The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1861-08-22


Caba is also to be annexed at the first convenient oppor
tunty. We have no fear for Canada, whfh on former
occasions and under saoro disaddntageous circumstance
has successfully held her not only In tho face OF direct
invasion, but against the less open attempts OF
American sympathzers. We believe that at present
span mas navy amply sufficient TO secure the
safety OF Cuba, and 10 defy any force which the federal go
vcrnmen could bring to bear for the purposeo Of asaeing
Island which invaluable TO the South as the great eo
and seat Of the slave trade ought according to the theory
Of the North, to be of little commercial or political i'm
portance to tho free soil States The Cabinet at Washing
ton has quite enough to do without wantonly Offering
suit to such power Spain. We, however, take these
matters specimens of that international bounce which
appears to be chronic feature of American character
In the words of Tom Thumb 'sWhen rebellion dead, the
New York press may take its breakfast and abuse,
Willy, and outrage friendly foreign powers, but at
present the task Is both premature and ridiculous.
Maine and the agricultural West hare far greater chance
separating from the Union and joining Canada than
Brsh North america has Of throrong IN its fortunes Wh
the e'JeeJled, disocded and dsmenLeyed neghIo'n0re
public.
But still there remains tho question OF beligerent
rights, which continues excite the vrtuous ndigna-
tion Of the Northern press TIE fcw short courteous
and sympahsng words which her Majesty's speech
tans are sure to be misnterpeed the other side Of
the Atlantic. II is of no to tell American contem
poraries that position OF nerrty Is both the interest
and the duty of this country They irritated and
aled The cause of he North Iy declaring The sececists 10
be rebels ana traitors We beiepe that TIE government Of this
co'y can only deal NTH de jure governments Ills fact
that The South has achiered Independence and even If it
were not the decisions Of tho abest American ursts
may be cited to show that foreign governments are
bound TO recognise and respect successful revolt
The United States, before the final separation Of the
American colonies from Spain, admitted the latter
to belgerent rights. England has done nothing
more than strictly follow the American precedent,
which happens in this case to be in strict accord
ance with public law. 1t is, repeat the policy,
well as the interest Of this country, to abstain from all
interference and the Queens speech simply reasserts
this great principle of international truth and justice.
But as the Northern people so wifuly misnterpret the
practical effect her Majesty declaration OF neutrality
w I'M
proceedings have the sanction of strict law. We say
nothing Of the article Of cotton of which supply suf
con for the consumption OF the coming year exists in
this country We hear, however, that ADMIRAL Milne,
the commander Of the British North american Squadron,
has officially reported that "tLe bockade totally INSULT
Gent" This statement of tho gallant Admiral has been
confirmed in the most convincing by the action of
Congress itself An act has been passed which enables
the federal government station Off the southern
ports and to collect import duties AS Lord Palmerson
on Tuesday night remarked, this enactment uo,d alto
gethe do d,cdy with the blockade, because it would
virtually permit at least for fiscal purposes the ngress
and regress of every description of vessel not freghted
with art cles contraband Of We afraid, knowing
the jealous susceptibtes of the Americans that this
question Of blockade may involve this country in
dficult complications AT present we, in common with
the other nations of Europe have wisely kept out of the
QUARREL and IT, unfortunately, we should be compelled to
drift into it, the blame will not rest with England but
with government which has endeavored to the ruin
Of innocent commerce, to enforce the validity of
blockade which is mancsy incompetent to maintain
If the statement attributed to Admiral Milne be correct
the cotton ports in the So,h practically free than
thdn those Of the North, IN which, Still under the mOd
fed tariff the manufactures of this country will be sub
ect to high protective, If not altogether prohibitory
duty The federal government can for its own purposes
make relaxations when arms have to be imported; but
its Indulgence stops where the interests of the British
producer and Of British trade are concerned
[From the London Times August 81
Recent advcos have told that the American Congress
has its President to place ships of war Of the
ederalnavy in the Atlantic Ocean and the Gulf of Mexico
there to collect dues upon merchandise bound to the ports
in the possession of the confederate government This is
about as threatening piece of news as could
well have received and it upon every ground
desirable that parliament should not separate
without some expression Of opinion by the up
the point thus raised Mr. Wyd Tuesday afternoon
asked question upon the subject, ana Lord Pamerston
with characteristic caution, said more in his reply
than absolutely necessary to show that the preten
sion to collect duties Off bockaded port nadmissi-
BILE Lord Pamerston pointed out that such proceedng
if adopted would be practical suspension OF the block
adc, because port could not be erectually bockaded
and ships prevented from entering it, while at the same
time customs dues were levied their cargoes
they had entered" tits very important thai this
swer should be rightly understood, both here and on
the other side of the Atlantic. Lord Palmcrston would
apprehend, be very much misunderstood if he
supposed to have any doubt that the project of collecting
duties in the Atlantic altogether unjusthable by
any article of the law of nations. What he evidently
meant and what his words convey is that If blockad
ing force should allow any ship to enter the bockaded
port by reason Of payment OF duties the blockade from
that moment raised and all the rest of the world would
have from that time forth right to go into the block
AIDED port without hindrance.
