The Sun.
London, England, 1864-02-11 00:00:00

SPIRIT OF TILE PUBLIC JOURNALS.

POST.—Now that the greater portion of Schleswig
as well as Holstein are in possession of the German
Powers, it is probable that no very long interval
will elapse before Europe is informed what will be
done with them. The strong positions still held by
the Danes on the eastern coast will probably supply
the aggressive Powers with a pretext for alleging
that they do not yet possess that " material guaran-
tee" which they made a condition precedent to
acknowledging the rights of the Danish Sovereign
and making restitution of his sequestrated posses-
sions. If such a pretext should be advanced, the
least that can be said of it is that it will be of a
piece with the reasons assigned in the first instance
for invading the Danish territory. The German
Powers intend to retain possession of Schleswig, and
so long as a single Danish soldier remains in the
Duchy the object of the invasion will not be secured.
Already the work of appropriation has commenced.
That the guns with which the Dannewirke was
mounted should be seized by the invaders as tro-
phies of war was what might have been expected ;
but what excuse can be given for razing that line
of fortifications to the ground ? If all that Austria
and Prussia require be the revocation of the Con-
stitution of November, cannot they put the neces-
sary degree of pressure upon Denmark by the occu-
pation of Schleswig, without wantonly destroying
the defences of that Duchy ? Is it not, however,
but too apparent that the Dannewirke will be razed
to the ground because it is never to be of any fur-
ther use? If Schleswig be annexed to Germany,
there will be no more need of a line of fortifications
across that Duchy than there would be of one
across that of Saxe-Coburg. But, in the presence
of the events which are daily occurring, it is lettle
less than puerile to assume that the German
Powers intend at no distant period to restore to
Denmark her lost possessions. An opportunity
like the present is what Germany has been long
waiting, and it is absurd to suppose that she will
not now turn it to account. Neither the Emperor
of Austria nor the King of Prussia are supporters
of the popular party which at the present moment
clamours so noisily for the spoliation of Denmark.
But the Prussian. King has interests which, though
they clash with those of the minor German Powers,
equally conflict with the vested rights of the Danish
Crown, and Austria is content to aid in the accom-
plishment of the designs of her powerful neighbour.
The result to Denmark is in either case the same.
She must at any rate be despoiled, and the Duchies
whinu heretofore constituted a portion of her domi-
nions must be absorbed in that singular agglomera-
tion of States which is popularly described as Ger-
many. Whatever other effect their recent reverses
may have had, they certainly have not caused dis-
couragement to the Danish people. The resolution
passed by the Rigsdag in favour of the energetic
prosecution of the war cannot be considered as the
simple prompting of despair. The Danes have been
worsted at their weakest point, and they not unrea-
sonably conclude that they have now suffered at
the hands of the Germans the greatest evils in the
power of the latter to inflict. Events have followed
an almost similar course to those of the campaign
of 1848. And as that year saw Denmark stripped
of the Duchies, only to be restored at a subsequent
period, so the Danes fondly hope that in all respects
the parallel now afforded may be complete. It may
be rash, and doubtless is rash, for them to suppose
so, but the supposition is so natural that one cannot
be surprised at its being entertained. The Danes,
as we pointed out a few days since, are in a posi-
tion to carry on a defensive war in Schleswig with
comparative ease for many months to come. They
occupy the Island of Alsen on the eastern coast of
the Duchy, together with the strongly fortified po-
sition of Duppel on the adjoining mainland. From
the island it will be next to impossible for the Ger-
mans to dislodge them ; and yet, so long as the
Danish forces are concentrated there, the allied
Powers will be compelled to maintain a large army
of occupation in Schleswig. Meanwhile, however,
the Danes with their fleet may blockade the Ger-
man ports, and though at present only at war with
Austria and Prussia, may find it convenient for the
purposes of blockade to declare war against the
entire Confederation. By such a proceeding they
would only nominally increase the numbers of their
enemies, since the German Powers are without a
fleet. Meanwhile, however, the Danes may not
unreasonably expect that events may spring up to
divert the attention of their enemies. If the state of
Europe was settled, and if nothing disturbed the
universal tranquillity but the Dano-German quarrel,
then indeed it might be a matter of consideration
for the Danes whether it would not be expedient to
withdraw from an unavailing contest. But casting
our eyes over the map of Europe, and more espe-
cially over the territories of her present foes, Den-
mark may possibly discover a door of escape from
her present difficulties. Deserted though she has
been in her extremity by every State in Europe, she
may still detect a gleam of sunshine piercing the
heavy clouds which are now accumulating over the
