The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1865-11-05

intervention policy on the part Of the govern
ment be pursued.
Our Claims on England-Our Rights
Under Well Estsblfshcd National Law.
A war with Great Britain, in consequence Of
the official refusal Of that nation through Lord
Russell to repair the injuries done our COM
merce by the Alabama, b not beyond the
bounds Of possibility. A city journal, supposed
to be inspired by secret information derived
from the Department Of State, has within the
last few days sdmitted a. much. A war with
that country, while 1t would prove perfectly
ruinous to its commercial interests, and very
probably induce its bankruptcy, would also be
very undesirable and Instantaneous to us,
considering the heavy war debt which already
presses upon our industry and resources.
In this condition Of things it may be well
worth considering what other steps may be
taken which would be a. efIectual, give us Inn
mediate indemnify and throw the responsibility
Of war upon the sggressors themselves-a
moral disadvantage to them, which would in
evitably lead 10 their humiliation when super
added to other and material causes.
One Of these steps or measures is the resort
to the law of retcrtion or reprisals, known and
practised as long ago as the time Of the
Romans, and still recognized everywhere.
The principle Is this:-"H nation refuses to
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 be is paid the amount that Is due, with
damages; or he may detain them rs security
until full satisfaction Is given" This Is o
we'll established right, and to put it in force
letters of reprisal may be granted 10 those
persons who have suffered the injury. Grotius,
vattel and Azuni fully treat of this right and
acknowledge its existence.
In 1853 the King Of Prussia availed himself
Of it by selling the debts Of English merchants
within his kingdom to make some Of his sub
jects whole, in consequence of the outrages
committed on their property by English priva-
.tcers. sa-
The States of the United Provinces in 1888
seized in the same way some Venetian vessels
to compensate their citizens for claims against
the Venetian republic.
In 1896 the King of Spain directed the seizure
of English property in that country as an indem-
nifty for the illegal detention of the Spanish
frigatc Mnerve There are also some cases in
point in French history made against the same
aggressors. So that the British government
must be quite familiar with the application Of
the principle. Indeed, they may read their
own history to some advantage on this sub
ject In 1862, in the time OF the Commonwealth,
Cromwell, afterwards Protector, issued to Eng
lish merchants letters of reprisal for damages
done them by the Dutch, and on their reim-
bursement preferred return Of the balance.
They will also discover both in the famous
treaty of Utrecht and that Of the Pyrenees that
the right OF reprsals was fully admitted.
But If we do not choose to resort to this
national and legal remedy We have still another,
which is purely Of peaceful character.
Il is to adop. the measure Of non-intcrcourse,
"a we have several times done before in cases
arising from much less provocation. We may
say with perfect propriety to Great Britain, IF
you decline doing us justice we will no longer
trade with you" This would be the heaviest
blow we could infict upon her. Her best Gus
toner at this moment is our own country. She
essentially needs our cotton and tobacco, as
well as our cereals and provisions. She is
now flooding us with her manufactures, does
nearly all our carrying trade, and con-
stantly draws immense sums in gold from MS.
To deprive her OF these advantages and this
support would be to impoyerish her, seriously
inlurc her merchants, manufacturers and banks,
lessen her revenues, and even endanger her
solvency.
II u.s. then, our obvious and convenient policy
TO resort 10 this measure without the necessity
of firing q gun. There il British property
enough in this port and city to cover all our
losses by the Alabama liable TO immediate
seizure under this law, and the reprisal would
be in effect 'sharp short and decisive"
This indemnity in hand would go great
way to prepare us for an encounter II It should
come; but we are inclined to the opinion that
the people Of Great Britain would much prefer
to come fairly to terms than lose their best
customers and the merchants and bankers
would rather continue to draw their millions
of gold from us week after week, than run the
risk OF deprivation and insolvency. And al
though the immediate effect Of non-intercourse
upon ourselves would be the suspension of cur
traffic with England, it would give an immense
start to that between rs and all other foreign
nations, SO that our customs revenue would be.
but little affected. But If it were, we should
stop at once sending gold abroad, and 1t would
accumulate here rapidly, and become 50 much
cheaper, as to make II more available thanever
for the payment Of interest On our national Sc
curities. In either case the result would be
about the same.
II would be, in fact, mu b cheaper for us'tc
buy few millions Of gold from our own miners,
in case Il became necessary, than to incur an