New-York tribune., 1874-01-02
pIRATES IND FILIBUS7ERS.

the sinking of the Virginius. They Delleve'
or profess to believe, that the result OF any
legal investigation into her character, con-
ducted in good faith. must have been to re-
store her to tho Spanish Government as
lawful prize, and they declare that Gen. Oran'
ordered hole to be knocked in her bottom
to avoid any such disagreeable termination Oh
the controversy These wild and incohereht
rawlings have even found an echo in our own
country. and there are many people IN tne
United States. otherwise rational, VINO hrihy
believe that tie Virginius was lost on pur-
pose, as the best way to get the Admlnistfa-
ton out of difficulty. 1t may be worth
while therefore to state again the principle
which the United States laid down at the be-
ginning of tho discussion. and to which Spain
assented when she surrendered the prisoners
and the vessel.
We have maintained that an American yes
sci on the high seas is not amenabe to the
laws of any other pouo,, or rlSntluny suDJec'
CO mOIestatiOn by any foreign cruisers Tor any
offense whatever. If she carries arms or men
for the insurgent subjects of Spain, she does
40 at the risk of capture whenever she enters
Spanish waters but so long as she remains
Spanish land Spanish officers have no more
right to trouble her than they have to seize
the members of the Cuban J,mta on Broad
way. AS TO what constitutes an American
vessel, that, we furthermore maintain, must
be decided by the American Government itself.
The mere display of the stars and stripes at
the masthead of course is not conclusive
evidence of nationality, but the possession OF
a register and clearance papers in due form
is evidence which every foreigner must DE
made to respect. The papers are the ofiicial
certificates of the ships character, equivalent
to promise that the United States Govern
ment will recognize her as an American vessel
and protect her accordingly. The legal effect
of a register and clearance being so important,
the Government is very careful how it grants
them Our laws define strict conditions which
must be complied with before protection papers
are issued, and prescribe punshments for any
abuse of them. If register or clearance is
procured by perjury, an Offense Is cOmmltten
against the United States,-nOt against any
foreign power,-and the United States alone
can take cognizance of it, All this Spain vir-
tually admitted by the Fish-POlo protocoi.
If 1t had been shown, therefore, that the Vlr-
ginus was not rightfully entitled to the papers
she carried, she must have paid the penalty OF
our laws. and the effect of her condemnation
would not have been to restore her to Spain
under any circumstances, but TO conhscate her
to the United States. Ii was merely ques-
ton between the United States Government
and United States citizen.
But although Spain has no interest IN the
fate of the Vrginiis, she has right to de-
mand that we shall proceed in earnest against
those who are suspected of fitting her out for
the use of the insurgent Cubans. 10 sell
arms, vessels, ammunition, or any other mer-
chandise to the patriots is no offense While
they are not recognized as beligerents. But
the enlistment and fitting out within our ter
ritory of hostile expedition against power
with which we are at peace is an offense
against our neutrality laws of which we
are bound under the protocol to take notice
1t is quite possible that no infrac-
ton of these laws was committed in the case
of the Virginus, and that none is cOntem-
plated by the owners of the Edgar Stewart; ;
but it is the duty of our Government to make
a thorough investigation. As we intend to
hold Spain accountable for the brutal mas
sacre of Fry and his companions, without trial
and without justice. we must perform our
share of the agreement in all honor and sin
cerity.