Rutland weekly herald. [volume] (Rutland, Vt.) 1859-1877, 1865-01-12
.aUTLAND HERALD. .
TUESDAY, JANUARY 9, 1855.
The Case OF the Florida

by court martial, for the seizure OF the |
pirate Florida in BraziliaH waters |
Secretary Seward in reply to the COM |
plalnts of the Brazilian Minister and
his demand that the reparation required
by international law be made for the
seizure says that the United States gov
ernment ciisavows and regrets the act Of
Capt. Collins that the latter will be
subiected TO court martial that the
Consul of Bahia will be dismissed for
having advised the acti and that the
crew OF the Florida will be set at liber-
ty. The Florida, he says, was sunk by
an accident for which, as at present ad-
vised, the United States government is
not responsible. While such is the po-
sition taken by Secretary Seward, he ae-
companies it's announcement with i'm
portant qualifications, as given below.
All loyal people we presume will rejoice
that the career Of the Anglo-rebel pirate
is sbrought to an end, Notwithstanding
the questionable manner, viewed in the
light of international law in which this
occurred 1t was, altogether, an "acci-
dent" over which few tears will be shed
by the North. Yet all will at the same
time feel that the interests and true dig
nifty of our government are best sub
served by full acknowledgment and rep
aration whenever the officers of the gov
ernment commit violation of interna-
tional law, however great the provoca-
tion as we'll as by strict and unyield-
ing maintenance Of our own rights when
taey are assailed. The rule with Eng
land has been never to avow any wrong
of her servants or make reparation
therefor if the nation offended were
weaker than herself. 1t has been entire
ly a question OF strength. This coun-
try proposes to establish a different
rule, as in this instance, making the
question in all cases entirely one of
Tgdt.
The folowins a,o ei'u osi'a"s,..-sa>--.-,
and qualifications referred to az embrac-
ed fn Secretary Stewards letter to the
Brazilian Minister
is, however, not to be understood
thai this Government admits or gives
credit to the character Of falsehood,
treachery and deception which you have
Brought against the Captain and the
Consul These charges are denied on
the authority Of the accused.
y on will also be pleased to understand
thai the answer now given to your rep
resentatiOn, rests exclusively upon the
ground that the capture of the Florida
was an unauthorized, unlawful and in
defensible exercise of the naval force OF
the United States, within foreign coun-
try, in defiance of its established and
duly recognized Government.
The Government disallows your as
sumption that the insurgents of this
country are a. lawful naval belligerent,
and on the contrary it maintains that
the ascription of that character by the
Government of Brazil to insurgent Citi-
zens of the United States, who have
hitherto been, and who still ar, desti-
tute of naval forces, ports and courts, is
an act of intervention, in derogation o
the law of nations, and unfriendly and
wrongful, as it is manifestly injurious
{ to the United States,
So, also, the Government disallOws
your assumption that the Florida be
longed to the aforesaid mentioned insur
gents, and maintains, on the contrary
that that vessel, like the Alabama, was
q pirate, belonging to no nation or law
full belligerent, and, therefore, that the
harboring and supplying Of these pratt
cal ships and their crews in Brazilian
al ports, were wrongs and injuries fo
which Brazil justly owes reparation t
the United States, as ample as the repa
ration which she now receives from
them. They hope and confidently ex
pect this reciprocity in good time tt
restore the harmony and friendship
which are so essential to the welfare anC
safety of the two countries.
In the positions which have thus as
sumee, the Imperial Government will
recognize an adherence to rights which
have been constantly assumed, and al
enduring sense of injuries which hav,
been the subject of earnest remonstrancO
by the United States during the las
three years. The Government of Bra
xil is again informed that these posi-
lions of this Government are no longe
deemed open to argument.
IL does not, however, belong to Cap
tains OF ships of war of the United
States or to the Commanders of their ar
mics, or to their Consuls residing in for
eIgn ports, acting without authority o
Congress, and without even Execufiv,
direction, and choosing their own time
manner and occasion, to assert tn,
rights and redress the wrongs of tn,
country. This power can be lawful,
exercised only by the Government O
the United States.
7 AS member of the family of nations
the United States practice order, no
anarchy, as they always prefer Lawful
proceedings to aggressive violence O
retaliation. The United States are happ,
y being able to believe that Brazil en-
tertains the same>sentiments.