The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1856-09-04
Harcy's Circular ON the Maritime Protocol
Of the Parls Peace COngress.
[From the london Times, Aug, u.


reform the oil nations II forbidden hope
for the speedy arrival Of the time when wars shall be
in each succeeding century conducted IN humane
and generous spirit In this respect the present age said
and chivalry, shows brightly comparison with those
old times when the warrior most romantic and
polished. Not TO mention the wars OF the middle ages.
when princess the mirrors Of kGghthood, hanged and
burned their prisoners without mercy, We may lhink
with satisfaction that the deeds of Waenstein and
lilly, OF Louis XIV, and Of generals late the
American war, q moral impossoility. All
pundering Of an enemy's country Is now avoided as
much as possible by a commander who has the honor
OF his country at heart. Even the hard measure
the laws Of war allow in the case OF town taken by
storm would now hardly be put in practice, If officers
could by any restrain an nfuriae and triumphant
soldery But unhappily this mider code has not yet
feen extended to maritime warfare II is evident that
morally difference exists between the plumber Of pri
vate goods a house and in q ship Ii the far
tradesman has right 70 possess his own in
peace, even when the province he inhabits is
pied by soldery hostile to his sovereign, it is
surely reasonable that the same property when in
course OF transport for sale should be sacred from
the entmy's cruisers. But the tact is that the
laws OF war were made in and for other times
than these. IN all ages there have been home
steads and workshops the property OF the poor for
which both medieval priest and modern lawyer felt
bound TO demand protection but the freghs OF rich mer
ohanmen were considered 10 belong TO wealthy, aud.
some extent governing class who had no claim to
the iorbearance OF the hostile State. Now, however,
commerce the natural pursuit Of all classes and every
year sees men Of humber means taxing share IN the
trade of the New World, India and Australia. In the
with france II was customary te allow fishermen 10
follow ther occupation peace, wnue letters OF
issued for the capture o. every kind Of trading
sci Forty years have refined this morality, and,
though the war with Russia gave no opportunity for pr
Watering there can be little doubt that the issue OF let,
ers Of marque would have been looked upon as unwor
thy OF the time We I've in, and resored TO, would
have greatly embit.ersd the struggle.
Prncipalites the Black Sea and the Batc-atier re-
viewing the position OF the Pope and the King Naples
the plenipotentiaries Paris resolved declaring
general principles for the humAnizng, as far as
possible, of future hostiles. Count Waewski urged
fEaf ais hlteh Mt
conscience, and the Congress Of Vienna condemned the
slave trade the Conferences which closed the Russian
should not come 10 an end without dong something
for the cause OF clvihzation Accordingly 10 the
last protocol i is declared that privaeerng i
and remains abolished, that the neutral lag co
vers eneny's goods that the enemy's Tag does
not condemn to forfeiture neutral goods, aud that
blockades, to be binding, must be effective These
resolutions when agreed 70 ~ the contracting Powers,
TO several governments FOR acceptance, and
among them TO the government OF the United states The
OF Mr. Marcy, the American Secretary OF State,
has Just been published 1t written with small abb.
ty, and will doubt command the attention OF Euro
pean governments. Mr. Marcy points out the obvious
ogcal defect the principle enunciated by the Con
ference. be desirable, tor the sake OF humanity tina,
private property shall De respected on sea as on land 1t
be prohibited as well as by privateers. The Euro
pean governments, therefore, says the Secretary
| OF State, have not consistently carried out Their
own principle. private property sno be captured,
must be by any species OF vessels which the oegerent
States choose employ Prv.eers a. sea are analogous
have neither large army FOR large navy, cannot con-
sent to limit themselves to description Of force in de-
Tending themselves comparison Is then made Of the
naval forces OF England and America, and is added
not only regard for her safety, but sense OF
what is due TO the other small naval Powers obges the
republic to oppose a regulation which should debar any
State from making use OF volunteers by sea as well as by
land.
