Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1861-12-24
ruv UoKDON ON THE MASON
ANn SIEDEEES SEIZURE

Ii requires a strong effort OF selrteatoi"t -
! discuss with GOODNESS the intelligence we pubish
to-day. An English mail steamer, sailing uhuei
the British flag and carrying letters and Passen-
rerg from a Spanish port to England, has been
STONED on the high seas and oyerhauled. four
of The passengers have been taken out and carried
off as prisoners, claiming and vainly claiming as
they were being forced sway,t the protection Of ne
/ 1ag of Great Britain. These are the naked iacts.
Is it, then, true that every officer of the Ameri-
can navy can stop and overhaul our ships
wherever they NAV be found and take cut OF
them any persons whom be may claim to be
citizens Of the United States or officers OF the
Confederate government If we were to admit
the Federal view Of their Owl position 1t would
be plain that no such right exists.
They tell US that they are not at war, but are
only putting down q rebellion. They say, or
said, that they are not blockading their own
ports, but are sinply enforcing a law which has
closed the southern ports as ports OF entry.
They insist upon putting their quarrel upon tue
same ground as if the Queen Of England were
putting down a rebellion In the Isle OF Wight
Now, if this were so. it is clear that the Federal
States of America have in stopping our man
steamer been guilty Of an act OF aggression
which could only be properly punished by laying
an embargo on every American ship in British
ports and sweeping their little navy from the
sea.
They would, according to their point cf view,
moi be al war. and would have none OF tie rights
Of belligerents over ~neutrals. They would DC
more be belIigerents than England was after the
celebrated Smith O'Brien battle in the cabbage
garden, and they would have no more right TO
step ships and carry of our passengers than we
should have had to stop a French ship and take
/ Mr. Smith O'Brien out of her. Bat this assUmp-
] 49,, Sc .hn Ea1rrul rrova-umnut has hnpn GIsal-
lowed.
The world generally has refused to see in this
disruption and reconstruction OF the North Amer
lean republic a mere rebellion. We have recog-
nized both republics as belligerent States, We
declare neutrality between them as between two
warning powers. We mete out q precise degree
of equal consideration for the ships of war Of
each. In everything but diplomacy we bear
ourselves exactly equal between them. When
ever the Southern States shall rave given proof
of such stability as may make 1t sure that they
can sustain their independence, we shall doubt
less recognizes them automatically as we already
do de taotO.
Unwelcome as the truth may be, it is never
theless a truth that we have ourselves established
a system Of international law which now tells
against us. In high-handed, and almost des-
p0tic manner, we have in former days claimed
privileges over neutrals which have at ditfeTe''
times banded all the maritime powers c,lne
world against US. We have insisted en- uPon
stopping the ships Of war Of neHtA hA'5ons
and taking British subjects out a them; ana an
instance is given by Jeffersc' ~ MS memoirs
in which two nephews % Nashngton were I'M
presse5 nv their cruises as they were returning
nom FurGpe. and ylaced as common seamen IN
der the d~iscipiDe Of ships Of wal.
We have always been the strenuous a~sseTtors
of the riohts Of beIligereuts over neutEals, and the
DECISIONS of orr courts Of law, as they now
be cited by our law officers, have been IN con
ihrmati0n Of these unreasonable CLAIMS, when
have called into being considerations and armed
neutralities against Us, AID which have always
been modified 10 practice when we were not
supreme IN our dominion at sea. Owing to these
facts the authorities which may Be cited on this
question are so Numerous and too uniform as TO
he right of search oy be,igerent ships Of war
over neutral merchant vessels to be disputed
g The only security that nothing is to be found
Inconsistent with the amity and law Of nations
known TO the lsw of nations" says Lord Stowel
in the eeIebraied case Of the Maria, rs the rgh
of personal visitation and search to be exercised
hv those Who have an interest in making it
Again, Lord Stowel, in the same judgment
which is the storehouse of all the English law o.
this subject, says: "Be the ships, the caTgoeE
and the destination what they may, the right q
visit and search Is the inc0ntestible right Of tn
cruisers of a belligerent nation Ill they ar
visited and searched it does not appear what the
sbius or the destination ETe apd It Is for the pnr
pose Of aseertainipg these points that the neces-
sity OF this right OF visitation aud search exists
This right is so clear in principle that no MAJ
can deny it who admits the right Of maritime
capture; because, if you are not at liberty to as
certain by sufficient inquiry whether there il
property that can be legally captured, it is impos
sibie to capture. The many European treaties
which refer 10 this right refer to it as pre-existingi
and raeraly regulate the exercise Of it. All
writers upon the lay Of nations unanimously ac-
knowledge 1t
The great American authority, Kent, treating
upon the ssme subject in his Commentaries,
says:
Great nations this right. The doctrine of the
English admiralty courts on the right of vista
ton and search, and on the limitation Of the
right, has been recognized in It's fullest extent by
the courts of justice in this country"
So far as the authorities 60, the testimony Of
International Law writers is one way, that a
belligerent war cruiser has the right to stop and
visit and search any merchant ship upon the high
seas.
We do not say that there is any provision in
the law of NATIONS which win entitle US TO main
tain that their persons were sacred by reason Of
their mission; but, on the other hand, we are not
aware Of any authority which will show that
these ENJOYS are contraband Of war. Ii we had
recognized the Confederate States, we apprehend
that we should have been perfectly justified in
taking these ambassadors On board our y YES
sells OF war and bringing them TO England
| without in suy way FORGETTING our character as
~neutTsls.
Bat. even if It were necessary to admit that
these gentlemen were in a beligerent or contra
band character on board the English vessel, 1t IS,
we believe, the opinion OF very eminent Ju1st
that this was not q question to be adjudicated
on bv a naval officer and four boats crews.
/ The LegdI course ,oOuld hare been 10 take the ship
Itself into port, and ask for her condemnation or
for the condemnation of the passengers IN a court
of admiralty. The result might, no doubt, have
been the same but if the proceeding was irreg-
ular. we have surely a right 20 demand that these
prisoners shall be restored.
When such tremendous interests are at stake
we feel deeply the responsibility Of discussing
a Question ike this. Our first duty IS to calm,
certainly not to inhame, the general indigna-
nation which viii be fet in these islands as the
news is told. We cannot yet believe, although
the evidence is strong, that Il is the fixed de-
termination Of the Northern States 70 force a
Quarrel upon the powers Of Europe. We hope,
therefore. that our people viii not meet this
provoeation with an outburst of passion, or rush
to resentment without full consideration OF ell
the bearings Of the case.
On the other hand, we appeal to the reasona-
bic men of the Federal Staies-snd they have
some reasonable men among them-not to pro-
vide war by such acts as these. 1t is, and
always has been, vain 10 appeal to foios AND
bygOne authorities in justification of scts which
every EngGshInan and every FrenchnRn can
not but feel to be injurious and insulting.
Even Mr Seward himself must know that the
voices Of these southern commissioners, sound
ing from their captivity, are a thousand timeE
more eloquent in London and in Paris than they
would have been if they had been heard at 81
james and the Tuileries. Questions Of this Kind
in countries where the people exercise power
pass but too quickly out Of the hands Of law
!, l1ers and statesmen, and give irresistible pOwe
TO neither the wisest nor the most peece-lovinl
members OF the community.
PROsT CAIRO,