The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1856-06-07

Anportant Debate In she British Parliament
ON the new Maritime Policy or Earope.

LORD roIcpsrER moved series OF reso utons respect.
rig the commerce neatrAls in time OF war; setting
sIh thst he right of capturing enemies goods in
trai vessels BAD bsen scceptet BY the most eminent
isri,s OF all ages principle OF International Ia and
inherent right o. bslhgsrent power that the
abandonment Of this right serious injury. especi-
ally 70 power whose main reliance in its naval
periorty; that Great Britain, though occasionally
Es ioe night by spsciio treaty, had never sur
rendered II, ont, the contrary, had constantly
fused TO conceoe the principle which successive govern
ments hsd conceived TO be identified with the
xicnal greatness and liz ally, that the House deeply
regret 70 find principle 40 'trsnuousy maintained
he'd been suddenly abandoned Ut the late confer
Paris, Wi hopt the previous knowledge OF
parliament by penpotentaries assembled - dacuss the
terms Of with Russia In supporting these resolu
lions, the noble Lord entered leogth detail
OF the conditions under which the maritime Law Of
had been exercised previous times Of war, and
argued the principle involving the right search
cr and conhscate the goods OF enemy although shell
tered BY neutral dag was sanctioned both oy the theory
practice Of law and that its surrender
mad strousv compromised the naval supremacy Of the
United Kingdom. Besides being Objectionable in fact
tcrAsse IN tie nnoss Of accoplishmsnt having ossa
authorized BY meeting OF dplcmaists in silence and
almost N secresy behind the back Of parliament, and
vithou. the sanction any OF the constitutional autho
fsues Of the country
The Fsri OF CLARENDON said-rhe noble lord having
dcce he honor TO mske particular allusion 10 in
The of his speech, beg to tender him my
hest achDo Tor the ind eeiiE9 tina. pervaded
his usons we'll for the icne OF good temper IN
which he has brought This question unter your lord
snipa ccnHcerstion Never VS. vote Of censure pro-
posed n a Irbare spirit, or with polished
courtesy. (a-ar, hear. I shall TO initiate
Ihe example the noble lord by carefully avoiding the
introduction OF Irritating TOPICS vhch it would III be-
come me- 70 import into this deba,e and when can no
be ont phase than IN d cussng question
o. great national importance trust however, that
rnal be able to convince lordshp thai ths resou
mons Of the noble lord contain statements not quite
sslen with the fact and that would not be consult
e,her honor the interest OF Eogsnc pledg
mig yourselves TO the principles he advocates. The
noble ioId lays Il down principle that the RICH.
ssizs susles goods under neutral flag ia closely
nervoven with The law OF Europe, and so necessary 70
ssfsty great maritime power that 1t would not
cohcuce either to tie dignity or the welfare OF England
Butt you affirm this doctrIoe,
DO absolute and unconditional sense-you must
give no imtio either NJ to place or time-you must
everywhere and forever and this cannot but
thius vould be most unwss and uni udicous proceed
h where mutation is the visible lay Of society, and
where every thing is changing around More particu
Ary woulo 1t De uuwse and irjudicous TO take such
course with re- pect 70 matter which the noble lord
hmse admits has eddy altered TO meet the
txRencies Of times, aud against which k the great
maritime powers of the world have constantly and con-
sifently protested 1t is true, as the noble lord oo
that the hrst declaration announcing that the
goods enemy der y neutral flag lawful priz,
Of is 10 be found in the CoRsoloo del Mare Urea
think that we should always bear in mind that ursts
apt TO state the lsv simply ia, without making
reference to the law as it ought 10 bs sud
~ We shAu ind ursts OF the time OF Grous defending
Ibe right e beigerens to put women TO death and 10
hih prisoners after surrender Hear, hear) We can
however, rely jursts in defence CT such
than The opinions of eminent lawyers in this
country who formerly supported by argument and autdo
Jsty the worst parts OF penal CODE Hear,
hsar The noble lord has quoted the judgments Of emil
rent men in this country, more particularly inteena
presume that their ounious would now be the
International lay, which Is founded reasop justice
snd the common consent OF civilized nations than we
have suppose that the judges who formerly supported
OF the worst parts of penal code would
maintain uch opinions. Upon this subject the eminent
OF former days would II they lived At this day,
take into consideration the great changes OF policy
OF morality which are constantly taking place.
and when necessarily carry with them geat changes IN
sher admit the principle laid down by the noble lord OPP
pofte tia. justified in resorting to extreme
In order to hasten period of peace for consider
AL such eeneralIties dangerous and that by
kind might be justified in resorting to of
the most hsrbarous ussees. Hear hear) Neither
ciples than those which adopted in the ordinary
transactions Of life War may bs mtgsted BY humanity.
