The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1872-08-26

CHEEIe
the right 10 consider the general maxims Of Str
Robert Phillimore by the light Of these rules. And
this Is what We have done In argument.
THE LAIRD RAMS.
But let us see what the counsel OF Great Britain
w Say o9 c T Eapa which have
the Laird ramsn / draw the attention of the
tribunal to the very words OF this speech
mot the se 81 y sT a
eminent has detained them its responsibility An
pesse ' 'R
that those vessels sy were Intended an illegal parpo.
and that they lett the country The law would be yo
anS n
sn%s s s~ Or ss 'S S$
Ri ws s
raSszs ether tn:
to doubt that the was not Justified taking
6 any sns e
M 1D shall have been In
n MO taken Justify wa the
taken before the police magistrate. But such
aas Ss lazy e SSs Ss, me the governs
psss III h. ss sS
pen again the case q these vessels and hai they shall
never d%%''f.y "
whether these vessels were really intended Cor an
S1SS Sn
oSe ss
for the ,cSnieasrates In the nesntme i has refused
den Of the rom u he river IL sun
Sr e S
sense Of Is duty 70 s, to Her Majesty and the
WIN which Her Majesty i in friendly relations, and
arise The sentiment OF lis duty has onyced it that
this is neither question to be lightly treated nor qnes
ton to eude The law OF the Kingdom, 1t the duty Of
the truth aud TO prevent the evasion OF Vessels intended
for the attack OF friendly power.
SIR RouNDELL EuLOGIzED.
The sentiments expressed in this speech do honor
| to the man and the statesman. Here, at last, can
be recognized the language of an enlightened con-
| science ana OF J,trfS cOnsulte up to the height
OF his great duty, instead of the excuses and
weaknesses which fill the correspondence OF
speech is worthy OF consideration. Here it was the
government which has acted on its own RESPONSE
the government which has notified the parties in
terested that the law shall not be eluded and
that the vessels shall not leave the Mersey
or not those vessels were intended for the Confed
crates. 1t was the government which was bound to
act In deciding that what had taken place In the
OF the Alabama land add, par pdTuntteSe, in the
case of the Forida, shall not be renewed in the
OF these vessels, and the government has acted
under serious sense OF its duty to itself, to Her
Majesty, to the United States, and to ali other ma
lions with which Her Majesty has relations of
friendship and alliance as with the United States.
Let us remember that, according to the advice
OF Sir Rounded Palmer, the government had un-
andra and the Pampcro And 1t was the govern
duty toward the United States.
WHAT CONTRAST
with what 1t did not do relative to the Alabama
and the Florida The government had thrown
upon Mr.. Adams and Mr.. Dudley all blame with
regard to the Alabama and the Florida
Refusing to act on it's responsibility, it had
dsdainfully asked the United States to act on their
responsibility 1t crossed its arms while shameless
rogles deceived 1t as to the owners and the desl-
nation OF these vessels. There was no preliminary
investigation, no initiative on the part Of the gov
ernment but absolute refusal to act otherwise than
by legal prosecution, and that due to the initia-
Well, them what has the government done, act
ing Of its own accord and under Its own RESPONSE
bllity in the case OF the rams Has 1t undertaken
Has it stopped thema Has it acted on testimony
sufficient to Justify seizure-testimony which was
demanded OF Mr.. Adams and Mr. Dudley
with regard to the Florida and the Alabama?
No none of these precautions were taken; but the
that which Mr.. Adams requested It to make in the
case OF the Florida, and has detained the rams to
await the result Of the investigation, .in order to
employ all possible means to ascertain the truth
and to prevent the evasion of vessels intended for
the attack Of a friendly Power"
Such is the educ diligence OF the rules Of the
treaty:
"To employ all possible means to ascertain the
|
GREAT BRITAIN HAS NOT USED DUE DILIGENCE.
In order, therefore, to establish the absolute evil
aence that the English government had not Ised
that OF the Alabama, 1t sufices to note what that
government has obstnately refused, or certainly
what it has done Of its own accord concerning
the rams. The comparison necessarily leads to
conclusion which is against Great Britain. And
| ing on that occasion :-"Either the govern
ment must acknowledge that what It has
| w
same manner with regard to the rams" Sir
been seized, but detained. He repeats this deca-
ration In another speech, It Is true, in speak
thought it its duty to seize that vessel according
the regulations imposed by the Customs laws. But
such was not the proceeding taken with regard to
I simply detained. But detained how 1t is clearly
shown that they were detained by q notice
pretended owners, no doubt with the correspond
ing orders sent to the officers OF the customs.
The counsel Of Great Britain aliirms loudly and
sbility Of the government-that is, by the
spontaneous motion ofthe Ministers of the Grown
counsel OF the United states are happy to be in
that respect Of the same opinion. But this "dne
diligence" was not practlsed with regard TO the
Florida and the Alabama. The consequence Is in
evitabe.
| Palmer. on the subject OF the Alexandra, ! lind
sentence which strikes my attention. 1t says
"You cannot stop her by going to the
! magistrate. IL is necessary that il should be
done on the responsibility OF the government
| Howl IL is necessary that 1t should be done
under the responsibility OF the government Then
the customs officers there have either played upon
Mr.. Dudley, or else Willingly deceived him In re-
commencing him to commence Jucical proceed
ngs on his own responsibility upon him,
Dudley. When also Lord Russell demanded
the proofs from Mr.. Adams, the latter was I'M
doubleday right in answering that he had neither
the power nor the means to inaugurate judicial
proceedings in England. The government, then,
has totally failed in its duty OF observing due dill
gence In the cases OF the Alabama and Florida.
THE POWERS OF THE ENGLISH CROWN.
The counsel on behalf OF Great Britain attempts
10 answer the arguments OF the United States rela-
tive to the powers OF the Crown by loud decama-
ton, by speaking OF arblrariness and the violation
OF the laws and constitution of England.
Let us consider these points, whether England
possesses the means of hnderng the belligerent
enterprise Of unauthorized individuals within her