The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1869-04-16

We can find but one explanation for the
VIGOROUSLY unwarranted proceedings of the
Spanish cruisers in the neighboring waters of
the island of Cuba. The seizure of the
American brig Mary Lowell, while lying at
Ragged Island in charge Of the English
customs officers the landing of an armed
force on the British territory of Stirrup Key
in pursuit of the crew of the steamer Comandi-
tario the capture of the British schooner JEFF
Davis while at sea, and the shooting Of two of
her passengers the seizing of two passengers
on board the American schooner Lizzie Major,
while many leagues from shore, and taking
them as prisoners to Caibarien, perhaps to be
executed without trial and the final decision
of the Spanish Admiralty Court in Havana,
reported to-day in our telegraphic columns,
that the brig Mary Lowell is legal prize, are
all such fragrant violations of the law of
nations that they can have but one interpreta-
ton, and that is that they are parts of a medi-
tated design, the object of which has not been
made apparent.
The Spanish naval officers are, in general,
we'll educated men, and are far from being 80
ignorant of military and naval law as the
commission of these acts would seem to indi-
cate. But even if those holding subordinate
grades are not versed in international
law their superior officers are not
only we'll read and apt in the use
of its dusty tones, but in the organization OF
the military and naval bureaus in Cuba ample
provision is made for the constant Intervention
of competent legal skill in their proceedings.
The plea of ignorance is therefore inadmis
sible, and some other reason for these fragrant
outrages must be found. To our mind this
exists in the conviction on the part of the
Spanish authorities that they are incompetent
to put down the existing revolution in Cuba,
and that the best solution for their difficulties
is to so complicate the matter with neighbor-
ing Powers as to bring forcible Intervention
and thus save the honor of Spain. 1t would
be dishonor to be whipped by Cuba unaided !;
but to give up Cuba under complicated
pressure from the United States and England
would not incur that stigma and would leave
open the claim for remuneration, as intimated
recently by our Madrid correspondent.
But whatever may be the motive of the
Spanish officers in committing these outrages,
the safety and integrity of the American flag
upon the high seas and in the ports of o
friendly nation must be secured. Mr.. Fish
may entertain grave fears that a course of
proper self-respect on our part will involve us
in unpleasant relations with England, France
and Spain; but the American people entertain
no such tremors. They, on the other hand,
have pretty thorough conviction that it is
time our government did something effective
towards making the Stars and Stripes safe
flag upon the ocean, as it was in the days of
yore. No principles of maritime law are
more clear or more universally admitted
than that of the national jurisdiction
extending to the distance of one marine league
from the shore, and that when ship is at sea
forms part of the territory Of the nation
whose flag she bears. These uudoubted prin-
ciples of maritime law cover all the cases we
have cited above, and leave no doubt as to the
course that should be pursued.
Action, and not discussion, is the only safe
ton. Admiral Porter will give him much
better ADVICE than NJ, Hamilton Fish, with
his admitted fears; and as the facts Of the case
of the Mary Lowell have been already placed
before the government we look for no delay.
! She is an American vessel, was seized in
British waters, had not been near Cuba, and
there can be no possible claim that she is sub
! iect to Spanish jurisdiction. Events are
crowding on the administration of Genera
Grant, and he must meet them with vlgor OF
be overwhelmed. By all means let these ques
tons be submitted Cor negotiation to the Navy
Department, and let .dmlr" ror'er "
direct,ed to give the reasons if tn. are waived
Npuu CABINET -procoauor