The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1850-07-22

X. Q. Sec, Philadelphia. james NJ. Drake,New orb
g: Guth, New Orleans. Capt. G. Ulbrick, New Or
VIM. Kent, New York. leans
James A. Wright, Phila- vcter Burthe, New Or.
delphia. leans
9. z. King, Boston. John D. simphor, New
l.. Myers, New York. Mp. Bailey, westchester
U. Stranton New Or DR. q. Sumner, Hartford
A. Ripka, Philadelphia. Thomas Nesmith, New
I. Murdoch Baltimore. York.
VIM. J. Burlington, John Eaton, New Orleans
Charleston: s. Abbott Lawrence, Bos
". Pesroe, Providence Robert Bull, Hartford
s. NJ. Farlapd, Boston. q Hoyt New York
A. Brady New York VIM. Greene. New York
W. ii. Letchford New Or ii. Emburg. Brooklyn.
leans S.A. Willoughby Brook
J. III Stauher, New Orleans. lyn.
Sam. +. Butterworth, New VIM baltimore, Erie, Pa.
York: James A. Raymond and
Daniel Fariand Boston lady, New York.
The Ann rican Claims on PortuVaI-The Poo
sitlOn OF England and the United States.
From the London Chronicle, July 81
In ope ming the great debate of last week, Mr.
Roebuck took occasion to inform US, with every
appearance Of high qualification, that Americ
squadron was on its way acress the Atlantic, with
orders to extort, by the blockade of the port of
Lisbon, redress for certain alleged grievances of
old standing, for which the government of Portu-
gal had rendered itself liable to subjects of the
United States. Tbs honorable and learned men,
Der had discovered in these claims Por-
tugal fecit0us parallel to our claims on Greece.
Nothing could be more pat-no illustration more
seasonable and appropriate. For our own part,
having no case to bolster up, no purpose to serve,
by hunting in the annals of diplomacy for prece-
dents OF oppression and injustice, we were inclined
TO view with less satisfaction this hostile proceed
ing by maritime power of the first class against
friendly and feeble State. So far from feeling any
disposition to share Mr.. Roebuck's glee, we regard
this disturbance of the peace and harmony of the
commonwealth of nations with regret which is
not at all diminished when, on the one hand, we
call to mind the close and intimate relations that
have ever ssbssted and still subsst between this
country and Portugal. and the other the
OF the long dormant claims which General Taylors
cabinet has thought proper to enforce, after delay
OF more than quarter OF a century. For a short
state ment Of the facts which the most important
OF these demands is based will show that, if it have
really any foundation ALL and if the forcibe pro-
secution of il be anything better than a downright
robbery, the moral and equitable liability 10 make
reparation rests not with Portugal, but with our
selves.
In the month of September six and thirty years
ago, during the war which commenced in 1912, an
American schooner, cruising under letters OF
marque in the neighborhood of the Azores, put
into the port of Fayai to replenish her supply Of
water. few hours afterwards three British men
Of war rounded the northeastern point of the har-
Dor, and anchored within il, and boat from
Of them was shortly seen rowing towards the pri-
vateer, filled, as the American captain afterwards
asserted, with armed men. He hailed the boat,
and warned her TO keep off, but the warning being,
he declares, disregarded. he fired into her, kill
ing several Of her crew, and wounding others. He
then warped his ship in Shore close under the guns
OF the castle. In the course of the night an attempt
was made To cut out the privateer by boat party
from the British squadron, and this proving
cestful, the guns Of one of the vessels, the brig
Carnaticn, were brought to bear upon her with so
much effect that, after fruitless attempt resist
snce, the crew deserted their ship, but not until
shty had partially demolished her to prevent her
fallmg into the hands Of the enemy She took fire
and was destroyed. Portugal being at that time a
neutral power, the government of the United States
claims compensation for the loss of the privateer
the large sum Of 500, 800, and this demand forms
the principal item in the list which has been pre-
senied at Lisbon by Mr.. Clay. Less peremptory
than Admiral Parker, Mr.. Clay allows tweniy.one
days for consideration, at the end Of which period
(about week from this time,) he threatens, il his
ball remains unsarsfied, TO extort the amount by
reprisals.
The general principle Of international law upon
which this claim is founded, is perfectly clear. A
capture effected by belligerent State within the
maritime territorial jurisdiction Of neutral sower,
In Illegal and void; and II is the duty of the neutral
goyefDmeBtto restore the property taken, II II be
brought into their own courts tor adjudicaon-if
not, TO prose cute claim for restitution, at the in
stance Of The injured party, in the Of the
tion 10 which the captors belong. But the jurists
Of the United States themselves acknowledge, that
in such a case, the complainant can make no claim
for damages, or for any thing more than resti-
tuition in specie Of what has been taken from him,
by the decree Of competent tribunal This IL the
principle. IL Is one which has been frequently re-
coRDised by our own courts of admiralty. We have
given up vessels taken by foreign prvateers within
-
our own ports for adjudication, and we have, in
our turn, made reparation for Captures effected by
English men o. war OIL the coasts OF neutral
power. But our jursts have shown no disposition
TO extend the doctrine beyond the limits demanded
by a due respect for the nights and duties of nep
trail State. The sanctity OF a claim Of territory"
ssid Lord Stowell, in sdJudcaiing upon claim
preferred by the Portuguese government to a Dutch
chip and cargo, which had been captured by Br-
tish vessel, during the war, IN the waters Of the
Azores the sanctliy Of claim of territory Is
undoubtedly very high. The court is at all times
very much disposeo TO pay atteotion to claims Of
The species, and to none more readily than 10 those
which concern the territorial rights Of the State OF
Portugal. When the fact u established, IL over
rules every other consideration. The capture
done away; the properly must he restored, notwith
standing that II may actually belong 10 the enemy
and II the captor should appear to have erred wi
fully and not merely through ignorance, he woul
he subject 10 further punishment. IL IL To he re
numbered, however, al the same time, that u ~
point on which foreign States extremely liibl
TO be misiniormed and abused by the interested re
presentations OF those who anxious to catch at
their protection. The claim Of territory is, there
fore, TO be taken as a matter aricti ysris, and
he made out by clear and unimpeached evidence
The protection Of neutral territory IN an excep
ton TO the general rule only u ~ not
therefore, TO be considered as dsrespectful
10 any government, that the facts on which such
claims are founded should be accurately examin-
ed" This general rule has been sometimes de-
fined aud enlarged by special treaty engage ments
between individual Ststes. Thus, by the treaty Of
1909, between Great Britain and Denmark, II was
provided that II the ships Of either Of the
contracting powers should be seized by an enemy
in the ports Of the other (being neutra) the latter
should pursue End recover the prize, but that the
ruruit should be at the expense Of the captured
chip. The United States, during the war Of i7g3,
were bound by tresties with three Of the belIige-
rent nations (France, Prussia, and Ho,land) 10
protect, by all the means in their power, the yes-
sels Of those nations within their waters, and to
recover and festore them II captured But they
4. -
Mr. Wheaton,) to make compensation n all the
means IN their power were used and failed Of effect.
In l'Sl the same government entered into a simi-
lar engagement with Great Britain, in the OF
The capture Of any British ship in American waters,
10 use its utmost endeavors to obtain from the
offending parry full and ample satisfaction for the
VESSELS SO taken, whether vessels Of war OF mer-
chant vessels"
We do not understand, however. that the cl Tim
now urged against Portugal IL founded upon any
treaty. II proceeds upon the general law Of ma
anil toh "a