The New York herald., 1865-01-08

| ilS Tue dutuOT Vi LII bkOFtlt utS IOeteS as
cribes the quotation in question to Martial. He
gives at the end of the quotations from Martial
but says distinctly that it is from Senecas Epi-
grams Mr.. johnson must look sharper into his
"few good editions"
| II is quite refreshing to us, in the midst of
| our editorial labors, and of all the hustle Of
| politics, the rebellion, &C., to find ourselves
calling out the classical eruditon of the coun-
| try so satisfactorily. But "honor to whom honor
is DUE" The first impulse was given TO our
researches by our learned President and the
attacks Of ignoramuses on his colloquialisms,
which instead Of being slang, as represented,
were only too recondite for their comprehension.
Canadian nJurisprudenceRepr Re prisals w hen
Justified by the Law Of Nations.
| The whole dificulty with the Canadian JUS
! tees in the case of the st. Albans raiders has
been that they do not understand their business.
From Arst T. last they have surposed they
were not only the Queens magistrstes, but also
competent to lay down the law for the United
States. Thus they have entered into the doc
-srinss Of beligersnt rights, neutrality and the
validity Of military commissions, when all they
accompanying the demand for the arrest of the
raiders showed the commission of robbery,
| a felony and murder. All or either Of these
offences were punishable by British law as well
| as American, and under the ExtraditiOn treaty
| the Canadian authorities had nothing more to
| do than deliver up the criminals. Any defence
| they had to make was just as available in our
| courts as in the Canadian. They could just as
| well set up in their defence here as there that
| they bore commissions from the confederacy,
! and were therefore only committing acts Of
| justifable war. Nor would this plea be without
some force, since in the case Of Mcleod it saved
| the neck of the man who was engaged in the
| capture of the Caroline, and the murder Of some
of her crew, wholly within the territory of the
| United States. The recent avOwal Of Jefferson
Davis that the st. Albans raid and other raids
| on our frontier were by his authority is nothing
more than an imitatio on of the procedure of the
British government when it avOwed itself re-
| sponsible for the acts of Mcleod and his assO-
| ciates. All these questions, however, belong
to the American tribunals Of justice, and not to
| the Canadian; and if these raiders escape by
| the impertinent intervention of any decision
which nullifes the true intent and meaning Of
the Extradition treaty, then the Canadian gov
ernment assumes the responsibility of the whole
| wrong committed, and may be held accord
| ingly Nor is this difficult Of accomplishment.
| There is well known styled by pub
licists the Law of retortion, or in more cOnazaon
| terms, the law Of rsprisals- which may bs put
| in force without being necessarily az; act of
| war. This principle of internstie0af law is as
follows:-"f country seize ON what belongs
to another, if it refuse to pay debt or repair
or give satisfaction for an injury, the injured
party may seize things belonging to the wrong
doer and apply them to his own use until he is
paid the amount due, with damages or interest,
or he may detsin them as q security until full
satisfaction can be given"
To effect this letters Of reprisal may be issued
by the injured party, and the property seized
held as long as there is probability Of obtain
ing justice; when hope ia lost, it is confscated,
and the reprisal becomes complete. The pro
perty thus taken by way of reprisal need not
be governmental in its character; that Of indi-
vidual citizens is liable, since "what belongs
the body polite" On these principles
and in this way, say the great authorities
on this subject, "reprisals are reckcned
among the means used to compel nation
to conduct itself In future with equity
and moderation towards nations ut peace
OF late the practice has been for the offended
| government to order the seizure Of the goods
intended TO be applied rs an indemnity for the
injured party, making it in its own name, in
stead of issuing, rs formerly, letters of reprisa
to the party aggrieved. There are many me
morable examples Of this procedure In the
modern history of Europe quite in point, if We
require precedent. II therefore follows tina
the Canadian government, In allowing il
magistrates to nullify the treaty Of Extra
dition, assumes the responsibility of the raid
on st. Albans, and especially with regard
to the three hundred thousand dollars, and
upwards, stolen from the ST. Albsns banks
This money has been traced into the possession
Of Canadian magistrates and officials, and has
been by them Illegally returned to the thieves
Notwithstanding the proof Of their crime and
the demand for their extradition.
The doubt OF the Canadian magistrates II
therefore wrong from beginning to end. The
words Of the treaty are explicit, and they have
no right TO go beyond the documents required
by that treaty, nor to interpose for the guilty .
defence which belongs to another forum. Oul
government, therefore, as soon as 1t Ii ascer.
tanned that the raiders will not be given up
nor the stolen money returned TO It's owners, may
order seizures to be made Of any Canadian
property within the United States, TO the exten
Of the losses sustained by the banks Of St AL
bans, with damages and interest 1t will no
be difficult TO find indemnity in this way, with
out going out Of Wall street If, therefore
| there Ia no ther way Of bringing the Canadisn