Richmond daily Whig. [volume] (Richmond, Va.) 1842-1861, 1853-09-08
AUSTRIAN PROTEST AGAINST Tiig UNITED
STATES or AMERICA.

The following memorandum has been communicated
by the Austrian Minister for Foreign Affairs to the Min
isters Of the several foreign Courts;
"rhe of the I'd Of July Smyrna present in
double point Of vew serious deviation from the rules OF
international law. LIST The commander OF the United
States ship of ST. LOUIS threatened Ills Imperial Ma
jestys brig the Hussar with hostile attack dwelling his
guns against the latter and announcing in writing that II
certain individual detained board and whose nation
aly contested between the agents of the two Gov
ernments, surrendered To him at Sertaiu hour
he would take him by force. 3 This OF hostility
committed in the port of neutral Power the friend of the
two nations No doubt the threat to attack the ship OF
sovereign State and which carries it, flag nothing less
than menace Of Now, the right TO make war Is
necessarily and by the nature of that right inherent
in the sovereign power right OF such great Importance
(says Vatte Lac Of Ndtioss vol . book 3, chapter
the right of judging whether nation has real subject
for complaint IL be case to use force to take justly
If prudence permits It'll the good OF the State requires
itthis right say, only belong to the nation or to
the sovereign which represents it, IL is no Doubt among
the number OF those rights without which GoNcrnnent
cannot be conducted in Salutay manner, and which is
called the right of Majesty. The founders OF the Rcpub
lie OF the United States of America have fully aeSnowl
edged from the commencement OF the Union, the rights
reserved for the sovereign power The articles OF
federation and perpetual Union between the States of New
Hampshire, Massachusetts, Nc, OF the YIN july lIlS,
contain the following stpulauous The congress OF the
United States shall alone aud exclusively, exercise the
right OF declaring and making peace
"Tnis basis OF the public AN oi North America has
been maintained and sanctioned by the Constitution of the
United States the 18th Of September, 1851 which, in
the It'll section explicitly to the Congress the
power of declaring The Constitution ct the United
States is in this respect perfect harmony with the public
Law OF Europe But this right which reserved for the
Supreme Power OF each State, would be iusory and null
il the commanders OF naval forces others author
zed, either explicitly OF tLcy TO undertake. either at
their suggestion the command, with the
sent OF diplomatic cOntuar agent of hostility
of against the ships troops of another naon with
out special order from the authority OF their
country, notified in the terms prescribed by the
laws OF nations IL is impossible that the regular govern
OF TIE civilized world should expose their authority
well the general peace the chance Of hostitcs
commenced without their kno ledge, 40 without the
special authority of the sovereign power
AIRY in foreign parts. We arSSs at the 2d Of the two
questions OF international Law Mentioned above.
"There Is doubt that II there b. any point of
thine aud international Law precise clear aud adopted 10y
all nations in the world IL is the invioabty of neutral
ports the absolute prohibit any acts of war
Or violence there against enemy against whom
has been declared Modern history affords hut few
examples of the latter One of those examples
the attack of the Dutch East Indian fleet which had
tered the port Of Berghen in Norway, by eneny al
mral and although that attack repulsed by the
OF the fOrts OF the neutral port Nael, authority
universally the law OF nations nevertheless
accuses Denmark, the neutral poSer othavng complain
ed quietly of proceeding Injurious it, dignity
and it, rights In order the better establish the accord
between all nations and all lcsSts this question,
may quote the authority OF an American statesman.
The following i the opinion pronounced by Mr. Hen
rvs Wheaton The rights of cannot be- exercised
Cept within the territory OF the begcrcnt poSer
"A
that ho-ties he fairly exercised within the terri
toTd jurisdiction of the neutral STATE which Is the
mon friend of the parties Not only all captures
made 10y beligrrCnt cruisers Within that Jurisdiction lie
al aud null but the captures made by SHIPS OF war, which
place themselves within bays, rivers at the mouth Of
OF in the hatboJ OF neutral state, TO exercise the
rights war from that keSse null For cN.
ample, when British pryatecr stationed herself 20 tIe
RIVER Mississippi, tue neutral territory OF the United
a'es, the rights OF from that point 10y
going aud coming by obtaining information Belize aud
10y searching SHIPS which descending the rvcr-whru
TINS rryateer, repeat effected capture about three
Eug>h miles itom the islands oilInl formed the moUt
Of the Mississippi SIR W. Scott ordered the restitution at
tie captured slip Ca the principle, when a bcl-
crent ship being within neutral territory, effects cap
With her boat outside Of that territory the capture
considered null. For although he cucmys
poycd against the vessel capiUrod without the territory
br permitted ~ make such of neutral
territory in OrdcE csrry war. Tine Anna, NOvem
Der 1905 RoOinson's Admiralty Reports, Vol o. page
S13)
II every OF hostility against declared enemy with
in the territorial jurisdiction oi neutral STATE watch =
terms oi friendship with the parties, be dsoyal-ii
captures effected 10y helgerut cruises within the hays OF
lac neutral State hy the boats OF s,ns w.huI
the territory, whilst the ships remain within II. mai
iHd Illegal according tle Law of the United States, auI
according the DEGREES oI the MARITIME tribunals u GrcI;
Britain, the attack oi ship belonging friendly power
neutral port would merit 10 be s;l more severely sig
uatzed.