The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1847-02-25
THURSDAY MORNING, FEBRUARY 25
The british Government and the Mexican
War-Mexican Letters or Marque.

From the London Herald, Jan 2s1
The que ton put Viscount Paine Thursday
night Is one Of great importance AMI which well de.
serves the attention Of the press snd the nation large
y appeared from the public newspapers few days ago,
mat an agent oil the Mexican had recently
arrived in this country that he had established an
ONCE IN London, and announced that he authorised
TO issue etters OF marque aud The letters
OF marque issued against the United States and
acts OF naturalization defended protect persons
not natveborn Mexcsns scnz under those letters Of
buck, therefore, asked the foreign secretary, first
whether any notice had bee given of the existence OF
this Office, or of the appearance of such agent
neutral territory by the Minister of the United States to
her majesys government; and if SO, secondly, what
answer was given with respect to il
Mr. Roebuek proceeded to state that
those acts OF naturalization and letters Of marquee it
reported the United States government were determined
70 hang all parties taken fighting upder such
And alter having pronounced an opinion such pro-
ceedng he asked whether any pre- sutions had been
taken py ihe Brush Government and what correspon
Ststes' 49, -,
The Secretary Of State for Foreign Affairs ia reply to
ment had knowledge OF any agent on tho
part OF the Mexican tossue so mar1ua
and acts Of naturalization. A gunmaker. OF Tower.
hill had written TO the Tmes, that the decree of the
Mexican government auhsrsng the issung letters of
marqus might be seen at his Office, but that party did
not state that he was authorised to Issue them.
Lord Psmersten admitted that he had conversation
with the American Ambassador the subject, when he
assured his Excellency that would continue in our
position OF strict neutrality His lordshp went to
state that he had referred the question law adv
sers Of his Office and with respect to the question Of
treating persons found on board ships as pirates
he had considered it his duty to instruct Mr. Pakenham
TO express the United States his hope that
they would not apply the execution Of that threat to
SO far so good. But a. soms considerable time NAV
eapse before the opinions Of the law officers Of the Crown
are sscsraned We may a. well state impression that
the proceedings OF any one purporting to sell such IL
csnses are not only in defiance of the and sta
tute law Of England, but Of the common and Gus.
tomary law Of nations. Sovereign violates his per
feet obligations in violating the natural or perfect
rights OF another. A state make reprisals for
injuries committed against itself against it's sub
jects but not in favour Of third power even should
such power requastit ~ That which state cannet
do in its collective CAPACITY Il cannot dc by any of its
should possess control over its subjects in relation to
their conduct with foreign governments Such control
has ever been exercised by the OF England
any engagement inconsistent with the allegiance due 10
Queen viotora, Is high misdemeanor at common law
Es Of saS or T..
4h vol of Backstope 1t has been held upon the con.
British subject went out Of the realm with intent to serve
foreign state though he did not in fact or that
he actually served though he did not 20 for tho
however, that letters Of marque have been frequently
granted during tho late ana during every previous
war So they undoubtedly have BY the socrstarie:
Of State with the appreciation Of the King in Council
(3, during time Of war But never has this country
openly proessed to be an c6iens of pirates plum.
derers, where adventurers OF all nations could arm
neutral STATE Letters Of marqus arc grontabie by
the law Of nations wherever the subjects Of state
are oppressed and injured by those Of another and
Justice Ia denied by that state to which tho oppressor
belongs But the sovereign power in the state il
otherwise every private person might upon him to
levy war. In barbsrous era, Grotus tells u.s. in his
second book for tho subjects one State
to make reprsas on those Of another But the dangers
to which the supreme pow itself exposed by such
practices induced all the states Of Europe since the four
teenth century to withhold from their subjects the exer
N her hoe
been found indispensable to withhold such power from
English subjects In reference to alien .enemes how
much necessary IL 1t to withhold il from English.
men, raudulenty cothng themselves with the charac.
ter OF Mexcans in order to wage against ally
the United States We entertain individually as strong
opinion Mexcans themselves against the injustice
Of this American invasion OF the Mexican territory But
so long as we in amty with America should
utter territory to be made the theatre which hos.
tale against the United States planned BY
the Attn Henry 7, it ~ declared that If any subjects
Of the realm oppressed in the time OF by any
the King will grant marquee In due fol
such as feel Themselves aggrieved. But in this
there sufferers and subjects and the sggrieved
were obliged 10 apply " the Lord Prvy Seal who
to make out letters OF requs" under the Privy
Seal. Ii satisfaction restitution not then made
the Lord Chancellor sued letters Of marque under the
Great Seal But in the case OF the Mexican letters
dressed to English subjects at Towsrhill, else
in the city these English subjects frat Sivsst them
selves English ground their als glance and this
the Engliah law will not al ow them Lut of either
within or without the city SO far back the time OF
Carthew it held that il subject during war, with
my ship prize the prize would not be the property OF
the captor, but oil the droits of tho dmraly. n
the policy Of our law has required the Of British
ships, before the commission OF marqne is granted
give security TO tho Admiralty Tor any violation OF rea.
lies between those powers with whom the nation at
peace surely will not favor that species OF
piracyif IL be not actual and dow nright pirscy-uow
sousbtto be practsed We call therefore, Viscount
Palmerson to keep close 10 ok out these Towsr hill
gentlemen This not the ags vive even
lawful war, much less in camille speculation got
ip by moneyed Mexicans or moneyed kngish. Such
schemes obnoxious to the gu ant but arks
81 hlollOy 10Y, who thus speaks Of them =" Most
ain those sort CT caper or privaeers, being instru
ments found out but OF later ages, ami s well known
by whom, it well they restrained by consent
,t al princess since all good account them but one
remove from pirates who without any respect TO the
'ause, having any injury done them 8, much as
hired for the service spoil men and goods mike even
rade and calling of IL, amidst the caamtes Of war
IN driving a commerce and mart with the spoil, and
hat with much peace and content if they had ne yer
ieard Of tears, blood, wounds DEATH or any such
hing"
ny. vsttel, p. liv Q, chap. sec 34s Grotius book
J. Sec also Bsrbeyrae, in his " Notes BY ksrshoeko
md WORT ad. de Judtsiis.
C2). Just So 1 Easts Pleas of the Crown c. q
i 23.
Cs). Blaws's Lex Mercst.,n I73.
t4). Bouchard" Thcorie dos Trates de Commerce."
Q). Melloy, " De Jure Maritime OF Navale, D. 52
Important Movement.
From tho London News Jan ISL
ro IRON forh hall