The New York herald., 1873-11-24
NEW YORK HERALD MONDAY NOVEMBER a. SHEET

to public law as understood 1t is believed, not only
by England and the United States, but by
all other nations, including Spain. Whether
the Virginius was thus possessed OF the
nag and documents or had obtained them fraud
ulently, or was using them for illegal purpose,
are matters for inquiry, which our government mas
no douot already made. 1t win be no justification
OF the capture that the object OF enterprise was
to render assistance TO Cuban insurgents. II that
was the case the offence at the time OF capture
was violation OF the neutrality laws OF the United
States. and not OF the sovereignty OF Spain,
and the United States alone possessed
jurisdiction over the subject. We should
abandon our sovereignty II we permitted Spain or
any other nation to capture vessels OF the United
States because they may, at the time OF such cap
ture, have violated our laws. The capture OF this
steamer on the nigh seas then as as gross
DISREGARD OF TUE AUTHORITY OF THE UNITED
STATES
as 1t would have been II the Tornado had seized
her in the harbor OF New YORK, and she was as
much under the protection OF our government In
one case as another.
CARRYING THE SHIP TO SPANISH PORT.
If am correct in the above view the next point
Is, Had Spain right to carry the vessel into
Spanish port Clearly she had none Her doing
so was but continuation OF the original wrong,
and was an equally palpable and indefensible
outrage upon our sovereignty. But, conceding that
at the time OF capture the vessel was not upon
the high seas, IT s not pretended that she was In
Cuban waters within distance OF one league from
the shore, and had consequently, subjected her.
self to the Jurisdiction. When captured the
only offence she had committed was one
against the United States. Supp0sing that
she contemplated landing men and arms in
Cuna IN aid OF the insurgents, 1t was but
an unexecuted purpose, as wholly 80 as when she
left New York. This purpose she might have aban-
doned and II she had, no wrong whatever would
have been done to spain. Sne, LOO, was liable to
capture by an American man-ofwar and to be
brought into the United States for judg-
ment for q violation Of our neutrality laws;
and then, also, no offence would have
been committed against Spain or wrong done her.
Can 1t be doubted that the steamer before the cap
ture, or even afterwards, while being carried to
Cuba, could have claimed protecJion OF any United
States man-orwar, or that it would have been the
duty Of the latter, II present, to have prevented
her capture or to have Eecaptured her, and
by force, If necessary. That this would
have been done by any OF our naval Of
fcers may, think, be considered certain.
WHAT WOULD HAVE ENsUED.
II it had been done could Spain have Justly COM
plained9 Would our government have rebuked
the ofncerf On the contrary. would he not have
been accorded praise for protecting an American
ship and maintaining the honor OF the American
nag9 The iegality OF the capture OF the virginius
by the Tornado and the responsibility OF Spain for
the consequences seem to be too plain for serious
controversy.
Third-The atrocities committed on the crew and
passengers OF the Inflated steamer independent Of
the sacred laws of humanity, were without justif-
cation or excuse under the public law of the
world. Not having been legally captured they
were not prisoners OF war, and were as much ex.
empr from the jurisdiction OF Spain as when they
stood upon American soil, and Spain Is, conse-
quently. as responsible to the United States for
their execution as she would have been If she had
gotten possession OF the men by invasion of our
territory. What shall be the measure OF the re-
dress lor these wrongs may be safely left to the
judgment Of the President.
The difficulty should
NOT LEAD TO WAR
with Spain. II is almost impossible to imagine that
the great and good men who are at the head Of
that government will hesitate TO render every in
demnity for past wrongs and security Tor the
future maintenance OF our rights aud vindica-
tiop o! our honor. President CASTELAR, is well
known as an enlightened statesman, and
one who is firmly attached to the republican
form OF government which he is now using his
great talents firmly to establish and preserve. II
prompted by no higher motive, he cannot fail to
see that an unrighteous war with the
United States would have the tendency to
trustrate his patriotic designs; and President
Grant, equally Just and patriotic, and necessarily
desirous that the Republic OF Spain may be con-
tnued, will avoid demanding OF her any apology
or indemnity inconsistent with her rights and
honor and not necessary to maintain our own.
remain, with much regard, your obedient servant,
REXERDY JOHNSON