266 AVES ISLAND. 



its usages and practices, tlian it would be for tlie prompt defense of Our 

 country by tbe Executive in case of hostile invasion by a foreign power 

 without declaration of war. The idea of the necessity of such previous 

 congressional legislation is as ridiculous as the fastidiousness of the 

 Englishman who declined exerting himself to save a drowning man, 

 for the reason that he had never been regularly introduced to him, and 

 could not venture for that reason to speak to him, much less take hold 

 of him. The belief by foreign governments that the Executive of the 

 United States was impotent to redress wrongs upon our citizens by 

 special letters of reprisal before he had sought and obtained the author- 

 ity of Congress, would tempt them to the commission of acts of violence 

 and outrage, whilst, on the contrary, the knowledge that the Executive 

 of the United States possesses such power, and will exercise it without 

 the delay of recourse to C^^ngress, would deter those disposed to act 

 unjustly. It would secure the prompt payment of many just claims of 

 our citizens against foreign governments; it would tend to prevent 

 difficulties ; to prevent the creation of hostile feelings and the commis- 

 sion of hostile acts, and would prevent wars. This power, properly 

 exercised by the Executive, might have prevented the war with Mexico, 

 for the long delay in the adjustment of the just claims of our citizens 

 for the spoliations of that republic tempted it to further aggression after 

 the treaty of 1839. And we believe if special reprisals had been 

 promptly resorted to, both against the British and French governments 

 for their spoliations under the orders in council, and the Berlin and 

 Milan and Eambouillet decrees, the war of 1812, between this country 

 and Great Britain, would never have occurred. Had the remedy of 

 special reprisals been adopted by those who administered the executive 

 powers of the government of the United States in the cases of the atro- 

 cious outrages perpetrated by the Spanish of&cials in Cuba some years 

 ago upon the persons and property of citizens of the United States, and 

 for the outrages upon our flag, instead of the idler measures of diplo- 

 matic remonstrances, those wrongs would not have been repeated. 

 Inertness in exacting just redress and atonement created the belief of 

 impunity, and tempted such repetition. 



Loccenius, in his work, (cited in the list annexed,) refers to the prac- 

 tice of certain princes refusing letters of special reprisal for fear of 

 provoking war, as to which practice Valin remarks, it is "no proof of 

 moderation of the governments that have adopted it, nor of their love 

 o± peace, but rather of their feebleness or pusillanimity ; and that any 

 sovereign who should refuse them on such a pretext would be regard- 

 less of his own honor and of the justice which he owes to his subjects." 

 (Valin Comm. on Ord. of 1681, b. Ill, Tit. X, art. 1. Wildman's 

 Int., c. v., p. 190.) 



But though there may not be any special statutes of the United 

 States referring in express terms to special reprisals, as before observed, 

 yet it is submitted that such reprisals, and a resort to them by the 

 President, ''at his discretion," in the mode we have indicated, is clearly 

 embraced in the purview, and is within the spirit, meaning, and object 

 of the fifth section of the act of 18th August, 1856, passed, in part, 

 on the application of these claimants, and with this very Shelton Isle 



