The national era. [volume] (Washington [D.C.]) 1847-1860, 1853-10-13

Certainly, IL there be one point OF maritime
and International law which is clearly and
positively defined, and which has been adopted
by all the Powers OF the world, it is the invio-
liability of neutral ports, the absolute prohib-
ton from committing, in such ports acts OF
war and of violence, even against the enemy
with whom we are at open war. Modern ms
tory furnishes but few examples OF cases OF this
kind. One of these rare instances is the attack
upon the Dutch East India feet which had
taken shelter in the port of Bergne, in Norway,
by the admiral commanding the forces of the
enemy; and although that attack was repulsed
by the guns of the fort of that neutral port,
Vattel--an authority universally recognised In
matters relating to the law of nations--does
nevertheless accuse the neutral Power Den
mark of having complained in too faint voice
of an undertaking 80 injurious to her dignity
and to her rights.
In order the better to establish the concur
renee of all nations, and the unaDimity of all
expounders of civil law on this question, we can
quote the authority of an American statesman.
The following is the opinion of Mr.. Henry
Wheaton "The right Of wal" says he, (Ele-
ments of international Law, Part ", chap. 3,
sec ~ "can be exercised only within the ter
ritory of the belligerent Powers, upon the high
seas, or in a territory belonging to no one.
Hence it follows that hOstilitles cannot lawfully
be exercised within the territorial jurisdiction
of the neutral State which is the common
friend of both parties Them section 9: Not
only are all captures made by the beligerent
cruisers within the limits of this jurisdiction
absolutely illegal and void, but captures made
by armed vessels stationed in bay or river, or
in the mouth of a river, or 10 the harbor Of
neutral State, for the purpose of exercising the
rights of war from this station, are also invalid
Thus where British privateer stationed itself
within the river Mississippi, in the neutral ter
ritory of the United States, for the purpose of
exercising the right Of war from the river, by
standing off and on, obtaining information at
the Balize, and overhauling vessels in their
course down the river and made the capture
in question within three English miles of the
alluvial islands formed at its mouth, restitution
of the captured vessel was decreed by Sir w.
Scott. So also, where belligerent ship, lying
within neutral territory, made capture with
her boats out of the neutral territory, the cap.
ture was held to be invalid; for, though the
hostile force employed was applied to the cap
tured vessel lying out of the territory yet no
such use of neutral territory for the purpose
OF war ID 10 DC permitted"
Ii all hostility against an enemy declared to
be within the territorial jurisdiction of a neu-
trail State, which has friendly relations with
both parties is severely condemned by all
writers on international law; if captures made
by belligerent cruisers in the bays of a neutral
State or even by the boats of the vessels sta
toned there out of that territory are null and
illegal according to the laws of the United
States and the DEGREES of the maritime courts
of Great Britain, an attack upon vessel be-
longing to friendly Power in neutral port
would deserve to be censured in still more Sc
we're terms.
The history Of maritime wars at the period
Of the French Revolution furnishes abundant
proofs of the very particular jealousy with
which the Government of the United States
maintained the rights of neutrals and the un
would cite some celebrated cases, in
which the first statesmen Of the Union, the
most distinguished predecessors of Mr.. Marcy
IN the high position which he fills, have defend
I'd the absolute inviolability of neutral ports
by means of most elaborate arguments. But
~ the undersigned is fully persuaded that the
'ame doctrines will serve as guides to the Gov
Of the United States on the present
he confines himself to this slight al
usiOn to those principles which were formerly
maintained, and very recently supported by
he Government of the United States, in rela-
ion to the rights of neutrals and more espe-
tally in regard to the inviolability of neutral
ports.
The Imperial Government entertains too
high an opinion of the sense of justice and of
he integrity of the Government of the United
States, to doubt for single instant its anxiety
% dsavow the conduct of its agents, under the
circumstances above mentioned, and that it will
lasten to call them to a severe account and
ender to Austria u satisfaction proportionate
o the magnitude of the outrage
The undersigned avails himself of this occa-
,ion to offer to the Secretary of State the re-
newed assurance of his high consideration.
HpLsEMANN.
The Hon. Wm l.. Marcy
Sec'y of State Of the United States