The daily union. [volume] (Washington [D.C.]) 1845-1857, 1855-03-27
REVIVAL. OF "THE RIGHT OF SEARCH"

REVIVAL OF "THE RIGHT OF SEARCH"
If we had not long been familiar with the habitual
Difference approaching servity paid by the National In
tegnesr TO British interests and British policy should
have felt surprise the declaration by that journal
that in the firing and stopping Of the FL Dorado for the
boardngher and papers the Spanish
officer was in he exercise e universally Acknowledged right
As we have pronounced this proceeding fragrant sggres
sion upon our national rights and gross insult to
national flag which called decisive for the
vindication Of our national honor deem incumbent
on US to examine in detail than have yet done the
issue between the hael3igaaeer and ourself
In view of the geographical position of the island Of
Cuba the assertion and the of this right Of stop
page and examination involve the of
TO 50 large an extent that they be submitted to
less ii be true as affirmed by the beene that the right
thus asserted and exercised is universally acknowledged
to exist If every merchant ship that sails from
or to any of our commercial cities the Atlantic for
the purposes Of trade and whose track Of
igaon runs the neighborhood Of Cuba is liable to be
arrested on its voyage by Spanish cruisers undergo
animation in order aIay the suspicious OF the Spanish
anctouaries on the island it is apparent that the obsruc
tons to commerce VIII be annoying and injurious that
our enterprisng merchants will not long submit II be-
comes exceedingly important therefore, to ascertain
whether any such right does exist and if il found to be
an unsupported assumption ought be declared and
treated upon the facts of the Fl Dorado case
In the investigation Of this question we lay il down as
fundamental and universally recognsed proposition, that
vessel on the high seas beyond the distance of marine
league from the shore regarded part of the territory
Of the nation 10 which she belongs and subjected
clusvelv, to the jurisdiction of that nation Her flag
proclams her national character, and guarantees to all
on board the protection Of her government 1t follows
necessarily that every interference with vessel stua
ted is orina tac aggression upon the Jurisdiction Of
her government and insult the flag which pgoclams
that jurisdiction When the FL Dorado orcihiy
rested on her voyage she completely under the u
rsdctou Of the United States she had been quietly
oored in the harbor OF New York If she had been fired
Al boarded and examined by Spanish officer SO lying
anchor in the New York harbor the aggression and insult
wod not have been clear and unusfabe than they
were when committed the distance of ten miles from the
shore Of Cuba Such outrage would have stirred the
blood of the whole nation and every tongue would have
demanded prompt and full PREPARATION If we have not en-
ely misunderstood the relative rights of the parties 10
the Fl Dorado affair the conduct Of the Spanish officer
calls for similar expression Of national indignation and
similar demand for reparation.
The instant before the Spanish fgate fired the first shot
the two vessels bore each other the relations Of perfect
auaIityeaeh was under the jurisdiction OF its gov
ernmeptte flag Of each proclaimed its separate nation
atty and soveregntyeach had perfect right to its posi-
ton and each was in the lawful enjoyment Of rights
the high seas which were in all respects equal Thus su
ated within cannon shot the Spanish vessel throws q
bali oyerhe bow Of the American the language
Of the significant messenger thus standstop
your engines and proceed further until you have per-
mission from me the character Of the messenger shows
the danger Of disobedenee- still-submit be
boarded and have your papers examined and your right
to proceed determined by my judgmentl
This is the language Of command il is the assertion Of
superiority Of rights is the a Of having authority
to issue it and the right and the power to exact obedience
Ii is the language Of superior subordinate Ii is the
assertion in the most offensive and menacing manner of
athe right OF search understood by American stes
men or he right Of visitation understood and claimed
By British statesmen Il i not to be regarded the ind
vidual act Of the Spanish officer the message and the
and are not TO be understood directed the Amer
can captain merely is the fat Of Spain 70 the United
States it Is the command given BY sovereign nation
another il is the assertion Of right wholly inconsistent
with the equality which existed between them when the
command given; it was therefore necessarily ag
erosion upon the jurisdiction Of the United States and
insult to the Dag which proclaimed and guaranteed that
jurisdiction.
We wish il horne in mind that discussing ques-
ton Of right and of courtesy The laws
OF courtesy justify equal in approaching another for
information, but they do justify approach in
ner which carries with the assertion Of superiority
which is accompanied with circumstances Of and
evidence Of purpose to enforce the demand the mouth
OF the cannon The Spanish officer violated every rule Of
courtesy in bis mode q bringing To- the American
steamer aud his refusal the reply Of the Amer
can commander as satisfactory and bis proceeding board
the vessel and demand examination Of her papers show
clearly that he proceeding upon the laws o. Sour
tesyu but upon the forcble assertion Of ~rghtfhe
rsgh to Assarekr an American vessel
If the Spanish officer in the exercise Of right
asserted BY the bfsgeaes then the American command
er bound obey the summons but II that the
relation between them, they were not equals viii any
American ctizen coneede that the commander Of the 81
Dorado could not with entire proprey have asserted his
equality by dsregarng the order stop and proceeding
his voyage Suppose he bad done 80 and the spanish
frigate had erecued the threat clearly implied in It's
noa-oan messages BY firing into and disabling sinking
tbs steamer would the have been justhable7 No
win contend Sud ye, that consequence follows