The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1855-04-14

sates does ths pubhc law Of The world lay before
hand any rule for the government Of cases OF
tary deenons and injuries at sea, except
that in both classes Of cases law and make
distinction between injuries committed through mis- axe
and injuries committed BY design the former being en-
ing exemplary damages, and sometmes personal punish
msnt The government of the United States has fre-
quenty made known its opinions, vhchit now repeats
that the practice Of OBTAINING Amecan vessels subject
10 Just compensation however guarded by instructions,
OF md TSs souus :. loss
cannot be always wen ascertancd Compensation, II It
be adequate in the amount may stun necessarily be long
troublesome to the Of both countries These
detentions too, frequently irrtate individuals cause
amcabe relations existing between the two countries
We wsb therefore, to put end to the and to avoid
On the whole, the government of the United States
while it has not conceded mutual right OF visit or
search has been done BY the parties 70 the quntupe
treaty Of December le4 does not admit that by the
law and practice Of nations there Is any such thing az
right Of visit, distinguished by well Known rules and
definitions from the right Of search 1t does not admit
that visit of American merchant vessels by British
cruisers is founded any right Notwithstanding the
cruiser may suppose such to be British Brazilian,
Portuguese. II cannot blu. that the detention
and EXAMINATION OF American vessels by British cruisers
continued It would st lead to further consequences
highly injurious to the lawful commerce OF the United
We have briefly run over the leading points of Mr..
Websters letter Mr.. Everett left copy Of it with the
British Ministers who never replied TO it thus aording
claim. 1t has never been renewed to this day. The
doctrines Of Mr. websters letter the doctrines Of
endorsement Congress adopted them, and the Supreme
Court With Judge Story at their head in case en-.
SIa;Ig the same point and against citizens Of the
1t is true that it has been held by the courts OF this
country that American ships offending against our laws
and foreign ships in like offending Within our
Jurisdiction may afterwards be pursued and seized
the ocean and rghtuly brought into our ports for ad
in such cases seizes at his peril II he establishes the
forfeiture he is justded if he falls he must make full
The United States published TO the world their in
flexible creed which they would resolutey defend and
that her flag should protect Americans from visitation
and that whosoever by such act violated the
freedom Of the seas the dignity Of her coor and the
ghts OF her citizens in the strong language Of Story,
"old it at his peril"
How all this bears directly upon the case of the
p DORADO, simple glance at the facts wll show.
She was upon the broad ocean, ten miles from land.
Her voyage was lawful and regular; and to give
burning clearly and brightly. She is brought to BY
ball from Spanish steaner-compeled to stop upon
her soasssIis boarded By an Officer and has her pa
Again pursuing the iame track, she is subjected to
similar treatment And, if to indicate fixed policy
wards the United States the Daniel webster within the
last few days, is made to pass the same ordeal
government fhould act in this wanton and high handed
manner towards the United States 1t has enjoyed such
long impunity in aggrestions upon commerce and
insults to our faghas 80 often been threatened with
punishment and never received -feels itself strong
in the arms Of its intermeding allies, England and
France and has recently had just to despise
our frmness, and mock at our warnings that it may
well feel safe in any further wrong contumsly it may
heap upon The FL Dorado and the Daniel Webster
only the last of long series. Year after year the
thing has been going M SouIe, in his correspond
with Mr. Calderon, says that the archives Of the
legation loaded with similar cases." And Mr. Marcy,
in his Instructions to Mr.. soule, says
On the superstition that change 10 to take place in
the relations between Spain and Cuba-that arbitrary
discomfort in the latter-ths government has right
demand exemption from the annoyances which likely
to result from such q condition Of things. Our flag
must b respected and relieved from
barrassment by the Cuban authorities. The United
States will not submit to have their merchant vessels
though in the vicinity of that island searched de-
tanned on their lawful voyages If the unquiet condition
Of Cuba has rendered it necessary in the judgment of
Spain, to ADOPT stringen. and harsh wards
outbreaks and enforce obedience to her rule she is
hound TO take every precauton to prevent the evils of
ments.
To such point has this frequent and unatoned for
grievance been carried. But remonstrapce argument
protest. II have failed to make any proper impression
upon the Spanish government. Subms sion Ia the past
mas borne its just fruits of further aggression The
Black Warrior case 10 announced settled and in the
breath hear of the FL Dorado and the Daniel
Webster. Where and when these things 70 ceasep
viii the United States with all their experience Of the
futity Of forbearauce and these ndgnties fresh
before them still SUBMIT Or will they Wipe out, by
vigorous and determined course the regrets and
OF the past2