The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1861-12-09
NEW YORK HERALD, MONDAY, DECEMBER g. 1861

was quarter Of an ounce over the weight
which the stamps would have paid for This,
however, is according to the treaty between
the United States and England; but we submit
| it to the consideration of the Postmaster Gene
raj to propose that the treaty should be
amended in this particular. 1t operates badly
on both sides of the Atlantic, and England
would surely agree to CHI underpaid letters
from the United States 'he extra postage
only, in consideration our doing the same
towards letters frc 4reat Britain.
The Case OF the Nashville in England.
by the arrival of the Africa we have some
interesting details about the burning of the
Harvey Birch by the Confederate steamer Nash
vile, details which correct errors in previous
intelligence. 1t appears that, so far from the
vessel destroyed being in British waters at the
time Of her capture she was in north latitude 40 g.
and west longitude9 so, in seventy five fathoms
water, and some four degrees at sea, southwest
| of the Lands End. No point, therefore, can be
raised about her being in neutral waters.
| Equally untrue is it that the captain Of the
Nashville had no commission, as Captain Mel
son is alleged to have stated. On the contrary,
Captain Pegram holds not merely privaeers
commission, but commission as Lieutenant
in the Confederate Navy, like the captain
| Of the Sumter. Had he no commission, he
and his crew would be hanged as pirates.
What Captain Nelson probably meant was
that the captain of the Nashville held no
commission from any recognized or legitimate
government. AS England however, has recog-
nized, not indeed the independence Of the South
ern confederacy, but its rights of belligerency,
and has proclaimed complete neutrality be-
tween "the American bellgerents," as the Lon
don Times designates the United States govern
ment and the rebels, thus putting them on an
equal footing, it follows, as consequence, that
the British government, to be consistent, must
permit the Nashville to reft at her ports, as she
did in the case of the James Adger, or would
in the case Of any United States ship-ofwar.
But refitting merely for sea, and converting the
Nashville into ship-of-war in British port,
are totally different things, and it remains to be
seen whether the latter will be allowed, which
is far greater indulgence than the James Adger
claimed and is also prohibited in the Queens
proclamation. "Strct impartiality," which
is the true position Of neutral, would seem to
forbid the reconstruction Of the Nashville for
warlke purposes. 1t is true England might
make the matter appear equal by Offering our
government the same permission; but it would
be only appearance; for the United States do
not require to have their ships-of-war built or
reconstructed in British ports They have
their own ports and mechanics to rely upon.
Already the Bermuda and the Fingal have
been allowed to carry arms and ammunition to
the rebels from England, under the pretence of
trading to the West Indies and it is believed
that both these vessels belong to the Confede-
rate government The Fingal is represented as
| iron clad and is now al Charleston. By this
mail from England we learn that the Adriatc
steamship is being prepared for the same des-
tiny in an English port. The British govern
mcnt may connive at these vessels, pretending to
be ignorant of their character; but the case of
the Nashville is entirely different. She is open
ly and above board a rebel steamer and auda-
ciously claims as right to be converted into q
vessel-of-war in a British port for the purpose
of prcying upon American commerce on the
high seas. The government, it appears, hest
tates as to its course, and has not yet decided
what it will do. Meantime the police are keep
ing watch on the Nashville. Telegraphc mes
sages have been going back and forward.
Groups Of politicians discuss the knotty points,
and great excitement prevails. We shall soon
see what is the real complexion Of British neu-
trality. The London Observer hints that in case
of any violation of the laws of strict neutrality
by the Nashville while in British ports, the
courts, on the representation of the American
Minister, might be moved to action, as in the
case Of the seizure of two Sicilian ships by the
Gently in the case Of the issue Of Kossuth notes
What might be done, however, is one thing. and
what will be done is another.
But there is another point to be settled, and
that is whether Capt. Pegram, by the laws Of
war, had right to take prisoners in irons into
neutral port. 1t is said he surrendered them to
the American Consul; but they were in custody
in British waters; and it appears that even in
England "the arrival of the vessel at South
ampton under the circumstances, and her land
ing prisoners Of war, are looked upon by many
persons as an infraction Of the Queens procla-
nation Of neutrality" The next arrival from
England will be looked forward to with great
interest by the American people. The news
will furnish us with decided test of what
we may expect hereafter at the hands of the
British government.
| AN EXCHANGE OF PRISONERS WITH THE
REBEIs--We learn, from the communications
which are passing between the government and
the families Of our officers and soldiers now in
prison at the South, as well as by our despatch
es from Washington and Boston, that the gov
eminent is taking into serious consideration a