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

poets II the oy citizens those States his sovereign
a,ine al srir, syhcS henas ' ~o Powers who feel
mutual esteem and have sense OF their moral IN
government 20 appoint commissioners on their side win
on wat rea>1n and Justice demand.
In December 1890, the Chevaier Amado Grehon
transmitted 70 Mr. Adams copy of twelve CLAIMS, with
lis furnished by the Chevalier Correa de Sierra
IN Ami 1922 the same minister repeats the proposal
made in July, 1890
of having chosen by both govern
neniS Tor the purpose Of arranging III. indemntes Justly
due 10 Portuguese citizens for the damage which they have
& ct1ens II The uni.ea staessn ESSENTIAL
dion which, 10 this way repairing the past secures also the
On the 25th Of May 1850 the Charge d'Anaires OF
Portugal writing the Secretary of State Of the United
states, declares
ing with the Secretary of upon the subject and TO
submit the youminous documents and In his posses
soners or aroators appointed by the American govern
ent on the part and the undersigned behalf Of her
MaJesty's government, on the other, &c.
Having thus related the complaints of the Portuguese
government during the years which elapsed from 1919 to
ls22 and from 1922 10 1850, will now give from the
organs of the United States the which that gov
eminent 20 these solemn and reiterated complaints
the Portuguese Minister al washington an Act of Con-
gress passed the Sd of that month"; to preserve more
eeclnay the neutral relations OF the United States On
the l4th Of March, 1915 in answer letter complain
ing OF the capture Of three Portuguese ships by prva-
tecrs, Mr.. Adams says
The government of the United having all the
their ports to cruise against any nation with
sy az ad n carried Tie @
pacific obligations OF this Union consider itself bound
.pe
IN o1 bo Iih s naS
ths there We're no Other the inability TO provide
statements which in Portugal and Brazil well
IN for
IN damages for the prosecution and trial of the
alleged should the parties within the urisdo
ton Of the United States there courts Of admiralty
punish oairases which may be duly proved and to
brought within jurisdiction and found upon judicial
curry 10 have been taken y the manner by
OF the American government extend no further.
The Secretary of State in subsequent letters promises
to prosecute in the United States persons charge
able with violation Of the laws Ct the United States in
lifting out and arming vessel within the United States
for the purpose of cruising against the subjects Of the
Queen OF Portugal.
A COMMISSION DECLINED IN THE PORTUGUESE CASE.
10 the proposal to appoint commissioners made n
july 1920 the United States Secretary of State the
3oth Of September OF the year. replies follows
The proposal contained in Of the 10Th Of July last
with all the elaboration due to the friendly relations sub
disposition manifest the undertaking principles OF justice
By by, Which this gosernme animated IL Us intercourse
am directed by him to inform you that the appointment
most faithful Majesty upon the Subject to which your letter
relates would not be consistent either with the constitution
o the United States or with any practice usual among
iizcd nations.
He proceeds to say
II Portuguese subject has suffered wrong by heact Of
citizen OF the United States within their Jurisdiction II
s before those tribunals that the remedy sought and
committed out Of their jurisdiction and beyond their control
the Of the United states not Responsible To
been party the duty and policy o. the United States
has been TO observe perfect and impartial neutrality
L. els. nl.a,
Grehon in letter dated April 30, 1922
the same directed the proposition
IS J he ae sr a Of ay
70 arrange indemnites claimed by Porugess
by them by q paccs supported by the capital
S Ss s "d ass s be Ss
nation Is responsible to another for the Of lis citizen
its control.
The policy OF the United States Is further explained
despatch Of Mr. Secretary Adams 10 General Dearborn
dated the 25th OF june 1872 II Is there set forth that
in the critical state of the relations Of the countries
II Is necessary to employ the agency OF person fully
qualified to represent the interests o the United States
II s affirmed that whenever Portuguese captured vessels
have been brought within the jurisdiction OF the United
states DEGREES Of restitution have been pronounced.
In referring, however 10 the lists Of captures and the
demand Of joint commission 10 determine and assess
the damages be paid by the United States the former
refusal was thus repeated
A there precedent for the appoin
capture had been alleged for which the United
nothing further heard the subject until the LIST
Charge Of Portugal leading 20 earresponaenee
copies OF which are now furnished YOU.
THE DEMAND FOR 4 COMMISSION RENEWED AM
AGAIN REFUSED
The correspondence 10 have been resumed
I'LL 1850 when as has been shown, the demand for
commission repeated.
The Secretary OF State OF the United States thereupor
gave this summary and final answer, dated May 30
1861
The undersigned 10 surprised a the temperance o
.ssss obsolete accompanied BY the renewal
,.rmlne and assess. dsmagss proposition which was re
he ns s % snS
not have supposed credible that Portugal seriously
The ns,s which the Minister Of her faithful Majesty has pre-
now blythe Prrsdents order inform him that be decline.
reepening the prolrered discussion.
This despatch is signed John N, Clayton
long aud able despatch OF the Portuguese Minister at
Washington recapitulatng all the grievances OF Portugal
dated November 1850 does not appear TO have
STORY or rHE DUTY or NEUTRAL NATIONS
The practice Of the United States courts during this
of South American colonies against Spain and oru
gal have been confined 10 the restitution of
prizes actually brought into the ports Of the United
States The doctrine Of the OF Justice upon the
subject was thus laid down by Justice Story In pro-
nouncing the decision Of the supreme Court in the
of the Ams,ad de Rues Is Wheaton, y. 3ssI, speak.
ing Of the cases OF damages, he says
when called upon by either OF the belgcrents act In
:ln e. As. % . w s and ss
asylum the property unlus,iy captured u Is bound
therefore, restore the property fonnd within Its pOts
but beyond this u not Obliged to ncpose between the bel
go end u pse' S. We're Ssew',s there would
neutral prize tribunals. They would be compelled 10
decide IN every variety OF shape upon marine
~ and ~ ps,sossa between bellgerents, without
possessing adequate of a-ccranng The real facts
compiling the tendance foreign witnesses and thus
they would draw within their jurisdiction almost inol.
dent OF prize. such Of things would
create iraiions and aniinoses and embrpil
neutral nations n all the con,rosersc. and hoslcs Of
conflicting parties Considerations ~ public policy
therefore, IN aid Of what consider The law o nations
this subject. ant add at Congress- Ia It's iegss
ton, has passed the limit hat j. here marked out
To the effect r. the doctrine laid down by the
supreme Court In the case Of the brig Aletta,-
neutral nation may. u disposed without breach Of
her nentra character grant perm los 70 both belgeen
20 EQUIP their vessels otwar within her Territory. But
aueh permission the subjects ~ such belgrrent powe
have right equip se sol war, increase aug
their urccs either with with within the
territory ~ swh neutral nation such Unauthorized
violate her sovereignty and her rights neutral All cap
made by Of such elunncns illegal w r.t.
hton 70 such nation, and Z e9mpcen Q her courts 70
punish the offenders md the prizes taken by her
brought nina prpsifi1, 20 order them De- restored.