The New York herald., 1873-11-18

First, four men are condemned, taken ashore and
shot. Then larger draft is made, and some 40
domination; and then again after that 81 more,
till at last the only evidence that all are not
to Yet saae the death dealing
of these cruel men. tCheers.) The repre-
sentatlves Of these two Powers at peace
with Span-Britain and America-the Consuls Of
either government-remonstrated in vain on behalf
of those victims The name, the power, the re-
sentiment of these nations go for nothing. ZAP
pause) 1t is not so much that these Cubafs
could deal such terrible fate upon these defence
less men, but that against this nation OF ours
filling this Continent from sea TO sea-proud OF its
dominion on the wave-these Cuba club men,
frequenters OF the Caslno should so declare to us
we had you in our power, tremendous cheer
ing) They say, as 1t were, to us, These Americans
that nave taken so much interest In other peoples
affairs; let us see what they will do about 1t when
something besides letter writing and diplomacy
needs be appealed to-" lCheers.l Let us see now
many OF them Will come here with the thunders of
their power and the resentment OF their pride,
when they see that we "welcome them with
bloody hands to hospitabe graves" tremendous
applause) And now what pretence or justi6ca-
tion OF their cruelty OF their bloodthirstiness is
nader Was the ship, the virginius, an armed
you at seaY by no means Was the ship iur-
nlshed with an expedition that was to make
and destroying make away with what booty
she could carry orr BY no means. There
is not the slightest pretence OF either. No. this
extremity OF destruction of life visited upon per-
sons engaged in resistance, however savage it
might oe-was 1t excused by hot blood or claimed
in the resistance Of selfdefence7 BY no means.
These men were in their power They were within
the dominion OF civilized nation, and, IL they had
violated tue laws OF that nation or Its authorities
they had jurisdiction over them. They had the
power to try to convict, to make record,
10 furnish the appropriate punishment
that for every offence committed Within her jurs.
diction every citizen OF ours should be entitled to
should be accorded the right OF having his LAWYERS
bis attorneys his notares and his advocates to de-
fend him before the tribunal that was TO try him.
then these men were prisoners OF war, disarmed
and ,,,sn without 5 resistance and could only
must understand that by public law there
are but two situations in this connection which
have their appropriate obligations and adequate
authorites-one state OF peace, the other
state OF war; and there is no intermediate state
that public law deals with or that nations tolerate
ty, or TO account for the infracton OF those laws
Of peace or war. IL, then, there was peace before
or then there was no riSns IN
spain, under the public law OF nations,
under her solemn treaty with us, under the clvlli
cation that binds the system OF intercourse with
nations making up the circle OF our cosmopolitan
communities except the judicial right by trial
upon evidence, with the proper opportunity OF
defence, and, II found guilty, searching the laws
for the appropriate punishment and inicting 1t by
the record. certain that when IL was inflicted they
would be able TO furnish their justification when
ever called to account by the government whose
citizens may have marauded III there was war,
anu sulps were III port Ol IOTelRH nabiOH, tH-
gagged In aiding one OF the belhgerents by carrying
cargoes OF arms or troops, whatever might be the
rights OF the power Selling them AZ sea, modern
civilization admits OF no severity except that OF
coersion anu oppression, not OF vengeance. Now
II might be said that there is another class OF ships
to be found at sea that comes under the head OF
neither peaceful, honest v0yagers, pro-
tected by the nags OF their respective ma
tions, nor under the regulations OF the
system OF war; these are called pirates. But what
Is piratei Spain has no power TO determine who
are the pirates, and who should be punished as
pirates. The United states has power TO deter
mine who are pirates. and who are to be punished
as pirates; England has no such power, none has
the power except as each nation deals with It's
own SHIPS, its own subjects, and Its own citizens,
and punshes them as disobedieut to its laws,
and responsible for their violations. But party
that py the law OF nations Is an enemy OF the hui
man race has no nag, has no vouchers and no
defenders and he is exposed to the Justice OF every
nation that pursues TO punish as the voiator may
present hImsclf or be compelled TO yield TO SUI
perior power. This involves the crime OF plunder
upon the sea or plunder upon the land, and
wherever that crime, thus defined and understood
by the law OF nations is committed, there the law
OF nations gives the Justification and allows
the right OF punishment 70 whatever