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

er,.neu = y " ', IN recc dscisiems
This makes part whatever Of the erounus has
never been as 70 what the Judicial tribunals nave zone
or failed TO do. II turns exclusively w" -
neutral soperament 70 peo Is ,eaisey Of repres Ay
se1rant wrcro, 1rouca eraing and IN III rset
Of failure u those means by NC aae1s" y o ,ohich
The resnonsSily enailed upon her Majes' - aavsrs.
ment In the present instance has always - mod 10 me 10
grow out of the fecblenes OF its easnr oS prevention
q, The on,set ana s deliberate refusal "a tain an on
largement OF its powers after exist g remedies had
proved unayailing,
SApEouAoY or BRITISH LAW AGAIN SHOWN UP.
With respect that portio, sf your lordst ms note
which appears defend the EXISTING legislation as hav-
ng really proved Adequate beg leave only 70 remark
that il Sufficiently answered. by the fact that you pre-
coed 70 specify Ia proof n u mainly those in which
her Majesty's government Is admitted to have taken
responsibility Of action beyond the law Whilst Ihave
always ready TO bear testimony the eminent
utility Of the action for which your lordshp appears
have ASSUMED grave responsibility, am at a loss TO
perceive how this dmnishes the force OF the reasoning
which would seek from the legitimate protection of the
law OF the land that performance of obligations which
appears depend only the courage of the minis
ter 10 transcend is limits zsct
And here must pray permission 20 dwell moment
Rpon one passage Of your ordships note which has
cited strong sense Of surprise, say astonshment
In order that may by possibility guilty any
construction of the meaning OF tho language take the
liberty with your permission, TO transfer tho very words
yousay indeed that the government the United
%n the Jaw At the urgent request OF the
1884 that the of 1913 then adopted was in fact
far considered applicable the and
s Of se country 'hs model OIL our F0res" En-
tSe request Portugal Induced Congress provide
new and more stringent l. for the o. preventing
the law of the United States of 1873 already its
soaab have asked to make new law but surely we arc
not bound 70 90 on making new laws nd inf ans because
II do rightly comprehend the sense Of your lord
Ship pray be corrected when it to be that
argument drawn from the precedent OF The Of
my government in enactng new law to meet the re-
monstIance OF the Portuguese minister has force in
supporting the representation make in the present in
stance because these provisions OF American cgis
aon have been already long since substantially adopted
by Great Britain in the Enlistment act the very act
which Is complained Of Ineffective. In other
words your lordp appears TO take IL for granted that
Great Britain having already passed law stringent
and effective that OF the United States Is therefore
justin in declining any proposal TO go amending it,
II this be In verify yonr position, must pray yonr par
don if hazard the remark reply that you cannot have
gwen the respective statutes in question the benefit Of
that careful collation. which the occasion would to
require II you had done so you must have noticed that
in point OF fact they materially uni Ike. The British
law your ordshp States enactment OF that Of
the United states but il does not adopt all Of ts main
provisions" as yon seem to suppose Singnlary
enough it entirely oms those very sections which
were originally enacted in 1877 as temporary law the
complaint of the Portuguese Minister, and made
permanent in that OF 1878 il is in these very sections
that experience has shown reside the best pre-
vcntive force IN the whole law do not doubt as had
the honor to remark in former note that If they had
been also Incorporated into the British statute, large
portion of the undertakings Of which my government
justly complains would either have never been
menced, Or if commenced, would never have been
crted. Surely it not from any fault Of the United
States that these provisions OF their own law
failed 10 find place in the corresponding legislation OF
Great Britain. But the occasion having arisen when the
absence some similar security was felt by my govern
ment to be productive OF the most injurious effects
cannot hut think that not unreasonable your
lodship appears to that il should hope to
willingness IN that of Great Britain TO make the recpro
cal Legislation still more complete. In that hope IL
destined to be utterly disappointed Her Macsty's gov
eminent decided not to act or that decision II Is no
part of my duty to complain The responsibility for the
injuries done to citizens OF the United States the SUBJ
jecs Of friendly nation by reason Of this refusal 70
respond, surely cannot be made with them II
appears therefore. necessarily to attach TO the party
making the refusal.
