The New York herald., 1873-11-08
The Outrage or she Virginius.

on lnelr part Wnlcn was antlclpateu LOT lhc
ready ferocity of the Spanish character is too
well known for it to be supposed that officials
OF that nation could ever be dilatory IN any
case where there was the shadow OF pre-
text for killing defenceless persons -Four
men are reported to have been summary
shot upon the finding Of a court martial at
Santiago de Cuba, and their names are gwen
elsewhere, though it does not seem clear
whether they were citizens OF the United
States or Spanish subjects There were
apparently no proceedings against the snip IN
any Admiralty Court; there was no inquiry
and no Judgment before any competent triou-
nal touching her nationality or the character
of her operations; no opportunity was gwen
for hearing or Defence but all was done with
an ostentatious disregard Of regularity, as II
the actors would express their contempt for
all the restraints that the usage OF civilized
nations might impose; and, indeed, as II
/ they were less concerned with the mere
slaughter of the victims than intent upon
grossly outraging, by the manner Of the
slaughter, the flag that the victims
claimed as their defence. 1t is an act
of which it may safely be said that only
Spaniards among the nominally civilized
nations could possibly be guilty With every
other people of the world there is some con-
sideration Of right and law and justice-some
Difference to opinion, and some respect for
usage and humanity Only Spaniards are
capable of rushing to the commission of an
atrocity in the apprehension that delay might
deprive them of bloodthirsty pleasure
There are not many occasions in which Span
iards can act with promptness, energy and
decision but at least one case in which they
can exhibit these qualities is in the taking of
lives that the morrow would compel them to
spare.
| 1t is very possible that the Virginius was en-
\ gagged in attempting hostile descent upon
| Spanish territory, and was endeavoring to
land men and munitions for carrying on war
against the Spanish government II is equally
possible that on this voyage, or on other
recent voyages she had, as it is said, forfeited
her right TO protection as an American ship
But Spanish court martial cannot in any
contingency whatever be the judge of such
facts, or of any facts with reference to ship
taken on the high seas and to execute men
on the judgment of a court that has not juris-
diction of the case is, of course, the
same as to kill them without the judg-
ment of any court. For the Spanish author
tiles to have a shadow of justification for
acting as they are reported to have acted with
these men they should have captured them,
mot i,,f fba cf u-ifh u-hi oh how ab
them, at least within the limits of Spanish
territory, on the land or in the neighboring
waters. But the ship was captured far away
from the Cuban coast. 1t will doubtless be
said by the Spaniards that she was surprised
in the attempt to land nen and pursued and
captured in consequence, and was thus con-
struchvely caught in the act, though in the
ardor of the chase the whereabouts of the
capture seemed matter of indifference to the
commander of the Tornado. But there is no
such consecutive relation of events. There
was q collision of some sort with
the people of the yirginius and some
Spanish armed force on the Goth ult., in
which collision the telegraph reported erro-
neously, it seems, that Bembetta was killed.
1t is probable that this collision happened in
an attempted landing from the Virginius.
But the Spaniards then evidently lost sight of
the ship, and only saw her again when she
was sighted by the Tornado two days later at
such a distance from the Cuban coast that in
run Of seven and half hours she reached
point within six miles of the coast of
Jamaica There can, therefore, certainly be
no pretence that she was surprised while land
ing men or arms, and it is barely possible,
even, that she was in Cuban waters when
| sighted by the Tornado while she was
most assuredly on the high seas when taken.
She was, therefore, entitled by the general law
of the world, whatever her character may
have been, to trial and judgment before a
tribunal competent to determine on the rules
of international law, and it is insultingly
obvious that the denial OF this right TO ship
carrying the American flag was an affront and
an indignity to this nation, and was SO in
| tended.
Certainly, the United States cannot be
charged with holding lenient views toward the
violators Of neutral obligations. Our posi-
ton as nation is, that if this ship was an
American vessel and sailed from any
American port on hostile expedi-
ton against Cuba, and could have
been stopped by ordinary vigilance on
our part, we would ourselves have become re-
! sponsible for the damage done by her; and
the most memorable verdict of the age, given
in our favor on this point, binds us to the sup
4 &c ic ,,p1i Eo1,
therefore, that any point would have been
strained to cover this ship with our nation
ality if the Spaniards could have fairly shown,
before proper tribunal, that she was law
breaker. We would certainly have refused her
protection; and it is, and always has been,
oc