The Sun.
London, England, 1861-05-27 00:00:00

2HE LAW OF PIarAYEERING.

'rtiser gives the
',the question of
The New York Commercial Adet
vateering. It
following as the Northern view of
while underwriters' risks and the law of pri
indicates that the insurance offices, eve,
re-
fusing to accept war risks, will be compelled to
make a considerable increase in their rates ,of pre-
mium to cover the claims that may be brought upon
them for " missing" ships that may have been de-
stroyed by privateers, and also by various acts of
fraud and collusion for which the war will afford.
facilities. It likewise deals with the question as to.
the difficulties that will be experienced by priva-
teers in getting their captures condemned either at
home or in neutral ports :

" It is believed from the history of underwriting
that in times of war this branch of our commercial
business has suffered more than any other;
that during such times nearly, it not all, of our'
underwriters become insolvent. What effect the,
present state of affairs may have upon them cannot
now be foreseen. History shows that civil or in-
ternal wars have been conducted with more malice
than foreign or external wars. Private propertr
has been usually less respected, and almost every
kind of seizure has beet 2 justified. Can anything
less than a similar result be expected at the present
time, when, on the one side, see!ional hate as strong
as possible, and all the malice thizt can be concen-
trated in the human heart exists, .and that, too,
when that side knows that it has little or no com-
merce to be preyed upon or injured in retaliation,,
while the commerce of their opponents is found.
everywhere!
" With a full knowledge of their liabilities, and
controversy between the an ,
the
long ago apprehensive of the result
underwritersofdouththse-growing-
for
several
months t h eing to-
hchediegfinNo themselves in by orthern cities have been
pro-
tective clauses in the policies. They are
will
of
assume the risks of all the ordinary perils the
seas,' but they know well that they could
not
as-
sume the risks of captures piratically and illegally
made, and keep themselves in a condition of sol-
vency. In times like these the hazards of all kinu
of commercial business are increased, but more par-
ticularly underwriting. Pirates and foyers will
doubtless be more numerous. Some masters of
vessels who in ordinary times would maintain their
integrity become tempted, and shield themselves
from their barratrous acts behind a sectiOnal
patriotism.
" Vessels driven by distress into the ports of the
enemy, though not captured or detained by the
authorities, may never leave those ports with their
cargoes. And here again individual bad faith would
be covered by the shield of patriotism and duty_
From vessels driven on shore in the enemy's country
individual patriotism would flourish and fatten.
upon the salvage. Vessels never heard from, classed
as missing,' may be sunk with their crews by the:
privateer, and as ' dead men tell no tales,' the•
master's protest would not be permitted to serve the
underwriters, and they must pay. It is for these
and other good reasons that the underwriters have
recently advanced their rates of premium on certain
classes of risks, notwithstanding the warranty they
require of the assured that they shall not be liable
for loss, damage, or expense arising from capture,
seizure, or detention, or occasioned by the acts of
any seceding or revolting State or States:
" Now, as to privateers. It is believed to be well
settled that a commission or letter of marque'
for a privateer is not of any force or effect unless
issued by a Government de facto, one that is
acknowledged by the principal maritime Powers of
the world. If this be so, then, as a matter of course,
any vessels sailing under any other commissions or
letters would very properly be considered as pirates.
and, if captured, be treated accordingly. Should
the leaders of the present rebellion in the Southern
States issue letters or commissions for this purpose
—aside from the personal peril the officers and
crews would incur—it could not avail them much,
for, with their ports blockaded, it would be imprac-
ticable for the privateers to get their prizes within
the jurisdiction of the courts of their own territory ;
and the condemnation must be pronounced by
a Prizo Court of the Government of the captor
sitting either in the country of the captor or
of his ally. The Prize Court of an ally cannot
condemn. Prize or no prize is a question belong-
ing exclusively to the Courts of the country of the
captor.' ' Prize Court of the captor may sit in
the territory of the ally, but it is not lawful for
such a Court to act in a neutral territory. Neutral
ports are not intended to be auxiliary to the opera-
tions of the power of war; and the law of nations
has clearly ordained that a Prize Court of a belli-
gerent captor cannot exercise jurisdiction in a
neutral country. This prohibition rests not merely
on the unfitness and danger of making neutral
lim to tho theatre of hostile proceedings, but it
stands on the ground of the usage of nations.'--
Kent's Com. 1., 110.
" The question may be asked—Will the rebellious
leaders not deem it for their interest to respect foreign
flags, and will it not, therefore, be safer to ship
goods by foreign vessels ? This question may be
answered by asking another—Did any one ever
know of a highwayman, when taking money on the
road, stop to ask the nationality of his subject? It
is the money he wants, not the nationality ; and su
it would be with the Southern privateers or pirates
—it is the goods and money they want, and not the
nationality ; and their rebellious leaders know full
well that no separate State of those United States,
or any confederation of them, could be held answer-
able to a foreign Government for a violation of its
flag. They know full well that the demand for re-
dress would have to be made upon the Government
of the United States, which alone could be held
answerable.
" The Government of the United States could
not, with any self-respect, admit the principle that
foreign Governments could seek their redress from
any one of its States or any confederation of them,
and any attempt on the part of a foreign Govern-
ment to seek such redress through force of arms
could not be otherwise regarded than as a declara-
tion of war against the United States, and the armies
of the New England States would be as prompt to
resent any such infringement of the rights of the
Government of the United States as they would
have been before the rebellion.
"That there will be pirates under the name of
privateers, afloat, is not to be doubted ; indeed, it
is asserted that several have already sailed with
their letters, notwithstanding the declaration of the
principal traitor, Jefferson Davis, that no letters
have been issued. So long as men can be found
who will engage in stealing men, women, and
children, which is regarded by nearly all civilised
nations as the worst form of piracy, there will be
found men to officer and man vessels, for the steal-
ing of private property on the great highway of
nations, the ocean."