Marshall County Republican. (Plymouth, Ind.) 1856-1878, 1862-01-09
WHOLE NO. 27O.

discovered that was really defending and
maintaining not exclusively the British IN
terest but an honored and cherished Amer
lean cause-uot upon British authorities
but upon principles that constituted
large portion of the distinctive policy
by which the United States have deyel
oped the resources of a continent. and
thus become a considerable m aritine
power-hsve won the respect and conf.
dence of many nations. These pr,ncipiea
were laid down TO, MS by James Madison
in 1904, when Secretary of State under
Jefferson, in hisinstruciions to JAS. Mon
roe, our then Minister TO England. Al
though the case before him concerned
description Of persons different from those
who are incidentally the subjects OF the
present discussion. the ground he assumed
the In now occupy. and the arguments by
which he sustained himself upon it have
been an inspiration tome in preparing this
reply.
"Whcncver,"' he says, property found
in a neutral vessel is supposed 10 be liable
on any ground to capture and eondemna-
ton, the rule In all cases is. that tho queS-
tion shall not be deciled 10y the captor. but
be carried before legal tribunal, where
regular trial may be had. and where the
captor himself is liable tc damages for an
abuse Of his power. Can it be reasonable,
then. or just, that beliigerent commander
who is thus restricted. and thus response
BILE in a case of mere prop.rty Of trivial a.
mount. should be permitted. without re-
curing to any tribunal whatever. to exam
inc the crew of a nentral vessel. TO decide
the important question Of their respective
allsgiances, and 10 carry that decision into
execution by forcing every Individual he
choose into a service abhorrent to his feel
ings cutting him off from his most tender
connections. exposing his mind and his
re.son to the most humiiating discipline,
and his life itself to the greatest danger
/ Reason, Justice and humanity unite in pro-
testing against so eXlrayagant proceed
ing"
II decide this case in favor Of my own
Government, must disavow its most cher
ished principles, and reverse and forever
abandon its essential policy. The country
cannot afford the sacrifice. If | maintain
that principle and adhere to that policy. L
must surrender the case itself. 1t will be
seen. therefore. that this Government
could not deny the justice of the claim pre-
sented We are asked to DO to the British
nation what we always Insisted all nations
ought to do to us.
The claim of the British Government is
not made in discou,teous manner. This
Government, since its first organization,
has never used more guarded language i'll
similar case.
In coming to my conclusion. | have not
forgotten that if the safety Of this Union re-
quired the detention of the captured per-
sons it would be the duty OF this Govern
ment to detain them. But the effectual
check and waning proportion of the exist
ing insurrection, as well as the compara-
tive unimportance Of the captured persons
themselves. when dispassionately weighed.
happily forbid me from resorting to that
defence Nor am | unaware that Union
i citizens are in any case to be unnecessari-
ly surrendered. for any purpose, into the
keeping of a foreign State. Only the cap
tured persons. however. or others who are
interested in them could justly raise ques-
tion on that ground. Nor have l been
tempted at all by suggestions that cases
might be found in history where Great
Britain refused to yield TO other nations.
and even TO ourselves, claims like that
which is now now before US. Those cases
occurred when Great Britain. as well as
the Unite States, was the home Of gener-
ations which with all their peculiar inter
ssts and passions. have passed away She
could In no other way SO effeciually disa-
vow any such injury as we think she does
by assuming now as her own the ground
upon which we then stood II would tell
little for our own claims to the character of
Q Just and magnanmous people. if we
4 should so far consent to be guided by the
law OF retaliation as 20 lift mp buried in
liuries from their graves to oppose against
what national consistency and national
conscience compel us to regard as claim
intrinsically right.
i Putting beyond me all suggestions ofthis
kind. / prefer to express my satisfaction
that by the adjustment of the present case
upon principles confessedly American. and
yet. ~ trust. mutually satisfactory to
both nations concerned, a question is final
,ly and rightfully settled between them.
which, heretofore. exhausting not only all
forms Of peaceful discussion. but also the
arbitrament Of war itself. has for moro
than half century alienated the two
countries from each other, and perplexed
with fears and apprehensions all other ma
tions. 2agn als9l tHEsIiq
The four persons in question are now
held in military custody at Fort Warren,
in the State Of Massachusetts. They will
be cheerfully liberated If your Lordship
will please indicate time and place. for
receiving them. / renew my assurances
! Of my very high consideration. =
aA (Signed) e' WV. H. SEwxED.
lsfosfs Important from Mexico. 1dl e
| g; New YosK. Jan. 2d.--The. Spanish