The Evansville daily journal. (Evansville, Ind.) 1870-1875, 1870-12-10

the right to cut him eff from all
intercourse by letter from the outer
world, and even with his own govern.
ment no such fight is either expressly
recognized By public law or even al
Iuded to in any treatise on the subjact.
The right Of the legation, however. is
fully acknowledged, and as evidently
| tho right and privilege of receiv-
ing and sending messages. This
privilege was acknowledged in IN.
qualified terms. There is no exoep-
| ton or reservation looking to the
possibility Of a blockade Of the Cap-
| ital By q hostile force. Although such
blockades are not Of frequent occur
renee, their liability TO happen
must have presented Itself TO the
minds of the writer's on public
Law, and if shey had supposed
that the right Of sending messengers
merged in, or subordinate to the bel.
ligerent rights of the asaailant they
certainly would have said so. Indeed,
the rights of the Legation under
such circumstances must be consid-
cred paramount. to any belligerent
right. They ought not to questioned |
or curtailed unless the attacking !
party has a good reason TO believe that /
they will be abused. or, unless some
military necessity, which. upon a
proper statement, must be regarded
as obvious, shall require the cur
tailment The condition upon
which the sending OF messengers
was offered was humiliatiDg and
could not be accepted by
any diplomatic Government agent
with any self respect. The correspon-
dence between those officers and their
is always, more or less,
and it is unreasonable to
suppose that its suppression by bleek-
aiding forcs should be permitted. In
deed the requirement of such con-
ditiou must be regarded as tanta-
mount to imputation, both upon the
of the Minister and the neu-
traliiy of his government, You will
demonstrate against the
exercise Of authority adverted to, be-
ng contrary "a that para
mount right of legation which
,very independent nation ought to
sDjoy and in which all are equally
Russia has heretofore
)een leading the champion rights of 8
leutrsls on the ocean, and she has,
ven during the existence of this war,
made acknowledgements Of her sacri-
ices to her faith and consistency in
hat respect. The course of her arms
n hand does not seem to warrant or
equire any enforcement of extreme =
'sIligerent claims In that quar-
or as against Beutrals. The anal
gous privileges Of the legation Z
Tere, upon several occasions, success .
ally asserted by this Government. J
luring the late war between Brazil and {
er allies, on one side, aud Paraguay I
q the other. Mr. Washburne, u. S.
1inlster to Paraguay, applied for a 4
ermit to take him through the hos d
lie lines to Ascension. His applica- 4
on at first was rejected, but was :
ltimateIy granted. Application was a
1bseqUently made for the leave 3
{ Gen. Mcmahon, his success. =
r, to pass the same lines, n
I'D for the vessel which carried q
i'm bring back Mr.. Washburne. /
his also, though first refused, was a
ltimately granted. There is reason r
, believe that the course taken by
lis government on these occasions
as approved by other governments,
J it is probable that other govern G
leBts would sanction the claim of the a
Inited States in this case. c
(Signed) HAMILTON FISH.