Evening star. [volume] (Washington, D.C.) 1854-1972, 1895-03-14
THE LAW IN THE CASE
Attorney General stanton's Opinion on the
Right of Search.
The Only Point in the Allinnca Case
Being Whether She Was on
the High Sens.

State Department officials and Senor
Muragua the Spanish minister have COM
pared notes on the law applicable to the
firing of the Spanish gunboat on the Amer
ican ship Allianca. They find that the
Department of Justice has already specit-
cally ruled on the right of warship un-
der certain circumstances to fire blank
cartridges and then solid shot across the
bows of a merchant ship in order to COM
mand halt.
The opinion was rendered by. Attorney
General Edwin NJ. Stanton, on July 2S, 1850.
and is contained in the digest of Attorney
Generals opinions. page 243. paragraphs 33
to 3D. inclusive, as follows:
Mr.. Stnnton's Opinion.
''33. A cruiser of one nation has right
to know the national character of any
strange ship she may meet at sea; but the
right is not perfect one, and the viola
tion of it cannot be punished by capture
and condemnation, nor even by detention.
"34. The party making the inquiry must
raise his own colors, or i'll some other way
make himself known before he can law
fully demand such knowledge from the
other vessel.
..35. If this is refused the inQuiring YES
sci may fire blank shot, and in case OF
further delay a shotted gun may be fired
across the bows of the delinquent.
''36. Any measure beyond this which the
commander of ar armed ship may take Tor
the purpose of ascertaining the nationality
of another vessel must be al his peril.
''31. This right of inquiry can be eSer-
cised only on the high seas, and no naval
officer has the right TO go into the harbor
Of a nation with which his government is
at peace to inquire into the nationality OF
a vessel which is lying there.
The foregoing applies to the high seas.
there being no question as to the right OF
detention if the Allianca was INSIDE Cuban
1,t- in fhn O-
ment of Senor Muragua. that the 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 further delay a shotted gun may be
fired across the bows of the delinquent"
This still leaves open the question wheth-
er the Spanish ship fired the shotted gun
across the bows" of the Allianca, or di-
rectly at her. Capt. Crossman of the
American ship contends that the shots We're
fired to hit. The Spanish captain is yet to
be heard from on this point.
One Opinion Expressed.
One of the most eminent authorities in
the country the right of maritime seiz-
ure said today: circumstances differ so
in every case that detention or seizure is
largely at the peril of the one who at
tempts it. If it results in the apprehension
of pirate contraband ship then the
seizure is justified. but if the detained YES
sci proves to be a merchantman on law
full mission then the detention is unjustified
and an apology must be made for the mis-
take. If I saw a suspicious craft on the
high seas / would stop her and assume the
peril of that act, prepared to make an
apology If l was mistaken in her ezra I'D.
1t is the same rule as that governing police
men in arresting a suspected felon. If the
latter proves to be felon then the police
man is right. but if the arrested party
proves to be innocent then the policeman
is wrong. II seems to me that the Spanish
commander did what was right in trying
to stop the Allianca, but as he took the
peril and made mistake, the only thing
for Spain to do is to apologize"