Evening star. [volume] (Washington, D.C.) 1854-1972, 1855-03-30
WASHINGTON NEWS AND GOSSIP.


take up the questions involved in the FL
Dorado case to-day, and ask an attentive
hearing for the reasons which induce rs to
differ, upon this subject, from both the Unson
and the Intelitgsncer. n
Now, thsdrift of the Union's quite excited
remarks upon the case 10, that that this Gov
eminent owes it to itself to jump to the con-
clusion that Spain deliberately committed
outrsges and attempted to enforce
in its most odious form the right Ct search
upon rs The Isteliigsneer, on the other
hand, holds that she has committed no offence
whatever in forcing our vessels to acome
too" when outside of her municipal jurisdic.
ton, and give an account of themselves, her
right to do 80 arising, according to tho reason
ing Of our neighbor, from the fact that our fl
libusters, despite the honest efforts of this
Government, keep her Island authorities In
constant dread of piratical invasion.
We have endesvored to state the positions
Of both these journals with clearness and can.
dor, and have to add that neither of them
strike rs as embracing correct views While
We do not think with the Union that the
bringing too" of the Ell Dor ado under the
circumstances was an outrage, We neverthe-
less regard 1t As . trespsss; one for which it
behoves Spain to make due acknowledgements,
as We take it for granted she will do prompt
ly, whom the affair shall have been brought
to her notice officially. In case she assumes
that her off ,ers simply exercised their rights,
then it will assume the aspect of an out
rage, not to be repeated except at the cost
Of war with US. We, at present, decline
looking upon 1t in any such light, how.
ever, as 1t cannot be that Spain will, with her
eyes open, throw Cuba away upon any such
assumption of the right to exercise police
authority upon our commerce passing through
the Gulf of Mexico, but not within marine
league of her possessions there.
1t was as we'll known in Cuba as here, that
the fllibusters had arranged to leave the
United States for the Island about the time
the Ell Dorado was thus drought to" by the
firing Of shots across her bow, consisting of
fotr vessels with $500 men under General
Qnitmsn. The Government Of the United
States by its vigilance defeated this scheme,
though the Island authorities did their best
to be prepared themselves to defeat it, in case
the authorities at Washington should prove
unable to do so. The Spanish war steamer
was doubtless watching to intercept those YES
sells, and ares led the El Dorado momentarily.
where her commander would have had the
right to arrest any vessel sailing for the
Island with fillibustsring intent, as o ship
bent on such an errand has no claim to the
protection of any flag.
10 reduce the matter to the comprehension
Of all, the momentary arrest of the Ell Dorado
was similar to case in which a sheriff, who
has warrant for A, mistaking for him,
arrests the latter, and on ascertaining that he
had got the wrong man promptly releases
him with a CT beg your pardon, sir, for the
mistake have made" Z, in ", has valid
action against the sheriff for false imprison.
| ment; bat no jury would, under such circum.
stances, accord moro than nominal dam ages
The Spanish Government will probably ex-
| plain that the bringirgto of the I'll Dorado
was just such mistake, and make the proper
apology for it, which, it strikes as, will be all
that this Government will ask in the premises,
if Spain puts the affair on the ground wo have
explained above.
We, therefore, decline at this time to onter-
tain the idea that an outrage has been COM
mitted upon the American flag
| On the other hand, We deny in toto the right
OF spain to stop our ships, engaged in lawful
commerce, anywhere beyond a marine league
from her possessions; which right the In.sli,.
gsncer appears to claim for her on the yround
that she may thus protect herself against the
possibility Of the successful departure of fill
clustering expeditions from our shores. This
Government has steadily and emphatically
resisted the right of visitation or search on
the high seas, and any point on the ocean q
marine league from shore is on the high seas
according to universally admitted interna.
iionai law. Opposition to the assertion of that
| right brought on the war CT 1872. We fought
that war in vinlication Of the immunity Of our
vessels, engaged in lawful commerce, from
any such claim Of authority on the part of the
~~-N~ '~SSAs Va ohy OsAcK OW6E Wn0I6Ver.
and every subsequent American Administra-
uon has been ready to encounter another war
In defence Of our right to immunity az ex-
planned above. Tho history of our treaty
with Britain upon tho subject Of the African
slave trade, made subsequent to the war of
1872, illustrates tho pertinacity with which
this Government refused to consent to permits.
the ships Of another Power to visit or search
ours engaged in commerce-not violative of
international law-undsr any circumstances
whatever. The slave trade, though illegal
under the municipal (domsstic) law of both
England and the United States, Is not contra.
~ to international law; and we refused fatty
aud positively to accord to British cruisers the
right to visit and search oar ships on tho slave
coast, even though there was proof positive at
hand that they had slaves on board. Yet be-
ing sincerely DESTROYS to break up the traffic,