The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1869-04-24

language on similar occasion, de.
claring that the deck of an Ameri-
can vessel. on the open seas is
American territory, has become pro-
verbal, and it applies to this case.
Every person on board was under the
protection of the American flag and
laws, with the entire resources of our
government pledged to their security.
The presidents bearing upon the case,
and the"law under which they were es.
tablished, were thoroughly discussed in
1861, between the foreign departments
OF our own and the British Govern
ment. Mason and Slidell were notori'
ously rebel ENJOYS. They had taken
passage in the Trent under the British
flag, TO prosecute their mission. They
were captured by Capt. Wilkes, Of the
San Jacinto. After long correspon-
dence, they were surrendered. France
Joined England in declaring the cap
ture unwarranted. Secretary Seward
assented that the American doctrine
pronounced the flag of neutrals inviola-
BILE, and while showing that Brit
| ish practice had been to the con-
trary, he drew that Government
to the recognition of neutral rights
which we had long been con-
tending for. The Trent affair settled
I definitely international Law upon the
! subject. As we surrendered the most
mischievous OF rebs4s, captured by US
under a neutral flag, so we are bound
when our own neutral rights are in
1o1 toiV
Our vessels are beginning again to ap-.
I pear upon the seas. we are trying to
recover something of our lost COM
merce. We can do nothing unless our
flag is proved TO be inviolabIe. No
matter how small the vessel, no matter
OF how little account to individuals, the
boat that bears the stars and stripes,
and the human beings who trust to
those coIors, must be safe from harm
or interference. Nothing else can COM
port with our interests or our honor.
Our Government can do no less
than to demand the prompt re-
turn of these passengers. Present
ing the demand with courtesy, we must
enforce it with firmness. 1t is a case in
which no doubt can exist. And should
Spain be so insane as to refuse to re-
cognize the wrong, and to make proper
reparati0n, no course would remain
open to US other than to recover the
persons so kidnapped wherever found
at any hazard, or to compel by ade-
quato military and naval force. II
prompt PREPARATION.
THIS case calmly presented 10 The
| Spanish government need breed no diff
ticulty. Spain need feel no hesitation
in following the precedent set by US in
yielding up Mason and SIdell. They
had sailed from Cuba. The parallel
comes therefore directly home TO
the present instance. 1t can not
we'll be that Spain with the Trent
affair before its eyes, will refuse
the proper reparation for the outrage to
the Lizzie Major. Mr.. Fish is reported
as having made a demand upon the
Spanish Minister for prompt and COM
plete relaratiOn the prisoners to be
restored and indemnity to be paiG for
the damages to them and to the schoo-
ner. This demand has heen referred by
the Spanish authorities in Cuba to the
home government SO that q reply can.
not be Immediately returned.
The case of the Mary Lowell is differ
ent and more complicated. The United
States brig Mary Lowell when in British
waters, that is, within II marine league
OF one OF the Bahama Islands, and
while in possession of British revenue
officers, with the seal of the British
Customs on her matches, was seiz-
ed by Spanish frigate as IL Cuban
privateer. She was held in defiance of
both the American and British flags and
has been condemned as privateer by
Spanish admiralty court. 1t Is very
possible there was ground to suspect
her Oi being such. AS far as the facts
are known. however, the capture is be-
lieved 10 have been in violation of a
principle usually recognized in inter-
national law. As the seizure occurred
in British waters, that government must
explain why they did not protect our
flag. An official demand on the Eng
| lish Government for explanation was
made some days ago, and Mr.. Fish is re-
ported rs declaring that the United
States will demand reparat;on at the
hands of Great Britain. She Is respon-
sible to us and can divide the RESPONSE
bility with Spain as they may agree.
~S~