The daily phoenix. [volume] (Columbia, S.C.) 1865-1878, 1873-11-29

be found in the paramount law of self.
preservation. It is an extreme measure.
only allowable in extreme cases. and,
therefore. dangerous, and only to be
applied with the utmost calmness and
moderation. Now, he adds on this
point:
"Whether one case of inhumanity,
and that result OF judicial trial, would
call for remonstrance or for more, 80
long as there is no danger OF its repeti.
tion, is u point which want of COM
plete knowledge of the circumstances
puts it out Of our power to decide. It
may be that the just wrath of the
Cubans against long incur
rection, fed from abroad, called for an
example. It may be that a fendiah
spirit Of savage cruelty, going up from
the populace to the court, wreaked itself
i'll horrible way"
He next proceeds to determine
whether, supposing the Spaniards had
reasonable ground for believing that
the vessel was really bound to the neigh
borhood of an insurrection in order to
aid it, they were authorized to seize it
and carry it for trial into Cuban port.
We quote the following strong passage
upon this point:
"What was the offence Of the vessel
is the point which we would examine.
II we have correct understanding of
Its character. the offence was not piracy,
according to the law of nations; for
there WAS no 0nimus furendi, and no in
tention to do anything except to trans
port certain men aud goods from ono
port to another. 1t was not treason, of
course, for any but the Spanards who
were on board and engaged in the ell
terprlse. 1t was not breach of block
ade. for there was. as + understand, no
blockade. It was not technically carry
lag contraband of war, for there was
not technically any war. It is difficult
to define the crime, but it was a very
great crime: no other than for captain
and vessel to be engaged in doing what
was really hostile act. Even more
than carrying contraband, it was carry.
ing officers of high rank in the rebel
hon as near to the scene of armed con-
test as possible. The crime was not
piracy, at least according to the law OF
nations, although possibly piracy by
Spanish law. It is to be observed, also,
that the vessel, although nominally
American, seems to have belonged to
Cabans, and to have been engaged in no
regular commerce. Now, in such case
as this. do the ordinary laws respecting
tho right of visit and capture apply?
1t seems to US that this is an extreme
case, which the ordinary law of nations
does not meet, and that the Spanish
captain OF the Tornado was put to ne.
cesslty of making the capture for the
sake OF the peace of the island It was
case OF necessary self defence for pre-
venting war"
Heillustrates this necessity for self de-
fence by the supposition that part OF
Ireland should be in state of armed
insurrection, and an American vessel
engaged in Carrying from some port of
Spain Irish leaders, ammunition and
money. In such ouse, no one would
doubt that the Government of Great
Britain would hesitate to arrest The
vessel, to prevent hulf-exlinguishcd
rebellion from being lighted up again by
the arrival of new means of war and new
sympathizers. Snch considerations AS
these go to the core Of the question, aud
must have important weight in its final
determination. While they differ fun
dnmentally as to the points involved,
they agree i'll seeking peaceful ind
honorable solution of the difficulty.
The LATE THOMAS Barring. The
death of Mr.. Thomus Barring, long the
head OF the eminent house Of Messrs.
Barring Erotbers IL Co., has been uu
nounced from London His age was
about seventy-threc years. The bulk OF
big great fortune goes to nephew, II
member of the house. Mr.. Edward
Barring, the brother of the present Lord
Northbrook. Mr.. Hodgson, formerly
of Messrs. Finley, Holgson & Co.,
nmalgumatel with Messrs. Barring, now
becomes tho active business head of the
honse. The gentleman who has Just
deceased was brother to tho late Sir
Frnucls Barring. In 1885, lie was elected
a member Of Parliament for Great Var
mouth. which he continued to represent