The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1869-04-19

2l0S To this excuse the answer is explicit.
The damages suffered by the United states
are twofold-indIvidual and nattonal-beIng
In each case direct and proximate, although
in the one case individuals suffered. anu IN
me other case the nation. II Is easy 10 see
that there may be- occasions where, overtop.
ping all individual damages, are damages
suffered by the nation. SO that Tep9Iat1On to
!nLulV!uuas Wouh pc Insufficient; nor can
because 1t IS large, or because the evidence
with regard TO IL IL different from that in the
age must be proved by the best possible eyi.
dence, and this Is all that Law or reason can
require. In The case OF The nation, the evi-
partial history Will record the national Losses
from British Intervention, and it Is only rea-
should: not be excluded from Judgment.
Because the case Is without precedent
because no nation ever before re-
can be no reason why the case
should not be considered on the evidence.
Even the rule of The common law furnishes
no impeachment, Tor our damages are the ma
tTIraf Consequence OF what was done. But
the rule OF the Roman law, which Is the
rule OF international Law, Is broader than
according to the Digest, IL what
ever may have been lost or might have been
nnitt 0oest, Qudntun4ue ~
cTuTf P0tUi;;" and this same rule seems to
prevail IN the French law, borrowed from the
Roman law. This rule opens the door for
ample reparatton for damages, whether IN
or national. There is another rule
of the common law, in harmony with strict
Justice, which is applicable to the case.
md II in the law relating TO nuISanceS,V which
provides that there may be two distinct pro-
first, in behalf or individuals, and
secondly, in behalf OF the community. OBJ
viously, PREPARATION to individuals does not
supercede reparaL1on to the community.
The proceedings in one case IS by action at
law, and in The other by Indictment. The
reason assigned by Blackstone for the latter
ID, "BecauSe the damages beIng, common TO
all the Kings subjects, no one can assign his
particular proportion OF it, 6 Black. CON-,
r. 2l9) But TINS Is the very case with regard
10 damages sustained by the nation. a IA
miliar authority furnishes an additional IL
which Is precisely in point:
mo person, natural or corporate, can have
an action for a public nuisance, or punish 1t;
but only the King IN his public capacity Oh
supreme governor and pUtcr;E IniiIiQS OF the
Kingdom. Yet this rule admits. OF one ex-
cepuon, where private person suffers some
extraordinary damage beyond the rest of the
Kings subjects. Law Dict. art.
Nuisance.
Applying this rule TO the present case, the
way IS clear. Every British pirate was PUB
lie nuisance, involving the British Govern
Inent, which must respond IN damages, not
only 10 the individuals who have suffered,
but also to the National Government, act:
Ing as E1dteT-IdHliIisS for the common good OF
all the people. thus, by an analogy Of the
common law, in the case of public nut
sance, also by the strict IuIe of the ROMAN
law, which enters 50 largely into lntcrna-
tlonal law, and even by the rule OF Tue conf
whe her Individual or nation III, aIe the just
subject of claim. 1t Is not who say this; II
Is the law. the colossal sum total may Oe
seen, not only in the losses OF individuals,
but IN those national losses, CAUSED by The
destruction OF our commerce and the pc
lOngaLtOn of the war, all OF which may he
traced directly 10 England.
-'illud alb un0
Corpora. ct ex una pendebAL OrIgine bellum.'
Three times is this liability liked; first, by
the concession OF ocean belngerency, open
Ing TO the rebels shlp-yards, IOunderleS aid
aud giving 10 them flag on
the ocean; secondly, by the organization OF
hostile expeditions, winch, by admission III
were nothing less than pratt
cal war on the United States, with Engiand
as the naval base; and, thirdly, by welcome,
hospitality and supplies extended TO those
pirate ships III POI Is OF the British empire.
show elmer or these, and the Liability oil
Is complete. SHOW thu three, and
this power Is bound by triple cord.
CONCLUSION.
