The daily union. [volume] (Washington [D.C.]) 1845-1857, 1855-04-04

vs.saon or .sareA The party such ssss At his
peril II he establishes forfeiture, he is astisd hs
fails, he must make full compensation IN damages
Upon As then, time Of Peae az possess q" efe
equality 1t the highway OF all, appropriated 10
the use OF all and vindicate to himself supe
rior or exclusive prerogative there.
Every shin sails with the uDquetonabe right Of
puruiuv her own lawful business without interruption but
NAV be business she Ia bound to pursue In
such not to violate the rights o. others Inc
general maxim Is, Sic atas tao, at ase""m tado~
1t been argued that no ship has night 70 approach
another at sea aud every ship has right TO draw
round her of Jurisdiction, within which no other al
liberty intruden short that she may appropriate so
much the she may deem necessary Tor her pro-
lection, and prevent nearer approach.
This doctrine appears to novel and is not supported
by any authority 1t goes establish the tersi
torial jursdicon like that which 10 claimed by all nations
within ho Of their shores In virtue OF their
sovereignty But the founded upon the principle OF
and appropriation and has never been
successfully asserted beyond it.
Such right (of approach indispensable for the fair
and discreet OF their authority and the use OF IL
cannot justly deemed indicative Of design to insult or
inure those they approach or to impede them Their
full commerce. On the other haad Is clear that no snip -,
under .ueh bound lie at the approach
Of any other ship She at full liberty to pursue her vo
age in her way &C.
such state Of things with it very different obga
ons and responsibilities from those which belong 10 war
and Is not to be COMPOUNDED with it,
"
Of visitation by the solemn decision of the Supreme Court
of the United States in restraint q our oe" "ea ve'
sells as against the merchant ships Of foreign State
From this decision deduce the following PROPOSE
tons:
lst That any American ship armed or unhrmed' puohc
or private right to pursue her lawful commerce on
the ocean without being pedd detained or rsed against
her own by the public armed vessel Of any foreign
nation whatsoever.
I'd That any public armed ship may approach an
American vessel pursuing lawful commerce. SO far as
this does not draw after it the right of visitation and
without derogaon of the right of the American to pursue
her voyage without lying by waiting the approach OF
such armed ship
3d. That the right American approached to con-
tnue her voyage without lying by waiting for the APP
preaching vessel is perfect and clear
From these propositions it follows
4h That the attempt any foreign armed vessel forci-
bly, to impede detan and visit American vessel pursu-
ing her lawful commerce the may by force also
be rssisted.-
The ri Dorado when the under discussion
took place. was pursuing lawful voyage. Her voyage
was not only lawful but by law obligatory on her. The
FL Dorado obligated by her contract to transport the
mails of the United States to make that lawful voyage
While peacefully pursuing her lawful business she has
been forciby mpeded detained and visited by Spanish
armed cruiser and time when Spain at peace with
all the nations of the earth.
DESTROYS as are the and people OF the ni-
ted States to possess Cuba and frequent and irritating as
are molesaons and disturbances to our coaswse and
other trade growing out of island lying on our coast
being under the jurisdiction Of foreign nation yet it must
bo conceded that the United States has amped upon
of the rights of SPAIN and has done her entire duty in
straining unlawful expeditions against Cuba
1t cannot however, be conceded that Spain, holding at
sacrifice Of interest pride island coast should
be permitted to exercise right Of visit not permitted to
any other nation and we are confident our
will so decide and act accordingly.