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


Of civilization, all the benefits which such an inst
tuition might produce. Mr.. Marcy's argument,
therefore, only answers for the United States, and
| TINS attempt 10 work upon the inferior maritime
| POWERS Is evidently in vain. The smaller States
nave no means of escaping from the ambitious en-
terprize Of the great maritime Powers bat by cOai
ton. Now, thank God, powerful adhesions TO such
coalition would not be wanting, and the aid Of
pr1vateers would not be necessary.
Europe understands, well the United States, all
| the dangersOf maritime prepondeance, aud is
no more disposed than she to suffer any Power in
seas All nations equally interested in prevent
ing the establishment Of such preponderance, il
any one among them should seek to establish 1t.
We shall endeayor tOtshow, az another time, how
such danger is to be prevented, and it will be seen
that something better can be done than having re-
course TO privateers Thank God, the independence
Of nations and the liberty OF the seas, have better
foundation, and safer guarantees, than the nstiiu
ton OF privateers and flibusters.
From the presse, Aug. ISL
The proposition which the government OF tn,
United States opposes against the declaration
April l6 is as follows viz: that 1.-THE proper course
to make privateering ineffective, whether aggres-
siyely or defensivey would De obtained by placiog
private property beyond the interference Of belig
| erent powers"
In order to make this proposition perfectly intel
lisble in all its bearings we must revert to certain
general principles, and repeat certain facts which
we have already laid before our readers.
Since the great conflict which, three years ago,
| brought up these high questions of maritime law,
which have been in great part settled by the acts Of
| the Congress Of Paris, we have repeatedly called
the public attention to the oppOsitons and contra
dicons derived from ancient customs to the modern
law of nauions in its application by or by land.
by virtue OF the progress mace since the middle
ages in the principles Of the laws of war, it is we'll
understood that tie right of war, which is
tal attribute OF sovereignty, belongs solely to the
State and can only be exercised by it by means of
regular forces for the benefit OF the State ITSELF and
only against the forces, rights and goods of other
States. II is well known, however, that these prn
cples OF the laws OF war have only been practically
observed in continental warfare, and that in mar.
time the different States have hitherto kept
up the ancient custom OF transferring to individuals
for their especial profit, the rights of the State
thereby subecting private property and innocent
parties to all the dangers and chances Of war.
10 was in vain that public opinion protested against
this anatomy, which is in opposition to the rules of
general law, which admit fundamentally Of no such
contradictions, and which ought to be applied in ali
cases OF warfare in the same manner 80 as to effect
the same operation. This view of the case met with
powerful support in the doctrines proclaimed at the
commencement of the present century blythe French
government. These doctrines were contained IN the
celebrated DEGREES Of 1906 and 1912, to which we
bave often referred. The old custom, no wever con-
tinued to prevail in spite of public opinion. Priva
teerng kept up, with all its cruelties and thus
the public forces OF the State carried by a
war against private property as well as against pri
vate individuals who had no concern in the
This was still the prevailing custom OF maritime
warfare at the time of the breaking out Of the
Eastern war three years ago, custom which by its
exercise threatened to bring on new maritime
Then it was called attention to precedents and
principles, and required that the allied Powers, hav
ing respect to Eastern laws, should come to some
agreement in order to solve the problem laid down
in 1906 and 1872 by our first Emperor This problem
was the following, VETO place hencefortl by
merce. all private property, and all innocent indi
viduals, out of the reach of warlike operations
(See the Presse of March 20 80, ls54)
The first maritime manifesto, issued March 30,
n ami cat afa IN
demand Of ours, by pronouncing Professionally the
abolition of the prevailing maritime custom OF pri-
Watering. This provisional abolition the Congress
ofPars afterwards made final by its declaration OF
April the 18th. But all was not accomplished.
Therefore, when afterwards we expressed appro
baton at the progress already attained, (vide La
time the objects which stan remained to be reached
in order to effect the solution of the problem above
mentioned. solution which would render the appl
ea.on Oh .ne ,aw OF war uniform oota oy sea ana
| and the interests OF humanity.
Here, then, the United States nterpose, and pre-
sent The question in diplomatic shape, making y
April, that the principles which are. as we have
shown, sort of State doctrine with France, should
| first be adopted. They recall to mind that these
principles have been already recommended and pro
claimed by the United States in the most nne9uivo
cal manner, in the Presidents Message Of December
4, 1854.
United States, which will nfallibly lead. in a very
brief space Of time and above all with the concur
Of France, to the solution OF the great pro.
blem which France may claim tue honor Of having
been the first TO PROFOUND fifty years ago.
The circular OF Mr.. Marcy, Secretary of State,
supports by the most conclusive arguments the pro-
position OF annexing this amendment TO the mani
| festo of the Congress of PARIS. The arguments OF
the English papers which oppose the proposition
futile sophistries and selfish reasonings. For
example, the Morning Post Is afraid that IT'S adop-
| tisn may produce a result the perpetuation Of
hu fnta
free from danger in such wars.
Now, at this rate, and if this argument is worth
anything. we ought by all means TO reestaolish as
quickly possible and in all their extent, the
Gent laws OF war, and again make private properly
and nofensive persons subject, even In continental
wars, to the most disastrous conditions. Now, the
more full and complete the rights Of belgerents are
made TO be, whether by or by land, so much the
more cruel are the sunerngs OF the people; 80 that
the argument s, in one word, this, viz: that the
more dreadful and ruinous war is rendered, 50
much the shorter II will be in Duration Now, what
does this mean, but that in order to attain short
duration Of war, must go hack TO ancient barba
| risml But the argument will not hold good; for
the laws OF war have been rendered milder ON land
and this has not led to an increase OF Its Duration
Wars have not lasted longer than they formerly did
because they have been less cruel than they former
ly were. Let US, then, do the same on the ocean.
Let us mollify the severity OF war let ciyize IL
also the ocean, and the effect will be the same.
Thank God that the good of mankind Is not required
10 be sought for by increasing the amount Of evil.
/ we must CONFESS, however, tnat tne reception OF
| the circular of the American Secretary Of State,
and Of the proposition developed therein, has been
/ such in England az TO meet with q tolerable
amount of appreciation. This has been the case TO
such an extent to raise the hope that at n time
not for distant the whole question will be seriously
| discussed, and that the proposition viii ultimately
| be received as rule OF international law. Bat in
/ asmuch az this adoption of the proposition is not
/ yet completed, we must not, in the meanwhile.
give up the great progress already realized by the
/ acts Of the Congress of Paris.
/ Mr. Marcy very justly observes Ia his circular
/ tina, when the Congress Of Paris prescribed the
i course proper to be pursued in maritime warfare,
and yet left private property exposed TO attack and
seizure, it was stopping in the middle Of the road.
This IL true, but must not deny that If Congress
has thus gone only halfway, yet II has gone over
the most rugged snd the most difficult half az the
way. Mr.. Marcy cannot mean seriously to assirni.
late the irregular action of privatees in wars he
| tween nations, with the regular maritime forces
Tae ships. war Of the State and tho toroe