The Rock Island daily Argus. [volume] (Rock Island, Ill.) 1872-1873, 1873-11-28
corre.pOudence Of the n Y Tribune.

correspondence Of the N Tribune. no
NV HAVEN, Nov. 22.-This morning TO
at the Yale Law-School, ex-President @
Woolsey took occasion, at his regular lee
ture on international law, TO give his views q
Of the Virginius affair. He explained that =
he had been misrepresented by some OF W;
the local press; and went on TO say A
The question Of the Virginius presents VI
;,sslf under two aspects First, the seizure IN
nftbe vessel, which was irregular, or is claim II
cd 40 10 be and second, that the cruel treat te
meut of those on board, or some OF them, al
calls for our attention The seizure OF the M
vessel would have had the same legal or IL. "
legal character even had those on board OF f
her been spared. And though we might a
show that the carrying the Nirginius into a
n Cuban port was right, this would not re
move or Justify the inhumanity shown In 4
the treatment Of her passengers and crew. 8
This latter question needs only few words q
and will dismiss il frst-and then consid- i
er the seizure OF the vessel.
In general the independence OF nations
implies that they are sole judges IN all
things relating 10 what their own laws ana {
legal punishments shall be; and 70 CON I
siderable extent also they make their own
usaees in war. Nations, however, control
one another in war by retaliation and In
some degree by treaty. But yet there may
be such wholesale cruelty practiced IN war
such extreme severity in the treatment
of prisoners, or by treating insurgent pri-
yateers as pirates, or by such sanguinary /
rules as giving no quarter, &c-as 10
arouse the sensibilities Of the world. 9th !
or nations may feel impelled TO remon-
strate. and IL UNDECIDED will take further
steps by force. For instance, IT we had
shot and hung the rebels as traitors when
taken prisoners, other powers, as England
or France, might rightfully have interiered
TO put an end 10 such proceedings, whether
by threats or by actually recognizing the
Confederate States as a nation The cru
elty of the Turks toward the Greeks led TO
the interference which ended in the battle
of Navarino and the recognition OF Greek
independence. DIR, Wheaton says ofthese
transactions that
The Christian powers cmiucutly Justified In
their interference 10 rescue whole nauon, NOT
merely from religious persecution ~, i, ,, tne
tive land into Egyptian bondage, or SHlsrm s
t3Is measure was fully Justified by the great para
mount law Of self.prracrvation The interference
Of the Christian S an , saq 70 ei es po se
on tLis ground alone. elements, II Chaper l. see
ton 10
But one might say, is not such a meas
ure violation Of national sovereignty
udOubte0ly II Is u i uu tAlItule ucdN
ure. allowable only in extreme cases, an,
therefore dangerous, and 70 be applied
with the utmost calmuesS and cOnsidera
ton. But we cannot get rid of such inter
ference, now that the intercourse Vt Chris
tan states is 81 close, aud the conduct q
each nation is felt and Judged by the en-
hghtened sense OF all their peers through
out the world Now, whether one case q
inhumanity, and that result OF judicis
trial would call for interference for NOR,
A. long as there is no danger of its repet
ton, is point which an incomplete know
edge OF the circumstances puts u out {
our power 20 decide Ii may be that tn
Just wrath of the Cubans against loDg-eor
tinued Instruction fed from abroad Gale
for an example. 1t may be that hend
ish spirit of savage cruelty going up froI
the populace 10 the courts, wreaked itse
in horrible way. | leave this to be decide
By those who can get greater light an
more trustworthy accounts than have y,
come 20 me.
The other part of the subject is h
seizure of the Nirgiuius on the high sea
Were the papers sufficient TO require tht
she should be allowed to go on her way
Was the reasonable ground which Il
Spaniards had 20 believe that the vess
was really bound for the neighborhood
Tue III bNutt W anu II "
this I ask enough 70 authorize seizing b.
and carrying her for trial into a Cubs
port? In regard to the circumstances
the trial we must here take much on fait
but tho character and destination of Il
vessel seems 70 be admitted.
What was the oifense Of the VESSELS d
point that we all look at first five ha'
a correct understanding of its characte
the otfense was not piracy, according
the law Of nations-ior there was no ~
mus ffrdRdi, and no intention TO do an
thing except to transport certain men al
goods from one port TO another. 1t W
not treason, of course, for any but q
Spaniards who were on board and engag
in the enterprise. 1t was not breach
blockade for there was, as | understar
il, no blockade IL was not, technical
carrying contraband of war for there "
not technically, any war. IL is hard
define the crime, yet il was very gre
crime, none other than for captain a
vessel 10 be engaged in doing what "
really a hostile act--mOre than carr
ing ontraband--carryiug officers
high rank IN the rebellion as near to
scene of armed contest as possible. Il
10 be observed. also, that the vessel
though nomnally American seems 10 ha
belonged 10 Cubans, and 10 have been
gagged in no regular commerce. Now
such a case as this, do the ordinary Ia
respecting the rights Of visit and of CT
ture apply2 Ii seems 30 me that il is
extreme case which the ordinary law
nations does not meet and that the Spj
ish captain of the Tornado was put +
necessity of making the capture for
sake Of the peace Of the island; it wa
case of necessary selfdctensc for preve
ing war.
There is another case outside OF Oh
nary law, by which this may be illustrat
The Caroline, in 1897 was employed
some Canadian insurgents TO carry amr
milton aud men across the Niagara lily
This being discovered, an expedition
prepared 20 capture and destroy the '
sci ON the Canadian side, but did not re
IL until il had returned into New ork
tiers. There was great indignation iel
this proceeding which involved a viola
Of neutral territory. besides other
similar 20 those that occurred in the {
of the Vrgiulus In the corresponds
10 which this act gave rise MIR. Web
said that such violation of neutra
could be justified only by a 'necessit
self.deiense, instant, overwhelming,
having no choice of means and no mon
of deliberation. Lord Ashburton eontt
ed this was in 1872 that such o neces
existed, and regretted that no explanai
Of the occurrence was made at the ii
Can any one doubt that a strong natio
that the United States, or any strong
ton would have preferred 10 take the
of acting in an irregular way rather I
10 allow such an expedition 10 come
the territory ltseenIs idle totry to ju
such eases by ordinary rules. In the
sent case the Spaniards could not say
there was an instant, overwhelming
cessity Of self defense but they could I