The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1865-10-26

surqent cruisers It appears to me- confess that the
course pursued by her Majesy's government tended
more eie'naly to discourage nsurg nj cruisers than
that pursued by the United States.
PUTTING A CASE.
But as TO the principle involved let ask you, sup
posing merchant passenger vessel belonging 10 the
United states We're 70 to the coast o. Madagascar and
"ere .herc 10 meet ship from Boston with cannon ana
muskets and the merchant ship being then armed were
q take part against Brazil the between Brazil and
paraguay--et me ask, say, whether your government
would think themselves bound TO afford reparaton 10
brazil Tor AL the captures made by that ship Ya sRh
IS the cdse f0e Shcncndoch.
IL seems TO her Maesiy's government that II the liza
pIi,y OF neutral nations stretched thus FAR, this
burthcnsome and, indeed most dangerous
maritime nation whose people occnpy themselves in
Constructing ships and cannon and arms might be made
responsible Tor the whole damages Of In which that
nation had taken no part
= am thankful Therefore Mr. Adams for having in
1878 1920 and 1922 shielded maritime powers by hts
elusive argument from such alarming liabilities
AMERICAN LAWS on ENGLISH MODELS.
iou say, indeed, that the government OF the United
guese Minister
But forget that the law thus altered was the law of
1874 and that the q 1918 then adopted was in fact
80 iar as u was considered applicable TO the circum
stances and institutions Of this country the model OF our
Foreign Enlistment Act Of 1919
surely then It is not enough say that your govern
ment at the request Of Portugal induced Congress to
provide new and more str ngent law for the purpose Of
such a law. Had the law of the United States OF 1878
not oeen already IN its main provisions adopted by our
new law; but surely not bound to 90 making
new laws dd mfnitun, because new occasions arise
INADEouAcY OF BRITISH LAWS.
The fact IS, this question Of a law frequently
discussed but the conclusion arrived at that unless
the existing law after sufficient trial should be proved
70 be practically Inadequate the object in view would
not DC promoted by attempt at new legislation The
existing law has in fact nor proved Inadequate, when
circumstances OF strong suspicion have been so far
anshed as to Justify the government In ordering the
detention Of the suspected vessels and it Is by
certain that any possible alteration Of the law would
enable more TO be done In the way of prevention than
this That power exercised in the of the
| IN the Mersey and OF tho Canton Pampero in the
ana IN neither case has the power exercised peen
censured or revoked either in court OF law or by any
vote of Parliament
II be said persons of high authority in Par.
lhent nave sad that the executive OF the
united Kingdom exercised in these cases an Illegal
power my answer is that whatever force such
ment might have in court Of law in Parliament. it
can nave none in the mouth OF Secretary Of State OF
the United States. For whether exercised legally or H.
legally the power equally effective in protecting tho
commerce and the harbors OF the United States against
| ships built and equipped in British ports.
EXCLUDING THE PIRATES FROM BRITISH PORTS.
win respect TO orders 10 refuse entrance into our
ports to all ships partly fitted up in the United Kingdom
for the service of the Confederates, there extreme
| difficulty in giving any such orders
during the South American civil II was found
practicable to bring TO New York Boston witnesses
prove that South American cruiser had been built and
armed In Baltimore But carry witnesses from Liver
pool TO Nassau or Jamaica prove the building Of the
Alabama at Brkenhead would have been fruitlcss
effort
To produce copy OF a conviction OF the Alabama
impossible, as she had escaped conviction by fight to
carry witnesses to the Cape Of Good Hope to Melbourne
owners had violated the Foreign Enlistment act
equally ont OF the question
NO less impractcable would IL been 10 say to
governors, .fou may admit the Alabama, you may adj
init the stonewal but you must not admit the Florida"
| REFUSING COMPENSATION OR ARBITRATION.
In your letter of the 23d OF October, 1861 you
pleased to say that the Of the United States
n ready to agree TO any form of arbitration
Her Malesty's government have thus been led to con-
State to whom this very great should he assigned
appears to her Maies,ys government that there arc
but two questions by which the claim OF carupusaop
could beestsd The one Isl Hare the British government
acted 10Th due diligence, in other words 9Th good faith
Gained The other Isl Have de s officers u lie ero,cm
property understood he E1eign Enisoent ad when aey
dcine ~ June, 1862 b ddrtse the dasiion and seizure
Of the Alrhamd, ard other occdsions sohn they
porsS
II appears to her Maestys government that neither Of
these questions cstid be put 10 foreign government Nth
and the British nation.
Her Maiesiys government are the sole guardians Of
thew o'cn hno, They cannot admit that they may have
acted with bad faith in maintaining the neutrality they
proessed The law officers Of the must be held to
be letter Interpreters Of British statute than any oregn
gorerament can be presumed D. De- Her Majesty govern
ment must therefore, dsriine either % make PREPARATION
and compensation or The captures made ~ The Aiabama,
or 70 r.tr ne qnesft9n b any foreign State
Her sajesty's government conceive that IL they
TO act otherwise they would endan9r the position Of
! fra,s ia al future wdrs
\ WILLING TO REFER TO A COMMISSION.
Her Maicstys government arc however ready 10 con-
sW 10 the appointment Of commission, 10 schich icH be
rered all claims 0risng during Me late crii Wor Which
hefco Poocrs shall agree refer 10 the copnissioners
/ SOFT SOAR.
cannot conclude without taking this opportunity 10
ask 70 Join with her Maiesys government In rejoc
ing that the has ended without any rupture between
two nations which ought TO be connected by the closest
| bonds Of amity.
The government Of the United States have carried on
TO successful issue with great forttude and perseve
rance a civil war Of unequaIed magnitude.
In tho course OF this they have resolved 10 abolish
slavery. The British nation have always entertained,
and still entertain the deepest adherence Of laws by
which mon OF one color made slaves Of men OF
another color The efforts by which the United States
government and Congress have shaken OF slavery have
therefore, the warmes sympath Of the people Of these
kingdoms.
The same sympahics will accompany the President
and Congress- Of the United states In endoavorng TO
eoreanze the southern States the basis OF equal free
4 dom.
Noris there any question in dispme rhich likely
disturb he friendship Of tho ndtions, whFh. the lin
Europe and tho other In America distinguished fer
their love OF liberty Let two nations therefore,
stead OF capous discussions respe ne hsor and teipe
IN the friendly Intentions Of each other In this
We may preserve uabroken the ties OF peace and
else beneficial influence the future desiines OF the
nations OF the word. RUSSELL.
Mfnlster Ada ms IN Earl RusselI.