The New York herald., 1873-11-26

not meet the case, and the capture was therefore
UNSUITABLE Tor the sake ofpeace.n He next asserts
that the violation OF neutrality necessary
and the circumstances called for instant action
How there could be violation OF neutrality where
the rules OF neutrality law were not applicable he
does not definitely state. Necessity is only a de-
fence within the prescribed limits or In the absence
OF law, and we have seen that in this case the
ordinary rules OF the law are applicable, applicable;
circumstances call for instant action
and permit violation OF neutrality On
the policy OF Spain as predicted long since by the
State Department OF this government To give
base OF supplies Spain proclaimed that she was in
a state OF peace and then cooly asserts neutrality
to protect the exercise OF those rights by the
enemy. And because, forsootn, the Cubans at
tempted in their national sovereignty, TO exercise
the same national rights she hold up her hands In
holy horror and raises the cry OF "ilibusters and
piratesn and covers their capture and massacre as
necessary violation OF neutrality on the ground
OF self-delence.
THE INSULT TO THE AMERICAN FLAG.
But the capture, bringing in and subsequent
massacre are, IN fact, nut one act, or at the
most series OF concurrent acts, predetermined
and entire. Does the learned Doctor hold that 1t
war was necessary for the preservation OF peace that
VI one nation national nag Of America should In time
by that OF Spain, and that an Ameri-
can vessel should be tried and condemned
Ia Cuban port and by Cuban tribunal when the
ports OF America were open for her adjudication?
Did the cause OF humanity or public peace require
that Captain Fry, who had never stepped upon
cuban shores or violated the municipal laws of
SPAN, should be massacred BY Spanish volun-
teersS
THE CAROLINE, KoszrA AND THE cAGrIARI
As to the case OF the Caroline, she was boarded
in the night time within the jurisdiction OF New
York State by Canadian loyalists, set on fire. sent
down the stream, precipitated over the tails and
dashed i'll pieces. An American citizen named
Durfer was killed and others were wounded. One
Mcleod. a British subject was arrested in New
York State Tor the murder, OF Durler. The
British government demanded his surrender
on the ground solely thar he was acting
ment was alone aaswerable for, nus acts. AS be-
tween nations thus was Che only point at Is
pointed Secretary OF state: When new demand
was made by Great Britain he assentea TO the
English view That IT was the act OF ne
government of Great Britain, and not the
Individual act OF the prisoner Whatever was
said outside OF this issue by either Of the parties
was obtter and cannot be entitled to the rights OF
acquired civil jurisdiction refused TO give up the
prisoner. This complicated the matter, but,
of not guilty upon the facts. ! can see no ap-
picabty OF the koszta to the present case. The
case OF the Cagliari pdartms' Causes Celebres,
600) the nearest TO the facts III the case OF
the Virginlus, and the opinions given by Drs. TwisS
and Phimore, substantiate the views given In
this article.
/ have but one other authority, and before
giving 1t we must bear IN mind tnat when the
capture OF the Vlrginius was effected she carried
nothing contraband in It's nature, except the
officers cf the Cuban army.
wooIsEY VS.. wooIsEY.
DR.. Woolsey, IN his standard treatise upon inter.
national law, In speaking OF the case OF the Trent
says:-"On this transaction we may remark, first,
that there is no process known TO international
a neutral ship ON the high sea hos
tile ambassador, traitor, or any criminal
whatsoever. Nor can any neutral ship be brought
in TOR adjudication on account OF having such pas
sengers on bOard.o
This not only applies to the case of the virginus,
the supposed case, concluding the opinion given
by the learned Doctor in A. ID. 1873.