The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1895-03-15

WAsnISGros. D. G., March 1l.-Stato
department officials and Scnor Muragua,
tho Spanish minister, have compared
notes on tho law applicable TO tho firing
OF tho Spanish gunboat on the Amcr!.
can ship Alianca. They fud that tho
department OF justice has already apo.
officially ruled OH tho right OF n warship
under certain circumstances to fro
blank cartridges and then solid shot
across tho bows OF merchant ship in
order to command halt.
Tho opinion was rendered by Attor.
noy General Jeremiah Black on July
2S, 1860, and is contained In tho digest
OF attorney generals opinions, page 240,
paragraphs SO 10 81 inclusive. as follows:
33-A cruiser Of one nation has n
right to know tho national character OF
aay strange ship shc may meet at sea !:
but the right ia not n perfect one. and
the violation OF 1t cannot be punished
by capture and condemnation, nor even
by detention.
34-The party making tho inquiry
must raise his own colors, or In some
other wny make himself known before
he can lawfully demand such knowledge
from the other vessel.
3j-lt this is refused, tho inquiring
vessel may fire q blank shot, and in
case OF further delay o shotted gun may
be fred across the bows OF tho delin.
quent.
36-Any measure beyond this which
tho commando. oi an armed ship may
take for the purpose OF ascersaining the
nationality OF another vessel must be at
hislown peril.
81. This right OF inquiry eau be exer-
cised only on the high seas, and no ma.
val officer bas the right 10 90 into tho
hnrbor OF nation with which his gov
ernment IL at peace to inquire into tho
nationality OF q vessel which is lying
there.
Tho foregoing applies to the high
seas. there being no question as 10 tho
right OF detention II the Allinnca was in
side Cuban waters. From this it ap-
pears, in the Judgment Of Senior Mura.
qua, tina. this Spanish warship kept
within the strict letter OF the law as laid
down by the United States. first, in
raising her own colors. and second. in
firing blank shot, and in case Of fur
thcr delay sho!;cd gun may be lrcd
across the bows OF tho delinquent.
This still leaves open tho question
whether the Spanish ship fired the
sho,icd gun across tho bows" OF tho
Allianca or directly at her. Captain
Crossmau, OF the American ship, con.
tends that the shots were fired to hit
The Spanish captain is yet TO be heard
from on this point,
Ono OF the most emincnt Ruthoritics
in the country on the right OF maritime
seizure said to-day:
circumstances differ so in every
case that detention or seizure is large
ly at tho peril Of tho ono who attempts
it. lit results in tho apprehension OF
pirate or contraband ship then the
seizure 10 justified, but II tho detained
vessc! proves 10 be merchantman on
lawful mission then the detention is
unju,titied and an apology must be
mndc for the mistake. II I saw n sus-
picious craft on tho high seas l would
stop her and assume tho porii OF that
act. prepared to mako m apology ii l
was mistaken in hor occupation. 1t is
the samo rulo as that governing police.
men in nrresting suspected fclon. II
tho latter proves to be folon then tho
policeman is right. but il the arrested
party proves TO be innocent then the
policeman 10 wrong. It seems to mo
that tho Spanish commander did what
was right to stop tho Alliance, but rs
he took hc-pcri and made mistake,
the only thing ior Spain to do is to apol-
-.