The daily union. [volume] (Washington [D.C.]) 1845-1857, 1854-05-06

THE RIGHTS or WAR AND PEACE.


work on The Rights Of War and Peace which in fact
comprehend ali the relations in which civilized nations
stand 70 each other, thus defines international law
The common right is the right Of nations which deriy
ed It's authority from the unanimous appreciation Of all or
at least OF many nations | said many nations because
there scarcely any right except that Nature which n
also called the right Of nations all nations
Nay that which Il repued the right the law OF nations
ia one part OF the world Is not SO Ia another
This Is undoubtedly true The present European code
OF international law not Of universal application Ii has
been voluntarily adopted by the nations of the East
and wherever il prevails in that quarter has been imposed
by conquest by force That portion which specially
relates 10 the high originated in the arrogant claims
and pretensons of England adapted 10 her pecu
liar interests and imposed weaker nations which were
compelled TO aequiesee In its first institution il little
better than the right of the strongest and in all the mod
feaons has since undergone 1t has invariably become
and favorable to those great gerent powers
which, either individually by combination strong
enough to their weaker less warlkc neghbor
into submission Maritime international law has been sub
eced TO various changes sometimes by treaties between
nations sufficiently powerful to force weaker into ac
quescence sometimes by the trident of Neptune being
transferred from nation to another and sometimes by
and powerful nations growing up subsequently, TO the
adoption Of the system and asserting their right to voice
in the establishment OF those laws BY which they be
governeda right directly originating the law Of Nature
which is the only legitimate foundation Of international
law.
The New World had voice agency in framing the
present maritime CODE and the United States never
recognised certain of its principles in which many other
nations differently situated and constituted different
maxims Of government nnwilingly acquiesccd because
they could offer eecua resistance If therefore they
should at any time find the application of these principles
operating exclusively the prejudice of their most import
ant interests the violation of what they hold be their
most important rights there just question
their natural naienable right to insist change when
they feel themselves strong enough maintain their
position.
Neither Great Britain France both combined have
more right to make international than municipal laws
for America ASIA long either maintans its indie
pendence Their interests if not antagonstcal at
least in many respects widely dercnt and with regard
the United States most especially it is obvious the
very nature of their and institutions there are
certain principles Of the old international code in which
they acquesce any longer than the period when
they successfully resist them.
Such is the pretended at least doubtful right Of
searching all neutral vessels the high for bege
rent property and such the pretended right Of mpressng
naturazed seamen, which has lately been indirectly
toned by decision of the Vice Chancellor Of England
who has become the great arber Of the issues BE-
tween independent nations That decision if submitted to
by the United States will large portion Of their
citizens native well naturazed into subjects OF Eng
land not only liable TO be impressed the high
TO be hanged for treason when detected the performance
Of their duties to their adopted countrys To the prac
cal application Of such dogma Of international law the
United States submit moment longer than they
compelled to do so by the consciousness of their
pacy to resist these obsolete pretensions They
consent TO hold portion Of their most important rights
subject to the decisions of Of admiralty, directed
by an order in council dependant Vice Chancellor
1 dictum of Doctor Philemon Sir William Scott
the will and pleasure Of foreign potentate II they
to be governed by the law Of nations they must in f
ture have agency in framing that code.
This claim to hereditary and perpetual allegiance may be
law for England but it is not law for the United States
They not subject the jurisdiction Of the Vice Chan
collie. rngianu IL IotuIIy forever inadmsibk
by them principle of international law. The subjects
of Great Britain pouring into this country by hundreds
of thousands and millions of the posterity Of emiganu
from the United Kingdom to be found among our
tve-born citizens. All these il seems are still subjects
England owing allegiance to its sovereign and conse
quenty beyond the protection Of the United States The
subjects of England, wherever they may be are il seems
hereditary subjects the children of African slaves arr
hereditary slaves. They may be ground the dus,
home by incessan rewarded labor but thcy may not 20
abroad TO better their condition The tender aiecona,s
mother cannot part with her offspring and like the CHI
dren of Saturn, they must remain If only edevoure
is morally impossible that such preenson be
enforced this great confederation II 1t ever was right
II has now become wrong and must and will be resisted
The United States are members of the great part
OF associated under The common compact
of international law They had nothing to do in framing
the articles originally, and in with protest againa
some of them They have become one of the leading
commercial powers of the world and have now q fair
claim to have something say in regulating the terms
the compact by which they to be governed in future
Their geographical position their political system and The
great maxims which il is founded are widely dsereni
from other nations which the original parties to h
compact and it is every day becoming evident ea
that they Accommodate themselves ther laws and
their institutions to the international code OF nation
that the code must accommodate itself to them shou
neither of these be the the only alternative will be
dissolve partnership and set up for themselves One
other must gradually take place distant period since
il not 10 be presumed that nation standing in the 6
rank ocxstnR powcrhe giant Of the rcicn-ieague boot
whose every step covers State two. and whose
sources are multiplying in geometrca progressioni
not say TO be presumed that power circumstance
separated by thousands OF miles from the Of Euro
pean strife and ambition and desirous OF peace viii per
init itself 10 be forced into the Of strife by the app
cation Of principles Of international law which It
recognised, and has constantly opposed.
The rights OF peace have hitherto been sacrificed al he
bloody shrine Of the rights Of war which are in fact ,
more than those Of great bully armed with cudge and
knocking down and robbing every deienccss person that
falls in his way !, high time that the code Of man
time law should be modified render Il the interest
OF nations 10 be at peace and protect them in al Their
peacesbe occupations, by well land This not
to be accomplished by England and France merely waving
or posponng the exercise Of certain disputed rights boz
by their formal REIMBURSEMENT for all future time To
United States, while they do not aspire give can 20