The Fremont weekly journal. [volume] (Fremont, Sandusky County, Ohio) 1867-1877, 1869-04-30

rth,t- Aegne.ed, without q single
csf - ~ p 9et NJ Golden, in the House O
,,,,.. saiioe "tne cruel losses" inflicted
~ -. - - .ot what Mr.. Bright called ''aid
wbss 80 .rt 70 the foulest ofcrimes or foi
- generous voice from Oxford Univer.
III. senoBncsd as a s'Asgrsnt and madden.
( Hfohg,' England simply proposes C
ahAnit the question Of liability for eindiviC
tai losses" to an anomalous tribunal where
chanoe plays its part. This is ALL Nothing
IL admitted even on this question no rule fol
The future is established; while nothing il
said Of the indignity to the nation, nor o
the damages 10 the nation.
0n an earlier occasion it was otherwise
Thefe is au unhappy incident in our relation
with Great Britain which attests how il
ether days "individual losses7 we're only 6
roinOr element in reparstipn for a wrong re,
ceived BY the nation. You all know from
history how in time Of profound peace, aad
only few miles outside the Virginia capes
The British frigate Leopard fred into the
national frigate Chesapeake, pouring broad
SIDE upon broadside, killing three personi
and woundiug eighteen, some severely ,anI
then boarding her carried of four others a.
british subjects. This was in the summer
OF 1907. The brilliant Mr. Canning, British
Minister Of foreign affairs, promptly Yolun.
teered overtures for an accommodation, by
declaring His Msiesty' readiness to take the
fatnole of the circumstances Of the case into
coDsi5eration, and ~to make reparation for
aHg alleged injury 10 The sovereignty Of ht
JEsited STATES, whenever it should be clearly
shown that snch injury had been actually
sustained and that such reparation is really
due" Here was a good beginning. There
aFas to be reparatiOn for an injury to the
Fetlona sovereignty, After years of pain
Eu negotiahon, the British Minister at Wash.
lngton, under date of November ,lSII, Of
tsred TO the United States three propositions;
FIRST, thedisavowal of the unauthorized act:
secondly, the Immediate restoration, so far
as circumstances would permit, of the men
tOrcibly taken from the Chesapeake: and
thirdly, afsuitable pecunisry provision foI
The sufferers in consequence Of the attack on
The Chesapeake; concluding with these
words:
These honorable propositions are made
with the sincere desire that they NAV prove
satisfactory TO the government Of the United
States, and l trust they will meet with that
amicable reception which their conciliatory
nature entities them TO- need scarcely
add how cordially Join with yeu 10 the
wish that they may prove Introductory to a
removal Of all the differences depending
between our two countries.-State Papers.
Foreign Affairs, Vol. III 500
adduce this historic instance 10 illustrate
partly the different forms Of reparatiOn.
Elere, OF course, was Teparation to individ-
usls; eut there was also reperation to the
nation, whose sovereignty hsd been out
ragged. There is another Instance, which is
not without authority. In 1887 an armed
N1Trc TIwr,ar Tfow,,I, -.
Just above the Falls Of Niagara aud burnt
sas American vessel, the Caroline, while
nIooIed to the shores of the United States
h.r. Webster, in his negotiation with Lord
Ashhurton, characterised this act as "of itself
wrong and offense to the sovereignty and
Tie dignity Of the United States, for which
e this day no atonement or even apology,
oas been made by her Maiesty's govern
pents all these words being strictly appli-
cfbie to the present case. Lord Ashburton,
m reply, after recapitulating some mitgat-
Ing circumstances and expressing a regret
that some explanation and apology for this
Oucurrazce was not immediatly made, -
Proceeds to say
Her Msissty's government earnestly
desires that reciprocal respect for the inde-
pendent jurisdiction and authority of neigh
b1ring states may be considered among the
hist duties of all governments; and have
TO repeat the assurance Of regret they feel
that the event of which am treating should
have disturbed the harmony they so aux
lously wish to maintain with the American
people and government - TYebster's FORKS,
v)l. vi, p. 300
Here again was the reparation for wrong
done to the nation.
looking at what is due TO US on the pres
emf occasion, we are brought again 10 the
conclusion that the satisfaction of individ-
us1s whose ships have been burned or sunk is
Only small part Of what we may Justly ex-
pect. As IN the earlier cases where the
NATIONAL sovereignty was iasulted, there
should be an acknowledgement of wrong, or
al least OF liability, leaving to the commits
sIoners the assessment Of damages only.
