The daily phoenix. [volume] (Columbia, S.C.) 1865-1878, 1869-06-09
S Tho Alabama Claims.
We copy the following from the New


New YonK, June 1, 1869.
!. 70 The Editor of R.e Herald: Events are
culminating which must speedily bring
about o solution Of the question whether
Great Britain intends to indemnify this
country for the losses to her shipping
aud commerce committed by vessels OF
war built and partially equipped by Bri-
tish subjects in English ports, and, as it
now appears from the written statement
of the builders, openly and notoriously
built with the knowledge and under the
very eyes Of her Majesty's responsible
advisers. The facts now established
simplify the question and sweep away all
the intricacies and technical difficulties
with which legal hcumen md perverted
construction of the British Enlistment
Act had smothered and surrounded it.
England has always sought to Justify the
non-seizure of these vessels in her native
and colonial ports, upon the ground that
the provisions of her municipal act did
not empower her to adopt such course.
Earl Russell, then first minister of
the crown, has recently discovered that
the fault lay upon the temporary inca
pncity of his legal adviser. The cele-
brated Alexandra" case was tried in the
hope of vindicatpg the impotency of
British law. 1t was sham trial.
England has INDUCED in sham trials.
To crafty this third Napoleon, DIR. Ber-
nard was indicted for conspiring in Eng
land with Orsini to assassinate the
French Emperor. Lord Palmerston iu-
trodnced an &c post Jacto law to meet the
emergency. Parliament rejected it upon
the principle, nolumus leges Anglice mu-
tnri, and his administration collapsed.
An obsolete, dusty Act was exhumed
which had no application to the case, the
Jury refused to convict, the Emperor was
appeased, and the law remained ms be-
fore, powerless to punish the offence.
England vaunted to America and to
France, "Look, we have endeavored to
enforce our laws, but we are unable to
punish the authors of the wrongs Of
which you complain" Assuming, how
ever, that the provisions of the British
enlistment Act, honestly enforced, did
not reach the offence com united by the
Lairds and Others in building, equpping
and arming vessels for the open and pal
pable object of preying practically upon
the commerce of a country then at
peace with England, what was the course
which, had the friendship of England
been sincere and impartial she might
have adopted?
allude to point in this great qucs-
ton which, according to my recollection,
has not been mentioned by the press of
either country-certainly not prominent
ly mentioned-in the course of the dis
cussion. If the statement of the Messrs
Lairds be trne, the Government was
made aware that the Alabama was being
constructed to carry ont tho objects it
afterwards accomplished. Without ask
ing an admittedly incompetent law officer
| to peruse the provisions of their muni-
pal Act and advise whether the guilty
enterprise was in violation of the neu-
trality laws, the Government Of its own
authority might have seized tine vessels
IN the course of their construction, or
interdicted their egress from any of their
ports, and have applied to Parliament
for indemnity. Precedents for such an
act are lnnumerable. In the case of pub
lie and international wrongs, not pro
hibited by positive enactment, such n
course has frequently been pursued, and
Parliament has never refused it's in
demnity. England would have done SO
with respect to France or any other Eu-
ropean power, md why not with respect
to the United States?
l was in my place i'll the House of
Commons when, in thin and inatten-
tive assembly, Lord John Russell an
nonnced that he had advised the Queen
to Issue proclamation according belli-
gerent rights to the seeded Southern
States.
Thoughtful men deemed the step hasty
and premature. 1t was not, as L then
believed, intended as an act inimical to
this country, but it produced incalcnla-
BILE mischief and prolonged the fratrci-
dal war. Among the aristocratic and
wealther classes strong feeling of par
tiality to the South was evinccd, and
many, when they subscribed to Confede-
rate loans, risked their money on the
hope that the great republic would crum-
bio into fragments.
In addition to the strong grounds al
ready existing to claim ample indemnify
for the losses thus sustained, l venture
to think that the non-ndoption of the
course suggested strengthens the posi-
ton, and through the medium of your
columns [ submit it to the public
War between the two countries is pos
sible, but not probable. The interests
of civilization and the world will com.
bine to avert such catastrophe.