, 1873-11-26


NEW HAVEN, Conn, Nov. 23.-rho following
views wore presented by DR.. Woolsey at tho
Law School, on Saturday, noon, concerning tho
capture OF tho Virginius and the treatment Of her
Inv:
Tho recent case Of tho Virginius presents It,
ao]f to us under two aspects:
First Tho seizure OF the vessel was irregular,
or is claimed SO to DO.
Secondly-1lc cruel treatment Of the pcracas,
Or Of some Of tho porsoDs, found on board Gala
for o1lr attention.
Tlleso two points have no necessary conneo-
tion: The Befzuro would havo had just tho samo
legal or illegal character il tho captured porsoua
/ lad boom spared. II nc could show that tho
proceeding i'll carrying tho Virginins into
Cuban port was right, wc might fail to SHOW
thnt there % vas any humanity or ;riglt in what.
| tho trausaction is most oasily disposed Of, I
| shall endoayor to dispatch 1t ia 4 fow words.
As general rllo, tho Independence OF nations
| implies that they aro the solo judges, cacA
Of thom, as to what their laws and punish
ments shall bo. and, to considerable extent. aa
| to their uBngcs In war. NAtions control each
other, howovor, in tho usagea Of war by
retaliation and to dcgrcs BY troaty. But
| lot tloro be some wholesale cruelty practiced
| in extreme severity toward prisoners, or tho
treatment Of rebels Us traitors or of inaurgcnt
priyatoere as piratcs or lot tho laws and feelings
OF the people 10 so 6anEuinary toward insur-
GENT, 3, that they slyo no quarter, and it will in-
A
Other nations will justly demonstrate. aud ii I'M
hct do may take furthor Hteps. Thus, it in our
lato var no had treated tho prisoners taken from
tie Confederatcs as traitors, Great britain and
France, for instance, might rghtfully havo inter-
fcrcd to put an end to such proceodiIgr oithorby
threats or by actunlly rocngnizing tho Confed-
orate States as nation. Tie crnolty OF tho
Turks toward tho Qrcoas led 10 tho into, fcrcuco
Which ontcd i'll tho battle OF NaTnrno and
tho recognition Of Groclan Independence. DR..
Wheaton sayB of tlcso transactions that tho
Christian powers woro ennently Justified in
thoir interference to secure n whole nation, not
cruel alternative. Of being transported from
thcir native land into Egyptian bondage, or
extcrminatcd by thoir merciloGs oprresaorn.
The principle OF this measure WEB fully justi-
lied by tho great paramount Inv Of solf-prcsor-
yaton. Tho interference Of tho Christian powors
to put All end to this bloody contoat might
therefore, have boon snfoly rested this ground
alone, Nc. Elements 2, paso !, Sec. 10: :. But
ons might aslI. Ii not such measure 4 yiola-
tion OF national soycrcignty5 Undoubtedly it
il. 1t lB I'LL oxtrome measure, allowable only
III oxtVolno cases, and therefore 1angeroue, autl
only to 30 applied with tho utuloat calmnosa and
moderation. But we cannot got rid Of Brch
i%tortoronces y! now, that The intorconree Of
each na!ion is fot aud Judged Of by tue onlight-
oncd solsso of their peers throughout tho world.
Now, whether ono case Of lnhumanlty, md tlnt
II result Of judicial trlal, would call Tor remon-
danger OF its repetition, III 4 point which want
OF complete knowledge Of tho circumstances
puts It out OF Our power 10 cccido. u may bo
Tint tho just wrnth Of tho Cubaus agai,,st long
continued iusurrccton fou from abroad called
for an example. 1t may bo that II lendisl, spirit
Of sayago cruelty, going up from tho popllaco to
tho Court, wroakod itsolt in e horrible way. /
lonve thia to bo decided BY thoso who can got
nayo como to me. Tho other part OF ths sub,
jsct il the seizure Of tho Yrginius npon tho
nigh noaa. WoEo tho pnpera sufficient to require
tlat TUG vessel should 10 allowed to 60 on its
spaninrds Ind to bolovo thu tho vossol waa
really bound to the ntigllbortood Of au nsur-
rcction III order to aid in twas this, ask,
enough to authorize tho SELLING OF lho vcsso1
md tl,o carrying OF hor for trial into Cuban
port?
IL regard to tAo circumstances we must horo
take mitch Oh fAith, but tho character and dos.
l'nat:on Of tho vessel Beom to bo admitted.
WAat was tho ofcnso Of tho vessel Ia tue point
Which VIC would examine. II wo haye n cor
rect understanding Of its character, tho offeuso
waa nut piracy according to tho law Of nations,
!os, there wEs no a,inns f,sreadi and
10 intontson to do anything oxccpt to transport
csitais mon aud goods. From ono port to anotner
n2allAllb who wcro on buard and engaged in
Ito enterprise. It WINS 1lot u breach ol blockade,
lor thoro wao, as ,lndoratand 1t, no blockade,
1t w:H not technically, carrying comtraband Of
w, I'VE tAelo NUS ho', tccll3hcai!y, hhy war. II
s difficult to doi!no tho crin.c, but 1t was very
Groat. crime no other than for Captain and
yesaol to 10 eugagod In doins what wat ycallya
ho3siae aok. Even moro tl.alt carrying ooatr..-
baud, it was curryiug o.ilccra Of u HIGH rauk IL
tho rrnclllon, aB near to tho rccno Of armed
con!est as possible. Tho crimo s;as Nut piracy,
ut lcast, a,u3:ding to the law Of natious,
although possibly piracy by Spanish law,
It ls 10 10 observed. also, that tle ycnscI,
although nominully American, nor,ns to hasa
belonged tn Cuba,sB aud to llayo beun onEnHcd
III 10 roaular commerce. Now, In nuel. a ulsa
"a this 10 tia ordinary lawu raapoctng tho right
Of ysit s:,a captlro apply? II Eoeu.s TO IN t!,st
TIT. In 81, ex.re!no cahu, which tho Ordinary lAr
.r uatious doaa not nloet, ard that the Eiauisl
r,,,t;,,,o,3 ~, I'm ETnl}t p1o.