Daily Ohio statesman. [volume] (Columbus, Ohio) 1855-1870, 1861-12-31

feeble outline OF the argumentauon tnat NV
seoretary has pursued In the elaboration OF the
subject. Enough, however, is given 70 alord us
4 clue to the logical sequences to which MS po-
sition may be pushed, In relation 70 the question
OF the AMERICAN SYBTEh, as regards tne reiauVe
rights Of neutrala and belligerenis. II, oat Of
this cOrpus moytuam Of the Mason and shueii
affair, Mr.. Seward shall be able 20 extract -tne
pure honey Of Truth" (as my Lord Of Verulam
srould saw. he will have solved the Samaonian
riddle. by showing to the world that tout OF
strength there came forth sweetness = that out
Of the corrupt body of this defunct lion, there
came forth, not tOar, but peace. t
And this, as we understand II, has been the
purpose of the Secretary In pursuing the PROB
lem to It's ultimate principles. His aim hae
been, not 60 much to follow English precedents,
and to conform to Epglish dicta and decisions,
for determining this individual case, as 70 seize
the opportunity for declaring our own American
system, whose principles are to determine, not
only the present, but eueTy future case OF like
kind. And 1--WE repeat it), If the Secretary
shall have accomplished this, and shall be there
In instrumental In settling those vague notions
and yexed questions In international law that,
by their very vagueness, continually tend to en-
gender international disputes, and are always
prolific of wars, then, out of this occurrence and
In this disposal Of the worthless carcssses Of
these two rebel miscroants, Mr.. Seward will
have rendered boon to mankind.
The longer possession OF the persons OF those
prisoners was not of pins value to the nation,
except that their liberation or surrender effect
ed the nations honor and abstract rights upon
the oceaa. The efficiency Of their European
mission has been completely exhausted by the
circumstances; and by their continued incarcera-
tion in Fort Warren, they would have rendered
greater service to the rebels, before European
Courts, than their personal presence at ST. James
| or st. Cloud can ever accomplish. d
But, even this consideration we would hold
yalueless II, in their surrender, we surrendered
an iota Of our national rights or our national
honor. And the Secretary has evidently weigh
ed this matter, not in the English, but In the
| American scales. For, we deem II evident,
that, tried by British precepl and example,
Capt. Wilkes did no more than their precepts
and examples would justify. But, Mr. Sow
ard's argument shows that he has tested the
act by the principles Of the system that the
American Government has claimed, even from
| Its foundation. And II he 10 correct In this,
then he has given to the world sublime ex-
ample of the rsctitude Of our American System,
as we'll as our fidelity to the Observance OF Its
principles. r-s
These principles, that Mr.. Seward aud the
Administration would thus solemnly enunciate
and sublimely exemplify, were announced as
early as 1881, while the war cloud OF the Revo-
luton yet lowered upon our national horizon.
Mr.. Jefferson tells us that, during that year,
when he with Adams and Franklin were at
Paris as American Commissioners for negoti-
atiDg treaty of peace with Great Britain, DR..
franklin proposed to insert clause exemptDg
Ir L. IA hoIi; ,vha,,
all unarmed merchant vessels, and cIrgoes, en-
ployed In lawful commerce between nations.
This England refused. ThisWas the first devel-
opment OF the American system on the basis
that free fgg makes free edf9oes. But England
held that the character of ships and cargo fol-
lo,ced the Owner, and not the bottom; and, there
fore, maintained her prescriptive right of search
and seizure. Into the proposition under this
system thus submitted by these Commissioners,
Prussia, Denmark and Tuscany entered, and
Portugal subsequently followed.
In addition TO The instructions alluded to by
Mr.. Seward as in 1904, Mr.. Jefferson's letter to
Mr.. Livingstone, dated September 9th, 1901, Is
also mastery development and defense OF this
doctrine of International law. Mr.. Jefferson
SAYS at is now urged, and / think with great
appearance of reason, that this 10 the genuine
principle dictated By national morality. y
"On an element which nature has not subjected
to the jurisdiction Of any particular nation, but
has made common to all for the purpose to which
1t is fitted, It would seem that tho particular
portion Of 1t which happens to be occupied by
the vessel of any nation, in the course Of It's
voyage, is, for the moment the exclusive property Of
that nation, and, with the vessel, Is exempt from
intrusion by any other, and from its Jurisdiction,
as much as If 1t were lying in the harbor OF its
sovereiRn"