New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1853-10-01

smvrn. M. "a nteese sny obstacle TO the exrsion Of
the soressid Koszts By the Conu Of France 20
the Consnl General Of Austria a; smyrna
But apart from this question Of Jurs4ieh0n !, e.pe
sIiy the mode adopted by the f5nconares of the United
States 10 order settle the matter which has gvea the
Imperisl Government the most legitimate grOaOs OF con
Jlsnt The &C, Of violence which the comn1nier Of the
sIop Of war 81. Louis committed against the Austrian brig
Hussar that real Of committed IN full peace IN
neutral port the fatal effects Of which were only svered
by the prudence and moderation Of our C1asu General AZ
srnyrna constitutes outrage upon the priDcp- o. ts
laws Of nations, and the Imperial government ~ ID
doubt but that this act viewed in such Egnt Wn hsse
been condemned by the Government OF me tni'7d
said nj being itself interested in prevenag he
repetition Of similar occurrences Inc e'eh.s VI NC
July at Smyrna present in two fold pont OF yieN
ous deviation from The rges o. .o,a war 81
Louis threatened the brig Of BIS iinpt,si m -;
Hai..ty the Husar with hostile stiacH' .! Ol..s =
en- 10 besr anon the latter and by announcing IN WIN
r., n citain individual detained on board, whose
nniionnIty WA being discussed between me azoHs
the Governments was not ~; ~ a; tor
stated hour be would 90 and take MN y NAN
IT,, can he no doubt but that the threat Of atackng oy
main force vessel ofwar belonging to the military mirne
Of sovereign State whose nag enc csfris honns e
thar threat Of an act Of war
Now The right Of making war IL necessarily ana from
e very nature Of that right, inherent m the sDseegn
uower A right Of so mJmeDtOus nature, says NHts-
Jaw OF Nations vol 2 book B. chap /, section a. the
right Of Judging whether the nation has real gronnis OF
complaint whether she is authorized 10 enpoy FORE an
Of such step end whether the welfare Of the state re
ques it-th6t right say, ran te0Ag only 70 ne O01Y
tie nation or TO ne oorsretgn her rcesenlo4e - -
doubtless one Of those rights rosf hieh mere can o 80
solutorU Gorernment aud which are, therefore eaiei
yiehs Of mejesy The founders OF the hepuDuc OF .ns
United Staes fully recognized from the beginning Oh 1he
Union the rights reserved TO the Sovereign power Inc
y,ics Of perpetual cOnfederacy and union between tno
Sistos Of kew Hampshire Massachusetts,, &C. OF l1!s
contain already the following stipulation IN 'h article
Jbs rifh Of declaring and make shall belong sole
" and vy Congress Of The united Stsies
Jj; ba. of the public law VI the United States was
rreeryed and sanctioned by the Constitution Of the nj
ted Staes Of 17s7 which reserves the power OF dean
war xIIcitly to Congress (Secton 81 Upon this PDnl
The Constitution the United States harm9nzes perfectly
with the public law Of Europe but this ht reserved 20
suI r. M power Of each country wOud becoue usoy
ard null if mmandes uf naval forces or others were 10
he cty or tactl authorized t. undertake either OF
their VII accord upon the order or with tie consent Oh
diplomatic consular agent TO commit acts 81 agsres
sion and Of against the vessels OF the troops OF ahDor
nation without special instructions from the supreme au
thoriy of their country, notified IN the forms pre-
scrbd BY the law Of nations II is impossible that the
reoulAr of the civilized world can wish 70
e,pose hr authority well as general peace to the
hazads of hosies commen need without their knowledge
ond without special authority from the sovereign power
by such or such functionary in a foreign land
Seooadly This oct OF hostility has been com nltted ~
neutral port of power friendly to both nations Certainly
If there be one point Of maritime and INTERNATIONAL law
which is clearly aud positively Defined and wDch mas
been adopted by all the powers Of the wordit IL the in
volatility Of neutral pOsthe absolute prohibition from
contne in such ports acts of war and Of violence even
against the enemy it'll whom topen war III dem
I,ory furnishes but few examples Of Of this kin
One Of these instances is the attack upon the Dntch
East India feet which had taken shelter in the port OF
Bereeu in Norway, by the Admiral comm inding the
forces of the enemy; and although that attack was re
used by the guns Of the fort Of that neutral port Vatte
authority yersay recognized IN matters relating 70
the law OF nations does nevertheless accuse the neutral
pover- Deumark-of having complained in too FAINT a
voice of undertaking injurious to her dignity ami u
her rights In order the better to establish the concur
he .irrv fall nnin Tg
Of civil law this question quote the authority OF
an American Statesman The following is the opinion of
MIR Henry Wheaton;
only within the territory OF
the upon the high SECS or in territory belonging
Hence il follows that hosities cannot lawfully be
ct within the territorial jurisdiction of the neutral State,
which the common friend Of both parties Then Sec.
