Nashville union and American. [volume] (Nashville, Tenn.) 1868-1875, 1873-11-16
wrfAr VIII GRANT noe.


einius by the Spanish steamer Tor
nado, and the butchery of those on
board by Spanish authorities IN Cuba
it is at hand. AS to the right OF the
United States to interfere in the case
of the Virginius, the Washington cor
respondent of the Boston Globe cites the
following instance:
I'm June, 1860, Garibaldi, who was
beginning the struggle which resulted
in the union of Italy, instructed Cap
tain De Roban to 60 to Genoa from
Palermo, and bring 1000 volunteers
who were awaiting transportation to
Sicily. De Roban proceeded TO Genoa
and purchased three steamers, which
were fully licensed by the United
States Consul at that port.
When ready to sail, De Roban found a
large Neapolitan squadron waiting to
capture his expedition, upon which he
chartered the American ship Charles
and Jane, of Bath, and put on board of
her 800 Garibaldians, under command
of Major Corli, with orders, if captured,
to declare that he had the whole OF the
expedition. The Charles and Jane was
sent out of Genoa in tow OF a small
steamer, and six hours after leaving
both vessels were captured by the Nea-
politan squadron. Joseph r. Chandler,
the United States Minister at Naples,
at once demanded their release, and
both vessels, with all on board at the
time of the capture, were surrendered
to their owners"
The Washington correspondent OF
the Louisville Com'ier-Journ0l writes,
under date of November IA, as fol-
| lows:
Hon. Caleb Gushing, in course of
conversation to-day, was asked what,
in his opinion, were the legal aspects of
the case or the Virginius. He replied
that the question was one capable of an
easy answer, saying: Turn to your
statute book, and you find that the
third section of the act of July q, 1868,
AN act concerning the rights of Amer
lean citizens in foreign States, pre-;
scribes the duty of the President in
cases infringing upon such rights. In
fact, you would suppose that the act
had been passed with special reference
to such case as that now presented
Here the statute bookwas produced,
and the section referred to by Mr..
Gushing was read 1t is as follows:
HWhenever it shall be made known to
| the President that any citizen Of the United
States has been unjustly deprived Of his
| liberty by or under the authority OF any
foreign government, it shall be the duty of
| the President forthwith to demand OF that
| government the reason of such imprlson-
ment. And. if it appears to b6 wrongful
and in violation of the rights of American
] citizenship, the President shall forthwith
| demand the release of such citizen. And
| if the release so demanded, is unreaSonably
DELAYED or refused, it shall be the duty OF
| the President to use such means, not
amounting to acts of war, as he may think
necessary and proper TO obtain and efiectu-
ate such release; and all the facts and pro-
ceedings relative thereto shall, as soon as
possible, be communicated by the President
to Congress-"
MIR Gushing then remarked that
this act very clearly defined the course
to be pursued by the President in the
premises, and he entertained no doubt
but everything relating to the subject
would be laid before Congress on its
assembling.
Pursuing the subject, Mr.. Gushing
said there were three very important
points to be settled before any steps
could be taken by the Government of
the United States. First, the question
of the flag; second, the location of the
vessel when captured; third, her mis-
sion. All vessels carry flag OF some
kind; whether they are rightfuly en-
titled to the use of the flag, is another
matter But the nationality of a YES
sci is governed by her papers, which
must correspond with her flag, but
neither the flag nor the papers are 10
be accepted as conclusive evidence of
her nationality, as the admiralty courts
frequently go back of both in adjudi-
eating prize cases.
The practice of our government in
former years differed very materially
from the policy suggested by Mr.. CuSh-
ing. The NelV York World of a recent
date calls attention to the fact that
when the United States and Great Bri-
tain were making efforts to suppress
the African slave-trade and were main
tanning squadrons on the coast Of At
RIGA for that purpose, thelatter govern
ment claimed right to visit our mer-
chant vessels for the purpose of ascer-
tanning whether they were entitled to
carry our flag. Even this claim was
strenuously resisted by our Govern
ment. Mr. Webster argued against it
with all the force Of his logic when he
was Secretary of State. Theconcessions
made by Lord Aberdeen are relevant to
the present discussion. In a speech
in the House OF Commons in l841, Lord
Aberdeen, then first minister of the
Grown, said: 1.-The right Of search,
with respect to American vessels, we
entirely and utterly disclaim; nay, more
if we k1oeav that an American vessel
were furnished with all the materials
requisite for the ave-trade, if we knew
that the decks were prepared to receive
hundreds of human beings within a
space in which life is almost impossible,
still ne should be bound to letthat Anler-
can geSseI pass on. But the right we
claim is to know whether vessel pre-
tending to be American, and hosting
the American flag, be bona
.fde American" Even the linn
tied claim to interfere with a vessel
bearing the American flag was utterly
denied by our government. Ia his in
structions to Mr.. Everett, then our
Minister to London, Mr. Webster said:
ut may be asked, if vessel may not
be called on to show her papers, why
does she carry papers? No doubt she
may be called on to show her papers;
but the question is, Where, when, and
by whom? Not IN time of peace, on the