The Sumter banner. [volume] (Sumterville, S.C.) 1846-1855, 1850-08-07
Fromthe london Times, 10th inst.
United Statcs and Po,-tppal

quence of tho mode of proceeding recently
employed by Lord PaImerston TO enforce
certain Claims against the Greek govern
ment;, TINT innumerable other claims, moi
moro doubtful in principle or exaggerated
in amount than those of Don Pacfico, have
started into life, and that other States have
been encouraged to resort to proceedings
which the late example of England forbids
the British government to condemn. The
case of the American claims on Portugal,
which has already boen made the subject of
a peremptory ultimatum, backed by the pre-
sence of aDagal squadron, is startling in
stance of the facility with which such pre-.
cedents are followed; for not many years
ago late American Secretary OF State had
himself declared to the claimants, that ar.
guments and importantly having been ex-
hausted, ths, American Government could
see nothing in the circumstances to justify
or warrant it in having recoursc to any 9TH
er weapons" Subsequently to the intcli-
gcnce eofNIr.Wyse's demands on the Greek
government having reached Washington, il
would seem that General Taylor and his
Cabinet have renounced this forbearance,
and LisbonSis accordingly menaccd after
the eXampletof the Pirnus.
1t is curious coincidence that the Por
tuguese government should have played an
Indirect part in the principal question at
Athens as the original debtor of Paciico,
and that, it should now be held liable to the
American Government for damages occas-
Toned by the forces of another power over
which it had no control. But the latter
case is, ifpossiblc, more monstrous and en-
iravagant than that with which we have re-
Gently had occasion to deal. On the 2Gth
oi September, 1914, during the last war be-
tween Great Britain and the United States,
an American armed privatcer, the General
Armstrong" Captain Reid commanding,
entered the neutral Portuguese harbor OF
Fayal to water. She was followed, though
not actually chased, by the British vessels
OF war Plantagenet, "a; Rota, 80, aud the
Carnaton brig, and Captain Reid ordered
his vessel to be warped in shore under the
guns OF the castle for safety. In the course
OF The evening violation of the neutrality
OF the port OF Fayal undoubtedly occurred
The American captain sworc that four
armed boats from the British vessels were
approaching his ship, and admits that he,
suspcctng their intentions, warned them
off and then fired upon them. killing and
wounding some of their men The boats
were said to have returned the fire with
effect, Qhough that assertion wns contra
dcted, as in fact they were not armed at ALL
but subsequently wore off TO the shps,
whence they returned at mid.nght with
powerful reinforcement, and severe ac
tion ensued, in which the General Arm.
strong" was at length captured and de.
stroycd by the British. So that even by
this American version OF the story. it was
Captain Reid who first violated the neutral.
ity of theport. The affidavit of the British
officer shows, however, that the boat fired
upon by the Americans was unarmcd, and
was sent in merely to make inquiries, in
spite, Of which it was brutaly attacked by
Captain Rcid's orders. However this ,nav
be, like many similar occurrences in the
heat and chances of war, the ensuing treatv
Eofpeace put an end to all discussion as be.
s#eenTthe belligerent powers, but it is not
a2l.ttle unjust that thirty-six years after.
wards such "a case as this should DO made a
ground OF complaint and hostility against
the neutral. The Americans aiiege that
the Portuguese Governor ought to have as
sorted and enforced the neutrality of the
harbor of Fayal, although he had bu, one
hundred infantry and eight artillery men in
castle with ruined deienccs; and that, as
the Governor of Fayal failed to give to the
American privatcer the protection of ncu.
trail harbor, Portugal must pay for the de-
structlon OF that vessel a sum which, ac.
cording to the Pacific scale of calculation,
is inodestly laid at 20O,S00 dollars.
There undoubtedly was in this case
violation OF neutrality, though 1t is disputed
whether that violation was first committed
by the British boats under Lieut.. Fawcc,t
orhy the American privatecr in the harbor
But i is principle of the law of nations, as
laid down by Sir William Scott, (ihe Eli.un
1 Dodson, 2i4.) that "whcre violation OF
neutral territory takes place. that country
alone whose tranquility has been disturbed
possesses the right of demanding rcpara,ion
for the injury which she has sustained, and
The enemy whose property has been cap
turcd cannot himself give the claim, but
must resort to The neutral for his remedy"
bnt II an illegal capture or attack has been
hiade 1T neutral waters, giving the aggricv-
cd party THIS aforementioned species of re-
medy agalnst the neutral, il follows that the
neutral has, jortiori, claim for reparation
against the State which has abused its pro-
lection or violated its rights. The Govern
or OF Faynl did not acquicscc in The attack
on the American vessel, though he was dis.
tinctly informed by the commander Of the
BrltIsh forces that the neutrality Of the port
could no longer be respected, since the un-
provoked attack of the American schooner
on the British boats but if the British olli-
Ger who undertook under these circun,.
Stances to avenge that attack, even a, the
risk OF 4 breach of neutrality, was justified
in such proceeding-as we think upon
evidence that lie vast would seem 70 be
wholly Inconsistent with the law OF nations
md with our peculiar anty with Portugal,
that she should now be held responsible by
the United States for an act Of British
squadron which she had not the power to
prevent; and as this occurrence was entire.
ly caused either by the rashncss or hos
filtys ol the Americans themselves. as an.
pears by their own statement, or by the ne
cessary measures taken 10y Capt. LIovd,
who commanded the British ship Planlap
enot. justice requires either that the Gov.
erninent OF the United States should desist
from such claim, as Mr. Secretary Tn
shur had actually done in 1914, or that
+ Great Britain should bear Portugal harm
less for damages committed, and righ,iuly
committed, by ourselves. The revival of