New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1895-03-18

am, ,% 'nGrsn cam supply the place OF .hr
kndergarien Offers IN, r o foreign blood and
.onpue Its influence cannot be neasuIeu. ~ ~
lands of these little ones OF pIverH'fa 6sVEN0R.
"%ow-York. March II. 1895
SECRETARY GREsHAMs STRANGE ADVICE
,r 1.rcrD THE SURRENDER Of PRINCIPLES
THAT TIE GREATEST AMERICAN DIPLOMATS
HAVE t;xCEAsINGLY UPHELD
To the Editor Of The Tribune
Sir In your edition or Wedheauh!' "''''
the Secretary OF State. Mr. Gresnam ~ repoi .,u
"a saying: That whatever may turn out ,o w 'l'
foc,s ir regard :, the firing by a spanish war
veescl on an American merchantman IL wouu nav
,oo, v,ieer nerhaps had Captain Crossman move 10
and nornitted the spanard to make such inquiries
"a TO the character and mission OF me >i'"'"''"
no might think necessary. Such course "o''u
no. have essencd the rights OF the Aiiidnca "''e'
the law and would nave detained hei NV 49,, ,sor
time The Secretary says that it IA generaiy st'er
.- merchant ships 10 act thus under the conditions
49, ronortel and subsequently to make complaint
COR darnar,s or such redress as may ne o'e"e' "P
proprate." ,, i,.o,
As this advice Of Mr. Gresham IL appareh'E sN'"
IN view no. only of this occurrence ou' s.So Vi S"'
lor occurrences that may arise In the fn''re' anu
mo-, n. understood az addressed generally TO o'r
,,ercb,pt marine II is deserving OF carefui con-
sheraton IL the light OF principle ana a".no,.' S
indeed # NAV 10 taken the Secretarys ahs"ei
., contain Cr,s=man's inquiry addressed 10 that
official as 10 whether The Spaniafu n"u any '""
TO compel me TO heave 10? ..u,.. -
,rt lever of Mr. Gresham will he surprise 10
e,,5ents Of international law. az well as 10 s'u'"s
mariners like Captain Crossman. II mas al cHS'
one merit 10 commend II to me a'fh'o" VI ~,
c,a.ses-i, is absolutely and undenhbIy novel
koerness Of this pleasure Is duiled' ho"e'e.' ~ ~
eo,,orc,, with which the author OF the doctrine mas
-cit.z
q, tho realuns Of international law we may ''e'e
forc proceel without undue excitement " al "a
animation OF the official deliverance.
=, ,hore is one principle OF International law
which r,orc than another the United States as 'he
Great neutral nation OF the modern world mas "'F'"
.,. and consistently con,ended FOR. II is that no
,,ercbon, vessel can. in times ~ peace no Nsi''i
or searched on the high s"as ny an ARM" 49,
or another nation Fer over ffiy years me '"'e"
states was engaged in vigorous ana aH"os' cur
,inuous correspondence with Great br''ai" uP''
question The most eminent predecessors OF MI
,..,sho,n whose learning and experience were NJ
,oas, o,,,al f. his own laid Il down In the most
on,nbatic and unequiyocal terms tha' 10 SUI"
right exists and that the United states "on'p
resist TO the ut,ermoSt any a''en'pt V"
part Of any nation 10 exercise SUE" nl
,orded right as against any American N'SSe
~, evan for thc abolition Of the slave trade an
,,,,. corcododlv rraiseworthy in itself WOULD the
rnf,od States admit the existence or such ''e"'
mr. suffer the power 10 be exercised eNcep' "''N'
tho sanction Of express treaty supulatioHS' ''
vas the principle commended for by ADAMS
.or Marcy Cass Fish. Evarts and other AmeH-
can statesmen VINO nave H'iu "' P
tary Of State. s,.
Nor dld any ~ these eminent diplomats aohi'.
f. an instant any distinction between the 'ight Oh
visit ana the right OF search. me Two arc ~
separable the term visit and search oe'"s W..
