The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1868-07-19

bolt is hurled at England. An that various
tSaa in.4 ON which 80 much depends-alI
so INFINITELY to the wants Of Seach~all that
sapPhg and all those steamers traversing the
oIslness by which the two peoples are woven to-
ge.nel as In mighty loom-all these must be
The next power conferred on the President is like
uhto the nrst in its abnormal character 1t s nothing
less Than authority, in his discretion to make re-
prsals by seZing innocent foreigners happenlnq to
ne IN the United States. The more this is con-
sldered the more 1t must be regarded with
aistrust Reprlsals belonged to the incidents OF
war In the earlier ages, before civilization had
tempered the rudeness OF mankind.
4. am unwilling TO occupy time on matter which
that enlightened reason which is the landmark Of
civilization; and yet the present effort will Justify
exposing the true character OF reprisals as seen
IN the light OF history. Reprisas were recognized
by the Greeks, but disowned by the Romans. Ac-
cordlng TO Bynkenshock, who is so much quoted on
the law OF nations, there is instance of such wick
edness in the history OF that magnanimOus people,
nor do their laws exhibit the least trace OF it, Byn
m1 su Pub cap a. TINS is
the whole agency. 1t is OF the more weight as the
author is our auserest authority questions OF the
law OF NATIONS According to him reprisals are no
thing less than ''wckedness unworthy OF a magnan-
| nous people" During the middle ages and after
wards reprlsas were In vogue, but they
have never found favor. They have been constantly
reprobated, even when sanctioned. They have been
excluded by safeguards and conditions. In treaty
between Cromwell and the States General there was
stipulation against reprsas. "Unless the Prince,
whose subject shall conceive himself to have been
injured shall first lay his complaint before the
sovereign whose subject is supposed to have COM
United the 'tortous act and unless that sovereign
shall not Justice to be rendered TO him within
three months after his applications (Bynkenshock,
ibid.)
In the early days reprisals were directed against
it was done with hesitation, only in cases free from
all doubt, and after ample appeal to the sovereign
ior jdsce Against persons It was done more surely
OF international law to the touchstOne OF reason,
asserts that all reprsals are indicated by custom
rather than by nature His language is that 'this
rule Is not indeed, authorized by nature, but gen.
orally received by CUSTOM" sGrotius book 8,
chap. g. paragraph A. Since then the tendency
mas been to a constant mitigation Of the
rule, even without furthering this discussion
with cases which are numerous, 1 give the
summary OF Wheaton In these wOrds:-''It appears
to be the modern rule OF international usage that
property OF the enemy found within the territory OF
the government or individuals at the commencement
OF hostilites are not liable to be seized and cOnfsca-
ted as prize Of war;" (Wheato n's Elements, Law
rence's cost p 529.l This rule, which s applicable
10 the condition Of things on the breaking out of
war, attests the care with which the modern law of
nations watches the rights OF individuals and how it
avoids making them suffer. Thus, even debts are
not liable TO seizure. How much more should an in
nocent person be exempt from any such out
regard TO persons and property that we are i'm
pressed still more by its benignity. Here quote first
mOre, the author OF the very elaborate and candid
treatise on the law OF nations, full of various
learning after admitting these reprisas, strictly
speaking, affects the persons as well the
goods, proceeds 10 say that "ln modern
tunes they have been chiefly confined TO goodsn
lie then adds in words worthy of consideration,
that at is to be hoped that the reprisals OF persons
has fallen, with other unnecessary and unchristian
seventies into dsuse and certainly to seize travel
ers by way of reprisas is breach of the tacit faith
pledged to them by the State when they were allowed
TO enter her borders" PhIllimore, Law of Nations,
VOL 8, cap. p The same enlightened conclusion Is
expressed by Dana In his excellent notes to
Wheaton, as follows:-"The right Of reprsas is not
the practice OF modern times discountenances the
arrest and detention OF innocent persons strictly in
note, If we look at the reason OF the modem rule
which spares persons, we shall find it in two differ
ent considerations each OF controlling authority
First that an innocent person cannot be seized in
foreign country without violation OF the public |
faith; and secondly, that no private individual can
ment. on the first head vatte speaks as follows
''The sovereign declaring war cannot detain |
there subjects OF the enemy who were within his do
rhey came into this country on the public |
laith. BY permitting them TO enter this territory and
ana perfect security for Ser a Soos
second chapter Is, S44 BOOK third, chapters 4, 49,
n R aS sense ascR says
cepted from such liability" (Haleck International
Law page 1921 The other reason was assigned by
the British government in relation to the
Caroline, having acknowledged the act Of
Mcleod IN burning Inc caroline ron as their act
the individuals engaged IN II could not be held per-
sonally responsible He added words worthy OF
memory at this juncture:-"The President presumes
that II can hardly he necessary TO say that the
American people, not disrustful Of their ability to
redress public wrongs oy pubic means cannot de-
OF is declared TO have been act OF the
government tself.' Weighty words by which our
country Is forever bound. (PhillimOre vo. SPACE 5)
The same principle is adopted by Halleck IN his text
book when he says:-'No individual is justly
cbarceabe with the quit OF personal crime for the
ft no nf no is n m m
(Haleck's International Law, p. 2a6) All these au-
thorites furnish us The same lesson and bear
against the present prepayment.
Another argument may be found In the extent to
which reprisal on persons has been discarded by
modern precedents. u IL denounced not only by
authority, but also by practice. have already said
that the proposition 10 suspend commercial relations
is without an example in history. The other propo
sition IL without an example since the hateful act OF
the First Napoleon, condemned afterwards by him
SELF when, during the sh0rt-lived peace OF Amiens
he seized innocent Englishmen who happened to be
in France and detained them prisoners pre-
cisely as is now proposed under the present
bill. Among these Englishmen who became
Lord Elgin, on his return from Constan
tnople where he had been ambassador;
also the famous sir sidney smith, the hero Of Acre
both OF whom at the time were passing through
France. There was also an ingenious scholar Of fee
BILE health but exquisite sttainments, Joseph For
sythe author OF one OF the best books written on
Italy; he TOO, was seized In the preface to his adj
mirabe work his family have recorded the outrage
read It YOU would know the judgment that awaits
such a transaction.
Mr.. CONFESS took the floor 10 reply. lie said the
Senator had given learned dissertation on a sub
jec not involved In this b that the history OF the
bll was wei understood well "a the reluctance OF
the senator TO report 1t 10 The Senate Connected
with TINS, he went on To say, the iortuit0us anu
suspicious declarations OF LORD Stanley, received
yesterday 10y the cable, which renders this bill en-
TREY unnecessary, To which agency we should be
most Obliged. tue graclOusuess OF Lord Stanley
or the Unity OF the cable, perhaps, would be mat
ter OF curious reflection. 1hst they have both In thus
instance contributed Is stated the appeal of the
honorable senator frOm Massachusetts,, who con-
ducts as Tar as relation can conduct our foreign AZ
lars. The honorable senator. discussing this bill,
treats us To dissertation on the question OF re-
prisals pending war. This bin, SIR, does not con-
template war; II IL not proposed 10 produce
war. it Is not intended TO regulate the action OF
our nation, or To elect other nations I'm case or war;
hut II does propose, sir that there shall be American
statute laws Tor the protection OF naturaltzed citl
Zens IN foreign states who shall have been arrested
ard Imprisoned. aud thus deprived ~ their rights
aud lOtriics contrary TO the digny ~ this nation.
Mr.. CONNsss read and explained The provisions OF
the bill a. passed 10y tue house including the last
section. which authorizes the President 10 make re-