The daily union. [volume] (Washington [D.C.]) 1845-1857, 1855-04-15
Froa, The Baltimore Republican aAd Argus
TIE Ell DORADO OUTRAGE AND THE ~RfaHT OF

withstandlng the proclamation Of the President loddng
the fitting Of expeditions within the United States
against Cuba il il web known that rumors existed and
from time 60 time repeated Ia the public journals
that hostile descent upon she island would be made 50
as it was known that the proposition 20 purchase i
nom Spain had failed This rumored intention Of
well known in Havana ia the United States
and there il firmly believed and the island put ia
state OF armed preparation Tor repeng the expected in
vaders Sefpreservaon required Of the authorities every
preeauon against invasion Troops At their posts
and cruisers were on the lookout large steamer,
we'll adapted for the conveyance Of troops is al
night making directly for the threatened port Span
ish ship, placed sentinel guard Che approaches
IL being enough hail the strange steamer,
adopts the naval usage o. firing gun to get opportn
nifty of speaking her The steamer instead of regarding
this signal and halrg turned her bows head on and adj
yanccd upon the ship thus strengthening the suspicion,
any existed or giving rise il II did not that there
something hostile In her designs Another gun is
fired, the steamer stops and is spoken and visited no
search Is made her character Is asceaiued the word OF
the Is enough aud she is suffered quietly to pro-
coed.
Now we said and we say it again that this nothing
than the UNIVERSAL right OF sentinel
duty military pest OF national guard-ship to
challenge every and repeat that we do not
believe that there enlightened government under the
sun that could discover thing ia u bearing the slight
est indication Of intended national INSULT
We entirely agree with the Intelligence in the PROPOSE
ton FIRST laid down that @there is wide difference &c
between the right Of search visit and the right Of
Mailing vessel making directly for aport threatened with
hostile invasion Y and this distinction touches with
Of one nation has right under the law of nations pro-
coed against the suspected vessel Of other nation upon
the high seas and outside of the shore jurisdiction OF
marine league The right Of "hailng is the right known
in the books the right Of approach And this right
every nation may with pruprey and safety exercise to-
wards the suspected vessels of other nations They may
do universally exercise towards vessels suspected OF
being pirates They have the recognised right approac
ng such vessels Of sailing around them alongside but
ii they overhaul BY force board they act at their peril
The case is many aspects be lkened to the civil Off
Ger on land who, while aiming execute civil process
mistakes the offender and innocent person
The example OF piracy which we have selected to Illus
trae the distinction which have adverted between
approach and visit search is peculiarly adapted
views of the law applied TO the Ell
Dorado outrage By the treaty Of Client il declared
traffic in slaves is rreconciable with the pn-
cipes Of humanity and justice" and the contracting par
agree their best endeavors accomplish its abd
on In conformity this declaration and agreement,
law passed by Congress denouncng this infamous
traffic piracy and threatening the penalties Of that
crime any citizen Of the United States who should be
detected in prosecuting it, The example followed by
Great Britain and other countries. Treaties have been
entered into between Great Britain and Of the prnc
pal maritime powers of Europe for the purpose Of
tual cooperation the suppression of the slave trade BY
these treaties the right conceded 20 each party boarding
and searching merchant vessels sailing under the flag Of
the Others in the African with the view Of ascertain
ing whether they concerned in the slave trade made
Illegal BY the especial laws of the several parties But the
United States notwithstanding they had, by formal
acment Of Congress declared the slave trade be pra
cyl and had denounced those who engaged in it p
rates refused to join in any arrangement which should
subject their merchant vessels bearing the flag of the
Union TO be overhaued visited and detained in their
voyage the high by the armed other pow
The of their refusal ably put by Mr.
Adams in his ceehaed correspondence than twenty
! CO..
easily be had by those not fresh in their reading
that very instructive period of diplomatic history
The British government however in carrying their
treaties with other powers and executing their laws
against the slave trade did the very right
cised in the Of the III Dorado by the Spanish gate
Feroana, and which act the Intelligencer usiifes
adopted the practice Of boarding and inspecting vessels
sailing under the American flag which suspected
mark the word by the commanders of British cruisers Of
being concerned in this traffic The consequence that
several American vessels interrupted detained on
their voyage. This proceeding however unjust and so
in violation Of the law Of nations brought the prompt
remonstrance of government This laid before
the British by Mr. Stevenson minister at
the Court of st James Lord Pamerston in defending
the action of the Eng cruisers advanced the very same
doctrines which the authorities Of Cuba insist law
in order to justify the FL Dorado outrage and which the
Intelligencer adopts lie attempted to draw dis
tincton between stopping vessel Visiting her
similar distinction is apparent from the following extract
Notwithstanding the seeming variance in sentiment the
first sentence of the extract have quoted the com
mencement Of our article:
"A Spanish ship, placed a sentinel guard the APP
proaches to IT, not being enough hail the strange
steamer adopts the naval usage Of firing gun get
opportunity OF speaking her The steamer instead re-
gardng this signal and baltng turned her bows head on
and advanced upon the ship thus engthcning the
pcon if any existed, giving rise to it if il did not
that there something hostile her designs Another
gun is fred the steamer stops and IL spoken and ristsd
search is made her character Is ascerained the word
Of the steamer is enough and she ii suffered quietly to
proceed Now, we said and say il again, ha Ms oas
nothing more than ne acknooycd right Of SEN
tnet on duty al military post or Of aioat guardsp
challenge every newcomer
II must be borne in mind thA the Fl Dorado was TIRED
az aogrhauie boarded agts,tsdp ships papers
e11miacd by the Spanish friga,e
Now, Mr.. Stevenson could perceive that Lord Pal
merstons distinction and the IntelliQencer's between
@yisit and search amounted difference neither can
Mr. Wheaton in his learned aud elaborate treatise on The
"Laws Of Nations" Mr. Duponeeau defines the differ
TO be that between flair LADY, and qady fair
Lord Stowell, that great light OF judicial wisdom
and learning in the admiralty Jurisprudence the mother
country asserts that authority be found which
gives any right Of satio Interruption over the vessels
and the navigation Of other States the high seas except
what the right Of gives bellgercnts against ne-
trails And such has been the practical interpretation of
the law BY England IN al where Der own interests
dictated. About sixteen years ago a law was passed Il