Richmond daily Whig. [volume] (Richmond, Va.) 1842-1861, 1853-10-03


in neulra port the fatal Effects of which we're only
avertcd by he prudence and moderation Of Consul
General at Snyrnaconstutes age upon the prin-
cples OF the Law Of nations; and the imperial government
hasno doubt but that this act viewed in such light will
have been c,ndemned by the government OF the United
states said government being itself Interested In prevent
/ Ing the repetition Of similar occurrences.
The events OF the 2d OF july at Smyrna present in
twood pot Of view serious deviation from the rules Of
| international law.
lt. The nandcr Of the United States sloop-owar
st Louis threatened the brig OF his Imperial and Roya
Apostolic Majesty, the "Huszar" with hostile attack by
bringing hs guns to bear upon the latter, aud 10y
annount Ing In writing, that II certain individual detn-
ed on board whose nationality being discussed be-
tween the agents Of the governments dcliv
cred over To him at stated hour he would 30 and take
| him 10y main force.
There canbc doubt but that the threat OF
main force vessel OF belonging the military marine
of sovereign State whose flag she carries il nOthingcsc
than threat OF an act OF Now the right OF making
was Is necessarily and om the OF that right
Inherent In the sovereign power "a right OF momcn.
tous nature says Vatel (a~ OF Nations vol >, book
chap l. ~ 1.-THE right of judging whether the nation
has real grounds Of pan whether she is authorised
to employ orcc and ustfabc in taking up arms; whether
prudence viii admit Of step aud whether the welfare
ol the state requires -that right belong only 10
the body OF the nation the her representative
IL IL doubtless OF those rights without which there
be no sAusry government aud which are therefore rights
of majesty.
The founders of the republic of tho United States fully
recognised from the beginning Of the Union, the rights
reserved to the sovereign power The articles perpetual
coniederacy and union between States OF New amp
shire Massachusetts &c. of l77S, contain already tie
following stipulation, (IX section -
Thc right OF declaring and Ia make peace shall be-
long solely and exclusively the Congress of the United
States"
This basis of the public Law Of the United States
preserved and sanctioned by the Constitution Of the
United State of 1857 which reserves the power declaring
war explicitly To Congress, (scction VIII
Upon this point, the Constitution OF the United
States harmonzes perfectly with the public law of Eu-
But this right reserved the supreme power of each
country, would become iusory aud null IL commanders
of forces others explicitly tacty
authorized undertake, either OF their accord upon
the order With the OF diplomatic consular
agent commit Of aggression and OF against the
vessels the troops of another nation without special
instructions from the supreme authority of their
country notified in the forms prescribed 10y the laws Of
tons
1t is impossible that the regular governments OF the civ
lized world wish expose their authority rs well
general peace the hazards Of hostiliIies com
ccd without their knowledge aud without special
thoy from the sovereign power by such such fuuc
touhry, in foreign land.
Secondly. This of hostility has been committed in
neutral port OF poSer friendly to both nations.
Certainly. IL there he point OF maritime and inter
national Law which clearly aud positively defined, and
which has been adopted 10y all the powers OF the wotj it
- the uvO1hty u neutral ports, the absolute pruhbi-
ou from committing such ports, Of aud uviO
ence, even against the enemy with whom We are ut open
Modern history furnishes hut few examples Of
Of this kind One Of these instances the attack
upon the Dutc East India feet which had taken shelter
ia the porte ct Bvrgue in Norway by the admiral
mand. the forces Of the enemy; AMI although that at
tack tepu's, 10y the guns uf the fort ol neutral
port Vaelau authority universally recognised ia
tiers relating IL Ia the law OF natons-dors nevertheless
the neutral power Denmark of having complained
in faint voice Of undertaking injurious her
dignity and to her rights.
In urler the better establish the OF all
t"us and the unauinity Of all eNpouucis OF civil Law
ON this question: quote the authority OF Ameri-
statesman. The following Is the opinion OF Mr.. Hen
~ Wheaton The rights Oi war; say he Elements Of
Intern ,inua Law part ", chap. ILL., - ''Cau bo
'rccd only within tie territory of the bcligcrcnt pow
rrs, the high seas in territory belougir
Hence it follows that hostcs lawfully be
exercised within the territorial jurisdiction of the neutral
state, which i the common friend of both parties Then
sect Not ony all captures made hy the Leiscrcnt
cruisers within the lms U this jurisdictions absolutely
Illegal lHj void but captures made 10y armed vessels
toned in bay river, in the mouth OF river,
the harbor IT ncutr STATE for the purpose of exercising
the rights Of var from this station also invalid.
Thus, where British privaterr stationed itself within
the river Mississippi in the neutral territory OF the United
Sa, Tor the purpose o exercising the right of from
tie river ~taudn. of and on obtaining information at
the B,lzc aud ovcrhaulng vessels in their course down
the river, aui made the rtpurr in Iur!uu within three
English miles of the auviIi Islands formed a., mouth
Of the captured vrs-. drcrccd by Sir W
scott. -, also, where bciig"r,nt slip, lying within
neutral territory, made capture with her boats ut ,.
neutral Territory, thr ,apturc held 10 Ice luSald Tor
though L,slr employed applied ~ the cap.
ur, vessel wing out of the territory Yet such Of
ncuul Territory Tor the purpose 81 war IS to be permit
ted"
10 Nl hO-iuis against thuN drCliCd In within
the tcrt"iial juri''ctnu at neutral state which has
,uily relations with both parties i severely condemn
c hy al writer's international Law; Il captures made
10y h"igcrrut cruisers ~ tie hay- Ot neutral STATE, or
iy the boats 0 r vessels .tIouci there uiiLdf
frci,rg c,,H and d!lr according lIc laws + The
United states. uud the drpicc- Of the mirmc at
Great Bunin attack upon vessel belong ng friend
~ power IN nrutu luU uli deserve to be ccuSurtd
in sill more severe terms.
The history ofm4mc wars at the period of tlc french
revolution furnishes liuutut proofs II the very particrI-
Ter Jealousy s,th winch tics gUscrEmrut Ut tlr United
state, maintained ilr tights ul ucutTli, aud thc under
guri you'll cite celebrated ~ which the iir-
Statesmen Of the Union the distinguished prcdocc,
Oi Mr. Marcy u the high pu-iiiOn which hc ls have
def udrd the absolute inviulbiiy Of neutral ports by
means Ul most ,ltbOrit" irsumeut- But the under
guci j. fully persuaded that the doctrines will
gI!r- t. the government of the United States on the
present. occasion, he cJnr- himself this slight au-
10 those principle which were formerly maintained
and very recently supported toy the government Of the
United states in relation ~ the rights, oi ncutr4 aud
cialy in regard the inyullbiiy Of neutral
ports.
The Imperial government eutcriains high an opin-
ION Of tie Of justice aud Of integrity Of the Govern
Wcht Of the United States 10 doubt for a single instant
IL anxiety To dIsvOW the conduct Of it. agents under the
circumstance above mentioned aud thtit viii hr-tcu a.
call then 10 severe account auh tender Australia
-IisitctiOu propotoUIIe 10 the magnitude OF the
rage.
The undersigned avail. himself of this occasion to offer
To the Secretary Of State tie removed a'urance ofhis high
consideration. HCISEMANN.
Tie Hon. WIN. l.. Marcy, Secretary Of state OF the
United Saicq
MI; MARCY To SIR HrfsEWANN.
DtFAETttNr o. SrsTE.
WAsHi>sTuS, $. pL 20, 1883.
Nta a al NJ