Washington sentinel. [volume] (City of Washington [D.C.]) 1853-1856, 1855-07-07
THE PECULIAR AND BELLIGERENT
POSITION or THE NATIONAL INTEL
LIGENCER

Grande from his office and to punish the officer
IN command of the Ferroana, if he has exceeded
the orders in the affair OF the FL Dorado, which
ORDERS it seems, were explicit not to stop vessels
to make any search until they had entered the
waters under the jurisdiction of Cuba The
Spanish Government also makes solemn deca-
ration that it has not been the intention of SPAIN
nor does she pretend TO hare any right 10 ris
or search .4merican ressels on the high seas
We clip the above from the South Caroiinian
Of June 29th. The practical reputation by
Spain of the National InieLigencer or rather the
reputation of the claims made by the Lieli-
gencer on behalf of Spain, should satisfy that
journal that in the matter of the Ell Dorado and
Consul Robertson it permitted zeal to outrun dis
cretion.
The original jealous and advanced position
taken by the Inteligencer was that the forcible
detention and visitation of the Ell Dorado on the
high seas was the exercise of " universally ad-
mitted right"
The Spanish Government repudiates this theory,
(the adoption Of rrhieh By Spain rould inevitably
hare plunged her in ioiih the United States
and Furnishes the officer in command of the
Ferrolana.
In view of the ludicrous defeat suffered by the
inieiiigencer in the discussion with the Union of
the !" FL Dorado outrage" in which it was shown
by the latter as well as by this paper, that the
" right of visit" was not admitted by any one of
the three coordinate branches-erecutire, legis-
lafipe OF judiciai-of this Government, but had
been expressly, and in the most marked manner
denied by them all-in view of the reputation
by Spain of the claim put forward for it by the
Inteitigencer, and persistently maintained despite
the judicial decisions, American and English, in
refutation Of its views--in view of all this, one
would have imagined that the Intelligence, would
have been content TO be silent, and have been
extremely gratifed could the whole matter be
buried out Of sight
So pressed was the Inielligencer in the discus
sion, that it proposed TO leave the decision of
the question at issue to certain "gallant old com
modores" then in Washington.
Though our "galant old commodores' will be
ever held in grateful and affectionate remember
ance by their countrymen, yet it must be con-
fessed that no part of the high consideration in
which they are held is based on any supposed
merit of theirs as erpOuaders Of the laic.
When the Inteiligencer was driven to the ex-
Psdent of proposing to refer question Of lGr
Of the United States and the High Court of Ad-
miralty to be reviewed by certain of our "gallant
old commodores" as court of appeals, it might
have suspected, at least, that = position it had
assumed was untenable
We we need not remind the IntelH-
gtner that a board Of commodore sitting as a
court of appeals to review decisions of the Su-
creme Court of the United States, Is an extra
istituiionai tribunal; and il seems TO US that
TIE very necessity which drove the Inteligencer
+ propose reference Of pure question Of laic
> such tribunal, and by way, too, of appeal
rom the decisions of the Supreme Court, should
have startled il into suspicion that, from over
ZEAL IT had been betrayed into the indiscreton Of
proposing issue which was untenable. Indeed,
the proposition Of the InfeIligencer 10 refer the
taic point TO the board Of conRodoreS, was a yir-
tual abandonment of its original position that the
torcble dttenfions and risiaiionS Of The Ell Dorado
lcas in the exercise Of a UNIVERSALLY ADMITTED
right.
The decision Of constitutional tribunal
could be found to sustain the InteLgencer, and il
proposed a resort TO ertra constitutional one,
to wit: board Of eonimodores.
In view Of the glaring and repudiated blunders
Of the Intsiligeneer, modest silence on its part
would have been particularly appropriate, and
certainly no one could have imagined that il
would seek renewal Of the topic.
But not so; with that nairete so charming in
youthful maidens, the Inielhgeneer again aludes
TO the topic, and in a way, too 10 lead TO the be-
lief that it is under the impression il had tri-
had in I'D -
Spain.
IN it's issue Of Saturday, il has the following:
APRoros.--Having occasion TO allude 10 the
late arrests in New York for the violation Of our
neutrality laws, il occurs TO US TO ask if any body
tell us whereabouts the British brig was on
Sunday last when our revenue cutter ''visited"
and captured her for having German recruits on
board She cleared at New York on the 18th for
New Brunswick; but she may have been, and we
presume she was, within our waters when seized
We ask for infoma ton.
We answer the btsiigencer in this wise: II is
unimportant whereabouts the British brig was
on Sunday last when revenue cutter visited
and captured her for having German recruits on
board" II makes sort Of difference if "she
was within our waters when seized, +" or not The
offence Of the British brig was committed ,ciil,in
raters The principle Of law is that foreign
ship offending ,oithin jurisdiction MAY BE- pur-
sued and seissd upon The ocean and righyhrily
brought is'io our ports for adjudication
This principle, which we believe TO be 'uni-
versally admitted" was laid down in the case Of
the Mariana Flora, Mr.. Justice Story deliver
ing the opinion Of the court. We extract below
portion Of that opinion, which IN no wise con-
Aicts with the opinion Of Sir VIM. Jones in the
high court Of Admiralty in the Of Gle
Louis"
We quote more Of the opinion Of Judge Story
than is sufficient to answer the aprspos question
Of the hteiigsncer. We quote enough not only
10 cover the case Of the British brig recently
seized, but also to show that in the affair Of the
FL Dorado and Ferrolana the United States and
Spain were right in their view Of the right Of vsi-
tation and the nteiiigencsr wrong.
Had the untpnable thpoyy en- mnrpdeptl,