The evening telegraph. [volume] (Philadelphia [Pa.]) 1864-1918, 1870-10-10


sort of moral as well as material satisfaction,
il was useless, and, because useless, mis-
ohievous, to expect and insist upon a formal
apology; that formal apology from q first
class power, for things done or left undone
by the Government itself, would be some
thing to which no people of the standing and
pretensions of Great Britain would submit,
except as the crowning humiliation of dis
astrous war.
Now hear DIR. Bluntscbl. He LAYS down
the following propositions, which we trans
late literally
/. ''The recognition of the Southern States
as a belligerent power, and the declaration of
neutrality on the part of Great Britain aud
France, did not constitute a violation of in
ternational law. In deciding to act thus the
European States only exercised right. what
ever the serious objections which might have
been offered to the political opportuueness
of its exercise. The United States, then, are
not authorized, however calamitous for them
the results OF that recognition, to exact for
it from Great Britain or France any satisfac-
tion or reparation, as this could only be done
by denying the right.
II. "Supposing the charges made against
tie English Government relative to the arma-
ment of the Alabama, and her unimpeded
departure from an English port to be we'll
founded, we have before us a case of culpable
non-performance (jnObSer0dtioR fduttUe) of
the duties of a neutral and friendly state to-
wards the Union, and the latter has q right to
demand satisfaction and reparation from
Great Britain.
III. ''The owners of American ships
and mel chandise destroyed (by the Alabama)
have no right of action in damages against
the British Government but the Government
of the Union may watch over and protect
their interests in settling the pending con-
troversy with Great Britain.
". ''The true solution of the difficulty
consists in a combination of material repara-
tion for the compensation of American pro-
lerty owners with moral guarantee, both
for commercial and maritime relations,
against the recurrence of similar injuries
he first of these objects would be attained
by means of fair pecuniary compensation,
to be paid by Great Britain to the United
States, for distribution amongst the persons
injured; the second, by new declaration of
the duties devolving on neutral and friendly
States, so as to hinder as far as possible the
abuse of neutral territory for the organization
of military expeditions.
In the argument by which DIR. Bluntschli
| prepares the way for these propositions, he
| lays it down that to the recognition of the
South there was political as we'll as juridi-
cal side, and although it may have been an
unfriendly act, as regarded the United
States, this made it simply political error
|
For the first government is responsible
only to its people; for the second, to the
foreign state which it lures. The recogni-
tion was justified, he holds, by the fact that
the South had, when the proclamation was
issued, all the required marks of belligerency,
namely-(a) Gin being dc facto organized as
military force; (b) in observing in the con-
duct of hostilities the laws of war; and Co in
believing itself to be in good faith struggling,
in the character and capacity of a
state, in defense of its public right"
Mr.. Summers 'pacifc blockade" he
disposes Of, as President Woolsey did, by
alleging that there is no such thing known to
international law; there is such thing as
blockade without maritime war;" but not
without war" The escape of the Alabama
he treats as a violation of international as
well as of municipal law, and he denouuces
her mode of carrying on the war as ''barba-
rous;" but Mr.. Summers doctrine of ''conse-
quential damages" he sets aside, on the
! ground so often alleged against it, that no
such damages are in case of this kind capa-
BILE of being ascertained, and the connection
of England with them is too 'vague" and
uncertain" to be made the subject of Judi
cisl inquiry. Engands offenseis not an act,
but an omission in violation of law. She did
| not equip and send out cruisers, but failed to
hinder their equipment and departure, and
therefore her fault has only an indirect, and
| by no means direct relation to the depreda-
tions committed by the cruisers
AS regards the mode of reparaton, he
treats the idea of cession of territory, witch
has been talked of, as one which, whatever
its merits, no arbitrator could for moment
entertain. If any such cession is made, it
must be made voluntarily by Great Britain,
or under compulsion through war. To a
formal apology, there is no iuridicdJ OBJ iec-
ton. A Judge might properly order it to be
made, but there is fatal political objection
to it. "a formal confession of culpability, :"
he says, however praiseworthy in the eyes
of morality and justice, is unconquerably re-
sented by the nation in fault as an act of un-
worthy weakness. This alone is a sufi ceut
reason for our being unable to exact it from
the Government of a great power" He
therefore decides on ''the payment of a sum
of money, and a renewed declaration of
principles destined to assure in future re-
spect for international law, and to guarantee
the practice of justice throughout the civil
lied world ..
Now, would it not be in the interest of all
good canses for the Government at Washing
ton, having given up the wearisome work OF
again, the guilt of England to settle down on
this or on some view of its own rights OF
wrongs fortified by the opinion of neutral
jurists, and then urge it persistently and
firmly till the case is settled What is gained
by delay that can compensate for the gross
injustice of letting the sufferers by. the Ala.
bama depredations die off without compen
sation?
THE NEW GERMAN CONFEDERATION
F~On the NJ Y Herald.