The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1856-09-24


self direct and personal act of hostility. THIS
principle might well be introduced into the general
law. Other improvements might also be made BE
this as i may, everything tends TO show the gran
deur OF the act OF the Congress OF Paris, and the
importance belonging to it, in respect to the pro-
gress which it introduces into the maritime law
progress which the opposition Of the United States
cannot but ultimately tend to accelerate.
grand impulsiOn has been given to civilization
by all the social facts whichlhave been accomplish
ed before our eyes but Of all of those none will have
greater or more beneficial influence upon the NJ
tue OF the human than this act of the Congress
o. Paris, by which the evils Of war Modified, and
which more than any other course will help 10 pro-
duce the suppression Of all war.
From lie Steele OF Paris, of August 81.
The opposition of the American government to
The abolition OF privateerng will not have surprised
our readers. In an article, dated May IA, we laid
before them the refusal OF General Pierce 10 consen
to the suppression of privateering, proposed by
the King Of Prussia in 1864. What the President
then gave for his refusal and to which be
REFERS in his annual message, are the same which
the Secretary OF State now puts FORTH though under
different circumstances.
:" The abolition of privateering," said Gene.
raj Fierce, lis the special desire of those Powers
who possess q naval force large as compared
with the extent Of their commerce. II the
system of privateering were abolished, Che adds,
nation having naval force, small when compared
to the extension of its commerce, woiid be wholly
at the mercy of another which might be posscssor
OF large naval force
Mr. Marcy takes up this ar ument, and urges it
with ealpestness, deducing from il the same concu
sons as those which the President AMI others be-
fore bin had arrived at.
The Secretary of State comes to the conclusion
that the United States ny refusing to consent ID the
abolition of priyateering acting not alone in
their own interest, but in that Of all the smaller
maritime Powers.
Here we witness the government of General
Pierce making itself the defender Of the interests ~
at least three .. the Powers which signed the De-
claraton of the Congress Of Paris. viz:
Austria, Prussia and Piedmont. These three
Powers possess as is well known, naval force quite
weak compared with the extent OF their commerce,
nor can they ever espectto become great maritime
Powers. There is indeed great deal of zea sho gn
by Mr. Marcy for these Powers. But he Nigh have
remembers d that one of them, Prussia, who makes
the proposal of aboshing he system is the head oi
the Customs Union, and in thai capacity her chief
Executive has made known his intention TO establish
o common flag of all the united Powers in t9as
union, and thereby to create co nmerce altogether
out of proportion with the naval force engaged TO
protect it.
As 10 Sardinia and Austria, these two Powers ar
net ignorant Of the fact that they possess
naval force greatly disproportona'e
to their commerce, nor can MI. Marcy be Ignorant
that they signed the article of the treaty OF 1885, by
which privateerng is abolished, with a perie !
knowledge of the American argument agains, is
abolition, made in 1854 TO the King of Prussia
II may be that the United States understand the
interests of certain nations better than those natous
themselves. Such thing has been known: and tor
our part we shall never be ungratetul fr all the
great and good examples which the New Ord has
given to the Old. But it does not follow that the
Americans free from mistakes on special ques-
tons and matters because it happens that they are
more advanced in the career OF liberty than otief
PEOPLE.
For this reason we confess, with all respect, tia;
we cannot take sides with the Score airy of State.
when he declares that the United States resolved
to keep up the system OF corsairs privateers
long as the law OF nations shall not make private
property and persons free upon the during time
Of war, subject only to exception in cases of block
AIDES and cOntrabands Of var.
Now, in this mode Of speaking there is an appe "
ance of humanity and justice. such as once seducei
great Turgot; but we must not forget that the
way to arrive at practical progress is no. by d..
manding at once immediate and absolute perfccti
If the Congress of Paris had at once simpl '
| abolished the customs. the United states woui'i
1 have right to say, q" You have not done enough
we win maintain the evil, ii necessary, until yo
have put an end to the great causes of the evil.
| But things have not been done in this way. A.
enemys merchandise Except articles OF contrabant
in WARY are now neutral the instant they pla
| on board neutral ship. Neutral. merchandise con
| tinues neutral, even IL on board an enemys ship
with the exception OF articles OF contraban'
Hence, two conditions are required to make neutral
merchandise liable to seizure, which are first it
belong TO the enemy; and second, 1t must be found
| on board the vessel OF the enemy. Now, here ".
have great and decisive modification OF the mari
time law, one moreover which renders privsteering
| OF no use a means OF warfare. Also by this me-
dication OF the law. privateering becomes OF very
difficult exercise, which, when peace arrived, won
give rise to thousand difficulties and claims Of in.
demDity.
1t rarely happens that privateer u OF such 81.
mepsions 10 cause ship TO lower its flag az the
sight Of an evidently irresistible force. privateer
therefore, would often have 10 violence in
cases where frigate would only have TO give il
orders to a ship To heave 10 and exhibit her papers
Furthermore, captains OF privateers are seldom su D
| men as can Judge Of papers and certificates; they
Uns,1l ham all Il Ill.,.
could CATCH and send thsm all before the prize
courts TO he decided upon.
Now, any one who has the least knowledge oi
maritime laws knows well how IL happens when The
privafeer has made mistaken seizure. what claim
gives rise 90 for damages and in'eres., aud what
disputes IL raises, such oftentires enough W
prolopg the war, or 10 cause II To break out aresh
Something like this happened between France an,
the United States In the affair Of the twenty-five
millions.
Priyatceiipg has been Of some use, but chiefly
because IL has led ~ the acknowledgement Of the
rights OF Deutrais by leaa decisions. In fact the
abolition of letters OF marque Is owing TO the p,ssr
full remonstraDces OF private interests The object
proposed has been attained. Citizen merchants of
the enemy who do not wieh 70 run the risk Of being
captured have only 70 commit their merchandise o,
neuirals and IL viii he carried safe. Their profits
will be somewhat less IL true, bat they will enjoy
perfect security, provided they do no. violate the
rules relating TO places under blockade or to articles
of contraband.
Now, the Americans, accustomed to lie carriers of
their own merchandise we'll very frequently o.
that Of other nations. would certainly suffer SOM
pecubisry loss, II, being at war, their merchants
we've obliged To ship their goods on board OF neu-
trails, and II their naval force moi Of sufficient
extent 10 protect all their merchant SHIPS. Bus
have not other nations whose naval force Is adequate
10 protect their commerce, much inconvenience TO
sUherl They have the cost OF their large maritime
forces which the Americans economist. Now,
would IL he Just after all that should be let 90
shedding blood at its leisure. without being stop
t..fl.
are at peacey The journal which IL said to be
Lord Palnerstons organ answers the above
question as We do, in the negative.
Finally, as regards the comp ,rison Of pfiv,'eers
with volunteers in an army on land. since Mr.. Mar.
~ insists upon the comparison. without ad iucing
any fresh reasons tor II, we shall conine ourselves
to SIMPLY stating that the comparison Is not al mis-
sible. Volunteers land receive their commission
to hqh against armed enemiss, and 10 respect pri-
waite property as far as the exigencies OF combat
permit IL 10 he zone. But privaeers, or corsairs.
receive their commission 10 attack an unarmed
enemy IL they can eft with him on the ocean. and
NJ MAJ