New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1870-02-12


belligerency proceeding the very commencement on
which assumed that she behgercDt The logic OF
this objection very rapid but not very sound Insr
can DE jndcal proceeding, civil or CRIMINAL whon
does not assume that facts such As TO authorize
the proceeding: and have never heard on InuS 40
proceeding In which the defendant was not az n' 70
controvert such assumed facts. Is indicted Tor tue
murder or Il. The Indictment assumes nat
guilty. and yet that IA the very question 10 De
tired: and the trial the law, az rule OF eyi,
dence. prcsumes the defendant innocent ahd he a
must establish his CUNT To lbe these gmnD9"'s H liz
undoubtedly assume That they had Deen ntteu GUY ~ ,o
United states 10 cruise and commit bosics III he ser
vice Of foreign state to W.T. span' agalhs, tox
people. TO wit, the people OF Cuba ana II lne ooit
should hold that 10 bring the ease WITHIN the baute "
must be shown that Cuba was belgersnt, men .,
that fact would have to be established on inc t
by evidence. And II the fact could not be esablished
the proceeding woud fail But again II
hbeline these guuboats would be recognition Oh ie
cause upon the theory Of hs objection the Government
has already made this recognition by proceeding under
against the Hornet charged III words that size was III
tended to be 'employcd IN te service OF to,tlgh peo
pie w.t. portion OF the people Of the llan OF ShDa
a colony Of the Government Of spain The pocerdlng'
against the Cuban ship Whiting are OF the same ehaG b
ter; libel the same allegations, ana poln
bels charge the Oense TO DO under the hrd section Oh
Now. II lbens vessel upon the ground that It was
TO be employed against the people OF CUBA wood f9og
ME Cubans beligerens, is II not clear tat lDt
ing the Hornet and the Whiting. the ground that
they be employed IN the service OF the people Oh
Cuba. also amounts to a recogntionf Indeed, more
clearly because "a vessel might he intended TO commit
hostites against people who had no form OF govern
ment whereas say that the vessel ia to be employed
by people fairly implies that such people are organ
ized under form OF government Tor thcy cannot
some form Of government And this reminds me that
both the hbes against the Hornet and the Whiting con
tanned counts charging that theSe Vessels 49, -,
10 be employed IN tue service OF the agents OF
pretended government OF certain c Gi,yy,t,o o.
Spain to wit. Cuba - TO commit hOsulllcs
against Spain so that upon the theory oil ths OOecOp
Government has already recQgnizea not ody to s,
lgetent character OF Cuba. bst mas recognNea Ine
that they have pretended government over u9 islan
or some part OF It, But the Senator from Massachusetts
did say that judicial proceeding wa, noS ue oo, N y
10 ascertain the facts In this respect the senator cs
from the Administration. II he Is correct IN ms rendering
OF the statute They have instituted proceedings against
the Hornet and tine Whiting. and have indicted persons
Now If the Senator is right IN saying that the stature
only applies bclgerents then the fact OF me 1rgcr
ency OF Cua IA an element the Oense charged by both
bes and by the Indictment, and must be proved on the
trial and the Government by institutig these proceed
| iugs has undertaken to prove IT,
NECESSITY ovERRIDEs CONSTITUTIONAL LAW.
Thus far spoken under the law and IN regard to
It's proper Interpretation. II am wrong in the positions
have csnteuded for then the senator FROM Massacbu-
show wherein the cOnsists aud 1t would
DO far satisfactory for him TO prove than autho
atiycy 10 ASSERT their uns0undness Bold unquallhed
assertions are cheap are an easy mcthou o % t
argument but there truths 90 clear that tue DOuest
One Of the great evils Of the war was that educated
our people, lawyers and our statesmen to treat legal
and constitutional objections as OF trlng Importance
During the war many things had to be and were done.
the constitutional validity OF which was more tnah
doubtful We compelled TO disregard the 1onSu'
ton in some things 1t in all things But, sir.
