The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1868-05-02


further west by capitulaon and thus he asserts was
settled q great question Of boundary and title.
All this LOOKS very learned and wise but there Is not
word or truth in 1t. There was no conflict between
Spain and Portugal concerning tue regions discOv-
cred by Columbus The Pope was not a referee or
umpire or arbitrator between them. In the decree
OF Alexander vi. Portugal il not named and it
Is expressly declared not to have been made
at the instance even Of Spain, but by the
GUS to that time Pope Nicholas " had given
the sovereignty Of Guinea to the King Of Portugal,
habitants. But neither of these DEGREES settled any
question whatever. BY "capitulati0n'' Mr.. Seward
probably means treaty or compact; but you are Ger
them, could give title to one another in
Of which they never afterwards took
The most of these Measurements are unimportant
here, except as they show how unreliable man Mr..
Seward Is. But his assertion that the question OF
title and boundary was settled by Alexander W.,
and that the settlement is now binding upon
us In favor Of st. Domingo aa arst wit osnnan re-
would not be conclusive If it were true.
In fact however, the Pope was as pow w
obscurest private individual. Boththe de.
crees were treated as mere utilities given by
Spain and Portugal. An other nations, whether
Dutch and the Danes determined their re-
spective rights in the west as well as the
line. No doubt 1t was intended to prevent
the disputes which were anticipated, but 1t was so
10 InaL emu LnaV any serious dCuelpC W
enforce it would have endangered the peace OF the
world. All the authorities pronounce it voluntary,
unauthorized and mistaken effort OF the popes to de-
eide matter which was not submitted to them and OF
which they had jurisdiction 1t relates to temporal
business alone 1t Is a direct contradiction to the law
of the world and true Catholic will tell you that
ne believes IN II as matter OF religious faith or
even church discipline.
Such are the results Of what Mr.. Seward ostenta.
tl0usly calls his hstOrcal research" The POpes bull
assigned Alta Vea to SPAN before Its existence was
known It was afterwards seen by Co
lumbus and q thousand other mariners, but
the Americans were the first to take possession
and put 1t to any real use. Therefore, says Mr..
Seward, st. Domingo, to whom 1t was not assigned
enables her to rob the American owners with
immunity Imp There neS,on is no doubt about the
whether Mr.. seward can possibly be ignorant
enough to misunderstood it. An American
Secretary Of state ought to know at least the ele-
to the everyday business OF his Office. 1t is your
duty to ascertain whether this gross perversion Of it
n ASK him h Ss19re ne you came
which they never Claimed 0 for tsemsclSesS
which in other cases were asserted by this govern
ment and admitted by its adversares to be false and
hollow. Why did he avoid all notice Of the numer-
GUS records OF his own department by which the alb
surdity OF his present position Is cOnclusivey
provedS In case our other guano islands shall
be pundered hereafter Will he take the side Of the
wrOngdoers agany To do 80 what lie as con-
sistent with his official duty in any other in
ClllS pcTudIS uC QOcS nOL nl0t IN couples WITH
anybody but Root or Webster or Clark: Probe him
still deeper Inquire whether he really believes that
the discovery of an island in the sea by the mariners
the Pope will constitute title paramount TO
that of the first occupant. See whether his
research" has extended as far as Vattel which s
generally considered the horn book of international
law. Get the volume, open at book /, chapter
xviii, section 2os, and read him the following
not acknowledge the property and sovereignty
of nation over uninhabited countries ex-
1 on IN Which has aSm n
or Of which it makes actual use In effect when
navigators have met with desert countries in which
those Of other nations had on their transient visits
erected some monument to show their having taken
possession Of them, they have paid little regard to
tnas empty ceremony a. 70 the regulation Of the pa
between the crowns of CASTLE and Portugal
He will hardly dispute the authority Of vattel but
he will make to get over 1t and his DOmincans
and their allies from che power Of the truth. On the
same page In n0te You will find reference to the
two bulls, and perhaps he i'll let you know how it
happened that he msrepresented every feature of
them in his report.
you that he knows no better you will, Of course,
show what mercy you think proper to such pitiabIe
If you find reason TO believe that he has wilfllly
tried to lead You into the commission of q great
wrong you will know how to deal with him. But in
either event YOU should send him hcadlOng from his
ONCE without the delay of an instant.
Mr.. Seward not only advocates the false title OF the
sert IL 10y treachery and violence after they had
knowingly acquesced for seven months In the Amer
can possession accompanied by large expenditures OF
see another person take possession OF your land
and build or open q mine upon It In the
bona dde belief that 1t belongs To himself, and you
give him no warning Of his mistake, you cannot
spring your title upon him, no matter how good IL
may be- after he has embarked his fortune in the
terprise. Your silence under such circumstances
expresses your consent as clearly 1t could be
pressed in words written or spoken. so to mislead
nations as wei as individuals by every civilized code
and by all the principles OF private and public
morality The perversity which refuses to under
stand so plain principle OF common honesty would
fail to see that wrecker Is doing wrong when he
lures ship to destruction BY burning false lights
the Shore The fraudulent silence OF the Domnicans
and the good faith OF the Americans were
facts well known to Mr. Seward, for they glared
upon him from every page OF the record. But this
does not in the least diminish his zeal for the Domn-
lean title nor dampen the ardor Of his efforts TO de-
feat the just rights of his fellow citizens The law Of
nations administered by him would be not means
Of promoting justice and fair dealing among men
but snare to catch the feet OF the unwary.
The controversy, Mr.. Seward says. IL between the
claimants who live In Baltimore and the lessees Of
the Dominicans who reside in New York: and both
these parties being American citizens you ought not
70 interfere. Look at tins for moment. Doinini-
cans wrested an island from the United states and
drove out the owners, thus committing q wrong
for which the sufferers had redress except through
the Executive OF their own nation. While the con-
sderation OF their complaint was delayed IN the
Department for Foreign Affairs, the wrongd0ers
made lease reserving rent or royalty to them
selves. Is the duty Of this government changed by
the mere fact that the offenders have agreed 10
divide the plumber between themselves and 0therst
Does II make any difference that the fruits OF the
iniquity are to be pocketed In part by Americans
In the controversy about Johnson's Islands IL was
regarded. and Justly regarded as great aggrava-
ton of the injury To the occupants attempted under
color Of Hawaiian title that IL was promoted and
sustained by Americans who expected TO profit by
IL; but In that case they had the grace 10
conceal their completely here II Is paraded with
shameless efYrontery. Indeed the had part OF this
instance and was essentially a fraud upon the rights
OF the true The lessons the essees and the
records conclusively showed--that 81. Domingo was
leasing property TO which she had not shadow Of u
title. But Mr.. Seward says that the Intervention OF
question and 81. en- q remedy In the courts.
We would certainly be very glad to have the decision
Of our rights RENTED TO an honest and impartial
Judge, If that could he DONE But the trouble is here,