The daily union. [volume] (Washington [D.C.]) 1845-1857, 1855-03-27

avoid serious damage renders The aggression and
insult less pap~bs bat by relieves tbs tran"
ton Of aggressive and insulting character
Nor is IL any answer TO the outrage place the jast6
cation the spanish officer on the ground that he had
'pous as 70 the anibustering character Of the
To justify his exercise o. right Of soppago and search
this ground assume tha, the gAf depends upon
the asusposs Of the spanish officer one equal has not
the right msnaeos and force satisfy his
suspicious the commission Of an offence BY another
equal As between individuals there must be probable
suspicion before an attempt can be legally made
70 interfere with personal liberty. There nothing
in the appearance character conduct of the Fl Do
RADIO 10 give rise to suspicion she her regular
voyage, in her right place, was wen known As reg
uar mail steamer, and was sailing with her signal
lights burning brightly. II is not pretended that
there was any special ground for suspicion as to-
her but the excuse is, that Spain suspects every
American vessel that approaches the Cuban island and
therefore claims the right upon this general suspicion
stop and board and search every American vessel She
ser the right Of search in its broadcast and offensive
sense She Is not limit her claim exercise the right in
special cases where she has probable Of suspicion
but she places whole mercantile marine under sus-
peiou and places her senneIs the Of cuba to ar
the outrage upon the FL Dorado practical exercise Of
right 10 annoy aud obsruet upon pre-
ence which is founded alone upon her fears and her
insulting imputatiou OF fibustersm against all OF our
national vessels II il tantamount TO declaration that
the high in the neghhorhood Of Cuba no longer
free 10 American commerce II the American government
submits mey the assertion and exercise of this right
Of search in the OF the FL Dorado Spain will claim
as precedent for succession Of other outrages which
cannot but lead to fearful consequences,
Without proceeding discuss this subject further at
present we bring remarks to close by presenting
to the attention of readers the position held on the
right OF by the British and the answer
thereto by our own government This subject thor
oughy discussed years since between Mr. Webster
whilst Secretary Of State and the British ministry There
remarkable coincidence between the views of the Brit
ish ministry and the National Hscaesr the question
under discussion Lord Aberdeen said II has been the
invariable practice Of the British navy, and, his
lordship believes OF all the navies in the world
ascertain by the real nationality Of merchant
sells on the high seas if there be good appre-
bend their illegal character The htelgeacer says that
the late conduct Of the Spanish officer "the exercise
Of universally acknowledged right The reply of Mr.
Webster to Mr. Aberdeen We might ask in vain for
the evidence OF the existence point of fact Of this uni
yersa and nyarabe Practice but the necessity Of this in
qury viii be superseded by showing that it has
ton in lar" Mr. Webster proceeds TO demonstrate that
there no difference between the right of search and the
right Of avsationn MS contended by Great Britain AS
viewed by Great Britain the right Of search is purely
beligerent right and have existence the high
seas during peace but that government maintains that
he right Of may be exercised in time peace by
the armed vessels Of all nations This distinction is
tery epudiated by Mr. Webster who that Fit is inn
possible show single passage Of any international wri
ter on public law the Judgment of any by which
that is admitted either in Europe America, which
will justify the exercise Of such right the high in
time Of peace independent Of special compact In another
place he says The of the United States main
that there broad and genuine difference between
what has been usually called Vis and what has been
usually called search the right Of ris be efectua
must in the end include search and thus
else peace authority which the Law Of nations only
allows in time Of war And again: "The government of
the United States understands that public writer's courts
Of law and solemn treaties have for centuries used
the words ayisit and search in the What
Great Britain and the United States by the right
Of search in its broades sense called by the continent
al writers and jurists by other than athe right
of visit The following extract from Mr.. Websters de-
spatch Of March e. l843 viii show clearly the American
doctrine on this subject and how utterly unfounded is the
OF the Itcigne that the late conduct Of the
Spanish frgae was "the exercise universally acknowl
edged right Mr. Webster said
Lord Aberdeen cannot fail see therefore, what scri-
Gus might ensue If it be admitted that
this claim to visit in time Of peace however limited de-
fined should be permitted exist strict right
for If exist right, it must be followed by
ponding duties and obligations and the failure fulfil those
duties would naturally draw penal consequences after it, till
ere long would become in truth, little less little other
than the belligerent right ofsearch
III visit visitation be accompanied by search
will be in merely idle. sight Of papers may be
demanded and papers may be produced but IT known
that slave traders carry false papers and different Of
papers search for other papers, then be made whore
suspicion astes it, else the whole proceeding would be
ugatory In suspicious the language and general ap
Of the the Of asceranng the
national character Of the vessel. The cargo board
also, often indicates the country from which she
Her book showing the previous and Of
her voyage Der internal 6tment and equipment all evil
dences for her against her her allegation Of character
These matters obvious only be ascertained BY rig
search
1t may be asked ia vessel may be called 10 show
be called show her papers but the question s where
when and BY whom Not 10 time u peace, the high
SEAS where her rights equal the rights Of any other
vessel and where has right to modest her The
her paper in time Of prove her neutrality when
4 a.