The daily union. [volume] (Washington [D.C.]) 1845-1857, 1855-05-12
FRANCE AND SPAIN.


Our readers will have noticed the controversy which
ton very interesting one and deserves particular
tention.
The facts are these Russian merchant vessel, the
Tulsa, being in the port OF Cadiz, purchased by
Spanish merchant Mr. Bustaniente, and naturazed
Spanish vessel under the of the Valentino in
formiy with the laws OF Span and with knowledge and
cooperation Of the Spanish The purchase
and sale were made bona dde.
The transaction becoming subject of conversation at
Madrid the British minister Lord Howden admitted that
the change Of property and Of flag in respect
ray the prize law of Great Britain but the French
minister NJ de Turgot contended that il was in conflict
with the prize law Of his country and accordingly, in
timaton from him. of the accounts say, French
cruiser captured the Valentino Immediately her put
ting to sea- and almost sight of Cadz The capture has
been carried into Algiers for adjudication and remains
subject Of dsension between the governments Of Spain
and France.
The capture is made in virtue of the following clause in
the French prizs regulations of July 2sth, IT'S
'Thosc vessels which have been built by have at
time belonged to- the enemy neither be considered
neutral belonging the allies, unless there
produced authentic documents which, having been found
isfactory by the public officers prove the date of the
transaction show that the sale transfer of such vessels
sbct OF the cliied neutral poers before The
Of hoses and unless said of transfer OF
such property Of the enemy the subject of the allied
powers duly registered before the principal OIL
of the port departure and signed By the his
attorney in fact
We think il very much TO be regretted that France
whose maritime policy is in many other respects just
and liberal one should raise from the dead that obso-
lee regulation which is unjust in itself and condemned
by the best publicsts well of France Of all other
countries, whether Of Europe America
Nothing could be explicit on this point than the
reasoning Of the latest and most elaborate and learned of
the French writer's public law Hauteieu who says
alt is impossible to concede such right to belgerent
powers Commerce between neutral nations and those
gagged in is free this freedom is unlimited, with
the exception of the restrictions relative the
band of war; and places beseged blockaded invested
extends without limitation to every species of produce
merchandise and Of moveables nation in peace can,
when deems convenient purchase the merchant
of either of the beigerent parties without the others
having the right to complain Of such purchase, and,
above ALL without its having the power censure or
annul these sales to consider and treat hostile
really neutral and duly recognised by the neutral gov
belonging to its subjects In order declare
such contract null and void it is indispensable the
legislator should have authority and jurisdiction the
contracting parties 1t is necessary therefore, for such
disposition take effect to that begerent pos
the right of jurisdiction neutral nation This
impossible this pretension of begerens abuse
outrage against the independence Of peaceabe
people, and consequently infringement Of the duties
posed by the Divine law itself upon those nations engaged
war"
The legislation Of Great Britain in this respect re-
markedly in contrast with that OF France Great Britain
would not only have allowed to be purchased but would
have admitted to registry merchant ship in the circun-
stances Of the Lusa The laws of the United States also
permit the purchase and although there is general law
for the issue Of registry to vessel purchased yet Con-
gress readily grants registry by special law occurred
last winter in the cse of the Russian ship the alma