Imágenes de páginas
PDF
EPUB

Maryland and even Pennsylvania. The insurgents have adopted equally bold and aggressive means in the west, and they give out that it is their purpose, although the Union forces are behind them, to subject Kentucky to their control, and they are even menacing Cincinnati. I refrain from giving a more detailed account of the military situation of the country, because it is certain that it must change before this despatch can reach you. I refrain also from explaining the causes of our recent disappointments and reverses, because, even if I should be able to make them satisfactorily known to yourself, they would, nevertheless, not be proper for communication to foreign powers, and they would, therefore, be unprofitable. In such an emergency as this the government feels that it is necessary to act for the future, and not to waste its time in reflecting upon what is past, and, therefore, irremediable. I must be content, therefore, with informing our representatives abroad that the exact condition of the country is fully understood by the government; that the armies of the United States are being rapidly reorganized and largely re-enforced; and that, while the military counsels of the President are, for the moment, not allowed to transpire, measures are being taken which, as it is believed, will be effectual in restoring the prestige of the national arms and prosecuting the war to a successful conclusion by the restoration of the federal authority throughout the Union.

It is to be expected that insurgent emissaries, encouraged by recent events, will be busy in attempting to instigate European governments to interference in some sort in our affairs. It is not apprehended that their treasonable efforts will be successful. Nevertheless, our representatives abroad will find it an important duty to be vigilant and to study the public mind of Europe, as far as possible, during the period of our preparations for a renewal of the auspicious fortunes of the country. None of them, it is believed, will find this task easier of performance than our representative at St. Petersburg, because the government of the Emperor is accustomed to see political events in their proper sequence, and is not at all liable to form inconsiderate judgments upon the result of a single and isolated battle or campaign.

[blocks in formation]

*
*

*

*

*

[blocks in formation]

I am, sir, your obedient servant,

SIMON CAMERON, Esq., &c., &c., &c.

*

*

WILLIAM H. SEWARD.

*

Mr. Cameron to Mr. Seward.

No. 9]

LEGATION OF THE UNITED STATES,
St. Petersburg, September 9, 1862.

SIR: Your despatch of August 13 (No. 8) has been received. In reply thereto, it gives me great pleasure to state that the indications are now more auspicious than at any time since I entered upon my duties at this post. The danger which I saw advancing has been averted, certainly for a time; and I most fervently hope that the course of coming events may entirely prevent its return. This change is owing, in the first place, to the promptness with which the administration summoned the people to fresh exertions, itself setting them the example of unshaken faith, courage, and determination; in the second place, to the unparalleled patriotism and devotion with which the people have responded to the call; and lastly, to the inaction of the rebels themselves, during a period when their condition might have been materially improved, if they had been able to follow up their temporary advantage.

Our friends have not only been cheered by this new aspect of our affairs, but our enemies have become more moderate and cautious in their utterances. Simply in showing the colossal power which our nation is able to put forth, the raising of the new levies will have subserved a most import ant purpose. Now, at least, the justness of your declaration is evident, that no foreign nation will cross the Atlantic to attack us, "without examining the grounds of offence, calculating the risk, and counting the cost."

At this court, fortunately, I am spared the necessity of advocating our cause. My duty is confined to explanations of movements which are not thoroughly understood, or of those features of the policy of the administration, the intention of which is not immediately comprehended by foreign statesmen. I find a constant desire to interpret everything to our advantage. Soon after the interview with Prince Gortchacow, referred to in my despatch No. 8, the Journal de St. Petersburg published, undoubtedly by his direction, a translation of your despatch of May 28, to Mr. Adams, with an editorial article calling attention to its statements. The letter from Washington to the Opinione Nationale, of Paris, has also been copied in the same journal.

I lately received a communication from the Rev. Samuel A. Rhea, one of the American missionaries at Oroomiah, Persia, begging me to solicit the protection of Russia for the Nestorian Christians, who are treated with brutal tyranny by the Persian officials. The oppressed Christians of Asia look to Russia as their natural protector, and I therefore felt justified in at once bringing Mr. Rhea's appeal to the notice of the government. The statements contained in his letter were communicated to Prince Gortchacow, who assured me on the following day, when I had the honor of dining with him, that the idea of protecting and assisting these unfortunate Christians would be seriously considered. He further expressed his gratification that their appeal had been made through the medium of the American legation. General de Sonnaz, the minister of the King of Italy, arrived here two or three weeks ago, and was received with much distinction by the Emperor. As the United States was the first power to recognize, officially, the new kingdom of Italy, I thought it proper on this occasion to waive the usual diplomatic etiquette, and make the first call on General de Sonnaz. I was glad to find, on meeting him afterwards, that he understood this compliment. as it was intended, and accepted it as a token of the cordial relations existing between Italy and the United States.