Now there is much truth in this though the European
governments not SO Inconsistent may seem. They
certainly have not taken broad view OF the subject
simply because one or two have possibly ceemad that
their hbors were IS yet willing 70 any
sweeping change No one can doubi that country Ike
England, whose commerce covers every sea- would be
ekd enough ind the whole world agreeing TO respect
private property on board ship But il was not quite
certain that some Of her neiehbors woald acquesce Ia
doctrine which would TO give greater advantages 10
nation whose supposed monopoly OF commerce already
exc,es the envy OF the world Therefore, philanthropy
has tEea 10 Obtain ss mucn as possole and IN spite o.
the arguments Of Mr. Marcy We think there Is great
difference between The morality OF privateering ana the
capture by ships OF alone. No doubt the captain
ard OF a ship Of some extent encouraged
by hope of prize money; but Il must be allowed that
officers educated in a high sense OF honor and look
ing for their reward in reputation and good standing
with their profession and the public ave likely 10 carry
oct the system OF capture in very different; spirit from
mere IGveriurers united only by thirst OF gain. The
Of government vessel Is subjected to severe dis
cpne is captain ablged TO furnish strict account OF
ali his proceedings. Very different Is the OF the pr
vaeer the generally the most wild and ruthless
OF profession which Happy 70 encourage disregard
resan nsy 60 ron % 81
responsibility lesscned by their very oosclriy and
generally is such that nothing short OF actual atrocities
could lower them 10 the opinion Of their fellows. In TACT
rrvateerrg Is too AT 20 degenerate int piracy The
captain Of such vessel Will take every advantage, With
pity emorse, while officer Of the regular navy
hardly Likely TO stretch rights 10 the utmost and EN- bitter
the contest by cruelty and rapscir.
20 far. then, the European Powers were justified in
proposing the abolition Of privateering they went
further But now they asked 70 90 further Tn
American government accepts their propcsiuon, but
"you abolish altogether the right Of capturing private
properly prva eerrg en- Is as after Of course ou
he exercise Of i TO any class Of vessels" Finally,
he American Secretary moves bis amendment, To the
words, pryateering Is and remains abolished" be pro
poses 10 add land the private property OF the subjects
citizens OF bellgereni the high shall be
empted from seizure by public armed vessels Of the
other belgerent except be contrabandn Thus for the
fret time important principle proposed for the
adoption OF the civilized world beng nothing less than
the extension 70 maritime trade OF absolute immunity
from acts Of warfare II IL a 9u>s,tor for the famly
n nations Uhdh0 they etu decids that cargo NJ srt3dr
hs A1onc a. sacred az ne sdn> drttk lchSn rorsd
n the proposition CT the United adopted fern
wariars VII be entirely revoGtion,zed TIE subject !:
u the highest importance, and will doubt be diseased
With earnestuess and good faith
From the London Post, Aug Il
when the Cong Of Vienna about 20 close It's dc
beraons the representatives OF the great Powers u
Europe there assembled Influenced by noble desire 70
extinguBh that odous and detestabe tranc-the
slave trad, a. repugnant 70 the principles OF hu
manity and universal morality issued a solemn de-
caration IN which they announced that they could not
80 greater credit 10 their MISSION better fuld their duty
and manifest the prncuIes which actaa,sd heir august
sovereignE than by procaming, the name Of those
veregns their wish 70 put an end " scourge which had
humanity 20 the plenipotentares recently assembled
at Pars-having brought 70 termination the grave
important Questions which they had been summoned 20
discuss and arrangc-and having as an example and
guide the wse and Christian declaration OF the venas
Congress respecting the Save trade, unwilling 10
separate without the authoritative enunciaton OF
opinion which they conceived would largely and
permanently tend 70 advance the cause Of civilization,
by dvesng warfare OF Of ts ecessary horrors
Hence the declaration Of the leth OF April 1885, which
asserts that prvateeripg Is and remains abolished that
the neutral FAC euemys goods with the exception
a. q hat W
ton Of contrabaud not liable 10 capture under
encmys flag and that blocsades In order 20 binding
must be edecvethat - to say, maintained by force
sufficient really 10 prevent access 10 the Of the enemy
Il difficult TO define the precise legal effect OF such de
caraton II can scarcely be considered 70 amount 20
Of public egisaton-f such expression he ap
piled 10 law which depends upon universal custom and
consent-becanse the Plenpo,e engage 10 bring
the declaration 20 the knowledge Of the States wnicn
have part IN the Congress At Paris, ami 20
invite them 70 acccde 70 t'thus showing that whilst Il
binding upon the contracting Powers other states
still liberty 10 accept reject Il. Declarations 81 this
kind usually receive their formal and legal sanction oy