The Evansville journal. [volume] (Evansville, Ind.) 1866-1870, 1869-12-23


Government, to embrace within the
scope of the negotiation the same
agreement by the two Governments,
defining their respective rights and
duties as Deutrals in the case of the
other Government which has become
unfortunately involved IN war with q
third power.
Mr. Fish, on June 28th, wrote to
Mr. Motley that the President wished
that whenever negotiations or discus
sion on the subject of the Alabama
claims shall be renewed, they will be
considered IL the United States, and
be desires that at the proper time you
should convey this wish to the Minis
ter of Foreign Affairs. 1t is impossi
bic 10 say, at present, when that time
will arrive, but it will certainly have
arrived whenever the British Govern
meHt shall propose a discussion or
shall intimate q desire 10 reopen the
negotiations.
Mr. Fish. under date of September
25th. writes to Mr.. Motley:
When you left here on your mis-
sion the moment was not thought TO
be the most hopeful 10 enter upon a
renewed discussion Of the negotia-
tions with the Government of Great
Britain on the subject of the claims
Of this Government against that of
her Majesty, and you were instructed
to convey to Lord Clarendon the
opinion Of the President that sus-
pension of the discussion for short
period might allow a subsistence of
any excitement or irritation growing
cut Of events then recent. and might
enable the two Governments to ap-
proach more readily to solution of
their differences. You have informed
me that Lord Clarendon saw no OBJ
lection to this course, and agreed
with you that it would be well TO give
time for the emotions which had been
excited of late to subside.
ThePresidentis inclined to believe
that sufficient time may have now
elapsed to allow the subsistence of
those emotions, and that thus it may
be oppertune and convenient at the
present conjunction to place in your
hands, for appropriate use, q dispas-
sionate exposition of the just cause of
complaint of the Government of the
United States against that of Great
Britain"
Mr.. Fish continues with lengthy
statement of the acts and events
which disturbed the otherwise ami.
cable relations of the two Govern
ments, commencing with the precipi-
tate aud unfriendly action by the
British Government. in May, 1861, of
granting belligerent rights TO the in
surgents, and continued by the per.
mission fer fitting out of armed cruis-
ers against the merchant ships
OF the United States, which
were destroyed by their captors, who
had no ports of their own in which
to reft or condemn prizes, and whose
only nationality was the quarter deck.
The number OF our ships thus
directly destroyed amount to nearly
two hundred, and the value of prop
erty destroyed to many millions. Iu-
directly the effect Yss to increase the
rate Of insurance in the U@ited
States, to diminish exports aud i'm
ports, and otherwise obstruct domcs.
tic industry and pre- duetion, and to
take away from the United States its
immense foreign commerce, and to
transfer this to the merchant vessels
of Great Britain. Thus, In effect,
war against the United States was
carried on from the ports of Great
Britain, by British subjects, in the
name of the Coniederates. On the
land it was in like manner. The
munitions of war and wealth drawa by
the insurgents from Great Britain,
enabled them to withstand, yen
after year, the arms of the United
T. En rE al khsz
monstrances Of the Government OF
the United States were prompt. earn
est and persistent. The Queen s min
isters excused themselves by al
legged defects in the municipal
| law of the country. Learned counsel
either adduced that the wrongs com
/ mitted did not constitute a violation
Of the municipal law, or give sane
/ ton to the artful devices of the decree
to cover such violations of law; and,
strange to say, the courts of England
and of Scotland, up to the very highest
were occupied month after month
with the technicalities Of State Con-
stitutions in this respect, while the
Queens Government itself, including
the omnipotent Parliament, which
might have settled these questions In
one hour by appropriate legislation
sat with folded arms, unmindful of Its
international obligations, and suffered
ship after ship to be constructed In
| the ports TO wage war on the United
States.
We hold that the internationa
duty Of the Queens Government IL
this respect was above and independ
| eat of the municipal laws of England
It was a sovereign duty attaching tC
| Great Britain as a sovereign power
The municipal law was but a means
of Furnishing individual wrong Goers
the law of nations was the true anC
proper rule Of duty for the Govern
ment. If the municipal laws were
defective that was domestic lnconVe
nience, of concern only to the local gov
ernment, and for It TO remedy or not b.
| suitable legislation, as it pleased; bu
no sovereign power can rightly pleaC
the defect of its own penal statute
as justification or extenuation of al
international wrong done to anOthe
sovereign power. When the defects
of the existing laws of Parliamen
had become apparent the Gov
ernment of the United States earnest
IL entreated the Queens ministers Il
provide the required remedy, as i
would be easy to do by proper &C
of Parliament; bat this the Queen
Government refused. The Unite,
States, at an early day in their his
tory, had set the example of repress
ing violations Of neutrality to tn
prejudice Of Great Britain, by tn
Crown authority, and in the diseharg
! of their own national duty, withou
waiting for the assistance OF munich
pal statute. They afterward enacte
such statutes for their oWn conYe
nience and the attestion Of their goo
, /