The Sun.
London, England, 1861-12-11 00:00:00

FEDERAL PRIVATEERS.

Details were published yesterday of the fitting-
out of the propeller Pembroke, at Boston, to operate
as a Federal privateer in the Eastern seas. But it
seems that the question as to whether the Confede-
rates are to be "rebels" or "belligerents," or
neither one nor the other, except as it suits the
Cabinet at Washington, has caused some perplexities
regarding this vessel. According to the following
letter from the head of the Navy Department to
Mr. Seward, it is the opinion of that authority that
if letters of Marque were to be issued against the
Confederates the act would be tantamount to a
recognition of them as belligerents. To avoid this
fatal contingency the recommendation was that
they should be treated as pirates, and it is for the
Purpose of their capture and destruction, under
Cover of that assumption, that the Pembroke has
roost probably been commissioned :
"Navy Department, Washington, Oct. 1, 1861.
`` Sir,—ln relation to the communication of R. B. Forbes,
seP, a copy of wh ch was sent by you to this depart-
ment en the 16th ult., inquiring whether letters of marque
cannot be furnished for the propeller Pembroke, which is
about to be despatched to China, I have the honour to state
that it appears to ma there are objections to, and no autho-
rity for, granting letters of marque in the present contest. I
410 not aware that Congress, which has the exclusive power
of granting letters of marque and reprisal, has authorised
such letter to be issued against the insurgents; and, were
there such authorisation, I am not prepared to advise its
etxereiee, view,
because it would, in my be a recognition of
the assumption of the insurgents that they are a distinct
and independent nationality.
" Under the Act of Aug. 5, 1861, supplementary to an
Act entitled an Act to protect the Commerce of the United
States, and to punish the crime of ' Piracy,' the President
is authorised to instruct the commanders of armed vessels
sailing under the authority of any letters of marque and re-
prisal granted by the Congress of the United States, or the
commanders of any other suitable vessels, to subdue, seize,
-,,Lake, and, if on the high sea,s, o send into any port of the
nited States any vessel or boat, built, purchased, fitted
out, or held,' &c. This allusion to letters of marque does
hot authorise such letters to be issued, nor do I find any other
Act containing such authorisation. But the same Act in the
zd section, as above quoted, gives the President power to
authorise the' commanders of any suitable vessels to subdue,
seize, &c. Under this clause letters permissive, under pro-
Per restrictions and guards against abuse, might be granted
to the propeller Pembroke, so as to meet the views ex-
pressed by Mr. Forbes. This would seem to be lawful, end
Perhaps not liable to the objections of granting letters of
marque against our own citizens, and that too without law
or authority from the only constituted power that can
grant it.

" I have the honour to transmit herewith a copy of a
letter from Messrs. J. M. Forbes and Co. and others, ad-
dressed to this department on the same subject.—l am, very
l'Es•pectfully, your obedient servant,
• "•GfiDEoN WELLES.
" non. IV. }I. Seward, Secretary 61:8tate."

ROBBING THE DILIGENCE.—The diligence from
Prance to Burgos (Spain) was stopped one night last week
between Castille-de-Peones and Monastetia, by five high-
Nv, aYmen, who robbed the conductor of 40 duros (5f 30c each),
nut did not ill-treat the passengers. They expected to find
a Considerable amount of specie in the diligence, but fortu-
nately it had not been sent that day.
.rThe episcopal church at Fairfax Court-house, in
lrginia, has been destroyed by the Confederate and Fede-
ral troops. The church was ono of the oldest in the United
States. It was hnilt by Lord Fairfax, and the pulpet and
altar were constructed in England. It was in this church
and at this altar that George Weshington was married.
I-10RD LYNDHURST AND THE TRENT OUTRAGE.—
The -Dublin Evening Mail publishes a statement which
;ill; excite widespread interest. It asserts that Lord
'Yndhnrst has declared, in unmistakable terms, that the
seizure of Slidell and Mason was an audacious breach of
Government but to resent the outrage. The Mail makes
14i! announcement upon the strength of private information
stt Its possession,