Vermont phÅ“nix. [volume] (Brattleboro, Vt.) 1834-1955, 1864-12-02

Mr.. SuMSER on THE FLORIDA CAsE.-A
long article from Senator Sumner IN the Bos.
ton Daily Advertiser, recites many British pre-
cedents fer the capture Of the Florida in neu.
trail waters, and reaches the conclusion that il
is difficult to see how British ministers or Brit
ish critics can venture to reproach us. The
case as it now stands is summed up thus:
From a review of these instances, it will ap.
pear, that where ships have been captured in
neutral waters their restitution was at least on
one occasion positively refused by a British
minister of commanding authority, while on
other occasions IL was avoided by the destruct-
ion Of the ships. II the American commander,
who undertook this business at Bahia, had done
it completely, there would be little difficulty
now. There were fire and water both at his
service. He might have burnt the Florida or
scuttled her at once, and his ofiense would haye
been no greater than now, while his govern
ment would have been relieved from embarrass-
ment. 1t is hardly cynical TO say Of such an
omission, in the words of Taeyrand, that "it
was worse than crime it was bunder."
! But there are peculiar circumstances in this
recent instance which distinguish it from eve
ry other. They may be mentioned under two
heads but shall only allude to them.
First. The Florida was abnormal and pratt
cal in her origin and her career, and was little
more than a lawless gipsey of the sea born
contrary to the law of nations, and living in
constant defiance of that law.
Secondly. The Florida pretended to belong
to a rebel combination of slave sters, now
engaged in rebellion for the sake Of slavery.
Though certain foreign powers, including Bra
iii, have conceded to this rebel combination
what are called "belligerent rights" yet the ex-
tent Of this concession is undecided. Of course
il is much less than recognition of national
independence. Every presumption must be
against such rebel combination, having such
an object. The indecent haste with which "bel-
lgerent rights" were originally conceded can
not be forgotten on this occasion nor can we
neglect the we-founded argument that in the
absence of prize courts, belonging to the pre-.
tended power, any such concession on the ocean
was hagrantly unjust, and, when we consider
its widespread consequences, to he rPprehend-
ed by impartial history. Assuming, therefore,
3 that the restitution of ship. belonging 10 an
independent power, TO France or England,
might be properly required, il does not follow
that such restitution should he required in a
case like the present, or in other words, that
the United States should be EXPECTED to restore
the Florida to Brazil to be handed over again
to the support of a saveholding rebellion, and
, to burn more ships.
1t is well understood, of course, that the seiz-
ure of the Florida was wrong only with respect
to Brazil, and not with respect to the rebel en-
u envy. There can be no demand, therefore, I'M
less Brazil steps forward. Whatever is done
n must be in her name and at her instance. The
n enlightened emperor of Brazil is of the royal
h house Of Braganza, which reigned in Portugal
e when her great Minister Pombel forbore to de-
n mand the restitution of ships captured by the
l. British in Portuguese waters. Here is prece-
dent of his own family, applicable to the pres
o ent occasion. ] venture to add that he would
e do an inconsiderate and unfriendly act. if ht
y should press the restitution of a ship, obnox-
a ious not only as public enemy, but as the pi
S, raical agent of a wicked rebellion Even ad.
= hitting that the capture was null by the Law o
y nations, yet the nature of the reparaion TO bt
demanded rests absolutely in the direction o
1t Brazil, and no power in this age car be justified
which exercises any discretion ayerse TO humal
freedom.
The Florida Sunk.
u FORTRESS MONROE, Nov. %. Hon. Gdeor
e Welles, Secretary of Navy:-I have just re
;" ceived a telegram from the commander of tn
prize steamer Florida, informing me that sh
: had sunk in nine fathoms of water She hat
% been run into by an army steamer and badly
damaged. | have not heard the particulars
s l will inform the department when | receive the
II written report ID. ID. PORTER,
IL Rear Admiral
" The official report to the Navy Department