, 1874-01-04
INTERNATIONAL LAW FROM THE VlRG!NIDs
POINT CT VIEW.

The variety OF opinions expressed on tue
| legality OF the capture Of the Virgipius By the
Spanish steamer Tornado on the shooting Of
lcr Captain and ;,everal OF her crow the uncet-
tain snd waverin;, attitude in tho matter of the
Spanish Government towards our own, aid OF
ours towards it,-both apparently willing to do
Justice to the other, but neither quite certain
| what Justice demanded the Cabinets d. Wash
incton and Madrid acknowledging their respect
i've countries to be bound By the iaw of nations,
and protesting their readiness to settle the con-
t1oycrsv between them In accordance with
it's principles, provisions, and precedents ;
yet seemingly ignorant what principles,
provisions. OF precedents applied to ths caso IN
point suggest the question: Is not what is called
International Law q thirg OF air, intangible and
unsubstantial2 Profound lawyers have given
opinions in the matter Of the Virginius 80 oppo-
site "a to be mutually destructive. Attorney
General Williams emitted one, the first half
of which oyerru1cd the other. Our own Govern
mept insisted that the Vuginius should be turn
ed over to US, aud then inquired whether it had
q right to make the demand. Spain surrendered
it, and then decided that it should not have
done So 10th nations, like impulslve
Children, acted first and thought after
ward. Alas for tho dignity Of nations and
the uncertainty OF International law! That both
Countries might Lave maintained their national
dignity degree or two better, md that the Law
Of nations might be more certain, ia the Torst
however, TINT can be said. for the history OF the
yirginiua case is not without its bright slde Il
demonstrated in the first place that both nations
gero willing to abide By the law inter gentes ii it
could only be ascertalned what that law was It
demonatla ased. too, that, if war had followed, it
would have been caused by tho
UNCERTAINTY OF THE LAW
that if there were written code OF International
| law, reeort to its pages might prevent resort
| to arms. The disposition manifested by two
| nations to settle their disputes BY prin
ciples OF right, recognized as such by the
civilized world, because they aro so recognized,
is one OF the most cheering political phenomena
OF the present time, and does much to satisfy us
| ttlat on the whole, the world is growing more
| humane and reason extending the bounds Of
! her empira. In view Of SO much gained for the
world ut large, We feel pretty sure tha spite OF
| dofalcatons, strikes. salary-grabbing, and Com
| muutstic threats, the good in tho balance Of to-
| day outweighs the evil.
Aud We doubt not through the ages
| An iurr-a=iug purposa Euns,
And the Thoughts Of men are *1den*d
With the process Of the suns.
| We need scarcely te surprised. however, that
nations plaintiffs and nstions defendants should
be thus uncertain Of their rights and duties or
| the professors Of International law thus diversc
| in their views on questions eo momentous, when
we consider that as every days experience
| teachea. John Doe sues Richard Roe, aud both
| find eminent counsel who conscientously differ
as to where the night lies. There is SENSE in
which all law is uncertain In the application to
q state of facts which never before presented it
| self. It may be questioned whether Iuternation-
| al law ia less certain than municipal law. Only
the1o is no Judge to decide between nations ex"
cept
| BRUTE FORCE
under the name Of War. Brute Force has long
been and will continue long to be the ChiefJustlce
of nations. To hope for anything better immedi-
ately would be chimerical. Still there is q tend
| epcY to substitute in its stead tho average
Humanity and Reason Of the civilized world: and,
as that average is raised. and it is yearly ris-
inr-var will be called upon less frequently to
! arhtrata between States. It is the average
humanity aud reason Of the American people,
| and Of the rulers of Spain, that has hitherto
/ yarded of war between the countries, and
| this in spito OF the i1npetuo6ty Of large massee
| Of the two Republics all whose acquaintance
| with International laS and International Justice
may bo summed up in "Viya Espana." and
- Hurrah for the Stars and Stripes y; which il
| either case means merely Hurrah for our side.
| 1t does not follow, however, that because ou1
| International law is not as certain as it might
! be that because there il no authority recognize.
| ed by nations to interpret it or decide between
ligants, on Its principles; that because eacl
ua,ion is in theory as we'll as in fact independent
and sovereign, there is practically no such
law or that wnat there is Of 1t is no great booI
| to the race.
Looking only at its defects. we may bo tempt
ed to unde1ato ito value. Looking At lts origin