Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1853-09-09
.I1STrIaN PROTEST AGAINST THE UNITED
STATES OF AMERICA.

The events of the 81 July at Smyrna present III aouoe
,int n vi.w serious deviation from The rules Of inter-
r,nnul ,u LAT The commander OF Tie United Stulcs
sip OF war ST. Louis threatened his Imperial Majesty orig
the Hussar with hostile attack 'e'ehn@ ns guns asa'
The latter and announcing in wiling mat cef'uh ihni
vidna detained on board, and whose nationality was con-
between the agents of the two governments was not
10 him certain hour ne ~ould taKe nun ny
t-r. 81 rns oct of hostility committed in the port
If neural Power, The friend Of The Two nations No
doubt the threat attack the snip oi sovereign oa'e,
and which carries lie flag is nolhng less IMAM eacc u
war. n, T., a.,
Now he right make war il necessarily, and by the
yey nature OF that right inherent IN the sovereign power
,rh oi such great importance, Gays Vatei, Lap o.
Nations vol book 3 chap. ~ The right OF Judging "he-
brr ma lion has real subject of com pant II u he case
TO use force 10 take Justly; il prudence permits III II le
ood o( The State requires this right, say, can only
belong To The nation or 10 ho sovereign wihch repre-
SCENTS H. Is doubt among the number OF lhnse riSnls
wi,hou, which Government cannot be conducted In sa
utary manner and which is called The right OF majesty
rhr founders OF the Republic Of the United States ol
America have fully edecd from The commencement
The Artite les Confederation and perpetual Union between
the States OF New Hampshire Massachusetts &c oi Tue
9th july 1878 contain The following sllpuIauhs; lne
Congress OF the United Stucs shall alone and exclusively
exercise The right Of declaring war and making peace.
This basis oil the public Ia" Of N"f'h american nus Gep
and sanctioned By the Constitution oil te on
,d States Of the 7l Of September, 1884, which, IN ihn m
section explicitly 10 The Congress Inc power oil de-
rlornr war The Constitution Of the United States Is in
ina IsDec in perfect harmony with The pu:c law OF Eu
rope But this right, which is reserved Tor the supreme
power State, would be llusory and nun te con-
ndes of naval forces others were uuthorlZed either
explicitly or acitly undertake, either al Their own sus
pestion or at command with The assent OF dipoa
tic consular agent acts OF hostility Or OF war against e
ships troops of another nation, without sptcl euef
from The supreme authority OF their country, notified In me
terms prescribed by the laws Of nations.
IL is impu sib the regular governments OF Tie CIVIL
zed world Should expose their authority as well rs The gen
erai peace The chance u hostllles commenced WITHOUT
their ledge and without the special authority vi me SO
yetegn puwrr by any unconafy IN foreign ports We ar
r;ve NJ he second of the questions of international law
mentioned above There is d"nbt that If there be any
point OF maritime International law precise clear and
adoptei by all nations in the world Is the inviuabty u
neutral ports The absolute prohibition TO commit any acts o.
war or violence there against M enemy against whom
pur has declared Modern history affords but iew e1'
omnlcs of The aI,er case One Of those examples IS
the attack Dutch East India heet which had entered
the port Bcrghen In Norway, by an enemYs admrali
and although that attack reulsed by The cannon o The
forts Of The neutral port; Vattel, authority universally
the law vi na0ns nevertheless accuses
| Denmark the neural pUMcr oi having complained To-"
quietly OF proceeding injurious 10 It's dignity ana It's
rights In order the better 10 establish the accord OF all ma
lions all csists this question: we may quote The a
thorily OF American statesman. The following Is tht
opinion pronounced by Mr.. Henry Wheaton:
"lhe rights OF cannot be exercised except within te
territory t- belgcent Powers, or Out al sea- or whIn
territory having II follows that hoslitlcs can.
not be fairly within the territorial jurisdiction OF
the neutral State which the common friend OF The two
parties only all captures made by hegerenl crnl-
sers within that jurisdiction Illegal and null but the
lures made by ships of which place themselves within
hays rivers the mouth OF rivers or IN tue aroos oil NJ u
State, exercise the rights n war from ha sat"n
] are likewise null.
FOR example, when British prlvairer stationed herself
in the Mississippi in the neutral territory OF the UNI.
ted States the rights OF war from that point by
going and coming by obtaining Information al Belize and
by searching ships which descending the
this prvalrcr repeat effected capture al about three
English miles from islands Of sand formed at the mouth
o the Mississippi Sir w. Scott ordered the restitution oi
the captured ship
"On the principle when beligerent snip, being
within nrntra territory effects captne with her boat
OF territory, the capture Is considered null For,
although lc eqetni ,4H4 y1t'.sr ttfirrT
10 make neutral territory 10 order 10 carry on
war NJ Tie Annu November 1905. RobinonS Admiralty
] Reports, roi. 5, page 373)
Ii every hostility against declared enemy within
the territorial jurisdiction OF neutral State which Is on
terms Of friendship With the US" parties be de"ynl; cap
effected by bgcreu cruisers within The bays oi the
Neutral State by tho boats Of ships without the ter
ritory whilst The ships remain within it, null and illegal
according the law the United States and according TO
the DEGREES o The maritime tribunals of Great Britain the
attack OF ship belonging friendly Power in neutral
port would merit 10 be still more severely stigmazed
UNSUCCESSFUL ATTEMPT TO CAPTURE 4 FU.
GITIVE SLAFE.-On Saturday last Marshal Wynkoop,
Philadelphia accompanied by four assistants made de-
scent on the dining Of the Pn0nix Hotel al Wilkes
barre Pa and arrested of the cUorcd employed
there by The OF B the charge oi being fugitive
slave from The South The Marshal succeeded in getting
the handcus on Of Blls wrists but before he could Sc
cure the other Bit freed himself by sudden curl seized
II e, tI de-