The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1854-06-08
THE ANGLo-FRENCH ALLIANCE.

governments in the policy and conduct of the present
war and the combined operations OF the neets OF the
Id, indeed, in all parts OF the globe, have given
rise to several questions of considerable delicacy and
novelty An alliance in creates variety Of peculiar
obligations, which Of positive character that
they may be enforced by those courts of justice which
administer the law Of nations. The. duties and the
profits of the to be shared, even when they
affect private interests and an ally acquires the
right to seize the vessels property of belligeren
IL they seized any breach Of the laws Of war; in
the commission Of any act contrary to the spirit Of the
alliance Such rights require TO be exercised with great
caution especially where the allies mutually affected by
them two powerful maritime States equally jealous
Of the honor of their flag, and which have hitherto
adopted and practised very different maxms Of mari
time law. The allied governments appear to US to de-;
forbearance with which they have sought 10 remove
all the impediments which might have interfered
with the efficient action OF the combined forces and the
friendly Keeling Of the two fleets The nrst step in this
judicious was the declaration OF the 2Sth of
March, by which tho British government waived the
right Of seizng enemys property under the neutral aag
while the French government equally waived the right Of
sewing neutral property under the enemy's flag. Next
came the Order In Council of the 10Th Of April
which gave full leave to the allied flag and to
British subjects TO trade freely with the enemy in
al ports not being blockaded, and in all articles
not being eo mira Of war And lastly,
arrangement for the Of joint capture by Ships of
the two fleets, and likewise for the in which ship
OF OF the allies may be detained by cruiser OF the
other begerents for an infracop of the laws OF war
Maritime capture Of two kinds-actual capture and
capture by construction Tor share in the prize is
tended TO those Who not having contributed actual
vice. have rendered constructive assistance either BIZ
aorng encouragement 10 the captor or intimidation II
the enemy This principle carried by our courts 10 great
extent and provided that the vessel claiming "A Joint
captor prove that she within sight of the prxe
at the time Of the capture The same advantages to
Joint captors which secured by courts 70 British
cruisers will now be extended by treaty 10 French
cruisers under the circumstances and Brit.
ish cruisers win, In like manner be entitled to
claim the share awarded TO joint captors by the Law
OF France In some OF the details contained in the
Instructions annexed TO this convention, the allied
governments appear to have adopted the practice
introduced by law Of the National Convention Of the
Sd Brumare, An w. but the French Law OF the 1st Of
October, 1873 that be stn in force, allows to joint
captors only one half the share allotted to actual
tor In other respects the to be followed Is In
conformity with the terms Of her Majesys proclamation
OF the 18th Of March last which assigns 70 the forces OF
our ally share In every prize proportional to the
number OF officers and men actually present on the oc
casion Of the capture.
The Convention determines with precision the question
OF Jurisdiction. When joint capture IL made by the
naval forces Of the two countries both being engaged
the prize al 10 the jurisdiction OF the country Of the
senior officer present. When capture IL made by an
actual captor OF nation in presence Of Joint csptor
the actual captor. When merchant vessel Of
Of the two countries IL detained for an
infracton OF the laws Of war BY q cruiser
Of the other such vessel shall always fall under the
jurisdiction Of the courts OF its country and the in
struc,ons provide that the cruisers In no case to
ton. This Is essential stipulation for pain.
ful as always is TO enforce the rigor f the laws of
BY the conHscaton Of the ships or property Of
our subjects IL would be much moro inconvenent
II q British merchant vessel could be brought into
AFreneh court By French cruiser 70 be wtsd for q