The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1859-06-16

'aIhy Nafan freedOM, TUG
word our resolution never to interfere by blood or
geld TO MAINTAIN foreign Government, good or bad, OF
soregn system OF government
WHAT Is CONTRABAND OF WAR!
from the London Law rimes, Nay ~ .
As good deal OF pieappreheuson has arisen in the
COMMERCIAL world as to the rights ana aplses o. neasa
nations IN time of war; we propose snofuy 70 coasaer
what these rights really are more especially
In ersr 10 present the reader with condensed view OF
ne rights and liabilities OF neutral commerce. we may
state that in the beginning Of the present century, GER
tain rules formally laid down by the British govern
nent applicable by she law OF nasons the subject
OF these rules the following are still in rorco-
s % .l or on % CT
Issfen, powers those Of which
of war which
He law Ct naioas az not >, apscs esty
Y asy.' wen II military Ssaslsiy ii VI
to .a,rd Ssssrent rswer Instruments and
That i awful % nssS fcSes hsn snsss.d,n war to
SslaSs The p,,s 20 2. s ensn,. h ans rs
s,scua"p such ocssds svss sa esisn s,e although
II
s port OBJ hG S % So h ss here
sas under the CT the fast and notice Of
That The Iish o. Visiting and examining neutr. vessels
s &c o. Ssss principles and ut b.
.o ary way Ies;.sd by he o. neural sao Of
ration oil other country. see Pari. Hnt vol 36
HlD
follows a necessary consequence of the frs. and
second of these rules that lawful for neutral State
10 carry the whole Of its ORDINARY
course with beigevent excepting only contraband Of
var With this important exception therefore, the
markets OF Frauce, Austria and Sardinia st open
70 the British MANUFACTURER and merchant r. he
chooses TO consgn contaband gnots either OF those
countries, he ooes so entirely at his risk, for his
own government will not interfere to protect from
canture and traffic prohibited by the law
Of nations He must furtner Dear in mind that ny the
Nv ano practice Of nations IS for the Admiralty Court
Of the capt,rng Power 70 decide SshHt is is not
kanson of Upon all such questions IL tbs pro
vince Of that tribunal to adjndcate and from rs final
Bril- en- gooes, oonsguea to an Austriaa bort were can
TIRED capoempea by seten. French Sar
@ country or in any other This rule, which is neces
say Dc1eut OF nde pendent sovereignty, has bsca long
oepizsd By all maritime States.
The only restriction the efore placed by the law OF
sstcns uon our comperce Stn the beltgsrens Powers
b that Of trsc'Dg coDtrabaDd It 20
soesed whether any additional RESTRICTIONS imposed
by The Ia IS OF country is uniorato ID that
The lao officers OF the Crown have this quss.
ton IL he an NATIVE ana that their op,nion
tute 50 Geo III 60, renders illegal for gerent
Power charter British vessels 10 b, employed
carrying trade between this country aod theirs The
seventh OF that statute PROHIBITS ,be equipment
o. any armed vesse for the service foreign State
without the rct nse OF the Crown; ana also p-ohbts
the cbarteripg Of transports store ships 30
pOyeo 10 IKE With the policy Of the drst OF
nese prob btioas 1t inpoes bic aod fault but the
effect OF tie latter will certainly be to throw into
tho hands of tie Americans irafic of which they
wd not be so~ 10 avail themselves. Il will probably
:,
owner, to reconsider and amend this act, which was
passed for speoai purpose, aud shich cannot be
or 70 rso't ese an t unsee aavsnad
tpat sssumng the av officers the Grow to have
rcty interpreted this siauie its ofiasemans VII entail
coDsequ much terious u tue peL stes
achiDY TO conrabsnd The latter, at most involve the
oss hoo OF chip AMI csgo; but the act in question, in
ADDITION TO these .rnrties renders the oendiDg plres
Noticeable for Inisdeme
Let coosider-to this is the practical question
~ The p,eseu, me-gbat commodities the British mer-
cbaDt CODSgn to the different belligsrent States
without infringing either the law OF nations or the
which there been Of late geat deal Of DISCUSSION,
VIZ COAL We have no hesitation in saying that it may
be shipped in any quantity either TO Fraoce or 70
