The New York herald., 1868-04-03

citizens OF any other government previous " .iv
American possession OF it, An earlier occupancy py
any other nation individual Is not asserted even q.
the State Department. The preence that ts stuatIon
subjects 1t by mere construction OF law 10 the yuis
dicfon OF ST. Domingo will not be set up by any IN
telligent person who has decent respect Ior rutl
OF all nations on the earth St. Domingo has le ,es.
show OF claim To It, for ii not only lies outside OF ner
territorial waters and is wholly unconnected Win
any part Of her dominion but the territory OF announcer
nation the Haytien island Of Beata) Is between IL
and her.
on this desoate unoccupled and apparently useless
kew Captain Kimball, then engaged In the service OF
Messrs. Patterson MurgniOndO, OF baltimore, dis-
covered q deposit OF guano. BY the hw OF nature
and Of nations, as well as by the act OF Congress,
they had right to appropriate 1t. Tney dld SO:
They took open possession in the name Of the United
States, hosted the American nag, sent down large
capital in the business OF working it. They had
been seven months on the island when the Domini-
cans came upon them, 'presumptuously with guile"
captured their workmen whom they kept Tor q
month In cruel captivity, destroyed the property and
broke up the business OF the American owners.
Messrs. Patterson Murgni0ndo and the persons as
sOciated with them are entirely ruined. They are
all now bankrupt solely In consequence OF this out
rage upon their rights.
These parties were entitled to the amplest protec-
ton ofths government without reference to the act
Of Congress on the subject Their business was
lawful and they were prosecuting 1t without injury
to the rights OF any human being. If an American
citizen establishes and pursues any useful branch or
trade on naked, uninabited island of the ocean he
cannot be disturbed there. violent aggression
upon him on an island 30 situated IL an injury to
him and an insult to the United States as gross as
would be Ii committed on board an American vessel
navigating the high seas. The nation that submits
to such wrong without seeking redress must be-
come utterly contemplate at home and abroad.
But the guanO trade was so important to the agr-
cultural as well as commercial interests OF the coun
try that i was thought worthy Of special encourage
passed, which secures to dscOverers an exclusive
right in the guano they may find, provides mode
Of making their acts matter Of public record and ex
pressy realrms and pledges over again the faith OF
the government to prevent crimes and protect the
pcsits were creme held and WORKED by Americans under
the principles Of public law before 1855, and many
more have since been taken. We have now ffty-
eight in all In no case, except this one, has any de-
partment Of the government shown the least
hesitation about enforcing the rights Of the owners
Now let us assume for one moment that st. Do
mngo had title Did she not lose all right to assert
1t by encouraging the occupants to spend their
money time and labor on the Island 1.-THE belief that
the title their own Could she stand silently by
until we were so far embarked in the business that
to stop it was ruin and then spring upon us claim
which she had dishonesty concealeds Every one
who has the ordinary instincts of just man will
answer 'No." In all the codes OF every civilized
country and In the public law Of the world 1t is an
tnhexble rule that he who violates good faith by not
speaking out when he ought, shall not be permitted
to speak when he would. II you look on while ex-
penditures are made on your 1aud by person who
does not know that IL Is yours you cannot afterwards
take 1t from him; his title is as good in equity as II
mslead man by your deceitful silence and then
ruin him by taking advantage Of the ignorance
which your own frauds has produced; This This rule
plies as strongly to nations as to private parties
But Mr. Seward asserts that the sufferers In this case
are not entitled either to restitution OF the property
to damages for the losses inflicted upon them He
justies the Domincans In all things. He is either
ignorant that law and common honesty required the
DOminicans to give warning OF their title or else he
acts in total disregard Of that obvious principle. On
the one suppositOn he Is mentally and on the other
he is morally unfit for his place.
But the DOminicans had title or color OF title.