AID heavy responsibility weighs who have the
power 20 mitigate it. and jet refuse TO do The noble
lord, in his resolutions says that all modern juriss
bui, since the resolu ions have been laid the table
have looked into the writings Of eminent men OF
ty rAroessus and Taeaton-snd al those writer's con
tended that tne principle laid down by the noble
iero was relic OF times and ought to be re-
placed by the principle Of free ships free goods Il
has been, and still is the oec. OF civilization to mit
gate the iseries Of and to define and extend the
rights Of neutras BY land We should think 1t disgrace
Jul TO seize the property Of neutral and peaceful persons.
but that not the by and give licences
reason for this difference except that the acts
by less under observation than those committed
ny land and tie force Of opinion is less brought TO bear
indeed little diff. from its state in bArbaro~s ages
The early ages copied it from the Roman law which
not the law of nations, but the nnunicipe Law Of Rome
which hey justified in applying to their sub
Jects Those however who copied that and wish to
right do. Bell have UNREASONABLE right
to blockade the ports Of enemy, and 70 prevent the
enemy being supplied With munitions Of war, and the
neu,ras who break the blockade supply the enemy with
munitions OF may lawfully be inferred with, because
bv so DONG they abandon the character OF neutrality and
Importantly. IT, however, they fulfil the obligation
W e
the present law Of Europe however cannot deny
tina. neuras have to 20 to the p,rts Of toe enc
my, which not strictly bio kaded, of the blockade
of which public and sufficient notice has not been given
and cannot deny that they have right to trade there
erto claimed more extensive right and delegated it TO
buccaneers, whose only object plumber; the only diff
that thew carried roya license II against the viola
ton Of the neutral dag that neutras constantly pro-
tested and would, If necessary, always resist, having
aud justice their ride The noble lord In his
resolutions says that the right to seize enemys goods
in neutral vessels has been occasionally waived and he
quotes three treaties in which the right had been valves
The ers English treaty record which ans the prn
eipe free ships, free goods is that OF Westminster in
1854 between John w. Of Portugal aud Oliver Cromwell
In the go article of that treaty it decared-trhat
all the goods and merchandise Of the said rep1blc
king found board the ships Of either their people
subjects shall remain untouchsd.u This treaty
6rmed by the treaty Of Whitehall OF 1e61-it
6red in 1703 and remained in force until 1870 when Il
annu1ed by the treaty Of Rio Jsneiro For 1856
years. then the invArsbe rule Of intercourse with
Portugal free ships free goods" With France, In
the 1877 concus the treaty OF St. German en-
IAye the 9Th article OF which treaty declared that inner
ehapdise of the enemies Of the Christian King shall
be taken conscated they found board the
ships appertainipg TO the subjects OF Great Britain
though the said make the best part the
whole adng Of the said ships but still with exception
10 sontrAbsnd Of and similarly with regard TO the
srchandse Of the enemies Of Great Britain on board the
ships of the most Christian King These stipuations
the rule ofour amicabe relations with France, establish
ed by treaty for the next lie years from 1877 10 1893
concluded with France Eve treaties OF peace and three
treaties Ct and in Of they (except
~ alaan< ~
and only lasted FIVE years. there Is an article which
either expressly contains the provision that the sgs
England and France should protect the goods OF their
spective enemies or which treaty OF Utrecht
which lays down that provision in the fullest
That treaty Is TO this day the basis Of
laons England and Spain and France spain
With Spain first treaty which recognised the rule
ree shipe free goods in 1885. From that time
1895 We concluded thirteen treaties with spain every
one Of vhich there La article 10 that effect
newng treaty which contains it, therefore for the l21
Years ending with 1896 the rule Of intercourse with
Graiu ahed nv ..fEea ahina-