The New York herald., 1861-12-08

educated In tho principles Of the old Eng school who
may, being badly understood and applied DO made to
serve as support to the doctrine opposed to that which
We sustain He says:The carrying, for the service of
the enemy Of military persons dispatches ~ oe
the same nature contraband Of war; neutral vessel
wheh y employed in carrying hostile forces is subject 70
cohsea!on II captured by tho opposing belgefeat Tho
being obliged to do 1t by force wond not excuse, be-
causc similar excuse would noutrazc tho prohibition
carrying contraband OF war or tho participation IN
wha,ovcr other hostile In regard tho number oe
military individuals which would Justify an infracton,
no rue can DO established nasmach as small number
W persons OF nigh position and consideration may DO or
condition, p &c
This is all that be alleged in justification Of the act
We are dscussng and IN captain Of the steamer San
Jscnlo proceeded conformaby INSTRUCTIONS from his
government, which we do not believe, It Is very pos
siDie he may choose TO defond with that althoS
rlfy and the reasoning upon which IL Ii based,
the violent taking from of the Trent Of tho
two American gentlemen, Ncssrs. Slidel and Mason.
We asist, however, on our opinion; and although We
m ght impngn that doctrine, hni difficulty in
ceptng IT, insonnch as il may be reasonable, by showing
tnat u is net opposed TO What have rted NJ.
wheaton qualities hostile tie transportation Of mill
tuy persons many or few, according TO circumstances,
who may be going 10 the theatre OF neutral
SOL leoHse, by doing that vessel exercises direct
ana may be decisive influence the result Of tho
with injury to one and benefit 10 the other of tho beige
rents, which Is, In fact act parallel with and perhaps
more serious than the transportation Of cotraDand "
Trent? Messrs slidcii and Mason not military per
sons and they going In precisely opposite drec
lion TO the scene Of hoses Supposag were certain
ana we believe II impossible to prove iithat they
charged with diplomatic mission from tho southern
cofeteracy to ono or moro Of the nestra Powers as are
all hose OF Eurore that Is to say that they bearers
o dispatches lot Mr. Wheaton say what pcases such
an act has no analogy with the Of
such as tho transportation Of soldiers TO the encmys
country, nor has been considered hostile by writer's
on International law Let what Mr.. Theodore aor
toan one Of the latest and esteemed says upon tho
sooct n ms International Laws and Diplomacy Of tho
seas, third edition, vol. 2, page 2l3-"But we wii
add, with the athcr {referrng to Wheaton, that the
reasonings which preccde and support TO, tho
general rule are not applicable to the carrying Of dipo
ma'c dispatches of ambassador other public func
tonary OF the enemy. Such dispatches than
evidences Of the pacific relations neutral govern
mems and the beigorcnts; therefore, since should
not interrupt those relations the dispatches which
TO cultivate such should bo permitted"
II could not be clearer neither is there anything
reasonable, Any Power whatever which may be at
with another may send minister's and forward des
pehes 70 those arcay accredited as such to foreign
nions such acts IN regard to these ast nmed can
wise be considered as acts OF hostility to dctan then,
neutral vessels carrying one or The other and to take
them tn nee by force Is patent violation OF princi-
PIE Of neutrality What would the federal government
say II cruiser cf tho southern confederacy had
stofPed aud To- ribiy tikcn from on the same
steamer Trent, Of any vessel belonging 10
nGural Power, minister or bearer Ci dispatches
u thcrsa Would il recognise like right IN It's eneny2
Clearly not u il true that the people who compose tho
Southern conicderacy were formerly part aud perhaps
sooner or later may again form art, of the fe9eri
Ino, and that the government Or tho atter Considers
them as rebels; b. since fnsaud France ad other ma
Il ms have socnnly declared that hey consider and
spect them 10 be ligerent Power they enjoy with Tho
governments that have sD declared every hing apper
tanning to he war th,y are taninE the same con
s.icratons aad prerogatves which, IN its belgerent cha
racter are due 70 the fodora Union
We will conclude this aready TOO lengthy article by
saying lastly that modern international law, more liberal,
amper aud favorable 10 commerce than the old re-
cognizes principe that The ia covers the mc'chan'
disc and, it'll greater persona that the crcum
stance Of these being commissioned by one of the beni-
gercnt Powers being bearers Of dispatches TO one or
more neutral natGns does not impose the latter tho
obligason Of refusing them passage in one Of their
vesse,s through their territory. through a
necessity preserve international relations that by
granting such they do not, therefore, perform q
hostile act similar to the tran portation OF soldiers or
contraband OF war and that from all these resons and
those previously stated may be clearly Gciuccd in
opihnn, that the American cruiser san Jacnto, IN
having stopped the steamer Trent taken from heE and
carried away by two Of her passengcrs violated
the principe OF neutrality which is what VIC have pro-
poscd to demonstrate In this and the former article.
Ottolan il French urss, author of several workg.
legal and historical which used books In ihe
Spanish Unvcrstics.--an. filHALp.