The Democratic sentinel. [volume] (Cadiz, Ohio) 1852-1853, 1853-10-12

4 Upon this point, the constitution OF the U
nited States harmonizes perfectly with the
public law of Europe.
But this right, reserved to the supreme
power of each country, would become illu.
sorry and null, if commanders of naval for.
ces or others were to be explicitly or tacitly
authorized to undertake, either of their own
accord, or upon the order or with the con.
sent of diplomatic or consular agent, to
commit acts of aggression and of war against
the vessels or the troops Of another nation
without special instructions from the sup
RENE authority of their own country, Motif.
ed in the forms precribed by the law of ma.
tions.
1t is impossible that the regular govern.
ments of the civilized world can wish to ex-
pose their authority, as well as general
peace TO the hazards of hostilities commen.
ced without their knowledge, and special
authority from the sovereign power, by such
or such functionary, in foreign land.
2dly. This act of hostility has been COM
mitted in a neutral port of power friend
ly to both nations. ' .
Certainly if there be one point of mari
time and International law which is clearly
and positively defined and which has been
adopted by all the powers of the world, it is
the inviolability ofneutral ports, the a6ao.
lute prohibition from committing, in such
ports, acts of war and of violence, even
gainst the enemy with whom we are at op.
en- war. Modern history furnishes but few
examples of cases of this kind.
One OF the rare instances is the attack
mon the Dutch East India feet, which had
taken shelter in the porte OF Bergne in Nor.
way, by the admiral commanding the for.
ces of the enemy; and although that attack
was repulsed by the guns Of that neutra
porte, VattaL--and authority recognized in
matters relating to the laws of nations
does nevertheless accuse the neutral power
(Denmark) of having complained in toe
faint voice of an undertaking so injurious
TO her dignity and her rights. 5T'+
In order the better to establish the con
currence of all nations, AMI unanimity of all
expounders of civil law on the question, VT
can quote the authority of American states
man. The following is the opinion OF Mr.
Henry Wheaton: "The rights oi war;" say.
he, elements of International law, part lV
chapter Ill, 5 7, "can be exercised on J
within the territory of the billigerent pow,
ers, upon IL high seas, Or in aterritory be
longing to no one. Hence it follows tha
hostities cannot lawfully be exercised with
in territorial jurisdiction of the neutral Sta''
which is the common friend Of both parte:
Then, S 8. Not only are all captures made
bv the biligerent cruisers within the limits
of this jurisction absolutely illegal and void
but captures made by armed vessels sta
toned in a bay Or river, or in the mOuthef
Il river, or in the harbor Of neutral State
for the purpose of exercising the rights o
war from this station, are also invalid
Thus, was the British lrivateer stationlno
itself within the river Mississippi, in tht
neutral territory of the United States, fol
the purpose of exercising the right of wal
| from the river, by standing off and on, OBJ,
tanning information at the BAIaize, ,and over
hauling vessels in their course down the ri.
yer, and the capture in question within
three English miles Of the aIluvial islands
formed at its mouth, restitution of the cap
tured vessel was decreed by Sir w. Scott
So, o,also W ere beligerent ship, lying with
in a neutral territory, made Il capture will
her boats cut of the neutral territory, the
capture was held to be invalid; for though
the hostile force employed was applied tc
the captured vessel lying out of the terrific
ry, yet no such use of a neutral territory for
the purpose OF war is to be permitted"
If all hostility against an enemy declared
to be within the territorial jurisdiction Of "a
neutral State, which has friendly relations
with both parties is severel y condemned by
all writers on international law;if captures
made by beligerent cruisers in the bays oI
~ neutral State, or even by the boats Of the
vessels stationed there out Of ttat territory
are null and alegaI, acco' ding to the law Of
the United States, and the DEGREES of the
maratme courts of Great Britain, an attack
upon a vessel belonging to a friendly power
in Il neutral port would deserve to be cen
sured in still more severe terms. at
The history of maritime wars at the peril
cd of the French revolution furnishes abun-
dant proofs Of the very particular jealousy
with which the government OF the United
States maintained the right of neutrals; and
the undersigned would cite some celebrated
cases, in which the first statesmen of the u
MON, the most distinguished predecessors OF
Mr.. Marcy in the high position which he fills
have defended the absolute inviolability OF
neutral ports by means of the most elabor-
ate arguments. But as the undersigned
is fully persuaded that the same doctrines
will serve as guides to the government OF
tie United States on the present occasion,
he confines himself to this slight allusion to
those principles which were formerly main
tanned, and very recently supported by the
government of the United States in relation
to the rights of neutras, and more especial
ly in regard to the inviolability ofneutral
ports.ny' tG sl'I ,r t.M"
The imperial government entertains too
high an opinion of the sense Of justice and
integrity of the government of the United
States to doubt for single instant its an
| iety to dsayow the conduct tofits agents, ,un-
der the circumstances above mentioned ,and
/ chat it will hasten to call them to severe
! account, and tender to Austria satisfaction
proportionate to the magnitude OF the OUT
rage. aa ..st 9 p afsA ~ >hA
/ The undersigned avails himself of this
occasion to offer to the Secretary of State
the renewed assurance of his high consider
alton. .,.s.t. Do sa HULSEMANN.
/ The Hon. WM. L. MARCY, l~ 1aamu1 tt
ibr Secretary of State of the United
States. i 15isyH5H n ia,.tH. a & l
MR.. MARCY TO Mr.. HIT SEMANN