New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1856-01-23
BPLLIGERENT SHIPS.

the principles laid down in similar case some
time ago by the Government of the. United States.
BY this decision the English Court has sustained
the right of neutrals to purchase ships from bell-
gerents the transaction being subject TO no scruti-
ny save in respect 10 its genuineness
TIE case was that Of the ship Benedict, built at
Riga, and belonging to Ms Phpson, a merchant
established there The captOrs, usual, main
tanned that all PRESCRIPTIONS should be in their ia
vOr as against the captured, and that the least sus
pcion of bad faith should be accepted arbitrarily
as conclusive evidence of fraud, without regard to
other established facts. This is the ground on
which, from the beginning, the great wrongs re-
sulting from warfare have been perpetrated; but it
is unstable ground formed by the absence of force,
and is therefore fast disappearing before more en-
lghtened views of justice. BY this decision the
English High Court of Admiralty has made one
more step in the right direction; and it is to be
hoped that similar notions may now at last find
their way into the deliberations of the French Gov
eminent. The recent imperative prOcamatiOnis is
sued from the French Consulates in this country;
the confscation in the waters of the Mediterranean
Of a vessel purchased by spaniard from Russian
merchant-a this shows that the old spirit OF in
Justice lurking in the maritime DEGREES OF Francis
l.. Henry H., Louis XIV. and Napoleon, is still
religiously preserved. As we have repeatedly pre-
dicted, the present war is continually developing
changes and notifications in the principles, rules
and applications cf international law.
Those changes may be either special or general,
bearing even on the existence of States, or merely
educng new arrangements in minormatters. Even
should the map of Europe remain at the conclusion
of this struggle the same as when the war began
at least the official intercourse between Independent
States their diplomatic afiinities and relations, will
necessarily receive new bases and new definitions
The treaties and conventions concluded since
ls53-as the Western Alliance, the complete ac-
cesson to it of Turkey and Sardinia, and the par
tal CO operation of Austria and Sweden, well as
the treaty between this country, Russia and Ma
plcs-considered frOmthe politicO-diplomatic stand
point are so many new events, wholly opposed to
the hitherto prevailing IDEAS and forerunners of a
more complete displacement of the pivots and
Joints whereOn the diplomatic machinery of Europe
has turned. At present the commercial interests
of neurals as well of belligerents receive from
every ITtsH cOIlslOn WIN Tue Oiu CuslOnus u new
and more liberal impulse, more urgent than during
any preceding war.
The two Allies that, as leading parties, under
took the contest against Russia, have now recog-
nized conflicting principles concerning the rights
of neurals, principles for centuries as hopeessly
opposed to each other az until lately were France
and England themselves. The axiom of free ships,
lono iptaina1 nv Erapca in nnpnsitinn
10 England is now at least admitted by the latter
Power. This admission though proclaimed by the
British Government TO be merely temporary, will,
We are confident, remain henceforth an everlasting
legal fact acquired to justice and to civilization.
France in her turn, must ere long discern the
impOssibility of adhenng to some Of her obsolete
maritime regulations against the better Judgment
of the world, against the decisions of her ally,
against the example of the United States. France
must yield, and cease to prohibit the purchase by
neutrals of the ships Of belligerents. She should
do this the more cheerfuly, as TO enforce her pre-
ACKNOWLEDGMENT peremptorily they may he pro-
claimed by her COnsus-has become impossible.
To insist, therefore, would simply provoke that
ridicule whose shafts are by Frenchmen more
dreaded than musket balls.
1t should be in Justice remembered that at the
beginning of this war barbarous Russis, alone and
almost spontaneously, proposed the soundest and
mcst equitable regulations for the rights and
the commerce Of neutrsls. These regulations ap-
preached very nearly TO the absolute principles OF
Justice for all-principles for three quarters of
century advocated by the statesmen and diplomats
of this country at home and abroad Undoubtedly
the influence of this wholesome agitation was felt
By Russia, as the acts OF her Government show.
1t may be said that she was prompted by the desire
10 conciliate this or other neutral Governments,
or that her proposed regulations were, for her, of
easy application, because they had no bearing on
her own palsied and nearly annihilated commercial
marine. But Russia entered upon this struggle
with no forebOding Of the ultimate results, and
with the hope of being able to defend her shores
with her navy She was Overrowered by the ALI
ance of two maritime States, for two centuries the
most powerful in Europe. Still she cannot fail to
be in the future maritime power and TO have
commercial relations with other nations. The
principles now recognized b. her will remain on
record az fixed laws; and whatever the motives
which impelled her to adopt them it should not be
forgotten that she at least directed 70 the right
path by the example and friendly influence of our
own country.
We published, the other day, an account OF the
lynehiDg at Lexington, Ky, Of Mr.. Brady,
scboolmaster for having uritten , letter descrip-