Washington sentinel. [volume] (City of Washington [D.C.]) 1853-1856, 1855-07-07

Spain, war with all its horrors would have been
the inevitable consequence.
The Inteiligeneer is so much adrift in regard TO
this point of international law, that we recon-
mend TO It careful perusal of the entire ex-
tract:
Gin considering these points, il is necessary TO
ascertain what are the rights and duties Of armed
and other ships navigating the ocean in time Of
peace Ii is admitted that the right of pisiiation
and search does not under such circumstances
belong TO the public ships of any nation. This
right is strictly belligerent right, allowed by
the general consent of nations in time OF war,
and limited 10 those occasions.
at is true that il has been held by the courts
of this country that American ships offending
against our laws, and FOREIGN SHIPS IN LIKE
MANNER OFFENDING WITHIN OUR JURISDICTION
may afterwards be pursued and seized upon the
ocean and righy,iily brought into ports for adj
judication. THIS, HOWEVER, HAS NEVER BEEN
SUPPOSED TO DRAW AFTER IT ANY RIGHT YIsI-
TATIoN OR SEARCH The party in such cases
siezes at his peril. If he establishes the forfeit
ure, he is justified; if he fails, he must make full
compensation in damages.
Upon the ocean, then, in time Of peace, all pos
sess an entire equality. 1t is the common highway
of all, appropriated TO the of all, and no one
can yindicate to himself superior or exclusive
prerogative there.
every ship sails there with the unquestiona-
BILE right of pursuing her own lawful business
without interruption; but whatever may be that
business, she is bound to pursue il in such man
ner as not to violate the rights of others. The
general maxim is, Sic utere itto, at non alienum
ledas.
at has been argued that no ship has right to
approach another at sea- and that every ship has
right to draw round her a line Of jurisdiction,
within which no other is at liberty to intrude--
in short, that she may appropriate so much ofthe
ocean as she may deem necessary for her protec-
ton, and prevent nearer approach,
This doctrine appears to us novel, and IS not
supported by any authority. It goes to establish
on the ocean territorial jurisdiction, like that
which is claimed by all nations within cannon
shot OF their shores, in virtue of their general
sovereignty. But the latter is founded upon the
principle of sovereign and paramount appropri-
atoms, and has never been successfully asserted
beyond it. Such right (of approach) seems in
dispensable for the fair and discreet exercise of
their authority; and the Of it cannot be Justly
deemed Indicative of any design to insult or in
Jure those they approach, or to impede them in
their lawful commerce. On the other hand, it is
clear that ship is, under such circumstances,
bound to lie by or wait the approach of any other
ship She is at full liberty to pursue her voyage
in her own way, sc.
The second paragraph of the above extract
fully meets the apropos question of the htelligen-
Ger. The other portions of the extract show how
sound and conservative are the views of the right
in common with that Of the United States.
We yet hope to see the Inteiigencer abandon
its peculiar and beHigerent view of the right
of visit, and come upon the platform of the
United States and Spain