The Feliciana Democrat., 1859-01-08
Cbe felitiana 1emotrat.'
TAKING CUBA BY ATTACHMENT AN
ABSENT AND FRAUDULENT DEBTOR

Mr.. Davis, of Mississippi, proposes to pro
ceed by attachment against Spain as an absent
absconding, or fraudulent debtor. We hav,
long account against Spain, contracted un
der aggravated circumstances, aud sufficient
time has elapsed to show that she is utterl,
Indifferent alike to the obligations she has in
Cured and TO the very offensive events of thcil
origin. There is more in this subject than ap
pears upon the surface Spain is largely in
Jebted to our citizens. Her agents have com
mlttcd many grave ontragrs upon them; have
sacrificed their property aud, in numerous in
stances, when they have been arragncd by
Spanish tribunals, and on final decision pro.
nonnced innocent, they have been charged with
enormous court expences, and held in prison
till they were paid. In nine cases ont of ten
our claims against Spain have arisen from tor
tious, Illegal, and uniustifable acts on her part
They are nearly all founded on some clear vio-
lations of law. Between individuals such tres
passers are held to n closer account aid a
more rigid practice prevails in bringing them
to Judgment. We are not about to contend
that Spain should be treated us an absent debt
or, and her effects seized in attachment to sat
lSiy our claims; nor are we prepared to main
tain that the evidence is sufficient that she is
concerning her property with II view Of defrand-
ing her creditors, though on the latter point,
we are satisfied the case is by no means clear
She has threatened more than once to destroy
her effects. She has not only neglected and
refused 10 pay us what is Justly ours, but has
declared again and again that # we should IN.
dertake to seize upon her estate she would de-
vastate and render them valucless in our hands.
1t is not easy to see the distinction between
removing or secretng property with view to
defrand creditors, and destroying it with the
same purpose. The effect is the same upon
the parties who are seeking Justice, and it il
wholly immaterial how the case bears upon
those who are doing all in their power to de-
feat it. Bnt it may be said that nations are
unlike individuals--that they should not be
treated as responsible to the rules that govern
the latter under the civil administration of
State; that with respect to them there is no
difference between Il tortious act by which II
citizen or 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 TO endorse any such doctrine.
Every transaction and every. act of nation
should be judged according TO its character
If it be tortions the offender should be punish.
ed, and made to pay even exemplary damages.
II they stand ont or delay beyond reasona.
bic time for adjustment the aggrieved party
should have his option to proceed directly
against the offending party or his effects
We would not be understood as claiming
that it is the duty Of governments to enforce
the obligations Of their citizens or subjects
in all cases against other governments. Lord
PamerSton, we believe announced this doe
trine few years ago, and proposed, for the
benefit Of british subjects, to apply il to Spain:
but the latter subsequently made some arrange
ment with his lord,hip which obyiatch h" ne.
ceSsity Of its enforcement or, al least, afford
ed him an opportunity to reccde from his posi-,
ton. 1t is very questionable, indeed if the
smaller States of the world could maintain
themselves under rule so rigid and effective.
England and France, with powerful navics and
large standing armies, would have obvious ad.
yantages over NIL the weaker powers, especial.
ly on this continent; and they might find very
plausible grounds for intervention, too, in our
political affairs, if it were once fully establish
ed. On the other hand such principle if
adopted by the nations, and made applicable
only to the future, would induce circnmsppc-
tion economy, aud perhaps integrity, by wild
ening accountability and enargcning practic.
al remedies. As the law now stands, indvd-
nails who contract with foreign government,
take the whole responsibility of its good faith
and ability to meet its obligations Indeed
nearly all transactions of the kind are not on
ly based upon the stamding of the government,
hut rates are fixed with distinct reference to
their power and disposition to pay They are
simple business affairs the subjects of invest.
CATION into the pcrmanence of the obligators,
their means and their honesty. They are pure
ly voluntary
Obligations incurred by an illegal, tortions,
and oppressive exercise Of power over the cit
liens and property of another State, rest upon
a very different basis. There is nothing of the
nature of u contract in them. They involve
the commission of wrongs to persons and the
illegal sacrifice of property; and reason and
justice demand that the aggressor shall be pun
ished and compelled to make restitution or
pay aggravated damages. 1t is clearly the
duty of every government to exercise its pow
er in defence of its citizens, to avenge their
wrongs in proper way; and there is no sense
in receiving the plea of poverty on the part of
such offenders as ground for staying execn-
tion. All diplomatic excuses should be dscar-