ton o. not only all captures made by the begerent
cruisers within the limits of this Jurisdiction absolutely
l,gtl and void but captures made by armed vessels
stationed in bay river in the mouth OF river, or
in the ha Dor of neatra State for the purpose OF eXercs
ing tie rights # from this station also invalid
ut wi OF British pivaeer stationed itself within the
Kyo Mississippi, in the neutral territory of the United
States tn, purpose Of exercising the right of war from
tie ri, by standing oil and on obtaining inform mon al
tie Belize aud OvehauiDg vessels in their course down
the rN and made the capture IN question within three
II elh miles If the auviG islands formed at It's mouth
restitution u the captured vessel was decreed by Sir
SOFT.
So also where belligeren ship, lying within neutral
Territory made capture with her boats ont OF the neutral
territory the capture held 10 be invalid for though
tie hostile force employed applied TO the captured
vCts, ing of the territory, yet such OF
trpl ttriy the purpose OF war to be permitted If
all Hostility ainst emmy declared TO be within the
territorial jurisdiction of ncuta State which has friendly
laiiOIs with both parties is severely condemned by all
writers international Law if captures made by beiger
oiuzers in he bays of neutral STATE by the
boats the vessels stationed there our OF that terorg
ort HtH and tHg0l according to the law II the United
Siltot ana the Gecrees of tho maritime Courts of Great
IIttiu, attack upon vessel belonging to friendly
lower IN neutral port would observe to be censured
tiil more seyele terms.
1behstOy of maritime the period Of the French
voluiOn furnishes abundant proofs of the very part u
lar a.outy with when tho Government Of the United
Stats mtitantd the rights OF neurals and the under
would celebrated in which the INST
state Of the Union, the most distinguished predeces
Nj Marcy IN the high position which he nils, have
nd, tie absolute lvolabily of neutral ports by
most elabor lie arguments but as the nnde sign
fully persuaded that the doctrines Will serve as
ludes 10 the Government OF the United States ON the pre-
ot ca SION lie himself THIS slight alu>ion u
tb0e lint il les which formerly Maintained ami very
r,ctnk sull orted by the Government Of the United
States in relation the rights OF neura and more esPe
c.ny in essId Ia the inv,oluby Of neutral ports The
In lnl Government euerains too high an opinion OF the
f, Of juiice and OF he integrity OF the Government Oh
lie Uni I'd States to doubt for single instant rs Anxiety
T. dir aYum he conduct If lie agents undr the cicum
stones above mentioned and that II Will hasten to eau
tie IN stNerO and tender to Austria satls-
faction IIol or the magnitude of the outrage
n unLeI ened avals himself Of this occasion 10 oer to
tit sout0Iy Of State the renewed assurance OF his high
con. 1er,th H. ISignedl HULsEA.ss.
ll Hen VIZ MANcS secrAy of state Of the Uaited states
Nr Marcy 90 NJ. Hulseman.
DEPARTMENT OF STATE,
WASHINGTON, Tuesday, Sept 70, 1883
ha llV ar.i fha If