Green-Mountain freeman. [volume] (Montpelier, Vt.) 1844-1884, 1873-11-26

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observed, also, that the vessel, although
nominally American, seems to have belonged
to Cubans, and to have been engaged in nj
regular commerce. Now, in such case at
this do the ordinary laws respecting the
right of visit and capture apply? 1t seems
to US that this is an extreme case, which the
| ordinary laws of nations do not meet, and
the Spanish Captain of the Tornado was put
to the necessity of making the capture tor
the sake of the peace of the island; it was
case of necessary self-defense for prevent
ing war.
Can any one doubt that strong nation -
that of the United States for instance-wOuld
have preferred to take the risk of acting IN
an irregular way, rather than allow such an
expedition to come into its territory? 1t
seems idle to judge such cases by ordinary
rules. In the present instance the Spaniards
could not say there was instant, overwhelm-
ing necessity for self-defense, but they could
urge that they were practically invaded by
their own insurgents, and it was necessary
to seize the vessel while they could, as other
wise the insurrection would assume new
proportions. In short, that the violation OF
neutrality was necessary, and that the Cir
cumstance called for instant action.
You will see that this is in some respects
peculiar case. There is no war in Cuba,
and yet there is war. The Virginius was an
American vessel, and yet not an American
vessel, All the defense Of the vessel rested
on sham, and the state of things OF Cuba
was, in one sense sham. The only reality
about the matter was the terrible one that
broke through the shams, that said: 50 Th s
vessel means war, and we mean to take it for
what it is. Would you have US give up our
right OF seli-deiense against war for sham =
There is conflict in the case between IN
just laws and unlawful justice. A weak
nation must be very careful how 1t breaks
through the fine network of what is lawful,
but strong nation will do it and take the
The opinion of Reverdy johnson, given in
the Baltimore American, seems to us to 90
straight to the point:
81 may therefore be said that if the Vir-
ginus had our flag and was regularly docu-
mented as an American vessel, and was on
the high seas when captured, her capture was
Illegal and contrary to the public law. |
Whether the Virg MUS was thus possessed OF
the fl tg aud documents or had obtained them /
or was using them for an lille |
gal purpose, are matters for inquiry which
our Government has no doubt already made |
II will be no justification of the capture that
&c object OF the enterprise was to rendt I
assistance to the Cuban Insurgents If that
be the case, the offense at the time of the
ca pture was a violation of the Neutrality |
laws OF the United States, and not of the |
so7erei gnty OF Spain, AMI the United States |
alone possessed Jurisdiction over the subject |
We should abandon our sovereignty If we |
permitted Spain or any other nation to cap |
TUE vessels OF the United States because they |
IN ~, at the thine OF such capture, have viola
ted our laws. The capture of this steamer |
IN the high seas then, was as gross a disre- |
gard Of the authority of the United States as
It would have been If the Tornado had seized |
her in the harbor of New York. and she was
as much under the protection OF our Govern
nent in the one case as in the other
II | am correct in the above view, the next
point is, Had Spain right to carry the YES
'el into a Spanish port? Clearly, she had
not. Her doing SO was but a continuation
Of the original wrong.
The atrocities committed
upon the crew and passengers of the ill-tated
steamer, independent of the sacred laws OF
were without justification or ex
use under the public law of the world
Not having been legally captured, they were
not prisoners and were exempt from the
OF Spain"
We see as yet no ground for changing our
opinion expressed last week, that the capture
Was, when strictly considered, an illegal
lct; that the character of the executions
gives US moral right to complain of the
whole thing. Two wrongs do not make
light We want no war Int we do want
Spain to make reparation for doing what she
lad no legal right to do on the high seas and
GLOWING it up by what she had no moral
right to do upon the land, Ii she wants to
: leave the matter out to an arbitrator,
sell and good. We ought not to 80 back on
that method OF settlement after the Alabama
affair, but may well use that as good prec-
sdent