The Jackson standard. [volume] (Jackson C.H., Ohio) 1847-1888, 1873-12-11

whelming. having no choice of means
and no moment of deliberation." Mr.
Webster also made another exception
that the flag could not give immunity to
pirate. Mr.. Webster also said that this
claim to visit in time of peace could not
be permitted to exist as a strict matter Of
right, implying that it might besometimes
tolerated, although not acknowledged as
right. In other words, Mr. Webster
conceded that the principle was not and
could not be absolutely infexible and
universal
Now let it be assumed that the Vir-
ginius was regularly documented, and
was apparently and technically an Amer
ican ship. Then we had duties We
were bound by our own laws and by the
law of nations to prevent her carrying an
expedition to make war upon friendly
power; and after she had eluded the au-
thorities at home, any consul of the
United States in any port who did not
use every means to ascertain the legality
of her voyage had no right to authorize
her departure, and should have been per-
emptorily removed had he done So How
was she at large? The Virginius was as
notorious as the Alabama She was
known to be in the service Of the Cuban
insurrection. She was regarded by the
Spanish authorities and by the Spanish
sentiment as the Alabama was regarded
by our public opinion during the war.
She sailed from Jamaica not only with
out concealment, but with open declara-
tions and demonstrations of her purpose.
She sailed under our flag confessedly to
carry an expedition to make war upon a
friendly power, and no other purpose was
pretended. Why did we permit it ?
Why had we permitted it for many
months in the face of her own laws? Spain
may have had no right under our doc
trine to stop her, but we had no right
under our laws to let her go. Is Spain
to suffer for our negligence, or should we
make war upon her for irregularly saving
herself from a blow which we ought to
have prevented?
1t is our duty to defend the flag, but it
is not our duty to protect the fraudulent
use of the flag What is the object of
insisting that it shall be respected. and
that in peace upon the high seas the
ship bearing it shall not be stopped? 1t
is that honest merchantmen may be se-
cure upon their lawful errands. But we
all agree that the Virginius was not an
honest merchantman upon lawful err
rand. When she few the flag upon the
high seas, she declared to every ship she
met that she had right to carry it. But
she had not. The American flag at her
peak was lie, for it declared that she
was an honest American trader. Her
intention was not piratical, but she had
no more right to call herself an honest
American ship than if she had been a
pirate. Should the conceded facts have
no influence upon our feelings, and
no weight in our decision? Should we
act as if the Virginius had been a peace
full American trader from China or the
Cape, and insist upon war with Spain
because Spain, SO far as appears, without
other warrant than that of selfpreserva-
ton, refused to be injured by fraudu-
lent use of our flag?
1t is true that we have not employed
Spain to punish violations of our laws, or
to revenge the abuse of our flag. But it
is no less true that the circumstances
under which our flag is disregarded should
vitality affect our subsequent conduct. If
the disregard can be directly traced to
our own negligence, we are bound to feel
certain degree of responsibility. And
if the Tornado, when she took the risk
of stopping the Virginius for abusing our
flag, should have proved the rectitude of
her motive by bringing her into one of
our ports and handing her over to our
courts. yet here, again, the facts of the
case, the hostile expedition, and onr own
negligence, should temper the ardor of
our reclamations.
Abandoning the assumption that she
was regularly documented, if the Vir-
ginius was unlawfully carrying the flag
to cover a hostile expedition, do we as
sert that the mere fact of showing the
flag is to protect her? To do this is to
invite every pirate in the world to sail
under our flag. Mr.. Webster's doctrine,
indeed, interpreted formally and inhexi-
bly, would lead to this andprotect piracy
For if visitation upon the high seas in
peace to authenticate flag is absolutely
and always forbidden. how can shrewd
pirate be detected Here, however, we
claim to visit can not be conceded as a
right The rule must be no visitation !;
but there may be necessary exceptions to
be determined in every instance, as in
the case of a pirate Why not then in
the case of a fraudulent use the flag to
cover hostile expedition against friend?
If, then, the Virginius shall prove to
have been regularly documented, she
was, in view of the conceded facts, only
technically an American ship. She was
carrying, in contempt of our laws, hos
tile expedition against friend. That
friend, without lawful warrant, stopped
her, as we ought to have done. Here is
ample opportunity for explanation and
reparation, but war upon such grounds
would be monstrous. So far as the ship
is concerned, the event should lead to a
treaty to provide for all such cases, which
in our situation are constantly liable to
arise. The question of the treatment of
the prisoners is wholly different. We
have rights secured by treaty, and hu-
manity has rights, which no state can be
suffered to outrage.