The evening telegraph. [volume] (Philadelphia [Pa.]) 1864-1918, 1864-07-20
SPIRIT OF THE NEW YORK PRESS.
Leading Editorials from the New York
Papers This Morning.
NEUTRALITY - ENGLISH AND AME.
RICAN.

NEA IhAblIh - ENGbASH AND AWE.
RICAN.
Prom he Tribune
II is well known to those who have followed
the course of the discussions in the English Par
Lament concerning the violations Of British neu-
trallty that the Attorney. General, after being
driven to admit the remissness of the Govern
meut In the matter Of the ilaJayna and other
,, ,Nuglo-Rebel pirates, fell back upon American
ents as justification Of English unfriend-
90 to this country.
Vh argument passed for a good one with those
who were ignorant Of the cases cited by the
Attoney-General, and who supposed that he
would not venture to misrepresent the force and
effect Of judicial decisions and opinions. It was
reserved for an American lawyer to expose the
fallacies Of the English. Mr.. George Bemis,
! Boston, has collected a summary of the case
eaiing on the point under the title precedent
OF Amer can Neutrality" and with abundtn
learning and professional acuteness that Sir
Rounded Palmer lgill admire while he winces
NJ der IL, has Illustrated and re-established the
true American doctrine
The vessel in question was the Georgia which
was built at Dumbatton on the Clyde went 10
sea with Liverpool crew shipped nOmnaly 70,
Sbanghae, received her armament of the coast OF
rance, and started on her piratiCal cruise while
-c5steied at Liverpool a. the property of a Liver
pool merchant, and so continuing for nearly three
! months, during which she was bu ming American
"a Subsequently the vessel returned TO Liver
""ailiDg under the commission of the Rebel
koDment and Mr.. Barring put the question In
iament whether Il consisted with the Minis
try's views of neutrality to permit her to enter
and remain in q British port.
The Attorney General replied in substance that
1er commission from a Power which England
mad recognized as bellgerent, estopped an in
'quny into the circumstances of her ontit, and
thut the United States "never adopted the prac-
ice of inquirlng into the previous history of
nuh"c ship> of war which labored uuder the sus-
1pcion or allegation of having heeu fitted out In
Sneir ports in violation of their neutrality" Aud
ne ciied the cases OF the SdntiSSlmG Trinidad aud
the CdSSitS, quoting therefrom dictum Of Mr..
Justice Story, and summarizing the two in the
& ltement tnat "the SdntiSSimd Trinidad and the
Ssss''s were both received into the ports of the
United States held not TO be amenable TO courts
, Of law, and never ordered by the Government to
leave any port"
But there happens to be complete documentary
history of the career of these vessels aud the
facts are so unlike the Attorney Generals state
ment that the charitable will presume he was
only ignorant of what he undertook to aver.
A despatch from Mr.. Pickering American Sec
rotary of State, to Mr.. PinCkuey, American
! Minister to the French Republic, dated January
l6 1897, recites that the CdSSiS, under the name
of Les Jinneaur, was Illegally fitted out in Phila-
delpLia, escaped from that port and eyaded an
attempt to stop her by the militia of Delaware,
under orders from Washington.
The agent, however, by whom she had been
fitted out was tried for the offence, convicted,
and sentenced to fine and imprisonment. Nor did
the efforts of the Government cease with the es-
cape Of the vessel. A circular was issued by the
Secretary of War to the Governors of tue mari
time States, setting forth that the CassiiS-or
Les JtOnedaI-had gone to sea, and might be eX-
pected 10 return 10 some American port 10 COM
plete her equipment, and directing her seizure,
and the arrest OF the captain, officers, and men.
But warned of this circular, the CGSSiuS went
to French port in st. Domingo, was sold to the
nnf in NFVNt1g ion and
then returned to Philadelphia with all the au-
thority of a regular ship-ofwar of the French
Government. Still she was not deemed exempt
from hostile proceedings. Suits were begun
against the vessel, the captain arrested, the suits
tried in the Federal Courts, sustained by the
Executive authority, and ga final condemnation
of forfeiture in 'qla tam suit was pronounced,
and 1--WE have no doubt enforced under national
auspices
The French Minister complained bitterly of
these proceedings, and the American Govern
ment was deemed to have gone TO the verge even
Of war with France, in order to enforce its
trality, and protect British commerce from
French pIivateers fitted out in American ports
If England had acted in such spirit, with any
thing like the same good faith, and without any
risk to herself, as in the case of the Alabama and
Georgia she might have done, is it possible to
conceive that either of those vessels would have
been permitted to leave a British port, or to re
turn TO Onef
The only possible question in the Cassius case
is whether the forfeiture was actually enforced
nor can there be reasonable doubt on that pOn
in view OF the concurring testimony of three
Judges of the Supreme Court, one OF whom was
Chief JustiCn Marshall. But on that, and on the
merits of TIN whole matter, Mr.. Bemis thus forci-
bly, sums up:-
III perchance any doubt hangs the anal result
the suit for forfeiture all have TO is that Balu
b0 20 have the British nation act towards the
Georgia. and all that ube, in the spirit OF the C1ssi'
Cove nment have sent an armed force prevent the
escape OF another GsSga as soon a. ihey are
they have indicted convicted, and PUNISHED her builders
and eduippeTs In che escaped when they have
sent orders to all the ports Of the British Empire
10 seize her, In case she makes her appearance
cure legitimate transfer and national cOnmis-
sion: when, after having fortified herself with
$50 caed national Character and having again come
wttin British jurisdiction, they shau have upheld ana
justined civil and penal proceedings against her Al the risk
Of war with as powerful nation AS France, and which
proceedings sha have detained her till she rOts at the
wharf, aud is abandoned In disgust by her belgerenl
equppelS-iOr one, shall c1uicss ourselves salts ded
with British administration Of international law. Until
then, shah hope TO hear this precedent OF the
CdSSils drawn orih again from the lle arrow from
the CULVER OF an enemy
Concerning the SantsSiBia Trinidad case We
have only space 70 say that Mr.. Bemis' eXpOSi
tion OF il is equally satisfactory with that Of the
CaSSiUS, and equally fatal 10 the claim OF the
English Attorney General, whether in respect O
familiarity with the learning of his profession el
justice 10 the country which he assails. ThI
pamphlet before us contaips the results of tu
wider research than we are able to indicate il
this article, and we commend it as Il whole Il
the study of Sir koundwell Palmer, or of th,
next English lawyer who attempts 10 build
defense OF English Injustice on American prece
dents which do not exist.