The New York herald., 1862-01-10

The British pretension put forth under the
tered Mr. Pickering that time Secretary Of state IN
letter Rufus King Minister at London dated june
1885, after repeating the rule proposed by hr 'ener
son, says
Jag prete rdrer nation aho shall sail s1
z And for this humanity we'll as interest," po"eriuis
plead-Sate Papers, col 3, p. t74
And again at later day, during the same administers
tion, Mr. MArsha afterwards the veneratea Cniei Jus
tice Of the United States and at the time secretary
State in his instructions to Rufus King at London dated
September 20, 1900, says
The impressment injury Of very ser
Sns @ which deeply affects the not
equally wS has no
right To their or to their service TO tear them
Of Violence for which there palatsstats
Papers, rot 2, p. 4S9
The same British pretension showed itself constantly
under the administration Of Mr. Jefferson Throughout
the eight years Of his Presidency the repeated outrages
Of British cruisers never for moment allowed II 20 %
forgotten Mr.. Madison during this full period asSecre
ary Of State and Of the varied productions Oh ms
pen more mastery than those in which he exposed
the tyranny Of this pretenson In the course OF Inns
discussion he showed the special hardship found in the
fact that the sailors taken from the snip AZ the
mere will Of an officer without any form OF judicial pro
ceedngs thus early presented against the pretenson
OF Great Britain the precise objection which is now
adopted by her Here are his emphatic words, IN n,s
celebrated instructions to Mr. Monroe, at that time our
Minister at London, dated January s. 1904
Taking and justice for the tests Of this practice
ssars & % SsS s 5s moist @ rsss
article Of properly captured the hsh seas is and
own a ascsoas Whenever PROPERTY found
e, chat rIss
sors Legal ss tribunal Hs where ] regular may
where the captor himself Is liable to damages for an
just that q bellgerent commander who is thus re, re-
'ans pshoad be
ring % any !lu"at @are to eIa:ns the s,eo Of ns.srdl M
ss TO- s Ss
he $ % aP R mos
ons exposing his mind and his person to the most humi
Reason justice humanity protesting against
extravagant proceeding Papers, roi. s. p.%
Negotiations on this principle thus distinctly declared,
ntrustcd at London James Monroe, afterwards
President Of the United States and TO william Pinckney,
the most accomplished master Of prize law which our
country has produced. But they were unsuccessful.
Great Britain persisted. In Joint letter dated at Lon
don, September IL, 1906, the plenipotentaries say
That was impossible ths. we should scknowIsage in
bard vess found the main ocean, this sort % IN
principle and deross,ns from The right. of
oae %as m
In another joint letter dated at London, November IL,
1906, tho same penipotontiaries say
Tbs right denied by the British commissioners, Nhc
,hs. The renan,shmen, Of i at Sis 60 he
Sse essensiay Se PapeSs VOL rs
In still another letter. dated az London April e. 1907,
sioncrs-
They that the prejudice Of the and Of The
country generally WAS wa: SO strongly % Ier % S, s
that in truth the support Of Parliament could not have
been relied in such casesate Pupcre VOL s. p l6o
The British commissioners two excellent per
sons-Lord Holland and Lord Auckand but though
friendly to the United States in their deciara-
tons and liberals in politics, they were poweress
tinued be discussed by able writer's. Among those
whose opinions Of the highest authority, was tho
-hn int
Quincy forth pamphlet dated January o. 1909, In
which the British preension was touched TO the quick;
and again s he
Of ships encountered by British cruiser he
says
The eq.enan. be the Judge the midshipman is to be
II is impossible to figure to ourselves In imagination this
sSs a s"a
nsrpss the ssnss s % ane oh 1y Se'
AT last all redress through negotiation was
found to be impossible; and this pretension, az
gravated into multitudinous tyranny, was openly
announced bc of the principal reasons for the de-
caration Of against Great Britain In 1872 In his
message to Congress, dated June l. Of that year Mr.
Madison who President, thus exposed the onen
sve character Of the pretesion aud his words directed
against persistent practice are now echoed by Great
Britain in the single instance which has accidentally
occurred
Could the seizure Of British subjects such be
regarded within The exere Of beligercnt right, the
tasea nroprfty to lie nd Judged Without regular
don before eqmpeient tribunal moa inIerioniy demand
place c sh trial. these rights subjected TO the 1,u of
ofeeey Hefy oom"o"der-stafesmd"s Aa""a' VOL zss
While the war was waging the subject still dis
cursed Mr. Grundy In the House o Representatives, in
report from the Committee on Foreign Anairs, said
sba,er any other officer Of the British Navy ought
citizens ought not TO depend the viii Of such
party.-statc Papers, VOL 3, p Cos
Such was the American ground The British pretcnsion
was uphestatingy proclaimed in the declaration OF tho
Prince Regent Afterwards George w. given at the palace
Of Westminster, January o. 1915
The President OF the United States has. is true since
proposed Great Britain arinsticc not however the
admission that the OF war hitherto relied on was re-
moved but condition that Great Britain as preliminary
step should do away cause OF war how brought forward "a
h Tor tns hrs, , ,asa ,n ~ , Son m
trhn rseis B,iish seane the natural Dor" subjects Of his
His royal rhness admit that in the exercise
the .a .;o , S"a %@5 % y % s 15 S
soip,, when found therein. BE- deemed coiation Of a
sesrncn from board such ., coae,sd BY any
neuai Ss,,e hostile jsfabie Of
The war was closed by the treaty at Ghent but pcr-
yerscy tho British pretcnson renounced Other
negotiations n 1918, under President Monroe; in 1928,
also Under Monroe and again IN 1871 under John Quincy
Adams expressly TO procure its remuneration, all
unavaing Al ast in 1S42 at tho treaty Of Washington,
Mr. Webster calmly setting aside all idca Of further
eotation this prctension and without proposing
any stipulation with regard to IT, deliberately announced
the principle irrevocbly adopted by government IL
the principle carly announced at the beginning OF the
republic by Mr. Jefferson This despatch Is one of the
most M m, rable in history and II bears directly
tho existrg controvcoy when, exposing the British
pretension, II says
mcu T. nyf 70 e sap,map jugs. his decisions win be
quite as significant of his wants aud his power
OF the truth justice Of the WORKS. vol
y. 323
At later day still the very OF events
find General Cass secretary OF state, in his eabo
Instructions Ministers in Europe, dated 9th
June 1850 declaring principles which may properly
troll the present question. lie says
IL obvious from the Temp OF the that the present
time assert and enforce prctensions the
of beigercnt Powers Affecting the interest of nations at
peace u"tos such s'e"ss"s are eag j"a,s " ~, ss q
raj vessels upon the high their forcble entrance,
and IN crhang and examination OF their carsoes the
seizure of their freight ot e ei g orcgn o, the fire.
quent interruption their voyages by compelling them
their destination In order 10 seek redress ana ore
at the obpcs uhch prs ~ occonpaHy The eI>rcsc of
,ani poWer, where responsibility s refnotc these are,
indeed obstructions. little likely to be submitted To-
the present OF world without formidable effort
TO prevent them.
Such Is authentic history o. this British protenson,
and OF the IN which IL has been met by our gov
ernmcnt Ant ths special argument formerly di-
rcccd by against this ete sion rs directed BY Great
Britain against the Vrcteston of Captain wilkes to take
two rebel emissar,s from British packet ship. II Cap