The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1896-05-22

the right of the country against which
the arms, ETC., are intended TO be used,
TO capture them within its own terri
tory or territorial waters, has never
been denied. 1t is part of the nee
essary right of self-defense which
every nation possesses.
The case OF the Horsa, Ike that of
most of the vessels which have been
carrying arms TO the Cuban insurgents,
is complicated by the fact that she
carried men as well as arms. and how
far the voyage, therefore, partook of
the character OF a prohibited '.expedi-
ton" is an important question in the
case. But in any aspect it is case
arising under our own laws and relat-
ing to their construction and applica-
ton.
The other case, which Is a different
one, although it might have been the
case of the Horsa had she been cap
tured, with those on board, in Spanish
waters, is that now held under con-
sideration by the Spanish authorities
that of the schooner Competitor, or
rather not so much that of the vessel
as of the American citizens who were
on board of her and who have been
condemned TO death by court-martial IN
Cuba. This is case for the applica-
ton Of International law or Spanish
law as governed by treaties. 1t re-
calls wildly the case of the Virginus,
in 1873, and it is, doubtless, the reool-
lection of that case which has caused
the government at Madrid TO suspend
the execution of the sentence Of Gen
eral Weyler's court martial.
During the last Cuban instruction,
in 1873, the Virginus, a vessel with an
American register and carrying the
American flag, and ostensibly bound
for a port in Costa Rica, was over
hauled and seized upon the high seas,
about sixty miles from the coast OF
Cuba, by a Spanish cruiser anG carried
into the port Of Santiago de Cuba,
where, upon the day following her ar
organized for the trial Of those on
board, passengers and crew, on The
charge of piracy. The court completed
its work by O'Clock in the afternoon
of the same day. On November 4, by
its sentence, four persons were exc
cuted; on the 9TH, twelve, and on the
18th thirty-seven more. Among the
victims were nine Americans and six
teen British subjects. Prompt and
vigorous protests and demands for
PREPARATION were made by both our own
and that of Great Britain.
On December is, 1873, the ship and
surviving passengers and crew were
to the United States, and
the British government also demanded
and obtained compensation for the
families Of the British subjects execut-
ed. There was no doubt that the Nir-
ginus was engaged ON an unlawful ex-
petition, and it subsequently appeared
that her American registry was fraud
ulent and that she had no right to the
American flag. But the opinion of inter
jurists everywhere was unan-
imOuS that, while the Spaniards may
have been justified in capturing her,
there was no excuse for treating vessel
or crew as piratical. and that the subse-
quent execution of the prisoners was
an act of barbarity not sanctioned even
by the laws of war. If they had been
as in the case of those on
the Competitor, in Spanish waters and
in the very act of landing passengers
and arms, they would not have been
guilty of piracy, and by every rule of
law, independently of treaty even, en-
titled to fair trial before the ordinary
tribunals Of justice. If there had been
a public war and blockade proclaim
in the act Of running the blockade, de-
tention as prisoners of war would have
been the utmost penalty that could be
visited upon her passengers who in
while her master and crew would have
been subject 10 no penal consequences
whatever-beyond The loss of their YES
sci and their wages.
Such was the opinion in the case of
the Virginus. and such must be the
opinion in regard to the prisoners taken |
On the Competitor. The protest of our |
government against the execution of |
any of them who have a right TO its
protection cannot, therefore, be too
strongly urged. We may admit that |
the proyocation TO Spain is great, but |
It Is no greater than that which was
felt by the government and people of !
the United States during our own civil !
war. Blockade runners We're captured |
whenever capture could be effected. |
but there was no bloody drum-beat |
court martials and wholesale execu-
tons OF the persons captured.
TRICKED OUT OF IT.
Ez%.