NEW ERA IN STANDARDIZATION IN THE
RACE.
But if the example thus set by her Majestys govern.
ment should come TO be generally adopted and the pn-
ciples OF neutrality which rests be recognized as
part OF the code OF international law then IL Is not
difficult to foresee the probable consequences
err in HE rea inns neat all to elgert on III h1h seas
rW open Neutral ports in that will before long
become tho true centres from which the most effective
and dangerous enterprises against the OF bc
gercnts may be contrived htt ont and executed Tho
existing restrictions upon the exploits Of daring advcn
turcrs VIII RAPIDLY become obsolete and viii
be adopted. Ships, men and money viii always be at
hand Tor the service OF any Power sufficiently strong 10
hold forth probability of repayment in any FORM
adro enough to share OF the popular sympathy
in us undertakings. New Foridas Alabamss and She
nandoals will appear If such be the recog.
nized law ,cA nj uaderdk. 10 ct7,ai nat he conaty
ale 10 acc mn,odae itself % The ,e,c circumstance a,
Great Bsifaia. Whilst cannot but think that every
moderate statesman would dcprecate such change
which could hardly fail TO increase the hazard OF lamen
table comrl cations among the great maritime powers
cannot sc an escape from It, If nation itself posses
sing marine numerous and extensively dispersed de-
cides TO lead the way
Entertaining these views appears scarcely necessary
for to follow your lo-dshp further in the examina.
ton of details of former precedens either in English
American history am happily relieved from any such
necessity by learning the conclusions TO which her
Mtte.t Unt tnha~ inrf tn
decl ne The proposal of arbitration which had The honor,
under instructions to present in any FORM for reasons
assigned by your lordshp, nevertheless am hapDy
be informed that
Her Maesiys government are ready TIE
po,ntmen. Of commission TO which shall be referred al
shall agree refer 10 the commissioners
AWAITING FURTHER INSTRUCTIONS.
hare taken measures 10 make knocn at TIE eoriet
moment Ills proposal t. my ggps,nment ard ,hop kpr
missitn 10 o'cs the return IF Instructions Lcre grin9
reply
Disclaming all authority express in advance any
opinion on the part of my government pray, al The
same time, your ordships attention to single crcnm
stance whch, without previous agreement upon the
great principles of International Involved this
rsy May raie fc1y the may Of Accepting the
p opod. Al first glance II would appear r IL werc
in substance idcnticaiy the same with that long ago
made by the Portuguese government to that OF The
United States The essence OF the returned in
that happens TO have lately passed under your
eye since IL is found Incorporated in your ordships
note. trust cannot be suspected Of a desire 10
imply that In taking this step her Naesys government
could have sou hi to appear c,t-r proposna the
one hand measure ,oiicL Il fore an us be deiined or
he otter, Which u ,ptsd cmdd Je dcccp,sd
only otfe risk csa,ge IF di oroving n rieus ron
ST., iona, or int not,na lar ents famed W govern
ps ia former time II indeed be that In this view
| may, after explanation, lind that have misconceivcd
the nature OF ypr orahps proposal the view which
my government will take Of II, in which pray Won
to the suggestion and consider II made with
authority and solely in the hop Of elcng such
PLANTATION
take great satisfaction in concluding this by cor
daily responding to your lordships request
70 on with her Nitestys government oicing that
tho has ended without rupture between
watch ougb, - be connected ~ the closest bonds Of gni,y
likewise receive With great pleasure your lordship's
that the efforts by which the government and
Congress " NY country have shaken ~ slavery "havc
the warmest sympaihics OF the people OF these king.
dOns