with the peril has passed the license OF that period IL
order OF staesmanship to attempt to overdue uehne
| provision of the Constitution by reading the
Declaration OF Independence: nor can any man
| hereafter be regarded as hayhS oye[InrSS ta
tsc Of eao by bold c dehs Of either wn first
addressed the senate upon this subject promised 20 Ds
conservative. Thus far In the remarks have submitted
today have been so; have been abcrng 10 establish
the true construction of the law as 1t IA But SIR rus
service Of conservatism uncongenial 10 me- IL STILES
nv feelings. blasts my affections. aud chlls my sOn and
here. now muster myself out OF tat service anu re-
turn az a hunt 10 follower Of tho flag OF radcasm.
s determined by our neutrality laws shan inquire
The onarces OF Europe do not recognize the right Of
rebellion remedy for iusupporabie oppression When
rebellion breaks out and becomes successful uey re-
cogn2e It as they do an earthquake, by Tue raVaGs
has committed. 1t H. therefore consistent IN them that
is IN keeping with neir doctrine IN regard 70
tons. recognize begerent rights In rebels until
they far advanced in the attempt at udePepd'
ence make their power felt upon the commercial re-
latlOns Of tho world then they recognize thein not
OPPRESSION JusrFHs REVOLUTION.
But the United States fully committed tote doctrine
that it IS an nalenable right OF oppressed people 10
throw tyrants yoke by revolution. With Us, then
consistency requires that the moment revolution
against tyranny fairly iuaugurated. should
nye the fact that in progress and at least remain
impartial during the contest III revolution Is in TACT
commenced upon Just proyocaOn 1t IS as much entitled
to sympathy the first day of It's existence az AFTER
it is ten years old The Governments OF Europe
contend that all revolutions are wrong, consei
ouenty they refuse 10 recognize the rebels ultl
they compelled TO do. On the other hand the
American colony Is to THROW on the tyranny Of European
opprcssOrs Is right; and therefore ought award
begerent rights TO the eoOnsts the moment they are
actually engaged a for independence A repeal
of neutrality law would leave us bound only by me
law OF nations BY this law, 1t Is written and prac
tced by European nations. we are at liberty 10 permit
begercDts TO purchase ships Of war and other war
OF the present law is to deny to both This works IN
practice precisely as Mt Clay SAID would IN YOr OF
the parent government because of rebellion on
this continent against any nation Of Europe the parent
Government will at the outset have naval force There
fore to that neither OF the Dogerents shall Uy ss
OF this country Il 10 say that the coOnss shail
have no naval force at all This is immense adyan
tage TO the parent Goyernnent even when your heua
ity law honestly aud faithfully administered. Having
shown think. that our neutrality law forDds either
Spain or Cuba tit out vessels III the United States
am not at liberty to reproaeh the law " ith ihe MOI
allowing spain TO ht out 80 gunboas ana denying the
right to Cuba by clearing at our me
war vessels purchased by spain, and beng the SHIPS
purchased by Cuba This unryaled outrage, which ought
shame il properly chaTgeable upon the law IL has
committed not under the law but IN defiance ot H.
and because tho law has lot been faithfully executed
THE ALABAMA CLAIMS THE CAUSE or NoS-RECoGNfTIoN
But Sir cannot well pass in silence over the real
cause OF the strange Government has pursued
ia relation this subject II is due 10 those who are adj
mnistering foreign affairs under the President TO
give them the full benefit OF candid statement OF the
embarrassments under which they have been compelled
TO act There s pending between the United states
and Great Britain an important matter OF business
known as the Alabama elahS' ana ~ Is ieaucu LIN
should We pursue the coarse l contend Tor IL would
weaken the grounds npon when our claims against
Great Britain rest. shall attempt TO show hereafter
that this is unfounded apprehension But
for the moment let concede that this result would
follow, and then ask ourselves whether 10 ought 70 uu
conduct for "a moment atoms, like lndIVidu-
as, are fitted 10y trials and temptations 10 perform the
fected through SUFFERING" The Son Of Man, after his
baptism in the Jordan before entering npon his mission
was taken aside, and for 40 days cruelty tired anu
tempted Satan pointed out the Kingdom OF the world
aud offered them all for the single consideration OF WOi
ship The United States. having been b1puted III blood,
Is undergoing the temptation which VIII detcrniine
whether they fit for the priesthood Of universal no
erty,nt to become the leaders ana CHAMPIONS OIL tue
political rights of man.
fan tho nations OF the earth TO combine aud
promise 10 pay, not the Alabama claims only but our
entire national deht, proyided would permit The