Mr.. President, In concluding these re-
marks, desire to say that am no VOiuu-
teer For several years have carefully
avoided saying any thing on this most lIrI-
Eating question, being anxious That neg )tl4-
lions should De lett undlsturDed TO secure
which could be accepted by Il
deeply Injured nRtlQn. The submission OF
the pending tleAty TO the Judgment OF the
Senate left me no alternative. 1t became
tee, ana to review the whole subject. II
failed to ind what we had right 10 expect
and, II the just claims OfOur country assum-
Ell uneX pecLed proportions, 1t was not be-
cause would bear naId on England, but be-
cauSo wish most sincerely 20 remove ali
OF STRIFE between our two cSuu-
IIleS and 1t Is evident that this can he done
only by INST AScertatnInS the nature and eN-
tent OF difference. In tins spirit have
spoken to-day. II the case against England
Is stIOng, ana If our CLAIMS are unpreceuenI-
ell in magnitude, IT Is only because the con-
duct OF THIS IOWer at q trying period was
most untrlendly, and the Injurious COuse-
QuenceS OF this conduct were on scale cor
responding to the theaIer of action. Life
anu property were both swallowed up. leav-
ing behind U ue6p-SeaIeu sense of enormous
wrong as yet unatOned and even unaclnOW-
ledgeu, which Is one of the chief factors in
the problem now presented TO the statesmen
OIL both countries. The attempt 10 close
this great international debate without n
complete settlement is little short OF pue-
rile. With the lapse OF time and with min
ute consideration the case against England
becomes more grave, not only from the
questions OF international responsibility
which II involves, but from better coInpre-
henhion OF the damages which are seen now
In their true proportions. During the war,
slOle to state them. The mass or Il noun
tain cannot be measured at Its base. The
observer must occupy a certain distance, and
this rule OF perspective Is justly applicable
to damages which are vast beyond prece-
dent. "A few dates will show the progress of
the controversy and how the case enlarged.
Going as far back as Oth November, 1852, we
hnu our Minister in London, Mr.. Adams
calling for redress from the British Govern.
ment on account OF the Alabama. This was
the mild beginning. On the 23d of october.
1868, IN another communication The same
ment "any lair and equitable form of arbi.
tranent or reference" This proposition
in the British Foreign Once for
nearly two years, during which the Ala
bRma WAS pursuing her piTatiCnl career,
when, on the 3 9th of August, 1885, 1t was
awakened by Lord Russell, only TO De
down with these words:
In your letter OF october Is, 1863, YOU
were pleased to say that the Government OF
the United states u reany TO agree to any
TVS Government must. therefore. decline
either TO make reparHtiOn and compensation
for the captures made by the Alabama, or TO
refer the question to any foreign state"
Sucn was our repuISe from England, haT-
Ing at least the merit OF Irankness, II noIh-
Ing else. On the 18th OF october, 1859 our
Minister informed Lord Russell that the
United States had finally resolved to MAX
question SUM bered until the 27th OF August, |
1861, wnen Mr.. seward presented list of in |
claims on account OF the pirate Ala |
DanlH. From that time negotiation has con- |
tinued the ups and downs, until at last the |
pending treaty was signed. mad the early
OVertuIes OF our Government been prompt
~ accepted, or mad there Leen at any time a
lust recognition OF the wrong dOue, doubt
not that this great question WOu. ID nave been
Setuedi but the rejection OF our very moder-
ate propositions and the prOtracIed delay
W mich afforded an opportunity to review The
case in its different bearings, nave awakened
The people TO the magnitude of the interests
involved. II our demands are larger now
Than at our first call it Is not the only time
In history where such q rise has occurred
The story OF tho 6l6yl1 is repeated, and Eng
land Is the Roman king. shall these cIat ms
oe lquidated and Cancelled promptly, or al
lowed to Slumber until called into activity
by some future eXigancy: There are many
among us who, taking counsel of a sense OF
national wrongs, would leave them to rest
v ithout settlement, 80 as to furnish Il pTece-
dent for retaliation III kind, should England
dnd herselfat war. There are Inauyin Eng
land who, taking counsel OF a peTNeESe pollt- |
Ical bgOiry, have spuEDeo Them absolutely
and there arc others WHO, lnVoklhB u;
Doint Of honor assert that England can not |