The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1860-04-03
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The Question OF tho scixure Of the Mira
mon Steamers.
Strenuous efforts are being made by some of
the partisan journals, out of party spirit Of
hostility to the administration, to justify the
outrage of Commander Marin, and to bring
censure upon the gallant officers Of our navy
who so nobly did their duty at Anton Lizardo.
We believe that the course Of Commodore
Jarvis and Commodore Turner is entirely JUST
fable, and that they merit and will receive the
hearty appreciation Of the government, as we'll
as the decree of justification from the tribunals
when all the facts are ventilated. The case,
though rare one, is not so novel as some have
supposed There ere several which in part are
analogous, and have been in one form or
another ADVOCATED. The question Of jurisdic-
ton is rendered clear by the cases of the cap
ture of the Essex and Essex, Junior, com.
cruisers, in the harbor of Valparaiso,
during the last war. In the case of the Gene
raj Armstrong the question of harbor capture
also arose, and the arbitrating European Powers
refused reparation because the Armstrong
fred the first gun. In 1928 the United States
schooner Grampus captured the Spanish priva'
teer Panchita, off Porto Rico, because, under
suspicious circumstances, she answered hail
with fire; but the vessel and crew were dis
charged from detention, her commission having
been adjudged to be legal one. In the case
of the Mariana Flora, captured at sea by the
United States schooner Alligator, some of the
circumstances bear still stronger analogy to
that Of the Miramon and Marquis. This ship
fired upon the Alligator, without showing her
flag, as the latter was running down to hail,
with her flag flying; and, the case being carried
to the Supreme Court on q question of DANA
ges purely-for the ship and crew were released
by the District Court-Judge Story held that
the act "was hostile act, an indignity to the
nation, and trespass upon its rights and sove-
reignty," and that, If the Alligator had been
seriously injured, or any of her crew killed,
no doubt could exist that the ship ought to have
been sent in for adjudication, to enforce redress,
and also to administer, if necessary, punish
ment."
1t is beyond a doubt that Commander Ma
rim showed no flag, that he committed
the first aggression, that death resulted
therefrom, and that both ships should have
heen consequently sent in for adjudication, and
punishment If necessary. The question will
perhaps turn upon the legality Of his commits
sion; for there can be no desire on our part to
punish the national indignity and the tres
pass on our sovereignty by the pecuniary
penalty of coufscation. Commander Marin's
neck, therefore, is in more danger than his
pocket. The propriety Of the capture and
sending in admits of no question, under the cir
cumstances; and on this point our gallant ma
val officers are entirely justifable in the course
they pursued.
In discussing the question of the legality of
his commission Commander Marin may yet I've
brought to the necessity Of showing the previ-
GUS consent of the Spanish government to his
exercising rights of sovereignty within the
Spaniah territory, In order to save his own
neck. This may yet lead to serious diplomatic
complications; and hence, probably, the
reason for the outcry which the Span
ish organs are making, and their call
upon the Powers of Western Europe
to put a straight jacket on the Young
Giant of the West. The Western Powers
of Europe can present their claims
in behalf of Marin as soon as they please; and
they can do 80, moreover, with the full convic-
ton that if after fair trial, he is sentenced as
pirate, he will be hung as a pirate. The
French commander at Vera Cruz undertook to
interfere with impertinent letters to Commo-
dore Jarvis, and he got the reply he deserved.
The Spanish commander there acted little
more discreeNy. When he wished to protest
against the capture he was told he could do so;
but after iDquiring into the circumstances, he
concluded it was best not to protest at all He
had inquired into the character of the ships,
sending boat on board Of them some time be-
fore the occurrence with the Saratoga and
probably was well informed thereon. 1t will
be seen, therefore, that Commodore Jarvis and
Commodore Turner have done their duty and
nothing but their duty, and they should be sus.
tanned therein, without reference to party poll
tics Or partisan aspirations.
The SERMON TO THIEVES AND PROSTITUTES
APATHY OF THE GOVERNING CLAssEs.-Accord-
ing to previous announcement the Rev. Mr..
Corbit delivered his sermon, which was espe-
cially intended for the abandoned of both
sexes, at the Greene street Methodist Episcopal
church, on Sunday evening. With only few
exceptions, and those Of the gentler sex, the
governing classes paid no heed to the reverend
gentleman's invitation. The church was quite
filled with sinners who are not known pro-
fessiopally to the detective police. a cir