Mr. P. D. Collins reached here a few days ago. As soon as he has seen M. Chefkin, minister of the ways of communication, he will present a definite plan for the construction of the proposed telegraph line. From what I have learned of his scheme, I judge that there will be little difficulty in procuring from the Russian government the privileges necessary to establish it on a practical footing.

I have the honor to be, with the highest respect, your obedient servant, SIMON CAMERON.

Hon. WILLIAM H. SEWARD,
Secretary of State.

No. 13.]

Mr. Seward to Mr. Cameron.

DEPARTMENT OF STATE, Washington, September 16, 1862.

SIR: Your despatch of August 19 (No. 8) has been received. It relates chiefly to your application for temporary leave of absence. That leave was granted in my despatch, No. 10, of the 6th instant.

At the time when your application was received here the efficiency of our armies had been impaired in a vigorous though eminently successful campaign. It soon became probable, and more lately it unhappily was proved, that we must fail in the pending movement upon Richmond. Such a disappointment was not unlikely to be followed by positive disasters, the extent of which could not be foreseen. That failure was sure to encourage the emissaries of insurrection in Europe, and the public mind too readily yielded to apprehensions of intervention in some form which must increase the national embarrassment. Under these circumstances, popular remedies were suggested and urged upon the President. Chief among them was some form of Executive manifesto or declaration of a determination to make the war more energetic, severe, sanguinary, and destructive in the insurgent States. At the same moment a change long clamored for in the insurgent councils was adopted there, namely, that of withdrawing their armies from their own region, and rapidly throwing them forward upon not this capital alone, but the loyal States of Maryland, Ohio, and Pennsylvania. For the moment the war on our part, which had until now been an aggressive one, was to be one of defence, attended with all the alarms and apparent if not real dangers of invasion.

The President, in this emergency, decided to bring together the armies of the Potomac and Virginia, and consolidate them on some line in that State between this capital and Richmond; to re-enforce and augment not only that consolidated army but also all the other forces at his command with six hundred thousand men, to be raised as volunteers, with a draft, if necessary, and be thus prepared to meet and, with promptness and without display of words, to roll back the tide of invasion and complete the war by a vigorous campaign on the coasts, on the Mississippi, and through the mountain passes of eastern Tennessee.

The disasters which were threatened in Virginia actually occurred. The insurgents drove the army of Virginia back upon the line of fortifications and the capital, but not without losses probably equal to our own. They then advanced from Manassas to the fordable passes of the Potomac, crossed that river and entered Frederick, and invited Maryland to rise up and join. the treasonable confederacy. There they threatened equally Washington, Baltimore, and Pennsylvania. In like manner they gathered forces in Kentucky, in the rear of the army of General Buell, who was investing Chattanooga, and advanced towards the Ohio river, thus threatening the loyal States of Ohio and Indiana, which lie on the north bank of that river. insurrectionary congress recently assembled approved these aggressive movements, and solemnly proclaimed a purpose to carry the war into the loyal States and inflict upon them, with increased severity, all the rigors of desolating warfare.

The

Under such changed circumstances, which could not have been foreseen when you applied for leave of absence, the President thought the national interests required the watchful care of all our trusted representatives in Europe, and he thought it might be especially unfortunate if the mission at St. Petersburg were left without the presence of a minister of the highest grade and authority known in the diplomatic service. Hence his reluctance to accede to your wishes. It is now hoped that your absence will not be productive of injury to the public service.

Having thus related the military events culminating in the invasion of the loyal States, it is only just that I should bring the narration down to this point. The volunteers are coming in as freely as was expected. More than seventy thousand have reached this city; ten thousand or more are in Baltimore and its vicinity. Sixty thousand have joined the army of the west, and the whole proposed augmentation will be rapidly effected. The

insurgents have receded and are retiring from their late advance towards the Ohio. General McClellan has just met the invaders of Maryland and driven them back towards the Potomac. The loyalty of Maryland has not been disturbed, and Pennsylvania is freed from the apprehensions of danger. With steadiness of purpose, prudence in council, and activity and energy of execution on the part of our commanders, great advantages may be derived from recent misfortunes, and the recklessness of the insurgents may result in the speedy ruin of their always desperate cause.

I am, sir, your obedient servant,

SIMON CAMERON, Esq., &c., &c., &c.

WILLIAM H. SEWARD.

No. 15.]

Mr. Taylor to Mr. Seward.

LEGATION OF THE UNITED STATES,
St. Petersburg, October 25, 1862.

