Nashville union and American. [volume] (Nashville, Tenn.) 1868-1875, 1874-01-03
CUSHING ON WILLIAMS.

The Washington Capital of Dee %
contains a sharp article on the opinion
Of Attorney General Williams in the
Virginius case, which it is stated was
written 10y Caleb Gushing. The article
arraigns the Attorney General forwhat
it sarcasticaily terms his Judicial in
depreciation Of the law" 1t appears
that Cushing had told the Secretary Of
STATE at the start that the Virginius
was a filibuster, and that this govern
uient could not demand reparation Of
Spain for her capture, and now lie cri-
ticises the opinion Of the Attorney Gen
eral in the following slashing style:
The decision Of the Attorney Gen
eral embraces two points; First, that
the register Of the VTginius being n
fraud upon The navigation laws Of the
United States she had no right to carry
the American flag; second. that by car
i.ying the American flag which she had
no right To carry, she was as much cE-
ampt from interference on the high seas
Iy the ships Of other naval powers
aSif she had been a regular merchant
vessel prosecuting legitimate trade
and lawfully registered. In other
words. upon the highway Of nations,
whatever pirate or outlaw prefers to
,1is.r,iise itself in American colOTs OD-
qaius thereby the right Of American
protection IS against those who may
6e aggrieved byits Expectations. While
5b. VIrrinius was committing a crime
against the United States, which rem
dered her an outlaw, liable to seizure
sDd confscation, and her crew to pun
isbment. 50 potent IS the American flag
which she wFongfully carries, that any
Interference with her oparatiOnis IN III
suIt 10 the honor Of the United States,
for which we are IN duty bound to
make war the alternative Of atoncmcnt.
This is simply the doctrine that a rob
her Going to work IN the stolen clothes
Of a respectable man is not only CHtI-
tied TO the respect Of the person he IN
tends 10 injure as if he were the owner
IF tbe garments he has assumed. but 10
the protection OF the owner himself IS
apainst his intcndedyIctIm. Thisls not
the doctrine that the flag protects the
shin. but the doctrinc tina, tbemask pro-
fr.ts the malefactor 1t IS the Offering
of premium Oh disguise. 1t Is hike
saving TO a highway robber; Rob
gith your face exposed and You shall
be punished. but put On mask and
YOU shall not be Molested. y The de-
cision of the Attorney General Is VIZ
finally taking the law Of the case from
the fiIibustcr. 1t is precisely the rule
v.bich he would ike to have adopted.
One item in the outfit Of such craft
IS the Virginius Is a full assortment Of
flags. 1t is no compliment 10 the
United States that the starsand stripes
are the embiems chosen by the Cuban
bucaneers as 4 means Of eVading pur-
suit and capture by the power against
which they were carrying on their op-
erations. The flag Of no other Chris
tan country would have answered their
purpose. No other power would have
Interfered as we have done. No
other Attorney General would have
laid down the doctrine that the pirate
Is protected by his disguise, as 1t has
been laid down by the Attorney Cen
eraI of the United States. And no At
torney General Of the United States
would have done it except IN the case
of a nation supposed t. be too weak to
be able to retaliate.