The Express.
London, England, 1862-01-18 00:00:00

111911 waltz AT tosnow 111410611.

rnn nAT—wwworr. M Afliewes, 3h lere.
TO-MIMI -.SWAM 411. Allomme. 41s. SM.

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LONDON, SATURDAY, JAN. 18.

Tis possible fight between the Federal steamer
'Amerces and the Confederate steamer Nashville

sumbes at present one of the most exciting topics
el eoavettation. Thu tight between Hmewsw and
Tom Sarum hardly kindled more curiosity.
Probably the arrival of the Sumter would
only add to the public interest: although it is
just possible that before that event occurs the
Nashville may have been transferred to some
British owner. In the meantime it must be

admitted that serious public inconvenience attends
the presence of these American rivals in our ports.
Naturally the utmost anxiety is felt by the Corn-
wander of the Tuscarora lest the Nashville should
snake her escape ; and this anxiety will not be
diminished by the intelligence that Captain PAL-
1.. a:s, who allowed the Sumter to escape from Mar-
tiig.ie, has already been superseded. The officers
on ditty at the Southampton Docks are kept eon-
staidly on the watch to prevent any breach of the
peace on shore, and it appears that a British
frigate and some gunboats are ready at any mo-
ment to compel both the Federal and the Confe•

&rate to observe the duties of neutrality. At
present, indeed, our authorities are watching over
only one case of the sort. But since such Mike
may easily be multiplied, it may be useful to lay
down some general rule on the subject, the ob-
servance of which, without violating the principle
of neutrality, will save the public authorities from
the Annoyance and expense of keeping constant
guard over these exasperated rivals.
The principle of international law which governs
the obligations of the tw o ships is very obvious, viz.:
" The territory and the waters of the neutral
" are inviolable, and no hostility can be exercised
" therein." In the well-known work of Vsnrat
it is written : " Because foreigners can do nothing
" in a territory against the will of the Sovereign, it
" is unlawful to attack an enemy in a neutral coon-
" try, or to commit in it any act of hostility." And
be illustrates this position by an incident which
occurred in 1666. Tl.o Dutch East India fleet,
be 'flys, having put into Bergen, in Norway,
to avoid the English, the British Admiral had
the temerity to attack them there. But the
Governer of Bergen tired upon the assailants;
and the Court of Denmark complained, though,
perhaps, too feebly, of an attempt so injurious to
her rights and dignity. In order, then, to secure
the inviolability of the neutral territory, two rules
have been established. The first is that the
boundary of • neutral territory, which was
originally defined by the maxim, Terre domi-
Atitoir nbi figtaur aneurysm wit, has,

mince the introduction of fire-arms, been fixed
at the distance of three miles from the shore.
With the increased power of projectiles, however,
it is probable that even this limit will be extended.
From this rule it follows that no capture can be
made within the distance thus prescribed, and that
any attempt on the part either of the Federal or
the Confederate ship to use violence within these
limits will be resented as a violation of neutrality.
In short, neither the Tuscarora nor the Nashville
has any more right to begin an attack within gun-
shot of the coast of England, than Mr. YANCIT
has to attack Mr. Tniatcow Wean in the streets of
London. But there is a second rule which has
been established for the purpose of preventing the
inconvenience and the danger of active hostilities
in neutral territory. As the battle must not take place
within certain limits, neither must any step be taken
which directly teudsto hostilities, even although the
fight may not begin until the combatant* have
reached the open sea. In ceder to avoid this con-
tingency it has, therefore, been established as a rule
by general consent, that where two or more belli-
gerents are in a neutral port, the one party shall ad
leave the port until twenty-four hours have elapsed
from the departure of the other. This is the rule
which was acted upon by the French officer when
he was in danger of being carried off to meshy Cap-
tain Patna* of the Iroquois, and this is the rule
which it is proposed to enforce, and which ought
to be enforced, as between the Nashville
and the Tuscarora, at Southampton. If there
is one rule more universally admitted than
another in international law, it is that neither the
commerce nor the safety of neutral nations is to
be unnecessarily disturbed by the belligerent.
Blockade and the right of search are inconveniences
to which neutrals must submit, but they are
enough. The neutral who consults his own
dignity, and exercises his indisputable rights, can-
mot permit his ports to be used as stations out
of which one belligerent is to sally forth in order to
attack the other. As Lord firowsiz observes,
" the inconvenience to which the neutral territory
" will be exposed is obvious; if the respect due
" to it is violated by one party, it will soon pro-
" yoke a sitnilar treatment from the other also,
" till, instead of neutral ground, it will soon be-
" oome the theatre of war."
Now, these principles are universally ackfw►
lodged, and by none more clearly don by
American jurists. It may be, perhaps, Dasteasry
that a British frigate should constantly be kept
ready to interfere in caw of en actual breach of
neutrality. But it ought not to be. The Ameri-
can Government and the persons who have
equipped the Nashville ought to be informed of
the legal position assumed by the Government of
this country, and an intimation should be
conveyed that if any attempt is •made
by the Federalist or the Confederate
commander to violate the rules of neutrality