The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1869-07-03
NEW YORK HERALD. SATURDAY, JULY 3, 1869.


territory east OF that island upon what possible
pretence can it be held that the boundary was de-
sgned TO DC one whicn would not ony give them
thai isand Dut arge and valuable possessions 10 the
east9 And then, how can Il ne thought tlaI inc
American negoNas0r, WAC was acquainted WIN inc
extent oi the 8ri1ish demand would nave aereeu "
a boundary greatly enlargng tts area, ana acanooh
iof his country valuable territory 20 winch tle
British government made no pretence 10 ttieY for
these reasons, and there are others when might DC
used To The same end believe IL TO be morally GER
tam that the enlightened arbitrator to whom the al
Iusnent OF the dispute Is LETT by tne convention OF
the l4th OF January VIII render Judgment IN favor
OF tue nted states.
In regard to the third, the claims convention.
shall obliged 10 occupy more Of yonr time: Ia
he frst place, the spirit OF The age would condemn
a resort TO arms on the part OF tle unted Sta,es
upon the subject OF these CLAIMS If an arrangement
could be made providing for jdst and enlightened
determination OF The questions wnich they Involve.
THIS evident from resolution unanimously
adopted by the represe natives VI AL the great POW
ers-rnclullng, OF course Great BrItan--who as
senDled PARIS 1866; for that resolution declared
..that IL the wish Of all present that whenever
any serious difficulties Shall arise between tw ma
tons there shall be recourse 10 arms until the
mediation OF some friendly Power had been invoked
to see whether these dinlcuitleS were not by some
means otler capable OF adjustment" III ID lot,
therefore, for moment TO be thought possible that
the United states wOud desire 10 declare war upon
| grounds which the judgment OF the world would
pronounce Insufficient aud as contrary TO the Chri'-
ilan civilization Of the age; but IT, contrary TO this
supposed nlpossibinty such remedy should be re-
sorted to or The redress Of the wrongs Ia question,
would it end ~ that redress One Oh the certain re-
| dent and great necessary increase Of the taxes
which would be required TO meet 1t and maintain the
faith Of the government, and this at moment when
are necessarily subjected to greater exacons for
| such purposes Than our people nave berore known
And another equally certain result would
| be TO inIure cur national reputation In the
| worlds opinion. And then, what should we
require to compensate in any manner for such nju-
rlos conseo uencea2 Would the losses sustained by
our citIzens by the acts OF tue Alabama and other
| lnsurgenr cruisers be made goody Would the SUP
| posed injury TO our national honor be wiped orr
IlnlA W. N a
war; and who IN advance can predict what That Ter
| mination would Der The power OF England upon
| nota land ana ocean Was never greater than az
present. Her steam navy has oeen brought TO such
| state OF perfection That IN speed 8nd other GILL
cal marine, therefore. or toe United States at sea
when the war declared would IN all probability be
certain Victims while that which Was Ill port II sale
there against the attacks OF the enemy, would De
| useless TO Their owners. Can any one believe
that this government, now Wiling to settle
! these sputes upon Just and honorable terms,
| through the intervention OF commission for
q friendly arotfatiJn could be made TO agree, AZ the
close OF such war, 10 any otner mode OF settie
mentY We might, and no doubt would, II that were
possible our military and naval iaine put
| the Alabama losses would be unllqudatet, and be
| found at the termination OF The war, as regards
Them, in the same c0ndilion as wnen the war com
menced. War, therefore, beng OUT OF tne ques0on
and this government refusing to pay me Claims re-
ferred TO untn their iabilty fixed by arbitra-
tlOu, they must remain unsatished unai such an
arbitration results in their favor 1t Is also TO be
borne In mind in the consideration Of the conyen
ton thai by entering into ii the Two questions which
the United States have from the fst insisted should
be submitted this government has agreed to submit
As have stated Lord RiSse refused 10 arbitrate 1T
ALL and afterwards when Lord StaD.ey became
Foreign Secretary he refused 60 submit to arbtra
ton one of the questions the alleged unauthorized
recognition Of beliigerent rights. This question:
however, as W ell as the question whether this gov
| eminent has observed Their neutral obligations in
suffering the Alabama and other vessels 70 be built
and escape from their ports, VIII De botn before the
commission and the umpire. That their decision
Will be III favor Of tue unlIed States do not doubt
