The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1859-07-22


terlocutory discussion has recently taken place
in the English House of Commons on the ques-
ton of what constitutes the coasting trade Of
country, and whether cargoes, say from New
York to San CHARACTERIZATION going by way
of Cape Horn or trausshipped by way of the
Isthmus-come legally within the definition of
that term. The attention of the House of
Commons was called to the matter on
two succeeding evenings-the 9TH and Sth
of July-by Mr.. d. Seymour, based upon
the reported seizure of the cargo of
British vessel, the Laurel, by Custom House
officer at Baltimore, for violation of our navi-
cation laws. We had not any information of
such seizure having been made until we saw
the report of this discussion, which we publish
in the HERALD to-day. The Laurel, it seems was
laden with guano, which she brought from one
of the West India islands, discovered and
worked probably by American enterprise; and
it seems that recent act of Congress restricts
the trading in guano between such islands and
the ports of the United States to American YES
cells, just as the coasting trade is restricted.
The captain of the Laurel, in ignorance Of any
such law, took cargo of guano to Baltimore,
and it was not till after the cargo was seized
that he, on application to the Secretary of State,
learned that such law was in existence.
The question as to what constitutes the coast
ing trade of country having been thus opened
in the British Parliament, the same interlocutor
inquired the next evening whether the American
government regarded the trade by sea between
New York and California as a coastiDg trade,
when the goods are unshipped at Aspinwall and
carried across the Isthmus of Panama to be re-
shipped for California; and if 80, whether it was
proposed by her Majesty's government to ad-
dress any remOnstrance upon the subject to the
government at Washington? To these questions
the Vice President of the Board of Trade, Mr..
Wilson, replied. In regard to the seizure of the
guano he stated that the Board of Trade con-
sidered the position taken by the American
government as a distinct infraction of the
rights of British shipowners under the treaties
between the two countries, and had taken
measures to have the whole subject brought
ment. AS to the trade across the Isthmus com.
ing within the definition of coastwise, such con-
strucion would be, in his opinion both techni
cally and in spirit incorrect; and the Board of
Trodn had nallod tho o4+Antinn of 7 ord Lyons TO
the subject, with the intention of obtaining
satisfactory settlement of the question.
Whatever may be thought of the right Of Con-
gress to declare the trade in guano as coming
within the operation of the principles applying
to the coastwise trade land we confess we have
considerable doubts on that point), there can be
very little doubt of the correctness of our posi-
ton in regarding the trade between our Atlantic
and Pacific States as coastwise. The one was
merely inserted in a law of Congress for the pur.
pose Of securing votes in favor Of private specu-
lation of Philadelphia guano company; the
other is based on the principles Of common sense
and international law. If the first be at variance
with our treaties with England, it can be de-
clared imperative by the Supreme Court The
seizure Of the Laurel's cargo can be made avail
able for testing the question.