pr se contrsoand commodity, ana it's export ID not,
therefore prohibited by tue royal proclamation o, the
declined 10 give opinion upon the subject They very
properly leave the question to be settled by the Courts OF
nralty Of the bellgerent Powers As the traffic,
therefore, IL not Ironibsd by his own government the
EDen merchant has only calculate the risk OF capture
" which his cargo may DE subjected on the and
there Austrian shps Of either the French
Sandman casts, there can be in reality no risk at ALL
The case of course, VIII be very different should he
Bgn his cargo 10 Austrian port The certainty OF cap
sure would then be probably as great az the certainty
But even of capture by follows that
stNgo of Goals would be co. demned Coal essentially
article OF doubfu Character aad may be held TO be
con'rabapd Or hot ACCORDING to circumstances Since the
application OF steam to warfare the question has
course becomeof ndohey more ance tn N twas
In former times and there Si probably be greater dis
position 90 the pa't of Admiralty Courts in all countries
toreesrd with article essential 10 the
of pava But the refusal Of the
NEXT to any opiuon upon the subject clearly
shows that they still hold be article of doubtful
character; may add that during the late Russian
war the same view of the matter publicly expressed
by the then First Lord Of the Admiralty (Sr Granam)
reply quest put him the Huge of Commons on
the 9th 1864 He said that occason question
WAS one OF very gFeaipotance and al the sane time of
Of the ders Council hut Instructions had given
10 Ger naestys cruisers that coal Should be treated
a lie OF ooabp cha actr aud should therefore be SUBJ
tn IF atinps II had pan darto in
last He might Illustrate the of coal By that Of
hsy which was an article Of doubtful character and
nisht be intended either for commercial purposes--n
which would not be laole capture-or for pur.
poses Of il which would be held to be contra
band war The orders which had therefore been given
to her asje officers we're, tba, they should rcse
SOUND discretion with reference both to the ports OF des
tertan as 10 the use TO which the commodity was TO be
applied, and If from the port OF It's destination and the
ute to which they had reason to be eve 1t vast be
Piled they thought shoud BIO treated article of
commerce, 1t was not to be Captured but If the
Gary they cane to an opposite conclusion, it to be
captured and dealt With by the Courtof Admiralty accord
ing to the established Law OF nations"
The prc pies thus officially announced as apple able to
coal equally applicable Cortland indeed, 10 pro.
whether these to be held contr aband must be
determined BY circumstances ana by the Law add prac
tce Of nations this is st. the There s nothing
therefore, 10 prevent the export III British Vessels grain
and Of other provisions to all the belligsren; states
There a. tcles will doubt, he TO Austriau ports
a. We observed with regard TO coal, with considerable
risk bur they may be sent TO France or sardua without
any rifk at all Their export neither prohibited by
Queens proclamation nor by the laws Of war
INCIDENTS OF THE WAR;
The following proclamation sasd to have been issued
by Gen. Zobe, Of the Austrian army
PROCLAMATION.
F. ench or Pedmontese de schments patrols, scouts
agents. either In uEor sgused appear
tory occupied by the troops the coummun.s, and
coussq ienty uhabaDt OF these shall give
the command Of station; the territory
occupied by r. notice must be gwen 70 the
sndant OF the Every commune
IN whose territory detachment single solder Of the
army shall dnsover patrol hAta agent shall
DO subjected the penkes Under pain of psge
the commune shall pay contribution the vlllsge
township thus compounded shah be burnt ard the ocder
nmedctely shot, The communes are commanded I, have
this published from tho pulpit snd otherwise AoBGt,
Commander OF the Seventh Corps.
AoRrARA, May "a, 1859.
communication from Tortona Of tho Oath of Nay, In
The Pays, says-During the combat Of Montebello,
twenty-five Piedmontese ancers charged square Of the
Aasans, and forced their way through IT, but eleven OF