The Cecil Whig. [volume] (Elkton, Md.) 1841-current, 1862-01-04

the rule in all cases is, that the question
| shall not be decided by the captor, but be
carried before Il legal tribunal, where regu-
lar trial may be had, and where the captor
himself is liable to damages for an abuse of
his power. Can it be reasonable, then, or
just, that II belligcrent commander, who is
thus restricted, and thus responsible III a
! case OF mere property of trivial amount,
should be permitted, without recurring to
any tribunal whatever, to examine the crew
OF Il neutral vessel, to decide the important
question of their respective allcginnces, and
to carry that decision into execution by
forcing every individual he may choose into
a service abhorrent to his feelings, cutting
him off from his most tender connections
exposing his mind and his person to the most
humiliating discipline, and his life itself to
the greatest danger? Reason, justice, and
humanity Unite in protesting against so
| extrnvagant proceeding
If 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
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
to us in this respect upon its merits We
are asked to do to the British nation just
what we have always insisted all nations
ought to do to us.
The claim of the British Government is
not made in y discuurteous manner. This
Government, since its first organization. has
never used more guarded language III
similar case.
In coming to my conclusion l have not
forgotten that, if the safety of this Union
required the detention oftkc captured per-
sons, it would be the right and duty of this
Government to deain them. But the
effcctual check and waning proportions of
the existing instruction, as well a. the com
parative uniplportance of the captured per-
sons themselves, when dispassionately
weighed, happily forbid me from rcsorting
to that defense.
Nor am | unaware that American citizens
arc not ia any case to be unnecessarily sur
rendcd for any purpose into the keeping Of
"a foreign State. Only the captured persons,
however, or others who are interested in
them, could justly raise Il question on that
ground.
Nor have been tempted at all by sug.
gestions 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 before us. Those cases
occurred Wncn Ufeat 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 efectually 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 for our own
claims to the character of a just and mag
unanimous people if we should so far consent
to be guided by the law Of retaliation as to
lift up buried injuries from their graves to
oppose against what national consistency
and the national conscience compel us to
regard as a claim intrnsically right.
Putting behind me all suggestions of this
kind, | prefer to express my satisfaction
hat, by the adjustment Of the present case
upon principles confcSscdH American, and
yet, as trust mutually satisfactory to both
ofthc nations concerned, a question is finally
and rightly settled between them, which.
heretofore exhausting not only all forms of
peaceful discussion, but also the arbtrament
of war itself, for more than half a century
alicnatcd the two countries from each other,
and perplexcd with fears and apprehensions
all other nations.
The four persons in question are now held
in military custody at Fort Warren, in the
fully liberated. Your lordship will please
indicate a time and place for receiving
them.
avail myself of this occasion to offer to
your lordship II renewed assurance of my
very high consideration.
WILLIAM II. SEWARD.