The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1869-06-04
From the Boston Post. { Dem.l

paid a visit to Gen. Butler, at Low-
ell, yesterday. We began, after talk
ing of "minor matters" to discuss the
present condition of
THE ALABAMA CONTROVERSY.
And this, among other things, Is
what Gen. Butler said of ii:
There are two points which have not
been sufficiently considered in the con-
troversy about the Alabama claims, in
regard to the status OF the question, as
far as affected by the too great haste
that England was in to give belliger-
ent rights to the South. One is the pre-
am BILE to Mr.. Lincoln's proclamation,
which recites in substance that, where.
as, the Confederates are about arming
privateers and issuing letters Of marque
against our commerce, that therefore
this proclamation OF blockade is issued
to shut up their ports and render 1t i'm
possible for them to do mischief. This
would seem to allow the Confederates
belligerent rights on the ocean, because
otherwise the proclamation against
them should have been against them
es pirates. But we are still more seriI
ously compromised in this question by
the decision of the Supreme Court OF
the United States, In the case of Nor
gan against the Equitable Insurance
Company, which was a suit brought TO
recover policy of insurance which in
sured against lawful capture but not
against piratical capture. The vessel
for the taking of which this suit was
brought was on the Mississippi river,
and party of Confederates boarded 1t
and captured it, alleging it to be
prize of war to the Confederate States.
The insurance company resisted the
payment of the loss on the ground that
this was not lawful, because the Con-
federates had no belliSerent rights on
the waters. The assured set up The
plea that the proclamation of block
AIDE gave 1.-The Confederate, belligerent
that the blockade was pacific block.
ade and recognized no such rights in
tie Confederates-taking precisely the
ground that Mr.. Sumner does In his
speech to the effect of the blockade in
that regard,
How did the Court decideH" in
THE SUPREME COURT AGAINST SUMMERS
THEORY.
THE Court held that the Contederates
had such belligerent rights as to make
this lawful capture, which, OF course,
could not be, unless the Confederates
had belligerent rights on the ocean
thus overriding General Cushing's ar
gument.'
What was the date of this capture
before or after the Queens proclama-
tion?'
1T was on the 9Th of May, 1861, If I
recOllect right he said, eleven days
before the proclamation OF the British
Queen, so that we are concluded upon
this question as far as the decision of
the Supreme Court is concerned-on the
question of belligerencY on the ocean
u fact that the English lawyers will not
be slow TO take advantage of II we put
our case solely upon the question
whether England was in too great
haste
OUR RECOGNITION OF BELLIGERENT
RIGHTS.
'How soon were beliigerent rights re-
cognized by our Government on the
lamar
THE frs: exchange said General
Butler, was made on the 10Th day OF
June, at Fortress Monroe. That ex-
change recognized them rs belligerents
on the land
Didn't Seward practically recognize
them as belligerents before tha,?' l
asked.
Seward he answered, had recognize
ed them as belligerents only by the
proclamation of blockade, and after
ward, when some of them were seized
as pirates for captures made on the high
seas and were TO be tried, the cases
were stayed by order of the Govern
ment.'
When was this General7'
About the tims OF the Queens proc.
lamation.'
- told me that Chief Justice Chase
said that we could not stand i've min
utes before any Court in Europe on the
legal positions of Summers speech.
What do you think about it,
'Of course that must be so, because
we are estopped from pushing the ar
gument by the Judgment OF our Su~
preme Court"
GENERAL BUTLER's POSITION.
What is your position, them en-
CURED.
Il insist STILL said the General, "that
the safer proposition to put our case
upon is that the whole action of Eng
land was part of her policy, and In
consequence OF her desire to break
down this Government
by England you mean the English
Government The people, except the
ruling classes, were surely friendly
enOugh?'
Il mean tho Government, OF course.
England had two theories-one was to
establish a Northern Confederacy to
curb us in the North, and to establish
a Southern Contederacy which could
curb US in the South, and thus to con-
troll the trade of the Continent
WAS 1t not true, I asked, that at one
period OF the war France proposed to
England to recognize the Southern
Confederacy And don't you remember
the statement that, at that time, Rus
STA had declared her Willingness to do
so ii England could be induced to join?'
4 don't understand replied Mr.. But