Orleans independent standard. [volume] (Irasburgh, Vt.) 1856-1871, 1862-01-10

power, have won the respect ana couu-
dence of many nations. These prnci-
Piles were laid down for us in 1904, by
James Mason when secretary Of state in
the administration Of Thos. Jefferson, IN
instructions given to James Monroe, our
minister to England. Although the case
before him concerned description OF
persons different from those who are
incidentally the subjects of the present
discussion, the ground he assumed then
was the same l now occupy, aud the ar
guments by which he sustained himself
upon il have been an inspiration to me
in preparing this reply. Whenever,
be says, property found in a neutral
vessel is supposed to be liable on any
ground to capture and condemnation, the
rule in all cases is that the question shall
not be decided by the captor, but he car
ried before legal tribunal, where a
regular trial may be had, and where the
captor himself is liable to damages for
an abuse of his power. Can it be
reasonable, then, OF just, that a beliger-
ent commander who is thus restricted,
and thus responsible in case Of mere
propertv, or trivial amount, shall be
permitted, without recurring to any
tribunal whatever, to examine the crew
Of neuuaI vessel, to decide the impor.
rant question of their respective allegi-
ances. and to carry that decision into
execution BY forcing every individual he
may choose into a service abAoIrent 10
his feelings, cutting him off from his
most tender connection, exposing his
mind and his person to the most humili-
ating discipline, and his life itself to the
greatest danger? Reason, justice and
humanity unite in protesting against so
exirayaganta proceeding.
II decide this case in favor Of my
own government, | must di>aiow its
most cherished principles, and reverse
and forever abandon its essential policy.
The country cannot afford the sacrifice.
It maintain those principles and adhere
to that policy, | must surrender the case
itself. 1t will be seen therefore. that this
government could not deny the justice
Of the claim presented. We are asked
to do to the British nation, just what wc
have always insisted all nations ought to
do to u. The claim Of the British gov
eminent is not made in di,courtrous
manner. THIS government, since It's
tirsr organization, has never used more
s4arlrd language in similar case.
In coming to my conclusion | have
not forgotten that, it the safety Of the
Union required the detention of the cap
tured persons, it would be the right aud
duty Of this government to detain them.
Bat the tfftctual check and waning pro-
portions Of the existing insur ection, as
well as the comparative uuimportance Of
the captured persons themselves, when
dspassionately weighed, happily forbid
me from resorting to that defence. Nor
am / aware that American citizens are
not in any case to be unnecessarily sur
rendered, for any purpose into the keep
ing Of foreign state. Only the cap
tured persons however, or others who
are interested in them, could justly raise
a question on that ground. Nor have
been tempted at all by suggestions that
eases might be found in history where
Great Britain refused to yield to other
nations. and even to ourselves, claims
like that which is nov before US. Those
cases occurred when Grea; Britain, las 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 elIectualy
dsavow any such injury as we think she
does now, by assuming as her own the
ground upon which we then stood. It
would tell little for our claims to the
character of a just and magnanimous
people, if we should so far consent to be
guided by the law of retaliation, as to
lit up buried injuries from their graves
to oppose against what national consis-
tency and the national conscience compel
us to regard as claim intIinsically right.
Putting behind me all suggestions ofthis
kind, | prefer to express my satisfaction
that by the adjustment of the present
case upon principles confessedly Amer.
lean, and yet, aS trust, mutually salts.
factory to both Of the nations concerned
a question is finally and rightly settled
between them, which heretofore exhaust.
ed not only all forms Of peaceful discus.
sion, but also the arbitury alienated, III,
two countries from each other, and per.
picked with fears and apprehensions al
other nations.