The Sun.
London, England, 1861-05-23 00:00:00

servav

I,XTTERS OP MARQUE.

The following communication on the subject of
Letters of marque suggests points on which all the

principal merchants conneeted with America are
anxious to obtain some definite view :

" May 22, 1861.
" Sir,—The commercial community is at present
in the greatest uncertainty as to the consequences
resulting from the British Government having
decided to concede to the Southern Confederacy of
North America the rights of belligerents. A. vague
impression seems to prevail that Southern privateers
would have to bring their prizes into a port of one
of the seceded States in order to get them legally
condemned, and it is generally concluded tha, as
the United States' navy is about to establish a ?lose
blockade of all Southern ports, privateers, even if
they succeeded in eluding the blockading ves3els
and in getting to sea, would find it next to imps.
Bible to bring their prizes into a port for condemna-

tion.
" The best legal authorities on this subject seem,
however, to establish clearly that captains can bring
their prizes into neutral ports and have them con-
demned—while lying in such neutral ports—by
prize courts sitting in the captor's country.
" I find the following in Arnould on Marine In-
surance and Averages, vol. 1, p. 676 :
It was for some time supposed that a prize
court, though sitting in the country of the captors,
had no jurisdiction over prizes lying in a
neutral port, and Lord Stowell in one case seems
to have acted on this principle. Subsequently,
however, though he still admitted the correctness
of the principle, yet he felt himself bound by the
contrary practice which had for so long a period
prevailed ; and acted upon the rule which is now
delnitively settled End sanctioned—viz., that the
condemnation by a court of captors sitting in the
country of the captors upon prizes carried into a
neutral port, and remaining there, is valid by the
general usage of natons. There can be no doubt,
and, in fact, it has been so decided, that a belligerent
prize court sitting in its own country has jurisdic-
tion to condemn as prize captured ships brought
into the ports of an ally.'
" Further, vol. 1, page 678, sec. 244, the proposi-

tion is :
" ' That the sentence of a foreign Court of Ad-
miralty on questions of prize is conclusive evidence
in our Court upon all points within its jurisdiction,
and upon which the sentence on the face of it pro-
fesses to decide, but upon none other.'
" And again, vol. 2, page 834 :
" And the ccndemnation, in order to be legal,
must be pronounced by a prize court of the Govern-
ment of the captor, sitting either in the country of
the captor or of his ally. The prize court of an ally
cannot condemn, nor can a prize court of the cap-
tors lawfully act as such in a neutral territory; but
the prize court of a captor sitting .n the country of
his own Sovereign or of an ally aas lawful juris-
diction over prizes carried into neutral ports, and
remaining there at the time of 'passing sentence.—
" Smart v. Wolfe" (3 T. Rep. 2g3). " Schooner
Sophie" (6 Rob. Ad. Rep., 138, it notes).'
" Also in Charles, Lord Tenterden, revised by
Sergeant Shee, " On Merchant Fhips and Seamen,"
page 20 21 a
" The doctrine of the British Courts proceeds, as
it is at once seen, not so much upon its supposed
correctness as upon the general usage of nations,
and particularly of Great Britain. The question
has been argued upon principle in the Supreme
Court of the United States, and, after elaborate dis-
cussion, it has been finally adjudged that a condem-
nation of prize property while lying in a neutral
port, or in the port of an ally, is valid, and may be
rightfully proceeded in by the touts of the captors.
—" Hudson v. Gnestier," 4 Cranch. Rep. 293, S.C. ;
6 Cranch. 281 ; " The Arabella and Madeira," 2
Gall. Rep. 368 ; Story; note to American edition,
p. 16.'
" From these extracts it would seem that, as the
law stands now, a privateer with letters of marque
issued by Mr. Jefferson Davis may take his prize
into any British or other neutral port—say, in the
West Indies, in the Pacific, or in European waters,
and, while lying there, have her legally condemned
by a prize court sitting in Charleston, New Orleans,
or Mobile, the sentence of such court being virtu-
ally binding upon our courts.
" My object in claiming space for these remarks
is to elicit some decided and competent opinion as
to the real state of the law respecting this very im-
portant subject, and either to allay vague fears, or
show clearly the dangers we may have to guard
against.-1 remain, sir, your most obedient servant,
" FREDERICK LEHMANN,
(Firm of Na 3 lor, Vickers, and Co.)"

On Monday last a performance of music of a
very high order was given in Messrs. Collard's
concert-room, at their establishment in Grosvenor-
street. Madame Wartel, the celebrated pianiste,
gave the concert to a select circle, who were much
gratified by the musical treat afforded them.
Among the vocalists were Miss Wilkinson, a young
performer of great promise ; Madame Rieder,
whose rendering of the famous " Shadow Song"
was warmly applauded ; and Mr. Patey, who gave
Wallace's fine song of " The Bellringer" with
spirit and effect. The instrumental performances
were of a very high character. Beethoven's trio
in C minor for the piano, the violin, and the violon-
cello, was admirably played by Madame Wartel,
Messrs. Poznanstri and Ould. M. Poznanstri
was much applauded in a solo for the
violin of Vieuxtemp's composition. M. Paque
gave Schubert's serenade for the violon-
cello with wonderful skill and expression. There
were many other instrumental pieces of merit, pro-
minent among them being Madame Wartel's per-
formance of Mozart's Sonata in A Minor, which
displayed her brilliant execution to full advantage.
We are glad to find that Madame Wartel proposes
to give a public concert at the same rooms on Mon-
day, June 3, when some of our principal performers,
vocal and instrumental, will assist. We !vise all
who appreciate really excellent music adequately
rendered, to secure this opportunity of hearing 4.