Wilmington journal. [volume] (Wilmington, N.C.) 1844-1895, 1853-09-16

possible BURDEN and the tax the people be reduced
to the lowest farthing. Then will the government
conform 10 the ideal of its Republican fathers, and
we may boast a country without debt commerce
without restriction, and people without burden.
Richmond Enquirer.
Austrian Protest Against the United States of y
America.
The following memorandum has been communica-
ted by the Austrian Minister of Foreign Affairs, to the
Ministers of the several foreign courts:
g The events of the I'd of July at Smyrna present
in double point of view serious deviation from The
rules of international aw.a8fst The commander of
the United States ship ofwar ST. Louis threatened His
Imperial Majestys brig the Hussar with hostile at.
tack leveIng his guns against the latter and announ-
eng IN writing that If certain individual detained on
board and whose nationality was contested between
the agents OF the two Governments was not surren.
dered to him at certain hour he would take him nv
force. 2. This act of hostility committed in the
port of neutral Power, the friend of the two nations
M doubt the threat to attack the ship of sovereign
State and which carries its flag, is nothing less than
menace of war. Now, the right to make war is in
herent in the sovereign power. 6 A right of such
great importance (says Vatte Law of Nations, vol. 2,
book 3, chapter ~ the right of Judging whether ma
ton has real subject for complaint, if it be case to
use force to take ustly-i prudence permits it-fthe
good of the State requires -this right, | say, can
only belong 10 the nation power representing it, II
is doubt among the number of those rights with
out which Government cannot be conducted in a
sautary manner, and which is called the right of ma
esty' The founders of the republic of the United
States of America have fully acknowledged from the
commencement of the Union the rights reserved for
the sovereign power. The articles of confederation
and perpetual Union between the States of New Hamp-
SHIRE Massachusetts, &C., of the 9th July, 1778 con
tain the following stIpuations: The Congress of the
United States shall alone and exclusively exercise the
right of declaring and making peace.
q ne lie Iaw Of Ano 100
has been maintained and sanctioned by the Consttu-
ton of the United States of the 18th of September
1887, which in the 9TH section explicitly reserved to
the Congress the power of declaring war. The Con.
suton of the United States is in this respect in perfect
harmony with the public law of Europe But this right
which is reserved for the Supreme Power of each
State would be illusory and null if the commanders
OF naval forces or others were authorized, either ex-
plictly or tacItly to undertake, either their own
suggestlon or at the command or with the assent OF
plomatic consular agent, acts of hostility or of
war against the ships troops of another nation,
without special order from the Supreme authority
of their country, notified in the terms prescribed by
the laws of nations. 1t is impossible that the regular
government of the civilized world should expose their
authority, well the general peace, to the change
OF hostIItIes commenced without the special authori
ty OF the sovereign power by any funconary in for
eign parts. We arrive at the second OF the two ques
tons of International law mentioned above
There is no doubt that if there be any point OF
maritime and international law, precise, clear and
adopted by all nations in the world it is the invo
liability OF neutral ports, the absolute prohibition tC
commit any acts OF war or violence there against
an enemy against whom has been declared
Modern history affords but few examples of the lat
ter case. One of those examples is the attack
of the Dutch East Indian fleet, which had entered
the port of Bergben, in Norway, by an enemys ad
mral and, although that attack was repulsed BIZ
cannon of the fort of the neutral port Vatel, ar
authority universally acknowledged on the law OF
nations. nevertheless accused Denmark fho oufr
power, of having complained too quietly of a pro
ceedng so I'M urious to its dignity and its rights Ir
order the better to establish the accord between al
nations and all legiss on this question: we ma,
quote the authority of an American statesman
" The following is the opinion pronounced by Mr.
| Henry Wheaton The rights of war cannot bt
exercised except within the territory of the beliger
ant powers, out at sea- within territory having
no owner 1t follows that hostties cannot be fair
ly exercised within the territorial jurisdiction of thu
neutral State, which is the common friend of the
two parties. Not only all captures made b,
belligerent cruisers within that Jurisdiction llega
and null, but the captures made by ships of war
which place themselves within bays, rivers at th,
mouth of rivers, in the harbors of neutra
State, to exercise the rights of war from that sta
ton are likewise null. For example, when Brit
sh privateer stationed herself in the river Misss
sippi in the neutral territory of the United States
to exercise the rights of from that point, BY
going and coming by obtaining information at Bel
ize, and by searching ships which were descen4in,
the river-when this privateer, repeat, effected
capture at about three English miles from the is
lands of land formed at the mouth of the Missis
sippi Sir w. Scott ordered the restitution of tn
captured ship. On the same principle, when bel
ligerent ship being within neutral territory, eff
fects capture with her boat outside of that terrific
| ry, the capture is considered null. For althoug
the enemy's force was employed against the vesse
captured without the territory no one be per
mitted to MAKE of neutral territory in orde
to carry war. (The Anna, November. 1905
Robinson's Admiralty Reports, Vol 5, page 373.)
IF every act of hostility against declared enc
my within the jurisdiction of neutral State OF
terms of friendship with the two parties, be dsloya
If captures effected by belgerent cruisers within
the bays of neutral State, or by the boats @
ships without the territory, while the ships remain
within it. are null and illegal according to the Law
of the United States and according to the DEGREES
the maritime tribunals of Great Britain the attacl
of ship belonging to a friendly power in neutra
port would merit to be still more severely stigma
tiaed."