The Burlington weekly hawk-eye. [volume] (Burlington [Iowa]) 1860-1876, 1862-01-04

| These princlplss were laid down for % In 1901
BY james Nadison, when Secretary Of State /,
| the Administration Of Thomas Jefferson, 10 In
7 struosions given % james Neoros, our Minister
! to England Although the ease before bin COO
cernsd description Of persops different iron
those Who ere incidentally the subject Of shs
present discussion, the ground he assumed thsr
vas the same ] now occupy, and the argumsntl
BY which bs sustained himself upon Il have been
90 inspiration % me In preparing this reply.
Whenever, he says, property found In .
s'neutral vessel 10 supposed to be liable on any
ground to capture and condemnation, the
''rule In all cases IL, that the question shall
mot be decided by the csptor, but be carried
'before legal tribunal, whore regular trial
'may be had. and where the captor himself IL
"lable to damages for an abuse Of his power
"Can II be reasonable, they, or just. that .
"belligefent commander who Ii thus restrict
led. and thus responsible in . case Of mere
property Of trivial amount, should be per-
United. without recurring to any tribunal
whatever, to examine the crew Of neutral
vessel, to decide the important question Of
'their respective allegiances, and to carry that
decision into execution by forcing every In
"dividual he may choose into . service abhor.
''rent to his feelings, cutting him of from his
most tender connexions, exposing his mind
"and his person to the most humiliating dis
"ctpline, and bis life itself to the greatest dan
ger! Reason, justice, aud humanity unite
lin protesting against 50 sxtrs7sgant pro-
"ceeding."
II I decide this case in favor Of my own
Government, must disavow Its most cherish
ID principles, and reverse and forever aban.
don its essential policy. The country cannot
afford the sacrihcs. II maintain those prin-
ciples and adhere to that policy, / must sur
render the case itself. It will be seen, there.
fore, that this Government could not deny the
Justice Of the claim presented to US In this re-
spect upon Ito merits. We are asked to do to
the British nation just what We have always
insisted oil nations ought to do to Us.
The claim Of the British Government Il not
made In discourteouS manner. This Govern
nent, since its 6rst organization, has never used
more guarded language In Q similar case.
In coming to my conclusion ! have not for.
gotten that, If the safety Of this Union required
the detention Of the captured persons, 1t would
be the right and duty OF this Government to Dc.
tain them. But the eHsctual check and waning
proportions of the existing insurrection, az we'll
- the comparative unimportsnce Of the csptur.
ed persons themselves, when dispassionately
weighed, happily forbid me from resorting to
that defence.
Nor am unaware that American citizens are
not In any case to be unnecessarily surrendered
for any purpose into the keeping Of foreign
State. Only the captured persons, however, or
others who are interested 10 them, could justly
raise question on that. ground.
Nor have 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 10
now before US. Those cases occurred when
Great Britain, as well As the United States, was
the home Of generations which, with oil their
peculiar interests and passions, have passed
away. She could in no other way 90 effsctually
disavow any such injury 40 We think she does
by assuming now 90 her own the ground upon
which We then stood. It would tell little for our
own aaims to the character ola just and mag.
unanimous people If We should so far consent 70
be guided BY the law Of retaliation ~ to lift up
buried Injuries from their graves 10 oppose
against what national consistency and the "a.
tional conscience compel Us to regard 20 claim
intrinslcally right
Putting behind me oil suggesdons of this kind,
I.prefer to express my satisfaction that, BY the
adjustment of the present case upon principles
confessedly American, and yet, a. trust, mu.
tually satisfactory to both of the nations con.
cerned, question is finally and rightly settled
between them, which, heretofore exhsusting not
only all forms Of peaceful discussion, but also
the arbltrament Of war itsslf, for more than half
q century alienated the two countries fran each
other. and perplexed with fears and apprshsn-
sions Ill other nations.
The four persons in question are now held In
military custody at Fort Warren, in the State of
Massachusetts,. They will bs chserfulIy liberia
ted. Your lordship will please indicate time
and place for receiving them.
! avail myself of this occasion to offer to your
lordship . renewed assurance of my very high
consideration.
WILLIAM d, SEWARD.