15 4 ARGUMENT OF THE UNITED STATES. 



who professed to act from tlie authority of the king or chief of the 

 Mosquito Islands. The parties then appealed to the commander of the 

 United States sloop of war Cyanc, then lying near the port, for pro- 

 tection. To punish the authorities for their action he bombarded the 

 town. For this act he was denounced by the British residents, who 

 claimed that the British Government had a protectorate over that 

 region. His action was sustained by the Government of the United 

 States, the ground being the necessity of punishing in this way the 

 wrong to citizens of the United States, and preventing its continuance. 

 (1 Wliarton's Dig., p. 229.) 



When the sovereign of a territory permits it to be made the base of 

 hostilities by outlaws and savages against a country with which such 

 sovereign is at peace, the government of the latter country is entitled, 

 as a matter of necessity, to pursue the assailants wherever they may 

 be and to take such measures as are necessary to put an end to their 

 aggressions. (lb., p. 226.) 



An incursion into the territory of Mexico for the purpose of dispers- 

 ing a band of Indian marauders is, if necessary, not a violation of the 

 law of nations. (lb., p. 233.) l 



In all these cases the discussion proceeded upon the question of the 

 existence of the particular necessity. The right to enter upon neutral 

 territory, if necessity really required it, was not controverted by any 

 of the governments concerned. 



A still more striking illustration of the exercise of the national right 

 of self-defense upon the high seas, at the expense of innocent commerce, 

 and to the entire subordination of private rights, which, except for the 

 consequences to national interests, would have been unquestionable, is 

 found in the British Orders in Council in the year 1809, prohibiting 

 neutral commerce of every kind with ports which the Emperor of 

 France had declared to be closed against British trade. The effect of 



1 "Temporary invasion of the territory of an adjoining country, when necessary 

 to prevent and check crime, 'rests upon principles of tli • law of nations entirely dis- 

 tinct from those on which war is justified— upon the immutahle principles of self- 

 defense — upon the principles which justify decisive measures of precautions to pre- 

 vent irreparable evil to our own or to a neighboring people.'" (Mr. Forsyth, Sec. 

 of Stat... 1 Wharton, p. 230.) 



"The first duty of a government is to protect life and property. This is a para- 

 mount obligation. For this governments are instituted, and governments neglect- 

 ing or failing to perforin it become worse than useless. * * * The United States 

 Government can not allow marauding bauds to establish themselves upon its borders 

 with liberty to invade and plunder United States territory with impunity, and then, 

 when pursued, to take refuge across the Rio Grande under the protection of the plea 

 of the integrity of the soil of the Mexican Republic." (Mr. Evarts, Sec. of State, 1 

 Wharton, p. 232.) 



