Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1854-06-13
LATEST FOREIGN INTELLIGENCE
From the London Times
ENGLAND AND FRANCE-HOW TIL
SPOlLS" ARE TO BE DIVIDED.

SPOILS" ARE TO BE DIVIDED.
The intimate alliance between tho English and
French governments i'll the policy and conduct OF the
present war, and the combined operations OF the fleets
IF the two greatest maritime powers in the Black
Sea, the Baltic, ard indeed, in I'll parts Of tho globe,
have gwen rise L = .vcrGl questions Of considerable
dc!irncy md novelty. An alliance in war creates a
variety OF peculiar obligations, which Gc Of so posi-
tive n character that they may be enforced BY those
courts of Justice which administer the law Of nations.
The duties and the profits oi The war nrc to be shared,
even when they affect private interests, ard III all:
acquires the right to seize the vessels or property al
Il cn-belligercn., If they arc seized in my breach Of
! The laws Of wnr, or in the commission Of any not con-
.rnrv to the spirit Of the alliance. Such rights re-
quirc 10 be exercised with grca; caution, especially
( where the niles mutually affected by them IRE two
powerful maritime States, equally jealous Of the honor
of their flag, and which have hitherto adopted and
pgar;iScd very Gitirrcl; maSims Of maritime law.-
The allied governments appear 10 rs 10 deserve @rct!
credit for the foresight, Judgment, and lUrLcarancc
| with which iicv have sought 10 remove all the impc-
di,ncats which might have in.crirrred Hiih th" ELI
elem; arlinn ~ the combined forces. ana the friendly
| feeling ni tho Two fleets. The iirs; step in this Judi
| riuus course was the declaration M. the 2Sih oi March.
! bv which the British Government waived the ri.hI
oi Selling cncmy's property under tho ncutrnl iae.
! while tho French Government equally waived III,
rich, Of selling neutral property under the cncmv's
nag. Next came the Ordc: III Council y! The l1ii Of
lp.il. Which gaze full leave In the aliiod flag and Ia
Brritish subjects 10 trade freely with the enemy in all
purt. moi being blockaIrd, and IN NIL articles moi BE-
I,r, contraband %. war. And. lastly, a treaty has now
been signed tn provide by m equitable arrangement
far the eases OF joint capture by ships oi tho two
Iaat. :. and likewise l1r the cases in which q sii: ~!
one al the allies may he Detained hy n cruiser "f The
| .,,iur iulIirercnt ir M iniractinn %! the laws ri war.
! Maritime capture il nf tw" kind.-artnn! cGpiur"
aud ,.apiuro by constructions, Ia: n siihrc ~ me prize
i extended IL ;hu-c who. M! having contributed! ac-
mn! service. have rendered II constructive assistance.
either lv ailnrling encouragement Ia III" caliior or M
rimiiati5n IN the enemy. The principle is CARRIE! 10y
| nur Courts to n great extent, provided TINT the Vessel
rlniming as Joint captor can prove INA! slr was viii
| in SIGHT Of the prize ct the time nj her capture. ne
| ,mmr advantages la joint captors which a.c secured hy
rur Courts To l;r,i-h cruisers will now no extended 10y
! treaty. tn French cruisers under the sam" cir'lihis;Li!-
rr-: and I;riiisl, cruisers will, in like manner, be emil
lied I" ciaiim the share awarded To l"Iht chp'orS u! W.
| law "i France.
In some os the details contained in the ln';rtc-
lions annexed 10 This convention tic allied Govern,
mcnts appear 10 have adopted The practice iiir"a,ic''i
by Il law of the Sationai Convention, 81 the sd l'fi'-
uInifr, An ~; but the French Inv of the lst "i De-
:obcr. 1893, il rlnt Lr siil in force, allowa Il" .l"illi
| rnptors only Onr-hmii the shar" allotted II mn ncthni
rau,nr. lin other rc-pcct5 the course IL be followed j.
in conformity with the terms nj her Majesty : pr"cia-
nation al tin. 4!1:h III March last. which nsnigns t" lhc
force, %. nur uiiv II sl,nrc iii every prlI" pr"p"ri!"iiei
to the number 81 officers and men actually i'rtrch' on
The nrcusinm ri the capture.
The, Convention determines with precision tho
cra.,inu nt Jurisdiction. When II joint cnpiurr Is
ll!tlt' IN III ava 80 ~
bcirr engaged. lhr prize fall. Ia the lnri.t!rt'"a "t Inc
roumiry Of the senior officer present. When II cap
:urc i. made by AN actual r@p;or OF one nation; IN
nr,s,u,r nf Il Joint capi"r %: tho other, The .iaIi-,i!'-
Inn .,st. with the country uf the actual rapi"r. When
:. merchant vessel of one OF the Nv" countries If DC
ruin,,l for mn intraciion OF the laws OF war bT II "Iill'
scr OF the other, smcl n weasel -iiall AWAY" ial' ''lh'r
,m. ;uri-lic;inu Of the Courts of its own cnini:r, hn'i
The instructions provide TINT tho cruisers mr. IN no
casn tn deliver up their own c"anIrymcn to Il i"rei-n
;,ri.dic,ion. This il Il most essential stipulation. Tor,
nuiurul n. il always is To enforce the ric"r nj I'll" laws
If war bv the coItisraiion "f the ships or pr"'rvy at
omr own subjects. il would be much more ln"rvenl-
cnt III British merchant vessel could he b!h'iSnt mo
:, Er,ncn cart bv II French cruiser 10 be :rici for II
breach OF blockade, and rirr rry<n. II =, therefore, n
wise preraurion Ia have provided for these contingent
rir-. especially when the fleets are ah"ni !" ir cn2iiS-
ed in II ipin, blockade, which is IN association "i INC
most intimate nature possible; mud the attention Inia
10 these minute details il AZ much n guarantee lr inc
duration Of the alliance and n proof": the rIaccrr enMi
viii II the two nations, rs the more important poEti-
cal combinations which they nlny form.