SIR: I have the honor to report to you the promulgation of a decree of his Imperial Majesty which is universally pronounced to be second in importance in its effect upon the future of Russia only to that of the emancipation of the serfs. It is no less than a plan or basis for the thorough reorganization of the administration of justice throughout the empire, whereby the innumerable abuses, possible under the prevailing system, are prevented, and the great body of the people receive, in addition to personal liberty, an equal protection in the enjoyment of their individual rights.

The decree was sanctioned by the Emperor on the 11th instant, (Sept. 29, 0. S.,) and communicated to the directing senate. The fundamental rules of the projected reform were then ordered to be published, accompanied by the declaration that they are intended to serve as a general basis for the elaboration of the necessary codes and regulations, the latter to be completed, sanctioned, and promulgated in the proper legislative order. The publication was made through the newspapers on the 15th, 16th, and 17th instant, and I have allowed the delay of eight days since then in order to inform myself correctly of the most important features of the reform, and of the character of its reception by the Russian press and people.

The basis of the new code, simple as it may seem, nevertheless completely overthrows the system hitherto in force.

The police ceases to be a judicial power, and takes its proper position, as in other countries, as the executive servant of the law. The secret tribunals, the endless delays, the numerous processes of appeal and reference, and the enormous abuses which are their natural result, and which have almost come to be the normal practice of the Russian officials, are swept away at a blow. In their stead is substituted a system of justice, regular, expeditious, armed with the safeguard of publicity, and equal in its application to all classes of the population; private interests are for the first time allowed; a participation in the management of local affairs; the civil magistrates are elected by the people; trial by jury in open court is established; the processes of law are so simplified that but one appeal can be made, and the second decision is final; the rights of the accused are carefully guarded; the judgments of the senate, which is made a court of appeal, are to be published. In short, law, instead of being a secret, semi-responsible agency, so liable to distortion that its operation has been generally feared quite as much by the innocent as by the guilty, becomes a beneficent protecting power, exercising its functions in the eyes of the world, and

challenging scrutiny, because it promises reparation in advance for its own mistakes.

The following is an outline of the decree, embracing the most important features of the reform:

The judicial power is separated from the executive, administrative, and legislative powers, and specially confided to civil magistrates, their courts district tribunals, and the directing senate as supreme court of appeal. The jurisdiction of the latter extends over the whole empire.

Civil magistrates (juges de paix) are established in the towns and rural districts to decide on civil and criminal affairs of minor importance. They are elected every three years, by the united vote of all classes of the population. Their eligibility is determined by considerations of age, property, character, &c., to be hereafter fixed. They have jurisdiction in all criminal cases where the law reprimands or threatens, where fines are imposed not exceeding three hundred roubles, where imprisonment to the term of three months may be inflicted, and in all minor forms of theft, trespass, or personal assault. They also judge civil cases, where the sum in dispute is less than five hundred roubles, and where it is less than thirty roubles their decision is final.

The district tribunals are composed of a president and members appointed by the Emperor, according to representations made by the minister of justice.

Three members, at least, must be present at its sessions, which may be held, not only in the chief town of the district, but also in other towns within its limits. The sessions are of two kinds: first, executive, which are held with closed doors, and devoted to the preparation of instructions, examination of reports, and other deliberations; and 2d, judicial, which are held in public for the trial by jury of all civil and criminal cases. All judicial decisions may be published, either by order of the court, or by the act of private individuals who are interested therein. The structure of these tribunals is almost identical with that of county courts in England and America. The state is represented by a prosecuting attorney; both plaintiff and defendant may employ advocates, and the president delivers his charge to the jury after the evidence on both sides

has been taken.

The jurors are taken from all classes of the population. Their eligibility (to be determined hereafter) will depend on age, residence, property, and general intelligence and morality.

Hereditary nobles, the bourgaisie, merchants, mechanics, and even peasants, after having filled certain local offices, are to be included in the list. No juror is obliged to serve more than once a year. The prosecuting attorney has the right to challenge one-fifth and the defendant two-fifths of the whole number of jurors. A simple majority of the latter decides the case. If there should be

a tie, it is equivalent to a decision in favor of the defendant.

In case the judges unanimously consider a person innocent, whom the jury pronounces guilty, they have the right to refer the case to another jury, whose verdict shall be final. All verdicts must either fully convict or acquit.

No case can be tried in more than two instances. An appeal may be made from the decision of the district tribunal to the directing senate, which, if it finds sufficient reasons existing, may refer the case to a second tribunal of equal rank for a new trial, "conformable to the interpretation of the true spirit of the law." From this second decision there is no further appeal.

All legal distinctions, resulting from social conditions, are abolished.

All domiciliary visits, searches under warrant, and seizures, must be made in the presence of witnesses.

All persons arrested, upon whatever charge, must positively be examined within twenty-four hours.

Those exempted from personal detention are: infants, minors, men over

« AnteriorContinuar »