Western Reserve chronicle. [volume] (Warren, Ohio) 1855-1921, 1869-04-28


/ in other times England contributed
| to continental wars were less effective
than the aid and comfort which she
contributed to the rebellion. 1t can
not be said to often that the naval
base of the rebellion was not I'm
America, but England. Mr.. Golden
boldly said in the house of commons
that England made war from her
shores TO the United States with an
i amount OF damage to that country
| greater than in many ordinary wars y
I According to this testimony, the con-
duct Of England was war; but it must
not be forgotten that this war was car
ried on at our sole cost. The United
States paid for war waged by Eng.
land upon the National Unity. The
sacrifice Of precious life is beyond
human compensation but there may
be an approximate estimate Of the
national loss in money. The rebel
/ lion was suppressed at cost of more
than four hundred thousand million
dollars, a considerable portion of
which has already been paid, leaving
twenty-five hundred millions as a
national debt to burden the people.
/ If, through British Intervention, the
war was doubled in duration, or in
any way extended, as cannot be doubt
ed, then is England justly responsible
for the additional expenditure to
which our country was doomed and
what ever may be the final settlement
Of these great accounts, such must be
the judgement in any ehaneery which
eOnsuhs the simple equity of the case.
Perhaps ought to anticipate an OBJ
! lection from the other side, to the eff
! feet that these national losses, wheth-
er from the destruction of our COM
meree or the prolOngatiOn of the war,
are indirect and remote, so as not to
] be q just cause of claim. This is ex-
pressed at the common law by the
rule that damages must be for the
natural and prOXimate consequence
of an act" z GreeRIeaf, EV., p. 30.
/ To this excuse the answer is explicit.
The damages suffered by the United
States are twO-fold, individual and
national, being in each case di-
rect and pr0ximate, although in the
one case individuals suffered and in
the other case the nation. 1t is easy
to see that there may be occasions
/ where, overtOpping all individual
damages, are damages suffered by the
nation, so that reparatiOn to individ-
uals would be insufficient; nor can
the claim of the nation be questioned
simply because it is large, or because
the evidence with regard to it is
different from that in the case of an
individual. In each case the damage
must be proved by the best possible
4 evidence, and this all that law or rea-
son require. In the case of the na-
\ tion the evidence is historic; and
4 this Is enough. Impartial history
will regard the national losses from
/ British Intervention, and it is only
! reasonable that the evidence of these
losses should not be excluded from
] judgement. Because the case IS with
out precedent, because no nation ever
before received such injury from q
| friendly power, this can be no reason
/ why the case should not be consider
ed on the evidence. Even the rule of
the common law furnishes no imped-
\ iment, for cur damages are the natur-
l al consequence of what was done
! But the rule of the Roman law,
/ which is the rule of international law,
/ Is broader than that of the COM
/ mon law. The measure of dama-
ges, according to the digest, is what
ever may have been lost or might
have been gained; qttdntltDl nlfIi
abest, qtdRtliBlqile eTdTi pOtIti; and
I this same rule scenes to prevail in
\ the French law, borrowed from the
Roman law. This rule opens the
door to ample reparation for all dam
ages, whether individual or national.
There is another rule of common
law, in harmony with strict Justice,
which is applicable to the case. /
I find it in the law relating to Ruisdnees
which provides that there may be
two distinct roeeedings-frst, in be-
/ half of individuals; and secondly, in
I behalf of the community. Obviously
reparatiOn to individuals does not
/ supersede reparatiOn to the eOmmun-
/ ity. The proceeding in the one case
/ is by action at law, and, in the other,
/ by indictment. The reason assigned
\ by Blackstone for the latter is 'tbe-
cause the damages being common to
all the kings subjects, no one can
assign his particular proportion of it"
/ (3 Black. Conn.,, p 2l9.) But this
is the very case with regard to dam
ages sustained by the nation. A
familiar authority furnishes an ad-
/ ditional illustration, which is precise
" in point:
''NO person, natural or corporate, can have
an action for public nuisance, or punish 1t
/ but only the King In his public capacity OF
kingdom. Yet this rule admits Of one ex-
ception where a private pe-sOn suffers some
extraordinary damages beyond the rest Of
the Kings ublects..-lTomlin's Law Dict,
art. Nuisance.
Applying this rule to the present
case, the way is clear. Every British
pirate was a.PlsbIic nuisance, invol-
wing the British government, which
must respond in damages, not only to
the individuals who have suffered,
but also to the national government,
acting as Ddter JdRlilids for the COM
mon good of all the people. Thus,
by an analogy of the common law, in
the case of q public nuisance, also by
the strict rule of the Roman law,
which enters 50 largely into interna-
tiOnal law, and even by the rule of
the common law relating to damages,
all losses, whether individual .or ma
tiOnal, are the Just subject Of claim.
1t is nOtI who say this; it is the
law. Theeolossal sum total may be
seeen, not only in the losses of indi-
viduals, but in those national losses,
caused by the destruction of our COM
meree and the prolOngatiOn of the
war, all OF which may be traced di-
reetly to England
fIIud alb uno
COrpore, ct ex una pendeebat Origtne bellum
Three times is this liability fixed;
first, by the concession of ocean bel |
ligereney, opening to the rebels ship |
yards, fOundries and manufactures,
and giving to them a flag on the
ocean; secondly, by the organization
of hostile expeditions, which, by ad-
missions in Parliament, were nothing
less than piratieal war on the United
States, with England as the naval
base and, thirdly, by welcome hos
pitality, and supplies extended to
these pirate ships in ports of the Brit
ish empire. Show either of these,
and the liability of England is COM
plete. Show the three, and this
power is bound by triple cord.
Mr.. President, in concluding these
remarks, desire to say that am no
volunteer. For several years have
carefully avoided saying anything on |
this most irritating question, being |
anxious that negotiations should be /
left undisturbed to secure settle |
ment which could be accepted by n |
deeply injured nation. The submis-
sion of the pending treaty to the /
Judgment of the Senate left me no |
alternative. 1t became my duty to
consider it carefully in committee,