The reasons for this conviction Will briefly state
First, the recognition OF bellgerent rehts-the his
tory OF tue world furnishes Instance VI speedy
recognition 10 the case OF revolutionary efforts
subyert existing government At the time
1t was made the insurgents hal no port
| within when to build snip OF war, large
| or small, nor the power to get her out
| il she was built, nor had they any port to which
they could carry ship that they might capture as
prize Of. war for condemnation IN court OF adm
| raity. As . war measure resorted TO simply for
the purpose OF suppressing the insurrec.ion and
insurgents. the President OF the United States de-
clared certain ports under the physical control of
the insurgents t0 be in state OF blockade, and to
prevent the inhumanity OF the Strengthening Of
prisoners he agreed from time 10 time u exchanges,
but in this, again, without the slightest view OF adj
hitting insurgents possessing any legal rights
Whatever The object OF the blockade being the re-
preston OF the reDelilon and TINT being apparent
from the history Of the hour this government must
have known that We iar from according 10 them
any national existence. surprising then, that the
| proclamation OF the fresident was known 10 this
government when they declared the insurgents to be
beihgerenis--a question Of tact which do not pro-
|
action OF this government; and Il IL was NOS
s case, the act IS one whIc6 bears pateriaIly
upon the question whether the government
Is not bonnd to indemnify lor the losses
| occasioned by the Alabama and other vessels
for then that vessel and n the Sh :, S c9aH
ports, as they wQuid have been IN tie estiIiaf6n On
Engltsh law Is Well as the law Of nations pIratical
vessels. They never, thereiete, would have been
the ocean, and !ne vessels and the cagoes belonging
70 American citizens destroyed by them wound have
| been III safety. Upon this ground, then, lndepen
dent Of the question OF proper aisencs, me o =,
| ~ be most apparent. Bat, secondly what d0u9t
there be that she Is unGer that obligation because
OF the absence OF proper diligence III the fuhlmcnt
OF her national dutes2 What Is proper dnigence Is
| mixed question OF law and TACT. ihat neutral
nation s bound 10 see tnat oellieerent with whom
| she Is at peace suffers no INJURY Is a ma
| uonal axiom. That she 49, therefore, bound to
! see that the other beilgerent Is not per-
United to ut out in ner ports vessels TO
| cruise against IT is necessarily trne. And what Is
diligence Ia sucn case Is equally wen settled. IL IL,
tina all the officers OF the government-thc govern
ment Delng responsible for the acts Of aii-shali
their powers to prevent breach Of neutral duties
with reasonable SKILL care and promptitude. If they
corruption. the government Is responsible for the
| consequences. Applying these principles to the
present case is IL not manifest that there fail
ure in the iuhne OF these du.ies for watch this
government IL feSponSbes First, IL was notorious
that the Alabama, originally known as No. $50, WAS
being built under the direction OF Captain Bullock,
| formerly an officer OF the United States Navy, but
then Ia the service OF the insurgents. There was
! not q man OF any intelligence IN Liverpool wDo was
not aware OF IT, and the oifcers OF the customs az
| that port must have known 1t. Possessing tnat
| knowiedge, Notwithstanding and seeing tue vessel
| progressing 10 completion, up TO the moluent when
| she eft port they took no steps to arrest
| her, bat even assuming that the government
itself was not Responsible for the misconduct oil
thelr suuaerns, uueSS facts were brought 10 their
| own knowledge. Their responsibility Is equal =
| clear. THIS Is obvious from few facts which can
| not be controverted. Before the Alabama was con-
| structed another vessel, called the Oret0, Intended
! 10 prey upon the commerce OF the United states.
utted out at the same port AZ early as the 18th
OF February, 1882. The fact was brought to the NO.
| tice OF Lord RUSSELL In despatch RON Mr.. Adams,
and ms Lordshp's attention was afterwards lnviled
10 t more than once mp to the period OF her SAILING.
The 6ttng out OF Tire Alabama aud her pratical puf-
| pose we're especially called 10 tue attention OF Lord
| Russell by despatch from Mr.. Adams dated the
sd OF June, 1867, and facts communicated 10 ms
Lordship. when rendered IL certain That she was to
cruise In hostility TO tho commerce OF the United
| States. The vessel sailed on The 18th o.
July Of the same year. ana no attempt was made II
! the interval 10 arrest her. In the meantime, too
| accumulated evidence transmitted 10 his Lord
| snip establishing the TACT II possible sun more