, her own
eaties, and the decision which America
IS written with the sword and punctu-
Ell with cannon shot, Spain must an t
yer for that act.y We do not suppose !
AT the conjoint ingenuity of the most
Iroit diplomatist, and Of the most c-a-