New-York tribune., 1870-02-07
FEBRUARY Z, 1870.
EARL RUSSELL'S DEFENSE.
THE EX-FOREIGN SECRETARYs LAST WORD
on THE ALABAMA QUESTION.

lished this week two volumes Of Selections from
Speeches Earl Russell 1917 10 1s41 and from Dispatches
1859 10 1865, Nih InirOdgcoRs As to the general con-
tents of these volumes shall have something to say
hereafter, but there is one of the "Introductons
which specially concerns us, and the substance OF
which wish to give in this letter. It can hardly be
necessary to remind anybody that Earl Russell was
that Foreign Secretary under whose administration
the Alabama was let loose aud by whom the early |
demands Of the American Governmentfor reparation
wero peremptory refused. lie has been SO ill-ad- |
vised to include in his selection of Dispatches one
of Nov g. 1885, in reply to Mr. Adamss lnote Of Sept
1s. Nothing more need be said of this document
long since given to he world, than that it is weak
statement Of case which was not strong. Lord
Russell is apparently of that opinion, since in the
conclusion of his Introduction he has thought 1t
necessary to accompany the text of his own dispatch
with commentary elucidation more than twice as
long as the dispatch itself. e. ~ b.
This essay may be regarded, suppose, as Lord
Russells last word ON the Alabama difficulty which
he did SO much to create. 1t s at any rate his latest
and although the old Statesman will never again De
in Office and has ceased to have much influence on
public affairs. his attempt at exculpating himself
from his due share of blame for the Alabama has q
certain interest lie appears at the bar as defendant
against whom judgment has gone, and this is what
he has to say why sentence should not be
Nobody will be surprised to find Lord Russeil
asserting in the first place that Great Britain acted
with good faith but can Lord Russell believe all he
saysi Let me put two passages side by side.
''The Government OF Lord Palmerston, ald ne peopt
Great Britain took the which was required by
regard for their honor, by the sentiments o. sneefe
Ji4endshp uhieh they entertained for ne Un'ied sfoes
and by deep Of their international duties VOL
H., p. 24s.
Mr. Roebuck has told us that Lord Palmerston
personally desired the success OF the Rebellion
What part Of the British public felt we Kho"
pretty we'll but Lord RusselPs contrary statement
includes all the people of Great Britain, and may
best be met by another statement of Lord kusseifs'
which is this:
"Hence when there is strong popular feeling such as
prevailed in the United States in behalf Of the South
American insurgents, and in Bishport, and portion
of the British public behalf Of the Confederate States
IL becomes matter OF the grayes difficulty to convict
persons oenscs against the Foreign enlistment law
This difficulty arises by reason OF the unwlnsness OF
those who ympatzc with the offenders to come Forward
and give evidence the unwingness Of judges to press
the law and the reluctance Of ures TO convict persons
who have their sympathy. These diiheulties were
fslt by tie British Government when complaint was
made that vessels being fitted out in the Mersey
and Clyde prey upon the commerce OF the United
states.'
The second passage is Of course one have exhumed
from some dispatch Of Lord Russell which he had for
gotten when he penned the others Oh no, it is from
the same book and 81 -~--N E. 80.
ot. of sinceTe friendship for the United States
which the people of Great Britain entertained at p
o4s are superseded p. 259, by sentiments winch
of the greatest difficulty for the Gov
ernment to stop tho Rebel ships in tho Morsey, OF
for the Judges to administer the law. or for uries
to convict OH the evidence.
\ L., \ 81 In M Int sfa pl
mind than when he his dispatch in 1865. If he
must print that dispatch, he would have done better
TO let il stand by itself. How it, or how can
Lord Russels reputation be bettered by an apology
in which he asserts that no considerable amount of
warke stores appears to have reached the Southern
ports - (p 2i9l takes credit TO the British Govern
ment that it left the Government of the United
States free to all its energies and resources"
(p 2isl declares that the British Government were
far from pressing hard the'United States Ip 49l.
and crowns his defense by the allegation that he
put no impedment in the way of the capture OF
British merchant ships ~ (p 24D That last Is q most
delicate perphIass for rblockadeiunnersandi is nearly
MS good as the late Mr Rufus Choates phrase for Sa
very, which lie described as different type of
industry" Does Lord Russell think Government is
TO be praised for preventing the police from sczng
burglarsi He actually goes back to the days Of
Elizabeth and James to find precedents for toler-
ated piracy and seems to look Oh Dfake as one of
the founders of the existing system of international
law As he certainly was if the English view is to
prevail in such questions as those Of the Alabama.
Mr. Justice Story his other main authority and he
and the Supreme Court of to-day are equally APP
plauded by Lord Russell have observed that our
Supreme Court, whenever it follows surviely in the
track of English precedents, as it too often does is
regarded by English juriss and statesmen as an au-
thority entitled toimuch respect.
But it is really matter Of some surprise to find
Lord Russell obstinate as he is clinging to that
technical view of the Alabama case which Sir Roun-
dell Palmer laid down in his weknown speech of
March, 1863 will quote Sir Roundell more
because he is quoted and adopted by Lord Russell
at then, prori, ship may be sold, unless
the neutral State nterferes to prevent it, what is the
extent OF the right which foreign Government derives
from the existence of the Foreign Enlistment Actf Only
tbs that tho foreign Government may appeal to the
friendly spirit OF the neutral State to enforce its own
statutes according its principles of judicial ad
mnlstraton The United sates have right
to complain the act in question enforced In the way In
which English laws are usually enforced against English
subectso eridenee, and aot Suspicion facts, and
presumption; satisfactory testimony, and not on
ne mere accusations Of foreign Minister his agents.
the must be not only Interpreted, but executed
cordng law 1t be put in operation only such
evidence as our Government would deem sufficient
TO justify in any other case. e.'-vol O. r: 1884.
This passage" exclams Earl Russell, contains
the kernel of the whole case" II the whole case is
to be argued OH the principle of special pleading,
perhaps it does contain side Of it, Ii it is to be
argued by statesman who is not pettifogger, and
TO be settled in such way as to satisfy the con-
science Of two great nations, Sir Roundell Palmer
may be put out Of court without loss to either party
Mr. Upton's well known memorial TO the United