Year: 1873

require that the vessel should be allowed to 90 on
its way Was the reasonable ground that the
SpanlaIds mad TO believe that the vessel really
bound 10 the neigaborhood OF an insurrection In
order 70 AID In Twas this, / ask, enough to au-
Of her for trial int Cuban portY In regard to
the circumstances we must here take much on
faith, but the character and destination OF the
vessel seem 10 be admitted.


WHAT WAS THE OFFENCE OF THE VESSEL


Is the point which we would examine. II we have
correct understanding OF Its character the
offence was not piracy according to the law OF ma
tions for there was no dniraus Jlrendi and no in
tentOn to do anything except to TRANSPORT certain
men and goods from one port to another 1t
was not treason, OF course, for any but the
Spanards who were on board and engaged In The
enterprise. IL was not a breach OF blockade for
there was, as understand, no blockade. 1t was
not technically carrying contraband OF war. for
10 define the cfifIe but It was very great crime;
no other than for captain and vessel TO be ell
gagged IN doing what was really hostile . the act Even
officers OF high rank In the rebellion as
near to the scene OF armed contest as possible
the law OF nations although possibly piracy by
Spanish law. II 10 to be observed, also, tnat the
vessel, although nominay American, seems 70
have belonged to Cubans and to have been engaged
IN no regular commerce. Now, In such O case as
this do the ordinary laws respecting the right OF
visit and capture apply 1t seems to US that this Is
an extreme case. which the ordinary law Of
nations does not meet and that the Spanish Cap
OF making the capture for the SAKE OF the peace or
the island. 1t was case Of necessary sef-defence
for preventing war.


There Ia another case outside OF ordinary law by


THE STEAMER CAROLINE,


IN 1887 was employed by some Canadian insurgents
to carry men and ammunition across the Niagara
River. This being discovered, an expedition was
prepared to capture and destroy the vessel on the
Canadian side, but did not reach 1t until 1t had re-
turned into New York waters. There was great
Indignation felt at this proceeding, which involved
similar to those that occurred In the OF the
Vrginius. In the correspondence to which this
OF neutrality cond be justified only by necessity
OF selI-deience, instant overwhelming, having no
choice OF means and no moment OF deiberaton.
Lord Ashourton contended-tnis was in 1s42-that
such necessity existed, and regretted that no
explanation OF the act was made at the time
rs sscna se unes siSsas
for instance-would have preferred 10 take
the :. risk risk =, Of % acting IN I,, an irregular
into its territory. 1t seems idle to try to Judge
sucn cases bv ordinary rules.


In the present instance the Spanlards could not
say there was instant, overwhelming necessity for
Eelf-defence, but they could urge that they were
practically invaded by their own insurgents, that
could as otherwise the insurrectlon would assume
new proportions; In short that ~ the violation Of
stances called ior instant action


ANOTHER CASE,
from which we can draw Illustrations Is that OF
KosZta, who having already made the usual decla-
ration preparatory to being naturalized, seized
in Smyrna, when provided with passport there
~
OF an Austrian irgate and put IN irons II was re-
ported that he was to be removed by
Austria, and the captain OF a public vessel
OF the United States prepared to resort to
force unless were released. This led to his being
put under the protection Of the French Consul un-
til the governments which were at Issue could
agree. Now would 1t have been in accordance
with international law to use force in protecting
hlmP Certainly not In ordinary cases, but here
was an extreme case. Turkey was passive and i'm
potent and could af1ord no protection II kosta had
mr. n ia
been helped at all. The necessity justified, as 1t
seems to have done in the case of the Vlrg1nius.
Here, let me ask, what have the Consuls OF the
United States been accustomed to do in the West
Indies In such cases as this OF the vrginiusS
DO they think 1t their duty to give
the orical papers when they know that
the transaction is utterly illegal? and, II this were
So state 1t alphabetically, would it not show to
the Spaniards that no reliance could be placed on
against allowing expeditions really warlike to pro-
ceed under their very eyes against Cuba.


You viii see that this Is IN some respects pecu-
liar case. There is no war in Cuba, and yet there


is war. The virginius was an American yes
sci, and yet not an American vessel:
All the defence Of the vessel rested on snam and
the state OF things in Cuba was in one sense a
sham. The only reality about the matter was the
terrible one that broke through the shams, tina,
said, this vessel means war and we mean TO take
| 1t Tor what 1t ls; would you have us give up ouI
| right OF sell-deence against war for a sham?
! There is connict in case between unjust and ua
| lawful justice. weak nation must be very care
iul how IL breaks through the fine network Of wha
is lawful; but a strong nation will do it and take
to be in a state OF armed insurrection anG
| an American vessel to be engaged in carrying
from some port OF Spain important Irish leaders, AS
well as ammunition and money. does anybody be-
eve fer moment tnat the government OF Great
Britain would hesitate to arrest the vessel when
there was great risk that half extinguished rebel.
lion woud be lighted up again 10y the arrival OF the
new means OF war and new sympathiZersy l i'm.
pute more solid sense 10 Great Britain.