heads of her enemies. If the Daniell Government
should fancy that we are on the eve of a great Euro-
pean war they might possibly be mistaken, but they
certainly would not be singular in entertaining that
idea. If they should suppose that a few months
hence will witness an Italian armyentering Venetia,
and a French army marching on the Rhine, they
might prove to be in error, but they would at least
have the excuse that their error was shared by
many observant and impartial persons. But surely,
if there was a general European war, does any one
pretend to say that in such an event Denmark
would not stand a fair chance either of reconquering
her Duchies, or having them reassigned to her by
the Congress which world remap Europe at the
conclusion of hostilities ? It is very well for those
who are interested in the maintenance of European
peace, and who lose nothing by the spoliation of
Denmark, to advise her to lay down her arms, and
accept what they are pleased to consider accona
plished facts. But Denmark may well hesitate
before accepting counsel dictated by such palpably
selfish considerations. Blot out England from the
map of Europe, and still the Danes might find in
L the proboble dissensions of the other continental

beStates sufficient justification for maintaining, for and that a friendly Power has suffered
ca that
at least some time to come, the struggle on which Though we believe that no culpable inches
c. out
they have now entered. tender no advice, we brought home to one Government, and ueu,etn, we
hold out no hope, we simply wish to state the there is even a primit facie ease for arbitteiumu
atter
reasons which most probably actuste the Danish ere far from being disposed to treat thehcarch, se
people in prolonging a resistance which some effect lightly. So long ago as the 26J1 of lest hco, 3)
to think most unavailing. We have hitherto we learn from a very instructive deal)
refused to give Denmark any material assistance, from Lord Russell to Lord Lyons, the f°eritunat the
and we have no right to assume the office of men- mitted, in an interview with Mr. Adams, coda],
atch ler ad.
tors when we are not asked for our advice. Unless cases of the Alabama and the Oreto were ase We
we put ourselves in the position of the Danes, we and in some degree a reproach to our lawl'Art,
cannot possibly appreciate their sentiments ; but, have no wish to retract that admission• and
placed in their position, we venture to say that cerely lament this gross abuse of our neutra.lwoity
thoughts of submission would be the last which while we cannot blame ourselves for the 101)
would occur to the national mind. which the Alabama enjoys, we give the I),,e,sirt eta.
'TIDIES.—A very important series of despatches dente of our good faith by anticipating siral; iiance
on the subject of the Alabama and her consorts has sions of the Foreign Enlistment Act with a Tig
just been presented to Parliament. It contains a which some denounce as inquisitorial.
collection of documents, such as protests, affidavits,
and consular reports, relative to the depredations of
these cruisers, as well as the cornmunie iticns which
have passed between the Foreign-office and Mr.
Adams, or his Government, upon tt e claims pre-
ferred on behalf of American citizens. These last
do not include any arising out of the Alexandra
case, or those which have been exchanged with re.
ference to the ironclads, on both of which topics
Lord Russell and Mr. Layard claimed the privilege
of reticence on Tuesday, night, on the ground that
they involve questions still pending. For a different
reason the remarkable letter of Mr. Seward, dated
July 11, which appeared in our columns on Monday,
has no place among these papers, although it has
been laid before Congress. It now appears, from
the statements made in both Houses, that this
letter, though authentic, was never delivered by
Mr. Adams to Lord Russell. No one who has
perused it will find fault with the discretion exer-
cised by the United States Minister, to whose
pacific efforts Lord Russell himself bears emphatic
testimony. A remonstrance which, though it con-
eludes with a compliment to the dignity of Great
Britain, warns us that, unless we lay an embargo
on Confederate privateers, they shall be pursued
" into the ports which thus, in violation of the
law of nations and the obligations of neutra-
lity, become harbours for the pirates," was scarcely
likely to promote the object which Mr. Adams
had at heart. It was probably judicious to treat
this missive as an isolated ebullition, written in an
interval of very natural but not very statesmanlike
vexation. At all events, it is out of harmony with
the moderate and argumentative tone which cha-
racterises the representations actually made to our
Government. The first despatch in this correspon-
dence which requires our attention is that of Lord
Russell to Mr. Adams, dated March 9, with respect
to a demand from the New York Mutual Insurance
Company. This demand may be taken as a type of
those which follow in rapid succession throughout
these pages. The claimants urge that since the
Alabama was built, fitted out, and despatched from
a British port, chiefly manned by British sailors,
taken out of British jurisdiction by a trick, pro-
tected by the use of the British flag, and admitted
to British ports in the colonies as a man-of war, she
was, " to all intents and purposes, a British vessel."
