The Washington union. [volume] (City of Washington [D.C.]) 1857-1859, 1858-12-23
TAKING CUBA BY ATTACHMENT SPAIN AN ALB
SENT AND FRAUDULENT DEBTOR.

attachment against Spain as an absent absconding,
fraudulent debtor, We have long account
against Spain, contracted under aggravated circum-
stances, and sufficient time bes elapsed 20 show that
she is utterly indifferent alike 10 the obligations she
has incurred and to the very offensive events OF helr
origin There IS more IN l'iis sn'Jeei man appears
upon the surface. SPAN Is largely indebted " our
citizens Her agents nave commuea many grave
ounages upon thfm nave sacfihcea their properly,
and, In numerous instances when they nave peeh
araigned by spanish tribunals ana on hhai decision
pronounced innocent, ihey have beeh charged win
enormous court expenses, ana heid IN prison I'LL they
were PAID Ia niue cases ont OF ten our claims aSais
Spain have arisen irom tortons Illegal, and unJus-
liable acts on her part. ihey are nearly all iouhu-
ed on some clear violations OF law. Between midi
vduais such trcspassers are hed 10 closer account
and more rigd practice prevails N bringing iheh 10
Judgment. we are mol about 10 contend tiat SPAN
should be treated as an absent dehiof, ana her ell
fects seized IN attachment 70 satisfy our CLAIMS nor
are we prepared 70 MAINTAIN 'hat the evidence Is
sufficient that she Is concealhg Ter property win
view OF defrauding her creditors though on the lat
ter point we are satisfied the case Is by no means
clear. Sac has threatened more Than once to de-
stroy her elects she has not only neglected and
refused to pay us what ID justly ours but has de-
clared again and again that if we should undertake
to seize upon her estates she would devastate and
render them vaueless IN Our hands IL 10 not easy
to see the distinction between removing or secret
ing property with view to deiraud creditors, and
destroying IL with the same purpose. The effect is
the same upon the parties who are seeking justice and
1t Is wholly immaterial how the case bears upon
those who are doing all IN their power to defeat
II. But It may be said that nations are unlike III
divlduals--that they should not be treated as re-
sponsbe to the rules that govern the latter under
the civil administration Of State that with respect
to them there is no difference between a torous act
by which citizen subject Of another shall suffer,
and simple failure to meet an obligation to pay
money or to do something else. We are by no means
ready 10 endorse any such doctrine. Every trans.
action and every act OF nation shonld be judged
according to its character If it he ortious the Of
fender should be punished, and made 10 pay
exemplary damages. If they stand out or delay be
yond reasonable time for adjustment the aggrieyed
party should have his option TO proceed directly
against the offending party or against his effects.
We would not he understood as claiming that il
is the duty Of governments to enforce the obliga
tons Of their citizens subjects in all against
other governments Lord Pamerston, we believe
announced this doctrine few years ago, and pro
posed for the benefit Of British subjects, to apply
it to Spain; but the latter subsequently made
some arrangement with his lordship which obviated
the necessity Of its enforcement, or at least afford
ed him opportunity to recede from his position
is very questionable indeed, ii the smaller States
of the world could maintain themselves under
rule rigid and effective England and France with
powerful nayies and large standing armies, would
have obvious advantages over all the weaker powers
especially on this continents and they might lind
very plausible grounds for intervention too in
iitical affairs if it were once fully established On
the other hand, such principle if adopted by
the nations and made applicable only TO The III,
tufe, would induce circumspechon, economy, and
perhaps integrity, by widening accountability ana
snlarging pracncai remedies' As me law now
stands, individuals who contract win foreign gov
eminent, take the whole responsibility OF ITS good
faith and ability to meet It's ophgauohs, indeed,
nearly all transactions Of inc R'hu are not o"y Dased
npon the Standing OF the governments put rates are
nxed win dstict reference 10 '"e'r power ano o's