The daily exchange. [volume] (Baltimore, Md.) 1858-1861, 1860-07-04

About a week ago, the public learned by tee-
graph that the UNITED STATES District Cont at
New Orleans had given lis decision in the case Of
the TWO Mexican steamers captured last March in
the nelghborhood of Vera Cruz, by the American
soop-of-war Saratoga, decreeing the restitution of
the vessels their tackle apparel, furniture and
cargo to their Mexican owners and referrinp the
question OF indemnity 10 another Jurisdiction.
Inc decree was rendered on the 25th Of
June and by the receipt of New Orleans papers
OF later date, we are in possession of Judre
McCALEB opinion, with the reasons for his deci.
SION These are eminently satisfactory and con.
cluslvei-as the judgment itself is altogether sound
and just. The public, doubtless. have not FORGOT.
ten the circumstances attending the capiure o
these steamers. They We're the property of the
hihAMoN Government OF Mexico, which was then.
as it is now in possession of the city and valley Of
Mexico, and which is recognized as legitimate
throughout the Central Departments of the Re-
public. They were purchased in Havana for the
use of the Government, by General MARIN. an Off
Ger in its service. The nationality of one of them
had already been changed by the adoption of q
new name and the substitution of a Mexican re-
glstry;-the requisite tormalities for the same mr.
pose in the case of the other being postponed only
until her arrival in a Mexican port Both vessels
were armed, and designed to operate by sea
against the city of Vera Cruz, at that time invested
on the landslide by General MIRAMoN in person
Accordingly, for that port they seered after leav-
ing Havana, and-passing the Castle of San Juan
which belonged to the rival Government of
JUAREz, and SACRIFICES, the usual ANCHORAGE
ground OF foreign men-of-war-without salutinp
or displaying any colors proceeded to Anton Lii
zardo Thither, at midnight of the same day
they were followed 10y Commander TURNER in
the saratoga, lowed by the steamer Lqdidnozq,
vessel III the service Of the JUAREz Government
and with u number of boats filed with UNrrrn
STATES seamen and marines from the fripates
Savannah and Leoant. Approached by this force.
ana under these circumstances, General MARIN
attempted to escape with his steamers, but his
preparations for the purpose were arrested bv a
shot from the Saratoga, and upon returning the
hre, his vessels were boarded, and, after a brief
resistance captured, and together with himself
and all on board, sent into New Orleans for trial
and condemnation That trial has since taken
pace, nut instead of condemnng the vessels aslaw-
'ul prize OF war, Judge MCCALEB has ordered as
ABOVE stated, their restitution and accomnonias
his decision with severe rebuke TO Commander
TURNER, whose conduct he evidently considers to
have been not only rash and ll.adyised in tho
highest degree, but in gross violation of the
plainest principles of international law. The
grounds upon which the condemnation of the
steamers was asked for by the UNITED STATES are
separately considered and satisfactorily disposed
of one after another and shown to be equally
and utterly untenabe. We were not at war with
Mexico, and the mere fact that the vessels were
hostile TO the JUAREz Government of that country
ana not render them hostes humaat qeaeris and.
as such, halle to attack by the armed vessels of
all nations; we had no right TO assume that tho
ships OF one Government or faction in n country
which is divided by civil war. We're nrat;co1 orY,
more than those Of the opposino Cororr,,o,,.
faction, and the decree of ei,ber co,-.u-.
claring them TO be pirates, could not ,no,,o IL
such; the vessels in passing Vera Cruz 70 ,bon,
hostile port, were under no obligation ACCORDING
to the rules OF war, to show their coors and their
failure TO do so was no insult to our flag, and af.
forded no justification for the extreme measures
resorted to by Commander TURNER TO ascertain
their nationality; and the resistance offered conse
quenty to that officers attempt to enforce the
right of Search so far from justfying their cap
ture and authorizing their condemnation. was but
natural and justifable measure of self-deence
against an act of high-handed and lawless appres-
SION Upon this last point, the language of Judge
McCALEB is so forcibIe, and the lesson which he
reads to naval officers placed in similar positions to
that of Commander TURNER so we-timed, that
so much OF the opinion is worth reproduction
here. ''There is no reason to do ubt.'' saws tbe
JUDGE
THAT if request to exhibit their colors tn the officers
our navy nad peen made in the usual way and with
out any manifestation of hostility il would ~ h
promptly complied with. Had Commans T naYe oeen
preached them in daylight board the Sor,, e X
his own coors at her masthead Indicated ~ N;
learn their national character by usual signa,s
niZed among men-ofwar belonging to ,eooe-
cannot resist the conviction that wish woni ms
been unhesitatiDgly gratfed. But the time and rno
of approaching them seem to have been equally ;mnr,
unfortunate result that followed Instead of daylight he
chose the night time to visit these vessels instead Of
approaching them with force which, while it might in
dcae his real purpose would divest it of all hostile de-
sign, he advanced upon them in company with two
vessels beside his own and thus naturally created alarm
On Ihe part of the objects of his search resist
M 1oneuslon that those in command of the
AZ Ios de Ia Hdbdnd sincerely believed themselves
- , Vi hostile attack from vessels acting in the
u under the orders of the Juarez Government
anu mas ~ ang upon the approaching vessels they felt
ey the ordinary and ndispuabe right
vi sell ueence' NO colors were isnlaved NV the vasse
under Commander Turner and he him,f ,t , usse
soh time ne never thought of hostinq them because
~ was die 10 DO So since they would NOT be- visible and
nbin ~ sns and most pacific modes Of accom-
TINS OBJECT was BY the very time selected for his