,rdnrs,ood nhraee Of international law. equValeh'
ant
and senifying an invasion Of the personal secu,"S
, , ,,oesol Such personal security IL HNIoido''
,~1 ia invasion can be justified only IN Times "
war when one belligerent invades II 10 pr CIV
commercial dealings with the other oeihR''e"' -,
n prevent the delivery Of contraoand oI Wal -
MOST that wac ever conceded IN times OF peaVe
49, fh, ~ onnroach to ascertain the natohal
,.a- - Tho vessel and prevent piracy. But
o, &C 70 the exercise Of this latter right We nave
,he bigh authority OF the Supreme Court Oh ,'t
1-nitod states in fat contradiction 10 'he n's"
authority of Mr.. Gresham that 1t vs. not 'nt "u.S
~ the vessel approached TO lie pS anu a"d1 "
on,roaon Of the armed visitor. In the mar
Flora 0l Wheatons Reports. PIP A--fp' INC '''
says 49,. m chin is
,,1er onv circumstances bound to lie by or "Al'
the approach OF any other ship she Is a. iul -,
,r.,, n nurslIe her voyage in her own way anu "
use all necessary precautions to aVori any
ps.1C q,
This however. is not the first time '"a' ~
h. to,r . sertous difference OF OPINION po'"0e"
Iudae Gresham and the supreme No"i' VI
United states We may be pardoned perhaps -
under all the circumstances. We prefer 70 du"'-e
TO the opinion OF the latter, as a sohe"h"' '"o'
PEN Wnbster also in his official correspondence,
maintained the doctrine as iau uWoaitb ~ learn
iug that have not been surpassed ~ hni ~ III.
nuent discussions OF the question; i ,s7s'
~ nj
disres t6af the views of Mr.. Webster on TINS
question fully sustained by me oe Vr Wbeaion'
IN his ESSAY on Visitation and Search dStD. de-
nonstratcs conclusyey on prhc dPse ana anV nne 10
show single passage OF any - nv no,ri nv
on pno Ma law w o adminstered either in Europe
or America which will justify the exercise o. suci
des' ,S Sn opnion Of Lord s,owe the greatest
English Admiralty Judge. 70 the enec. tnst no y
aninoi or nterrnption over the vessels and navi
/ Gallon of other States on the high seas, except
what the right o; war gives to beisereh's against
There is no pretence that state OF war exists
between Spain and cuba which would justify the
exercise OF beigerent rights. There Is no pretence
that the Alliance was pirate. or was suspected
o. ep pg,f 10 conceal her nationality on con
trary she observed the courtesies or ne sea sal
ued the spanish war vessel ana received me proper
recognition OF such salute. To suggest thai under
/ such circumstances she was bound TO lie by and
au.ait the approach of tn" spanish vessel. much
less TO submit to visit and search. Is TO exhibit
either profound disregard or American pIt''leutS
and The established principles OF Internal ona law
or a lamchtable ignorance OF such precedents and
principles. .
In what respect. then would Ii have beer wiser
or safer for the Alanca 10 heaVe 10 ana SUB
Ini to such Inquiries the Spaniard might
think necessary? II the Spaniard had no right TO
make such inquiries lnote the euphemistic apo
ogy for the Spaniards three solid shots. wherein
lies the wisdom safety of submitting TO the
indignity? Il hghwayman Is firing solid shot in
tie rear OF a lawful traveller is II wiser ard
safer for the latter 10 "heave to- until the kiGh
/ v1Vman comes within easy range or 10 maintain
/ the advantace which distance and speed afford him
Even IL the learned Secretary Is putting the matte,
as one of expcdency ant no; OF law. the average
J common-scns Of the world refutes his counsel.
/ The conclusion of the whole matter Is simply
This. The Spaniard had right to visit and search
10 interrupt or TO interrogate the AllianCa. Thi.
+ hcing So tho AlLanca had right To escape wish
ana search interruption interrogation. This sh,
/ dfd successfully. And still Mr.. Gresham thinks il
| ,,nnld IaNn hcen "Msor' and "safrr.' fnr her .