Ths blow inflicted by that fatal proelama-
hon, which insulted our national sovereign
tY-and struck at our unity as nation, fol-
lowed by broadside upon broadside driving
our commerce from the ocean, was kindred
IN character TO those earlier blows; and
wheu we consider that It was in aid of sla-
very, it was a blow at civilization ITSELF
Beeides degrading Hs and running our com
lmafce, its direct and constant influence was
10 encourages the rebellion, and to prolong
the, war waged BY slave masters at such
cost Of treasure and blood. Itwas a terrible
mistake, which eannet doubt that good
EBgishmen must regret. And now, in the
Interest Of peace, tits the duty of both sides
20 hnd remedy, complete, Just, and c0ncili-
atory, 50 that the deep sense Of wrong and
the detnment to the public may be forgotten
10 that proper satisfaction which a nation
loving Justice cannot hesitate to offer.
rt0l l., IL
reasonable accuracy. Ships burned or sunk
with their cargoes may be counted and their
value determined; but this leaves without
recognition the vsster damage to commerce
driven from the ocean, and that other dam
age, immense and infinite, caused by the |
pTOlongation of the war, all of which may
be called aGtioBQI in contradistinction to in !
diUidudl. Our national losses have been
frankly conceded by eminent Englishmen.
1 have already quoted Mr.. Golden, who did |
not hesitate 10 cali them "cruel losses.
During the same debate IN which he let /
drop this testimony, he used other words, |
which show how justly he comprehended |
the case. 9 You baUe been, said he Carry |
ing on todT from these shores toith tie UTitcd /
St1ses, and have been infiicting an amount !
Of damage on that country greater than |
would be produced BY many ordinary wars. /
1tis estimated that the loss sustained by the |
capture and burning of American vessels has
been about $4,000, GOO, or nearly Sd, 90 600. |
But dlts Is a small part Of the iniuYV l1hieh
has bees inflicted on the American marine.
We have rendered the rest of her vast mer-
camille property useless" Thus, by the tes-
timoDy of Mr.. Golden, we're those individ-
ual Losses which are alone recognized by
the pending treaty, only "a small part of the
injury inflicted" " After confessing his fears
with regard to "the heaPing uP,of gigantic
ntdteT5N grievance such as was then rearing"
he adds, in memorable words:
VssY0u have already done your worst
toward the American mercantile marine.
What with the high rate Of insurance. what
with these captures, and what with the
amount OF damage you have done to that
which is len, you have virtually made value
less that vast property. Why, if you had
gone and helped the Confederates by bonn
harding al the accessible seaport towns of
America, 8 few lives might have been lost
which, as it Is, have not been sacrificed, but
you could hardly have done more injury in
the way Of destroying property than you
have done by these few cruisers. [Hear
hear. T.
Applying this rule 70 the present case, the
way is clear. Every British pirate was a
pEblis ,luisanee, involving the British gov
erDment, which must respond in damages,
not only to the individuals who have suf-
fered, but also to the national government,
acting as pdter fanailiGs for the common good
of all the people. Thus, by an analogy of
the common law, in the case Of public
also by the strict rule Of the Roman
law, which enters so largely into interna-
tioual law, and even by the rule of the COM
mon law relating to damages all losses,
whether individual or national, are the Just
subject Of claim. 1t is not who say this;
Il is the law. The colossal sum total NAV