Behind this however, lies the further question whether
the federal government has substantive right to collect
duties at such right exists it may be worth its
while to orego the blockade and rest upon the right to
collect customs treating ships attempting to evade
payment, not as blockade breakers, but as smuggers
We apprehend that such right was never heard Of
We are dealing with the claim of right. As matter OF
convenience or arrangement we may of course, collect
our Dover duties at Calais or we may pay our New
York duties at Liverpool: butt as matter Of
right the federal government has just much real pre-
ence TO place floating custom houses in the British chan
mel off Charleston harbor in the Gulf of Mexico
There is not one of the many authorities upon maritime
Win m
the must be enjoyed as an appendage to the dominion
the land and inseparable from the land There
have been conflicts Of opinion to how far this dominion
extends out to shot from the shore has
been the most general measurement and the common
assent seems to be that the dominion of the
try extends far the fairly DO commanded
from the land When the dominion OF the land lost Of
course the appendant dominion of the goes with it,
The shore waters of the Atlantic and of the Gulf of Mexico
the highway of nations subject only the peculiar
rights Of the Of the shores conceded to them for
the protection Of those shores No0 that the possession Of
right there, except in common Nth the rest Of
kind on as bclligrens To station ship
Of there and to enforce psy%en. from ships
is this plain international law but it is plain common
For what does the merchant pay duties upon his
goodsS For liberty to trade in the lands Of foreign
prince government. But can these floating custom
houses give him such liberty They can only allow
him to pass them pnharmed When he has paid their
Charleston or New Orleans, or he may be COM
PEELED to pay duties again to the de facto
government VI Tie country W WHICH no ii DOunu
before he is allowed to enter This would obviously be
the actual fact But, again, the merchant pays duties
for protection in his dealings and for the remedies Of
law existing in the country to which he carries his ad
venture. DO these Union officers profess to give him
thsP Those officers cannot go there they alien
mics; they have no more means Of facilitating cora
mercal operations there than they have in Paris
or Vienna. 1t comes, then, simply to this-that
these Union ships Of have no more right in
the waters of the Southern ports than any other
ship-of- has, and have no power Of beneNttinp
ship beyond that Of letting go by unnjured So long
they are blockading the ports they within their
rights begerens; directly they begin to levy duties
upon the ships Of neutrals they exceed their rights
These things very plain. There is ambiguity
about them and that Is quite well understood the
other side Of the Atlantic this We afford to
handy laugh at any quantity Of newspaper
about conquerng Canada and Cuba, but these Sc
rous interests to be dealt with sobery matters Of
business.
The Blockade.
ARRIVAL OF A COTTON LADEN SHIP AT LIVERPOOL.
From the Liverpool Post, August IL
We have to report the safe arrival at this port OF the
ship Harriet, Of Dublin, from Mobile, after passage of
sixty two days from oath Of June). She rs cotton
laden and brings twelve passengers who have presented
the following testimonial 70 her captain
BeinH DESTROYS of 0ci nCinp respect for Cantan