The evening telegraph. [volume] (Philadelphia [Pa.]) 1864-1918, 1866-01-08

and compensation, as we have of Great Britain.
If they should capture Spanish vessels, would
our Government acknowledge its liability to
Spain in damagesG Such captures would bring
our Government to this dilemma; we should be
obliged either to abandon our claims on Great
Britain, or TO make satisfaction to Spain for the
INJURY done TO her commerce. 1t would be
preposterous for us to stand before the world as
maintaining one rule OF international law TO
apply TO cases in which we were sufferers, and
an opposite rule to cases in which we are ag-
gressOIs. |a y ~
II may perhaps be said that this dilemma Is
not likely to be presented in q practical shape,
inasmuch as the last mail from Europe brings
Intelligence that Spain has accepted the over
lures OF England and France for q reconciliation
between her and Chill. But this tender and
acceptance of good offices amounts TO nothing
unless Chill accedes to the terms the mediators
may propose. One party may begin war, but
1t requires two to end it. The war against Cnlll
was commenced by the proclamation of Admiral
PaTeja, and the blockade of the principal Chllian
ports. IL is now for Chill to determine what
she deems necessary for the satisfaction Of her
honor Until she accepts terms of peace, the
state OF war continues; and meanwhile, any acls
done In her interest and by her authority are
covered by all the protection which can be im-
parted by her beligerent rights. Vessels sailing
from this port may destroy many millions OF
Spanish property before Chill shall have accept
ed the terms which may be proposed to her by
England ard France.
The question is then forced upon us, as one
of serious practical interest, what are our re-
sponsibilities in view of this evasion of our
neutrality laws? As regards the particular
officers and citizens who have sailed on these
vessels they have acted in plain violation OF our
laws. and are subject to its penalties If they
should ever again come within our jurisdiction.
But we have no jurisdiction over them while
they are on the hgh seas, The right of Chill to
commission vessels-ofwar cannot be called in
question; a vessel sailing under the protection
OF her flag cannot be molested on the ground
that it has escaped from one OF our ports. Our
troll ooo oooHa ua n ictq MI a
marine league from our shores. Its officers. If
they escape capture by the Spaniards will pro-
badly become citizens of Chilli and very likely
be honored with commands in her navy. So
with them we have nothing further to do.
The only question likely TO call for govern
mental action is, whether we are responsible to
Spain in damages for the depredations on their
commerce these vessels may commit. If John
Bull were given to tricks, it would not be diff
cult to imagine this affair crafty stratagem,
set on foot by British instieation to compel us
to decide against our own claims. If the British
Government had furnished the money to fit out
these vessels, it would be good investment if it
should bar our own claims for indemnity. But
she certainly had nothing to DO with it.
II the question were new one, not compll-
Gated with our recent demands, there is little
room to doubt how our Government would de-
cioe it. Although our neutrality laws are strict,
we have seldom proceeded to extremities in their
enforcement. When Texas waged her war OF
independence against Mexico, our Southern citi-
Zens went, with arms IN their hands, to her
assistance; in the Canadian patriot war, North
ern citizens followed their example; the Lopez
expedition against Cuba sailed from New Or
leans; Walker had private support in the United
States in his expeditions in Nicaragua; but in
none of these cases would our Government have
acceded to claims for the damages inflicted by
those vioators OF our laws. When they had
escaped from our jurisdiction they merely put
themselves beyond the pale of our protection Gas
well as OF our punishIlent), and exposed them
selves to whatever the justice or the vengeance
OF the aggrieved nations might intlict.
One of the arguments most insisted on by Mr..
Adams, in his correspondence with LordgR Rus
sell, could not be used by Spain if she should
demand reparation for the injuries done by these
vessels. Mr.. Adams contended that the Con-
federate States could not be considered as a
naval power at all, as they had neither ports nor
access to the ocean. Whether this argument be
sound tallaclous it clearly is not pertinent to
the case of Chilli Chilli has always had flag
upon the seas, and though her six principal
ports are blockaded, she has some thirty or forty
lesser ones to which the blockade does not
apply, and to which captures made bv her YES
sells can be taken for condemnation. These
vessels will proceed to some Chilian port before
receiving commissions, which will shield them
from one of the legal objections made against
those of the South.
The case on which we have commented, and
the possibilities it involves, will be tdrned to the
best use if they shall contribute to that liberal
lty and moderation of views which ought to be
brought to the consideration of the unsettled
questions respecting the liabilities of neutral
nations. 1t is important for the peace Of the
the world that some rule should be esta-
blished which nations will be willing to accept
as governing their obligations ana responsible
ties in respect to acts committed by their cIti'
Zens without their consent, and which may here
after prevent such questions as nave arisen
between us and G reat Britain.
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The ReassembIine of Congress-The Re.