In some of these memorials, several of which are
framed on a uniform model, or " common form," as
lawyers would call it, two further arguments are
used. The one is that she was allowed to leave our
waters after due notice of her character and desti-
nation had been furnished to our Government ; the
other, that since, if she had been seized by the Tus-
eirora or any other Federal man-of-war after leaving
our territory, she would infallibly have claimed the
priviieges of British ownership, she must be a Bri-
tish "piratical craft." We have not space to discuss
points founded on the supposition of what the Ala-
bama would have done under circumstances which,
thanks to the inactivity of the Federal navy, never
occurred. We have to deal only with Lord Russell's
answers, which have always embodied an entire and
explicit disclaimer of responsibility. On July 13 he
adheres to what he had said on March 9, and on
September 14 ne protests against such pretensions
on account of captures made by vessels " originally
built" here, but " fitted oat" as warlike cruisers in
foreign ports, as "entirely at variance with the
principles of international law, and with the de-
cisions of American Courts of the highest au-
thority." He adds that he hopes Mr. Adams
may not again be instructed to put forward
claims which her Majesty's Government can-
not admit to be founded on any grounds of
law or justice." It was after this that Mr.
Adams applied to Washington for instructions es
to the course which he should thenceforth pursue,
and the result is announced in the important de-
spatch of October 23. As this despatch and Lord
Russell's reply to it represent with great accuracy
the two conflicting views, and complete the plead-
ings, so to speak, on either side, it may be worth
while to give a summary of their contents. Mr.
Adams starts by pointing out that Great Britain
and the United States are at peace, and mutually
bound by treaty to restrain their respective subjects
from making war upon each other. He next dwells
on the ravages of the Alabema, roving over the seas
" without lawful authority" that can be recognised
by international law, and "in open defiance of all
judicial tribunals" that can take cognisance of piracy.
Then comes the gravamen of the charge. She was
" built with the intent to make war against the
United States by British subjects, in a British port,
and prepared there to be armed and equipped with
a specific armament adapted to her construction for
the very purpose" of preying on American com-
merce. That armament and equipment were
"simultaneously prepared by British subjects, in a
British port, with the intent to complete her pre-
paration for her career," and the transfer of the ar-
mament to the hull was clandestinely arranged end
carried out "with the connivance of her British
holders." From these circumstances, taken together,
Mr. Adams infers " one single criminal intent run-
ning equally through all the portions of this pre-
paration," and, inasmuch as our Government,
though "bound by treaty obligations and the law
of nations to prevent the execution of it," did not
act with "promptness and energy enough" to frus-
trate the enterprise, he continues to insist that we
ought to indemnify American shipowners for the
losses which they have sustained. On the other
hand, he assures Lord Russell that " the United
States desire to maintain amity as well as peace,"
that they fully appreciate our difficulties, and that
they are willing to defer the settlement of their
claims for the present, or even to submit them to
arbitration. Lord Russell's response, dated Oct.
26, is more succinct and less controversial. He avails
himself of the admission that the present moment
is not the most favourable for the calm and candid
examination of the facts and principles in dispute.
At the same time he seizes the opportunity to show
the material distinction between such proceedings
as Washington's Government prohibited, when the
French attempted to make American ports their
basis of operations against this country, and those
which are the subject of these complaints. "'The
British Governmeni must decline to be responsible
for the acts of parties who fit out a seeming mer-
chant ship, send her to a port or to waters far from
the jurisdiction of a British Court, and there com-
mission, equip, and man her as a vessel of war."
Mr. Adams meets this in his rejoinder, dated Oct.
31, by denying that the Alabama and other vessels
of the same class " ever bore the semblance of mer-
chant ships, even to her Majesty's officers who re-
ported upon them." This is virtually the close of
the correspondence, for we can hardly treat the
allegation that the Alabama adopted at pleasure the
British or any other flag that might suit her pur-
pose as a substantive grievance. We have no inten-
tion of reopening the controvery which is thus sus-
pended, especially as we have so recently examined
the theory on which Mr. Adams' reasoning is based.
