Wilmington journal. [volume] (Wilmington, N.C.) 1844-1895, 1856-05-30
From the New York Journal Of Commerce, May i''n'

From the New York Journal Of Commerce, May 18TH
The New Rules of Maratme Law.
The declaration made by the Plenpotentiares who
lately assembled in Congress at Paris, respecting
maratime law will work important change in
the law of nations. and give increasing pr0eecuon
to neutral commerce. On the part of Great Britain,
il is the surrender of pretensons TO when she mas
ever clung, on the strength of her maratme suPre-
macy and as the result of a supposed acquired and
inconestible right which had the effect to give un-
necessary magnity 10 all her contests excepting the
one with Russia) and to damage other commerclal
nations The Plenpotentiaries declared that
l. Privateering is, and remains abolished.
@ That the neutral flags cover enemy's goods,
with the exception of contraband OF war
8. Neutral goods, with the exception of contra
band of war, are not liable TO capture under enemys
flag. g
T. BIockades in order to be binding, must be ct
fecve; that is to say maintained by force suth-
cient really prevent to the coast OF the enc
( Las Casas, in his interesting Memoirs of the
versations of Napoleon at st. Helena, informs US
that the Emperor was led on one occasion to review
the subject of bis maratme quarrel with England,
and that he observed, Her preensions 10 blockade
on paper produced nv famous Berlin decree. The
British Council, in fit of resentment, issued lis
ORDERS which established right of toll upon the
seas Instantly replied by the celebrated Milan
DEGREES, which denationalized every flag that sub
mtted to the English acts, and ii was then that the
|
| The United States has ever protested against paper
bIockades, and has ever maintained that the law of
war did not permit injury to neutrals or their pro-
pery, whether upon rivers or the ocean, or in hat
ever vessels. In our treaty with Russia concluded
at Washington in july 1854, there are the following
articles:
| The two high contracting parties recognize per-
manent and immutable the following principles:
| |. That free ships make free goods-that is to say
that the effects goods belonging to subjects or Cit
liens of power state at war, are free from cap
ture and conistication when found on board of
trail vessels with the exception of articles contraband
of war.
| 2 That The property of neutras on board an ene-
my's vessel is not subject to confscaton, unless the
same be conraband of war They engage to apply
these principles to the and CATION of all
such powers and states shall consent TO adopt them
on their part as permanent and immutabe- reserv
ing right TO consider in what manner the first arti
Gle shall BE thus applied.
The declaration that free ships make free goods,
was surdy opposed by Great Britain up 10 the time
of the war with Russia. During that war she yield
ed this ground which the Queen thus announced -
ITO preserve the commerce of neuras from all
unnecessary obstruction, her Majesty is wiling for
the present, to wavea part of the beligerent rights
appertaining TO her by the law of nations. \ n
Her Majesty will waive the right Of selling enemy's
property laden on board neutral vessel unless it be
conraband of war" The treaty with Russia was
invited by MIR. Marcy, who, in his dispatch to our
Minister at St. Petersburg, thus expresses himself:
have thrown out the suggestion TO Great Britain
and France to adopt this a rule TO be observed in
all future wars" and hence the United States may
properly lay claim to the establishment of this doe
trlne
1t will be recolected that the President in his an
nual message in 1854, noticed a suggestion of the
King of Prussia to connect the adjustment of prva-
teerng with The proposed settlement of the rights of
neutrals on the sea, and that it disagreed to-
the ground set forth by the President, that the
merce ola nation having comparatively small naval
force, would be at the mercy of its enemy, in of
a with power of decided naval superiority
" The Navy Of the first maritime power in Europe,'
said the President, is at least ten times large as
that of the United States. he foreign commerce of
the nation is nearly equal, and about equally expos
ed to hostile depredations. In war between that
power and the United States, without resort on our
part to mercantile marine, the means of ouI
enemy TO intict in jury upon our commerce, would be
tenfod greater than to retalate. We could not
extricate our country from this unequal condition
with such enemy, unless at once departed from
, our present peaceful policy, and became great
naval power" The President however added "Should
the leading powers of Europe concur in proposing
rule of international law, to exempt private proper
ty upon the from seizure by public armed
cruisers, we'll as by privaeers, the United STATES
! will readily meet them on that broad ground"
| The declaration made by the penipotenares at
Paris comes short of this ground 1t neutral
} property in enemys ships and enemys property in
neutral ships, with the exception of contraband OIL
war, but does not cover enemys property in enemys
ships; that is to say, the private property of indiv
dual citizens. In treaty with Prussia, negotiated
by Franklin in 1875, there stipulation that in
case of war; neither should commission privateers tc
prey upon the commerce of the other, but it has be
, come extinct In 1924 Mr.. Rush our Minister al
that time at the Court of St. James, proposed to the
British pIenipotentiaries (Mf Huskisson and STRAIT
ford Canning) TO abolish privateering and the cap
ure OF private property at sea but this course was
declined, inasmuch as other maritime questions had
been shut out from the negotiation. " Nv owl
q opinion unequivocaly is (said Mr. Rnsh) that Grea
Britain is not prepared to accede, under any circum
Stances to the proposition for aboshing private wal
+ upon the ocean," The usages of modern war exempt
private property the land from seizure and confis
cation, but not on the sea and so long as these
maritime captures resorted TO by Great Britain
prvateerng vii. continue to be practced as means
of countervaling her superior forces.
, Two Veto Messages.
. The President returned to Congress, yesterday
0 two bills making appropriations for the improvement
of rivers and harbors with his objections TO thei
passage. 1t will be seen from the messages accom-
d panying these bills, which we publish below thai
f the President wihholds his approval because he is
satisfied that Congress has not the power under the
. constitution, to carry general system of internal
improvements He does not elaborate the question
e this he had done in former message; but announ-
ces in plain, unambguous, and direct language biz
conscientious convictions as to the constitutional
h questions involved. He plants himself distinctly upor
construction OF the democratic creed on the subec
of internal improvements by the general government
and leaves the issue to Congress and The country
Is The following are the messages.