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

nnteer corps enter into be ranks OF the regular army
Of the State they subjected TO the same discipline,
commanded by the same commander in chief, and
they fight for the State and against the public enc
my OF the State. What have they in common with
privateeIsi -msn who arm themselves and fight for
themselves against private persons and private pro-
perty.
From hence we conclude that the mere abolition
Of the maritime custom in use hitherto is OF itself
great progress. IL is great step EDWARDS to the
freedom which civilization demands for private per-
sons and property from attack and seizure on the
high seas. The rest will follow, and no doubt the
proposition emanating from the United States will
hurry the last step necessary to be taken to put
the laws of war on level with the high degree of
modern civilization. In the meantime, let us care
fully maintain what we owe to the manifesto of 18th
April against all attacks and let US beware OF giving
up certain and eectuated progress for the hope OF
greater progress which exists only in futurity. The
Powers signing the acts OF the Congress OF Paris as
well as those accediDg thereto will not forget this
subject and if necessary Will take the proper mea
suIes to prevent the opposition OF the United States
from rendering the measures already taken against
priva'eers imperative or in vain.
The Washington Secretary of State demands, in
the name OF his government, to make an agreement
with him in case his proposition to amend is not &C
cepted, on the action 10 be pursued with respect to
privateers. He claims for them, in the name OF law
and OF courtesy, the same consideration which was
awarded them before the new maritime law, and this
he does in conformity with internationa Il law.
We have already shown (Uide La PTesse June IL,
II, 49, 1860 that as to this matter the sovereign
Powers who signed, and those who agreed TO the
treaty or shall hereafter agree thereto at liberty
to do as they think best among themselves in order
to secure the irrevocable execution of the abolition
which they have pronounced against all and every
power potentate which might seek to keep up the
forbidden custom. In order to effect this object, all
that would be necessary would be to make an addi-
tl0pala ct TO the act of April 1C, by which they
would unanimously engage as one person, no longer
10 recognize the ancient maritime custom an in
stituton conformabe to law and TO deny henceforth
to privateers the quality and rights OF lawful enc
mics, and on all occasions TO meet them and treat
them as pirates The consequences of such de-
claTation would be, that by taking from the priva
teers of the United States the protection o. the law
and placing them under the ban under which pirates
placed, their entire extinction would be eectua
y and intalllby secured.
No doub, such an act, if done at
time when the United States declares that She
great gravity, and of immense signi6cation. Yet it
would be in accordance with their rights with their
former acts, and with the general interests OF civil
cation and humanity. The custom OF the United
States III granting letters OF narque, has been the
subject of warm and ncessant complaints. The
abolition Of the practice has been several times at
tempted by the solitary efforts Of single States. But
now, the abolition OF the practice is determined upon
and pronounced 10y almost the whole of Europe, AZ
ter the most solemn deliberations of one Of those
Congresses by which the laws OF nations sstted.
1t is progress Onward, which no separate opposi-
ton Will be able TO drive backwards.
The United States complain that they are placed
in situation OF comparative inferorty among ma
tons whose organization IS established upon totally
different bess-Lthat is to say, they are moDarchical
nations, and the United States is repubcan-Trl
BE it so. Then let them modify, if they will, their
interior constitution, or, rather let them come 60
resolution to remain at peace with other oations.
In this day Of publicity and universal discussion
no war, nanessy unjust, Is possible in the world.
The feeling Of right and justice and law is 81 deeD
ly engraved on every heart-the physical interests
of nations are so intimately blended together with
public interests-that We are evidently making IA.
pid strides towards the complete abolition OF all war;
Is such time the time to ask. on the gronud of
private interests and private purposes for the pre-
servation OF an institution OF warfare, institution
which Europe has prescribed, and which civiliza
ton and humanity have long ago condemnedg
From the Presse Aug 20
Not To omit anything which has reference to the
progress OF the new maritime law, we will not pass
over N silence secondary proposition put forth by
Mr.. Marcy, and with which he concludes his answer
to the declaration of the Congress ct Paris, of April
10th.
Besides the proposition Of declaring private goods
invoiable henceortn by belligerents, the United
States demand that the existing doctrine in relation
abandoned or very much modified. The following
are the reasons Mr. Marcy gives in the name of his
He says the trade of nations at peace, ought not
to be troubled by the action OF other nations VINO
are at war. II is violation of all the dictates Of
justice, TO make neutrlls suffer- and when they faith
fully abstain from taking any part in the hostilites
Of either side, there ought to be no restrictions Inn
posed upon them, nor upon the nature of their mer
chandse in their dealings with the belligerents.
In this view OF the case there may be room for
improving the declaration OF April lG, by making il
an International law, prescribing contrabands Of
war.
The United States however, are willing to let
the law remain as it is, with respect to places be-
sieged or blockaded. Now, in the first place, here
is manifest contradiction For, IL the principles
Ic.1 n.
all places and on all occasions and are applicable
to trade carried on with hlockaded places as with
Gny other territory.
Again. the United States admit the principles ap-
piled TO blockaded places, and do not dispute the
right of belligerents {, prevent all commerce with
such places. Therefore the exception made To
such places would be quite unnecessary, and conse-
quen'ly this second proposition OF the Cabinet of
Washington amounts To nothing but the simple sup
preston OF tn law IN relation TO contrabands Of
war.
This may be said to be very trihng way Of
treating one OF The greatest questions affecting the
interests OF humanity. The doctrine Of war con-
trsbaDds' Is one OF the points OF maritime Law
which is the best understood and most fully recOg-
nized. IT Is ut the same time, one OF those points
OF maritime law which has caused The greatest
difficulties among nations. On former occasion
expressed our regrets That the allied Powers did not
define the true sense and bearing %. the terms in
which they prescribed contrabands OF war. Now
the TACT is that endless discussions have arisen 10
been entered into between maritime Powers upon
this sulje without solving the question in
factory manner, and we have not been able in ou-
examination Of the debates which have arisen on
this subject among jurisconsuts and governments,
to find any other rule OF definition than the private
treaties and interior laws OF the several States.
Notwithstanding all this, u does not seem TO Us
that the principle which forbids contrabands OF war
car he contested. There are not absolute rights
among nations no more than there are among citizens.
The rights Of one are always more or less affected
and controlled by the rights of other. This is q
law for all the human family The restrictions thus
rendered necessary ought doubtless TO be kept With
in their rigorous limits, but they mus; has their
action, and such action IL in harmony with the
vercst justice Ihave ne right TO prevent you from
having intercourse with my enemy; but have a
right 10 prevent you from putting into his hands a
dagger with which he would stab me. Here
have the principle by which nations have the right,
when tley are at war, to prevent other neutral
tons from supplying their enemies with and
munitions OF war.
'The trade OF ncutrals ought o. he free, by natu
raj right. without any restriction 70 the nature OF
the merchandise 80 says Mr.. Marcy, merely add
t..I