There are one or two considerations, however, which
will bear repetition, and cannot be excluded from
any review of this question. The first of these is that
the case of the Alabama, Florida, and Oreto is alto•
gether new, and cannot be directly brought under
any definite rule of international law. The fact is,
that it is only since steam power has revolutionised
naval warfare that the construction of one or two
such vessels in neutral building yards has been
capable of inflicting such annoyance on an enemy
and it is the peculiar fact that the harbours of the
Southern Confederacy are blockaded that makes the
power of procuring a navy elsewhere so invaluable
netnfinde
contem-
plated , e
to them. If we refer to the text-writers,as,fri a W s
that the violations ot
hl aetmi o na
are
eo fneutraldifferent
kind,
the capture of a belligerent vessel within three
miles of a neutral coast. When, therefore, we are
told that the duties of neutrality are prior to all
municipal laws and must be enforced, whether or
not there be any municipal Astute sufficient for the
purpose, we are entitled to ask for a clear definition
of these duties, as well as proof that a neutral Go-
vernment is answerable for all breaches of such
duties by its subjects. Rights are.e not always cor-
relative to duties, or even remedies
by no means followsthat becausee west o
orui gghhtts,,oauntdoit
of
self-respect or for reasons of domestic policy, to pro-
hibit or punish certain acts, a foreign Government
has a right to call us to account where we fail to do
so, because its own intereet 2 may be affected. There
is such a thing as damnuni abspe znfuria, and this
may be an example of it. Nor can we help endors-
ing Lord Russell's pertinent remark that no efficient
measures seem to have been taken by the United
States Government to capture the Alabama. In the
despatch which we have already quoted Mr. Seward
being informed us that a naval force was prepared
for this object with the utmost vigour, bat we
have heard nothing more of it as yet. The default
of the plaintiff himself is often a good defence on an
action for negligence, and we are far from cps,
that it might not be pleaded here. `"*.
remains that in the (mini--
auttwrities Dor 1-- -

STATE OF TRADE.

MANCHESTER, Feb. 9.—la shipping Pr° I,ic
had a better demand yesterday, with considera'f,
more business than of late. ro-day the feeling, h
not quite so good, except for water-twist, for hicai,
a fair demand has been experienced for the a*vs
terranean. For other descriptions of export YaeTs
the demand has been slow, owing to many ai,i3arc
asking higher prices. For home trade yarns sce
had more activity and a stronger market. A 5
ecib,
pared with last Tuesday, prices are id. to Id. Pero
higher for numbers up to 40's, while for 60's alb,
upwards prices have advanced id. to ld. peeper'
There has been but a limited business, tosvicg
in home trade yarns to-day, people baland
mostly supplied their wants, on Friday yea
yesterday. The cloth-market has also bad
quieter to-day than yesterday. Yesterday cceness
quite an active demand, and a very fair hnsi" to
was done in quarters where sellers were
take old prices. The same more cheerful feedice
which prevailed yesterday continued to-day) stibtoi.
have had on all sides inquiries for goods; hut, to
ness has been a good deal restricted, °Piing 10'
advance now asked by manufacturers, who fee doe
posed to demand higher prices, from thelol°Wi,eatio4
that, in addition to stocks being small, the Pt".,00
tion of cloth has been a good deal lessened iothe last few weeks. The chief demand 11014°10
40-inch shirtings and figured goods for China'
the advance is practically 3d. per piece higher'
many sellers are asking even a larger advance:tettP
LEEDS, 9th.—There was a tolerably goadaolll
ance of buyers, as well as sellers, in the cloth' gas
this morning, and a fair amount of htlailieaspedef
done in spring goods, including meltons,by
and fancy cloakings. The purchases were toesty tLe
the home trade houses, the aspect of affairs °with
Continent of Europe still checking operati°°tlcor
the Germanic Powers, and the bulk of the viers
dian trade for spring fabrics now being °ler,' ta
io
is a steady but not very brisk business acybere
plain black cloths of good make and finish'
of tD°
is no falling off in the general activitY,istrict'
woolien manufacturers of the surrounding "'laced'
and those in this borough are all well ev3Pt-or
there being little or no short time-running enrol
to
chinery. Wools still keep up in price, 6.-Jols°
...erne may be said as to other raw materials, °T.-actor°
to almost every description of woollen Inall°
made in the West Riding. if lide
NOTTINGHAM, 9th.—To-day being a h,e.".„1313° or,
there was a very small attendance at this-u45-:Titli°
hall. The demand for lace yarns was flat' aiteclf°
amount of business done was exceedingly 1°403011
little or no alteration in prices. There was nwet°
passing in hosiery yarns, and recent curNnc'e; toi)
fully quoted. In silks no change of import6fices lac
place. The demand for brown nets cooti°ll-
quid, and prices remain stationary. hrli°te
ROCHDALE, Bth.—To-day's has been 9 "-Ile wee-
-10
animated market than we have had for sore chose°
past. Although goods are easier to sell, Plirocce°'
are only made by the merchants as imn3ediatehigt<
sities require. Prices of all goods keePs-tatic'
higher than for years past—and this vel.,:citioo
depresses the demand for Yorkshire goods, ce"rot,
of which, except scourers, are saleable. 'aotiot°
tions in wool are trifling, owing to the cantle
tions
temper of the manufacturers and the absence
nduccment in the way of price.