The Rutland daily globe. [volume] (Rutland, Vt.) 1873-1877, 1874-04-20
THE vuRGlNuus CASE.

long since ceased to attract public attention.
We live and move so fast that a thing of
yesterday is supplanted by that of to-day.
1t is natural that it should be SO The hui
man mind, from its very constitution, is
unable for long period of time to give ITS
attention to any one subject. New ques
tions arc constantly presenting themselves,
which must, for the time being, occupy our
thoughts, only, however, TO give away in
turn to some other matter of pressing inter
est. While this is natural, it IS not always
fol the best. Some questions, to be sure,
are so settled that they can never confront
the people again as living issues, but there
is an importance in their beng remembered
1t is true, also, to certain degree, that the
history of the past is only useful as afford
ing lessons for our future guidance 1t
might be said that, inasmuch ms slavery is
almost entirely banshcd from the face of
the earth, there was nothing of Importance
interest or instruction in the history of
American slavery, the struggle for its SUI
premacy, and its final overthrow but is il
so! We need not consider this question:
because every one will answer il for him
self, and in the same way. There is not
an American who would, if he could, blot
out from history and memory the whole
record, that which is to our honor and that
which tends to our dishonor. The whole
of it is full of instruction, admontion and
warning and the nations of the earth will
give it heed. There are other questions or
matters of the past, which never become
old They are always fresh, because they
must be continually acted upon This is
particularly so with cases like that of the
Virginius Their decision form prccedents
for all time Hence, it is of the highest
Importance tina, they be correctly decided.
They must not be allowed to grow old, they
ought not to lose their freshness and inter-
est, until they are correctly decided. Our
readers will remember our position in the
NATTER how almost solitary and alone of
the American press, we claimed that she
was not entitled to the protection of the
United States; how we maintained this DO
sition to the end having after awhile, a
respectable proportion Of the press with us.
1t gives us pleasure now to find that we
arc sustained by the American Lam Rerte,o.
confcssedly the ablest legal magazine in the
country. Professor Pomcroy, who has no
mean reputation as a publicist, contributes
to the April number of the Resie,r. the
leading article, in which he gives mar
rative of facts which, as the Boston
Adcerttser says, +" shows plainly enough
that if doctrines of international law did
entitle her to protection as an American
vessel, then those doctrines were very far
from conforming to the justice of this
especial case" But the case is not left
here, as will be seen. The statement of
the result of the article, as given by the
same paper, is so clear, concise and ac-
curate that we use their language instead
Of our own. The extract, herewith given,
leaves, in our judgment, nothing more to
be said and with it we leave every one to
Judge of the correctness of our position.
taken at the time. But, says the Adcerttse,
after making the statement above referred
to, IAN argument at once clear, learned
and elaborate, with which the professor
concludes his examination. seems satisfac
torily to negative the idea that the vessel
was competent to claim the protection of
the United States. She was not an Ameri-
can vessel; she was wholly owned by
foreigners; her register, procured by fraud
and perjury, did not and could not change
these facts; she therefore had no right TO
fly the stars and stripes; the flag is but the
emblem of nationality, and if the nation
ality be wanting the flag becomes mean
ingless piece of cloth, or at best a false
hood-just as it would be if hoistcd by a
buccaneer. There was then nothing about
this ship which the United States was
bound either in law or in honor to protect
nothing indeed which that country could
lawfully assume to protect there was
only foreign vessel, carrying fraudulent
papers, sailing under colors which the
captain by thus using them caused to lie,
both papers and colors being void of all
sense, force or effect. To this result Mr..
Pomeroy's article seems to lead by process
of reasoning in which no flaw presents
itself, and which is certainly worth the
careful study and consideration of all per-
sons interested in this especial case or in
the general topic of international law"