The New York herald., 1873-11-24
ANOTHER LEGAL VIEW OF THE
CASE.
Opinions OF DIR. Woolsey, OF Yale Coll
lege.

Opinions Of DIR. Woolsey, or Yale Coll
lege.
NEW HAVEN, Conn.,, Nov. %. 1873
The following views were presented by DR..
Woolsey, at the law school on Saturday noon, con-
corning the capture OF the yirgnus and the treat
ment OF her passengers and crew, in the light of
international law
The recent case OF the virgnus presents itself
to us under two aspects:-
First-The seizure Of the vessel was Irregular, or
is claimed so 10 be.
Sec0ad,g-The cruel treatment OF the persons, or
OF some OF the persons found on board, calls for
our attention.
These two points have no necessary connection.
The seizure would have had just the same legal or
illegal character If the captured persons mad been
spared. II we could show that the proceeding
in carrying the virgnius into Cuban port was
right, we might fail to show that there was any
humanity or right in whatever was done after
ward. As this last part OF the transaction most
easily disposed OF shall endeavor to despatch it
in a few words. AS a general rule,
THE INDEPENDENCE OF NATIONS
implies that they are the sole judges each OF them
to what their laws and punishments shall be-
and to considerable extent as to their usages in
war. Nations control each other, however, in the
usages OF war by retaliation and to a degree by
practised IN extreme severity toward prisoners, or
the treatment ofrebes traitors, OF insurgents
priyateers as pirates, or let the laws and feelings
OF the people be SO sangutnary towards insurgents
that they give no quarter, and 1t VIII instantly
arouse the sensibilfties OF the world. Other ma
tions VIII Justly demonstrate, and II unheeded may
take mrther steps, Thus II In our late war
had treated the prisoners taken from the Confede.
rates as traitors, Great Britain and France ior
instance, might rightiully have interiered TO nut
an end to such proceedings, either by threats or by
actually recognizing the Confederate states as
nj fha Tnp he fnxr rlc fna
Greeks led to the interference which ended in the
battle OF Navarino and the recognition OF Greeian
actions that the Christian powers were eminently
Justified IN their interference TO secure a
secaon wSoa nation not merely rom religious per
Of being transported from - their '' native
land land ..d into Egyptian bondage or exter-
the prin cple OF this measure was fully justified by
the great, paramount law OF seltpreservation.
end to this bloody contest might, therefore,
have been. safely rested on this ground alone, &C.
Elements z, page !, section TO- But one might ask,
is NOT SUCH A MEASURE A VIOLATION OF NATIONAL
SOVEREIGNTY?
Undoubtedly 1t is. 1t is an extreme measure
allowable only in extreme cases, and therefore
dangerous aud only to be applied with the utmost
calmness and moderation. But we cannot get rid
OF such intererences now that the intercourse OF
Christian States is so close and the conduct OF
each nation s felt and judged OF By the enlightened
sense OF all their peers throughout the world.
Now, whether one case OF inhumanty and
that result OF judicial trial, would call
for remonstrance or for more, so long ms there
is no danger OF its repetition, Is point which
want OF complete knowledge OF the circumstances
puts IT out OF our power to decide. IL may be that
the Just wrath OF the Cubans against lone-contin-
ued insurrection, fed from abroad, called for an
example. 1t may be that a 1endish spirit or
savage cruelty, going up from the populace TO the
Court, wreaked itself In q horrible way / leave
TINS TO be decided by those who can get greater
light and more reliable accounts than have come
to me. The other part of the subject s
THE sRIZURE OF THE vIRGINIUs
upQn the hlgh eeaAs Were the papers sufficient "a