The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1856-08-13
The New Maritime Law MIR. N1arcys


A"c NcW muf1ttnec Law. sMfs WNFCyf q
Reply.
The reply Of the Secretary OF State to the new
maritime law proposed by tho allied powers Of
Europe, has been made public. Mr. Marcy argue.
tho question with the statesmanlike ability tha,
mas characterized bis administration Of the Stats
department., and 10 conclusion states the decision
OF the United States Government This portion
oil the reply 10 key to the spirit of the whole:
In Discussing the effect Of the proposed measure
the abolition Of prvateering-a references to the
existing condition Of nations is aImost unayoid.
pie An instance will once present itself in re.
gard to two nations vi here the commerce. of each
anont equal, and about equally wide. spread
over the world As commercial Powers thev An.
prosch TO an equality, but as naval Powers there
10 great disparity between them. The regular
navy ot one vastly exceeds that of the other In
case OF a war bstween them, only an iucou sdera.
PIE part of the navy Of the one would be required
20 prevent that OF the other from being used for
defence or aggression, while the remainder vorld
pe devoted TO the unembarrasssd employment of
destroying the commerce Of the weaker in naval
strength. The fatal consequences OF this great in.
equality OF naval force between two such beliige-
rents would be in part renedied by the use of pri
Vateers; in that case, while either might assah the
commerce Of the other in every sea- they yyouId no
obliged to distribute and employ their respective
nav'es IN the work of protection. This statement
only illustrates what would be tho case, with some
modiicatiou in every war where there NAV be-
considerable disparity in the naval strength of the
beiligerents
History throws much light upon this question -
France Mt an early period, was without navy
and in her wars with Great Britain and Spain
both then naval Powers, she resortrd with signal
good effect, TO privateering not only for protec
tion, but successful aggression. She obtaiped
many priva:eers from Holland, and by this forre
gained decided advantage on the ocean over her
enemy. Whilst in that condition, France could
hardly have been expected to originate or concur
in a proposition to abolish privateering. The con-
dltion Of many of the smaller States of the world is
now i'll relation to naval Powers not much unlike
that of France in the middle of the 10Th century,
At later period, during the reign Of Louis XIV
several expeditions were fitted out by him com
posed wholly of prvateers which were most et
fectivey employed in prosecuting hostili.iss with
naval Powers
Those who may have, at any time, a control on
the ocean, will be strongly tempted to regulate its
use in a manner to subserve their own interssts
aud ambitious projects. The ocean is the common
property of all nations, and instead of yielding to
a measure which will be likely to secure to a few
--pOssibly to one-an ascendency over it, each
should pertiDaciously retain all the means it DOS
sesses to defend the common heritage. A pr8dofl
inant pow er upon the ocean is more menssi& to
the well being of others than such a powefDOn
land, and all are alike interested in resisting 4
measure calculated to facilitate the permanent
establishment of such a domination, whether 10 be
welded by one Power or shared among by few
others.
The injuries likely to result from surrenderiDe
the dominion of the seas TO ore or a lew nations
which have powerful navies, arise mainly from the
practice of subjecting private properly on the
ocean to selznre by btligerents. Justice and hu
manity demand that this practice should be aban
doned, and that the rule in relation to such pro-
perty on land should be extended to it when found
upon the high seas.
The President, therefore, proposes to add to the
hrstpropostion of tho declaration" of the Con.
grcss at Paris the following words And that
the private property of the subjects or citizens Of
begerent on tie high shall be exempted
from seizure by public armed vessels Of the other
beligerent except it be contraband" Thus amend
it, together with the other three principles con-
tanned in that declaration"
am directed to communicate the approval of
the President to the second, third, and fourth pro-
positions, independently of the first, should the
amendment be unacceptable. The amendment ia
commended by 80 many powerful considerations
and the principle which calls for it has long had
the emphatic sanction of all enlightened nations in
military operations on lsud, that the President is
reluctant 10 believe 1t will meet with any serious
opposition. Without the proposed modification of
the first principle, be cannot convince himself that
it would be wise safe to change the existing
law ia regard to the right of privaieering
If the amendment should not be adopted, il will
be proper for the United States TO have some un-
derstandng in regard to the treatment of their pri
vateers when they shall have occasion to visit the
pOris of those Powers which are or NAV become
parties to the declaration Of the Congress at Paris
The United States will, upon the ground of right
and comfy, claim for them the same consid
10 which they are entitled and which was extend.
ed to them under the law of nations before the at
tempted moditc alton of il by that Congress-
AS connected with the subject herein discussed
1t s not inappropriate to remark that due regard
to the fair claims Of neutras would to require
some modification, it not an abandonment, of the
doctrine in relation to contraband trade. Nations
which preserve the relations of peace should not
be iniuriOusiy affected in their commercial inter
course by those which choose to ia volve the
in war; provided The citizens of such peaceful ma
tons do not compromise their character as neurals
by A direct Interference with the military opera
lions of the belligerents. The laws of siege &dl
blockade it il believed, sfford all the remedHe
against neutrals that the parties to the war eSn
justly claim Those laws interdict all trade Nth
the besieged or blockadcd places. A furthSa in
terference with the ordinary pursuits of neqfrals
in nowise to blame for an existing state of Iostii
ties, is contrary TO the obvious dictates ofAhsticA
1t ih's view of the subject could be adopted, are
practically observed by all civilized :patioyk be
right Of search, which has been the 0rce NJ
much annoyance and of so many inat4es 4 eu-
tral commerce. would be restrctedyto TO such y3ses
only as justified suspicion of attempt to tfad3
with places actually in a state ofsieSe or blockade
Humanity and justice denandtflkt The calamsi
ties incident TO MAR should bs sthekly limited to
the beligerents themselves, and to ehoss WHO vol
unfairly take part with them; bnttneutrals, alb
staining in good faith from such completely ought
to be left to pursue their ordinary trade with Ell
the articles entering into it.
Though the United States do not propose to EN-
bsrrass the outer pending negotiations relative to
the rights Of neutras, by pressing this change in
the law of coniraband, they will be ready to give
1t their sanction whenever there is prospect of
Its favorable reception by other maratime Powers
The undersigned avais himself of this Opportu-
nifty to renew to the Count de Sariges the assn
rance OF his high consideration.
W. L. MARCY.
LYNCH Law IN ALABAMA The boy Bob sen
fenced to be hung al last Circuit Court on the
sixth, ami had new trial granted by the Supreme
Court OF Alabama. was execu, cd in the presepce