Worcester daily spy. [volume] (Worcester [Mass.]) 1850-1888, 1861-12-30

ground 10 capture and condemnation the rule
IN all cases is that the question shall not be de-
ended by tho captOr, but be carried before "a
legal tribunal where a regular trial may be
had, ami where the captor himself is liable to
Gamages Tor an abuse of his power. Can it
be reasonable, then, or just, that beligerent
commander who is thus restricted and thus re
sponsiDle IN a case OF mere property, Of trivial
amount, should be permitted, without recurring
10 any tribunal whatever, TO examine the crew
OF neutral vessel TO decide the important
question OF their respective alegiauces, and
10 carry that decision into execution by fore
ing every individual he may choose into a SER
vice abhorent to his feelings cutting him off
from his most tender connections. exposing
Ills mind and his person to the most humiliat-
ing discipline, and his lie itself TO the greatest
dangerF Reason, Justice and lumaity unite
in protesting against such an extravaeant mo.
ceeding"
If decide this ease in favor of NV own
government | must disavow its most cher
ished principles, and reverse and forever aban.
don its essential policy. The country cannot
afford the sacrifice If | maintain those prin.
ciples and adhere to that policy, | must sur
render the case itself. 1t will be seen, there
fore, that this government could not deny the
justice of the claim presented to US in this re-
spect upon its merits We are asked to do to
lne DfltlSu hdtlOh just WHdt we nave always
insisted all nations ought TO do to u.s. The
claim of The British government is not made
in a.dscourteous manner. This government
since its first organization, has never used
more guarded language in a similar case.
In coming to my conclusion | have not for
gotten that if the safety of this Union required
the detention of the captured persons it would
be the right and duty of this government to
detain them. Bat The efectual check and
waning proportions Of the existing inSurrec-
ton, as well as the comparative uninp0rtance
OF the captured persons themselves, when dis.
passionately weighed happily forbid me from
resortng to that defense.
Nor am | unaware that American citizens
are not in any case 10 be unnecessarily sur.
rendered for amy purpose, into the keeping
OF foreign state Only the captured persons,
however, or others who are interested in
them, could justly raise question on that
ground.
Nor have l been tempted at all by sugges-
tlons that cases might be found i'll history
where Great Britain refused to yield to other
nations and even 10 ourselves, claims like that
which is TOW before us. Those cases occurred
when Great Britain as well as the United
States, was the home of generations which,
with all their peculiar interests and passions
have passed away. She could in no other
way so etfectualiy disavow any such injury as
we think she does by assuming now as her
own the ground upon which we then stood.
1t would tell little Tor our own claims to the
character OF Just and magnaninous people
il we should So far consent to be guided by
the law OF retaliation as TO lit up buried inu-
ries from their grave to oppose against what
national consistency and the national con
science compel us to regard as claim ntrn-
scaIly right.
Putting behind me all suggestions of this
kind, prefer to express my satisfaction that,
by the adjustment OF the present case, upon
principles contessedly American, aud yet, as
trust, mutually satisfactory TO both OF the ma
tons concerned, a question is finally and right
ly settled between them, which heretofore ex.
hausting not only all forms OF peaceful discus
sion but also the arbitrament OF war Itself Tor
more than iialf "A century alienated the Two
countries from each other, and perpexed with
fears and approximations all Other nations.
Tie four persons in question are now held
in military custody at Fort Warren, in the
state OF Massachusetts. THEY wW be cheer1uiy
liberated Your iordship UW please indicate a
time and place for receioing Mem.
! avail myself of this occasion to offer to
your l0rdship a renewed assurance OF my
very high consideration.
WILLIAM IL. SEWARD.