The evening telegraph. [volume] (Philadelphia [Pa.]) 1864-1918, 1864-12-03
SATURDAY, DEoENIBRR 3, 1864.
THE "FLORIDA. oUFsTIoN.

restitution impossible, they experienced
sense Of relief.
The sinking OF the Florida s a mere cir
cumstance connected with the consideration
ofthe question between the two powers. Her
tonnage, her armament, her seawOrthness or
Onseaworthiness, are all points irrelevant to the
main issue. Had she been scow, the ques-
zion could not be divested Of the same prin-
ciples which would have attached to the
aubiect had she been q steel-plated man
Of-War.
In the capture of the Florida there can be
no doubt that Captain COLLINS was prompted
By the best intentions. But it is argued that,
because he is conversant with international
law, circumstances must bear out his action.
We confess that we cannot see the matter in
this light We cannot forget that a naval
officer, with perfect nowledge OF the law,
might not be so dispassonate when prompted
to visit retribution upon traitors insolently
Haunting their ensign before his sight. And
the more devoted and true the officer the
greater the risk Law, in the Interest OF
Justice, wisely separates the judicial and exc
cutiye functions. But here we have con-
stable, witness, Judge, jury, and executioner
Ill III Oucs ~ hdfiSeIS VIZ SN~'
make man infLlible.
As long as we subscribe 20 those principles
I-nown as International law, we are bound in
honor to carry them out in our practice. To
boldly break the law, avowing that we intend
10 break It and abide the consequences, Is
deensible if the cause Of its infractlon is in
the interest of Justice not comprehended by
tbe law. But to break il and pay with an
apology-where then is the law2 Truly it
would be an apology for law.
If the Florida was wrongfully captured,
restitution and apology are both due to Brazl'.
Restitution, or the willingness and offer to
restore, are inseparable from the idea OF
apology. Apology coupled with satisfaction
in the act for which it is made, is an insult
And no greater satisfaction could be shown,
than that exhibited by the retention of the
very thing for whose acquisition it is pretended
to offer atonement.
Let us disabuse our minds of nyimpresSion
that apology and restitution are separable
that the destruction Of the particular object
whose restitution is demanded, can negative
the claim; or that the gain Of an enemy cal
invalidate the right Of a neutral.
IL each nation constitutes itself the judge o
the occasions when there may be exception
TO the law, what becomes OF the law
Is It the recognition Of what is seldom done
or is it the recognition Of whatever may chanc
TO be done? In either case there is no law
Law cannot be subject to exceptions OF whic
Che infractor is Judge.
Now, international law, although not wei
defined in writing, is nevertheless uniiorml
interpreted. 1t is what KNGLAKE calls tn
supreme Law or Usage, "a rough and wilC
grown system, and its observance can only b
enforced by opinion, and by the belief that
comedies with the interests Of every Pow
which is called upon to obey it," 1t is a tae
agreement between all States, great and sna
and it emanates from general sense OF iu
tice; and although unequal to ensuring
execution in all cases, still, on the whole, it
instrumental in promoting the general we
fare of nations. AS law is especially intend
for the protection of the weak, if its intractI'
Is justified in the case of weak nation t
law is at once abrogated. Then force, n
mutual assent becomes the arbiter ofat que
tions arising within the limits Of possible dis
G cement.
The Brazilian port sheltered one Of t
entmy's cruisers. So have the ports Of En-
land and France sheltered one, over and o.
again. The act which we did not coma
against England or France, is not iustiha
because it was committed against Brazil.
the case had been that of England, the mfr
tion Of the law might have been justified by
right of retaliation, and the plea Of retaliat
is In itself acknowledgment OF the bind
force of the law. Against Brazil there could
no such plea. Because the same facilities
escape with our prize did not exist in =
land or France as in Brazil, the obligation
respect the neutrality Of Brazil was not
obligatory. If 50, probable impunity baco
the measure OF the law there is no sacredr
in neutral rights and the law exists q
when there is ability 20 punish the tr
gressor.
Let US not regard law Inherently whom
iniracton inurcs 20 or advantage. L'i
not observe fl with the powerful and breI
with the weak, II we dsa9ow and discir
well and good; but we cannot mdintn,
and defend it, violation. Brazil Is weak
we are powerful. 1t would not be derogl
to apologize and make restitution. On
contrary, we should be proud to show
world that, even against our interest," we
deal naught but even-handed Justice
Florida cannot be returned, but indemnify
apology can be offered to Brazil. If that 20
can be induced by or Envoy, General WE
MOTTO demand restitution, it will be truly g
flying that the Rebels viii have no claim d
Brazil but let not our perception ofjussic
obscured because Brazil happens to be pl'
in the position OF an intermediary. That
alton is derived from nothing but the fore
circumstances, and they should not comp
brave nation to perpetrate wrong up'
weaker Power.
w APPROACHING SEAsONOFGIF
Aime' at least, is true and faithful
seasons lavish their bounties and read t