The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1851-08-12

when, thus iar, nave resulted In but perplexi-
ties, vexations, and loss of time and money. Is
the Atrato, also, a mere photographic enterprise
Can the work be done. VIII it be doael VIII it
do Will 1t payl We pause for the answers to
these questions.
PoRruoAL AND THE ARMSTRONG CLAIM-Ws
publish, to-day, in another column, the statement
made by the claimants in the of the armed brig
General Armstrong against the government oil
Portugal, as fled by them in the Department OF
State Of the United States According TO the last
advces from Paris it appears that the President OF
the French republic has been elected by Portugal
as the arbitrator to decide on the justice of this
claim, which has been for so long time pending
between Portugal and the United States. The
argument. of the clai mants is sound and
very able one, and will be found highly
interesting, more especially as the case is
DOW attracting The attention of the diploma
lists of all Europe. The main question involved
is purely principle Of international law, and is
strongly sustained by all the elementary writers on
the laws of nations, that where national Pc yer
permits the violation of her territory by "a bellge
rent, who captures and destroys the property of
enemy within her ports or territory, the neutral
government is liable to the owner Of the property
for all loss thus sustained.
The capture of the private armed brig General
Armstrong, by British feet, at Fayal, one Of the
Azore islands, in September, 1914, and her tot al
destruction, during the last between the Uni
ted States and Great Britain. was one of the most
fragrant violations of the laws of neutrality ever
committed and was regarded at the tims as an out
rage on civilization. The defence made by her
gallant commander, Captain 5. Z. Reid, was one
of the most signal ever recorded in naval his
tory. The English are reported to have lost two
hundred or three hundred men, while on the part
of the Americans only four men were killed
and seven wounded. The government of Portugal,
Immediately after the affair, demanded and receiv-
ed an apology and reparation from England for the
outrage committed by her naval forces in the terri
tory of Portugal, and on her citizens, but no ndem-
pifcaton was made by England for the loss of the
American brig, although it was demanded at the
same time.
Portugal never denied her liability to this 60.
vernment until within few years; and the reason,
we presume, why she was not pushed for a settle
ment before, account of her internal revolu-
tions and the unsettled affairs of that country
When, however, peremptory demand was made
by General Taylor, she was doubtless instgated by
IuBldnu (WuO Is Ortcusioly tuc IccpohsiuAo R"iy|
to deny her liability, on the preext that the Ame-
ricans had first violated the neutrality of the port
We are informed that the British feet composed a
part of the expedition, then concentrating at ia
maca under Admiral Cochran, for the capture of
New Orleans that a small vessel or tender was re-
qured to ascend the Mississippi and other adjacent
waters, and that Captain Lloyd, the commander of
the fleet, determined the capture of the General
Armstrong fer that purpose If these are the facts,
which We have no reason to doubt, the baseness Of
the transaction is unparalleled, and stronger
claim for indemnity could not well be made out.
These fac Is are sufficient TO show the strong pre-
judice and hatred which the English government
entertains against the rights of the claimants, and
the reason why its writers and its press have not
ceased make the grossest msre presentations, on
all occasions, by distorting the facts. 1t is urged
by England that this little Yankee brig, carrying
only ninety and eight guns, first atta'ked the
British feet Of more Ii an ten times her force BY
hus became the aggressor! None but lunatic
could be capable Of making so ridiculous On aver
ment. The facts are, set forth to by reliable
authority, that As soon as the feet up to the
haIbor, which it entered for the purpose Of the cap
ture Of the brig, tn ey commenced signalling with
each other, and four large launches were hoistcd
out, and they could plainly see from the brig that
muskets were being passed into the boats, before
any recon- offering took place. The intention was
pslpable. The statements and arguments which
have characterized the British press have been
dictated by prejudice and bad temper, and every
resort has been made use of to prejudice not only
the world in regard to the facts but to sustain Por
tugal in her unjust refusal to indemnify the ella
ants, and even to prejudice the government Of the
United States and stutify its efforts in recovering
for the claimants their unioubted rights. As we
have said before, "all that we can rely upon is
this, that Louis Napoleon will be governed more
by the facts, and the Law Of nations, than by the
opinions of thc British press; and it seems to US that
their ntermeddling in the matter at this point Of
the business, Is neither necessary nor strictly
ma gnanmous."
We commend the argument Of the claimants 10
the attention Of readers; they will find it con-
elusive in favor Of the American government, and
Of the rights Of our injured citizens.
TBE BATTERY ENLARGENENr.-Ist there a law
for The enlargement Of the Battery The law wa
Tassed-the law was vetoed; yet some contend tina,
the veto nullity, and Others tina, the law vas
a dead letter without the veto. Will the two
boards take a sweat on the subject and decide the
question Of law between his Honor the Mayor and
Dir. Conklin-wbs will, probably, insist upon his
right to fill up the harbsr We have a right to
krow whether the harbor is 10 be diminished, or
the Battery is to be enlarged; or whether the city
is TO be sadd.ed with expensive lawsuit. lie not
the Mayors veto good legal Veto VIII our city
lathers be good enough to throw a little light on
the subject little gas light, IL you please
THE OXFORD BANk CASE.-THE DECISION or
JrsTIcE MorSTFoRT TO HeLD TIE DEFENDANT
TO BAu.-lt will be seen by reference 70 another
column, tha. Justice Mountfort gave his decision
yesterdsy In the oxford Bank case, in which Miles
a. Bradley, Of Cincinnati, was charged with OBJ