The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1868-05-02
NEW YORK HERALD ATuRDAY, NAY wea-rRIPLB SHEET

ever. they cot wind Of correspondence be-
tween ham and A company cS,cu o. New . York
them largo ana no doubt important part Of this
hight but your earnest attention requested to SO
Nj. sewaras - New York snd frankly told him
that as the island had not been worked for some
Ssy would Ike Z get Sod q t aeS
could be assured Of government protection To
courage them to resort to the island unless they OBJ
tanned the consent OF the authorties-Of ST. Domingo,
and he advised them, as "a reasonable precauon,"
TO get that OF Hay also. 1t is not possible to mis-
understand this. 1t was distinct declaration that
n the claim OF St. Domingo should be transferred
ceive government protection-that is to say,
Mr.. Seward would In that event set up the title Of
| st. Domingo against the American title which the
sacred obligation OF legal trust bound him to vindi-
cate. II ne intended to use any foreign claim q
OF defeating that Of his country i was indeed
to their title far more easily than to
known that both were SO utterly unfounded
that mel her Hayti nor St. Domingo was
friends at New York understood exactly the mean
ing OF this letter. Very soon they informed him that
OF Domingo sUs ns asSn
to remind him that they had been expanding money
In the business and they expected the government
particularly after advising them how to get it."
II anything could aggravate the bad charac-
ter or this correspondence, 1t Is the fact that
Mr. Seward used the transfer which the New Workers
thus got from the DOmnicans under his own advice
the island The trustees Of one litigatng party assist
the other to shuttle the trust property into the hands
of third person, and then make that fact argu-
ment against the right OF his ceStuiQxe trust
When Mr. Stewards unfaithfulness to his duty be-
came clear there was no remedy left but ap-
ming card. We were to be silenced forever
by being informed that you had adjudicated
cison nor order signed by you or by himself, but
thing which he called memorandum" In an I'M
some reUort OF subordinate newer Exhibited to
US and stating that you had accepted the conclusion
OF that report IT was ai false You Knew nosnlng
on the subject nor was any report read to you and OF
course you had accepted no conclusion about it. This
you averred at the tme and my written exposure Of
of the attempted description Immediately afterwards
was placed on record by your own order 1t is i'm
possible to understand how you could sleep one
night without turning the perpetratOr OF this scuryy
trick out OF Office.
Thus far the secretary had managed the matter SO
| as to commit himself in nothing. II the money
against the United States and its citizens had been
successful the record would not have shown that he
had anything to do with 1t. He had signed report
made no order and expressly approved Of no act;
he wanted to run falsely without seeming to play
foul. But when the smartness OF his "memOran-
dunn" was detected 1t became necessary for him to
''swng around the crce'' and openly take his stand
maintain himself in this discreditabe attitude by
arguments which no man of average understanding
cOulQ uSten 10 WITHOUT disgust.
Mr. President, you have never seemed to feel that
this was wrong. You know the facts, but they have
apparently made no impression upon your moral
senslbities must insist that you consider them
more carefully and test the conduct Of your Secre
tary, not by his notions OF "higher lawn (Which
means anything to promote his interest or crafty
his passionsh but by the law Of the land, the prnc
pies Of natural justice and the rules Of good faith
will make 1t plain by an imaginary case.
Suppose yourself to be a tradesman, with all the
earnings Of your life and all the capital you bor
row invested in business from which you hope to
a FIJI and oYni lt
You are pursuing 1t successfully when your store
house IL broken into, your clerks and servants gag
You are undOne forever unless the public justice Of
the country will restore what you have lost. You
your property. Their leader has run away
and the subordinates are afraid TO- make
S 11s IN S
get warrant. You lay your case before the prose
cutting attorney Of the district You are obliged to
con1de In him because he alone has authority
does not pretend to doubt the truth OF
heedrul 'l steps, but puts you of A rom
time to time with excuses which you afterwards as
through weary days and weeks and months, and
wondering. all the time what this delay can mean,
been In colluson with the other party One Of his
friends has told him that your stolen property is
very valuable and he would IKE to appropriate 1t If
would back him in taking 1t. The attorney repeis
that he cannot encourage him to do this unless he
amazed as well as delighted to find the officer Of
the law their side which q thing they did not
When these facts come to your knowledge You are
naturally somewhat indignant, and you demand
The public prosecutor them has the insoence to- tell
you that the transfer advised by himself has put a
new aspect on the case, which changes your right
and his duty He does not expect you to be satisfied
with this paltry evasion, but to prevent you from
complaining to the court he informs you that the
Judge who must decide In the last resort has irrevo
cably determined the whole case against you
Not being disposed by this time to rely
inc the record for yourself and idnd no trace
OF any such decision. You interr0gate the Judge,
and he naty denies that he ever heard Of the sub
ject Your temper must be very phlegmatic IL this
would not stir it, but your Indignation would grow
stronger still the public attorney, who is paid
tice, should afterwards be found making
speeches or writing papers against you and
get the Judgment which he could not
get In any other way: This paper would be very in
complete It contained no netice Of the reasons
conduct. ! will state the nature Of the American
right and the secretary's grounds of objection to il
you to say whether he is 1t for the place lie occupies
There Is no rule Of international law better known,
more clearly defined and more universally acknowl.
edged than this-that the authority and jurisdic-
ton Of every nation are confined to the country in.
boundary the limit extends one league, or three
English miles, into the sea, and no further Be-
yond this you are on the high seas where all
peace OF mankind that some rule on the subject
should be made, and this which ] have just stated
has been universally agreed on 1t has not been de-
MED in modern times by any public man OF
respectable character. Congress has recognized
it by its legislation on captures; our courts
have constantly affirmed It,; the executive de-
partment has always acted upon it.; all the
Of the earth content to abide by IT. and il
is sustained by all writers at home and abroad.
st. Domingo herself has never been stupid or
knavish enough to dispute it, But Mr.. Seward VOL
unteers himself for 81. Domingo to assert that her
territorial jurisdiction extends by construction
OF law fifteen and q half miles, or more
than I've leagues, south of her southern.
most cape, and that, too, when he knew that she
could not reach that distance without going over or
around the territory Of another state.
An island wholly unoccupied and unused, lying out
in the high more than marine league from the
coast line of any nation, belongs while 1t remains
In that condition TO- one country much