The daily union. [volume] (Washington [D.C.]) 1845-1857, 1855-03-30
DEATHS OF Ex-UNITED STATES SENATOR'S.

On Wednesday last announced the death Of eI-Sen-
aor Phelps OF Vermont In yesterdays issue Of the Union
the death Of ex-senator Fitzgerald Of Michigan is ehron
clee To-day II is painful duty TO the death
OF Hon. W. s Archer OF Virginia. who expired his resi-
dence in Amelia eounty Virginia Wednesday morning
after an illness Of only few hours Mr. Archer repre-
sened Virginia the Senate OF the United States for
term He universally respected for his sound inte
gence and the high qualities Of his personal character
THE AMERICAN DEFENCE OF THE LATE SPANISH
AGGRESSIoNS.
The plea put forward for the Spanish officers in usca-
of their late aggressions committed in Cuba and in its
neghborhood is based upon the assumption that they
the results Of necessary TO protect the island
against invasion by class % American citizens known
hbusters However oppressive and despotc the govern
ment which prevails in Cuba may be coneee the right
of Spain resort all necessary MEANS which
inconsistent with the rights Of other nations uphold her
dominion and to protect it against interference from
abroad To these ends exception be properly taken
to the strngeny and rgor the regulations adopted TO
prevent instructions home and to guard against danger
from foreign invaders uness il shall appear that those
regulations lead necessarily to violation Of international
law
According the idea suggested few days ago by the
Lpteiligenee the Spanish government may convert the
island of Cuba into fortress and may surround IL with
Gordon of armed vessels TO render il against the
approach of ENEMY but IL does not follow that the
tnels thus stationed have right make these precau
tionary measures eectua by subjec,ing vessels OBJ
noxious reasonable grounds of suspicion to forcbe de
tenton vtaion and search. Every vessel engaged in
lawful enterprise has perfect right the
ofinpo oh II
that the right claimed for the Spanish and that
conceded to belong every lawful navigator be
ciled At greater distance than one marine league
from shore the Spanish man-ofwar has exclusive urs
diction beyond its deck Acting sentinel its officer
may hail other vessels approaching sufficiently for
that purpose and ask for such information may be de-
sired but whenever the information desired obtained by
aforcbe detention by such menacing display of force
coercion the right of the vessel stopped
and detained TO the unmoested navigation Of the
denied and nfringed Two such inconsistent and antago
nstc rights cannot exist unless contrary to the unver
ayconceded principles of international law there such
thing right of SEARCH visitation detention
in time of peace
None of the advocates the Spanish side of this ques
ton viii subject either their intelligence their patriot
ism impeachment by maintaining the existence Of such
right To that it exists is either that
war exists between the United States and Spain or that
the unwngness the inability of the former prevent
unlawful expeditions against Cuba ustfes the latter in
dsregardng settled international principle and estops
the United States from Directing to its violation.
is necessary remark that assumes that
of exists between the nations and there
fore that the right of Search visitation detention
claimed for the Spanish officers 6elgerat right
follows that the defence of the Spanish functionaries
upon the higher law of necessity or il is
usually termed the right of sereserpaton We concede
the existence of such right in extreme both
in individuals and in nations but 1t must not be forgotten
that the TO its exercise must always be made at the
peril of the individual nation determining that the
necessity for the application Of the right exists 1t is said
by Chancellor Kent that he danger (which ustifes the
exercise of this rght must be great distinct and mmi
nent and not on vague and uncertain suspicion"
We do not feel authorized yet to assume that the
Spanish has taken the and dangerous
posiby Of deciding that the necessity for the preserva
of her Cuban possessions uses her IN setting aside
and violating the principle of international law which de
mics the of the right of search or visitation in
time peace Recent indicate the possibility
such decision her part but the consequences which
follow the authoritative PRONUNCIATION of that de-
csion justify in assuming except
upon the unquestonae evidence that she taken
fearful step When such evidence is furnished she
longer object to investigation Of the question
whether the right of sepresevaton does not belong
to the United States and whether the facts do not make
out case of necessity which usies the immediate and
orcble seizure of the island Of Cuba These grave
questions which each nation must decide for sef-and
its peril Such decision by either result in trial of
physical strength 1t overrdes all questions ofn,enation
al law applicable peaceful relations and submits the
issue the fate OF We repeat that although
Of the ndscreet apologists Of the late illegal proceedings
of Spanish officers in the neghbohood Of Cuba have placed
their justification the ground of sepreservaon and
although either deny the existence Of such
right would have any special Of regret to
Spain resort to its exercise, yet will not rnshy
that she has resolved upon course so fatal
to the continuance of her dominion in Cuba We can
proceed any other superstition than that upon the
proper application for explanation Of and reparaton for
the late outrsges perpetrated by her ccer she viii
promptly repuda,e the defence made for them in this coun
try make ample reparaon for the wrongs and insults
by visiting upon the offending functonares her marked
dspleasure II there particle of sincerity and truth
fulness in the Of friendship for
and devotion justice recently made in the Cortes by the
he,sney in Masking the atonement which the