They never exhibited any specific claim either before
formally called on to show their right they were
able to give no definite answer The pretended title
now set up for them, clumsy and false as 1t is was
II is very natural to inquire here why the Domini-
cans, II they had no right, should commit an mex
cusabe outrage like this since they could scarcely
hope to do 1t with mpunity keep the fruits of 1t.
single fact will pluck the heart out Of that mys-
terry. Santanna President Of ST. Domingo had stipu-
lated to sell his country to the Spanards for sum
OF money, and 1t was demanded of him, as condi-
ton precedent, that he should drive the American
nag from Alta Vela, its proximity being considered
Incompatible with the purposes they had In view.
Santana performed his contract got his money and
true that certain Spaniards cast covetous eye on
the treasures Of Alta Vela and looked about them
they could not assert a claim Of their own, and
Hayti the nearest neighbor Of Alta Vea, would not
lend herself to the fraud. st. Domingo was the only
catspaw that could be used, and she was brought
TO IL only in consequence OF the corrupt ascendancy
of the Spanish influence for the time being. SO the
owners were expelled, and then the American Secre
tary OF state consented, for some unknown reason
not only to abandon the duty he owed his own
country but to become the instrument of the wrong
dOers in getting up excuses which they had not the
hardhOOd to offer for themselves. The government
OF Spain never assumed any responsibility IN this
business, but letter from Mr.. l.. T. Clark (p 5gj
asserts that the island Is now claimed by company
OF New York spectators under u spanish lease con-
Nothing can be clearer than was the duty Of this
government when 1t became known that American
citizens had been thus robbed. The first thing to be
done was restitution. To that end Mr.. Seward
should have made TO the ss'.s"t r.v.t simple and
truthful report or the facts. Until the pr. YES were
Placed ace IN statM q.o all negotiation out q place
he should fha enGaas :" ass w'n oat s% Hsr
wv" .use. At the least and the lowest, II he w"",
enlist against his country and his relioS citizens he
currences will shQN you Low he conducted the
defence of the ,,funderers
Whlle ne, amused ths owners OF the island with
prolnise To rsp0rs and with apologies for the delay
he was 81 correspondence with certain New York
genirmen, who frankly told him that they wanted
rier right and OF government protection in taking
it away. Mr.. Seward, by his assistant replied that
he could not encourage them in resortng to the
island for that purpose unless tney could get the
consent OF st. Domingo, and advised them to get
that Of liay also. Thereupon they got the consent
Of st. Domingo and informed Mr.. Seward of IL In n
communication which he has suppressed. After
wards, becoming alarmed at u newspaper para
graph they wrote Mr.. Seward to remind him OF his
Implied promise to them and to tell him how much
they had expended on the faith OF II. "We have
done so,' said they, feeling satisfied that our gov
after informing ns how 10 obla.n Il. To tbs
Mr.. Seward unblushingly replied IN the very teeth
OF his first letter. that it the trs was "a warning to
all persons that they would deal with the subject AZ
their peril.n You will find this correspondence
pages $3.50 OF the Senate document. II shows that
he encouraged and impliedly promised his approba-
ton to purchase from 81. Domingo which he must
have known could never be carried into eject with
out depriving Patterson n Mirgniondo OF rights
which his obvious duty required him 10 vndicate and
protect While he was pretending to consider how
the owners might be restored to possession he had
already taken the other slde and the false side in
his correspondence with outsiders, who acted upon
suggestions volunteered by him.
Why the Secretary changed his attitude and denied
that ne meant what was plainly imported by nis
letter 10 Mr. Root explained In the letter addressed
by me TO the President on the 1th Of August last
(p. 5i). Mr.. seward sent me mcmorandumn that the
President had accepted the conclusions OF report
said TO have been made by somebody IN the depart
ment Although this was senseless on its face 1t was
easy TO see that IL would be used az some future time
TO prove adjudication by the President against US
for the "mem0undumn coald be applied 10 any
report which might afterwards be got up; But