The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1861-12-09

:, bar rook and a pennant at her main. shc had,
also all the outward signs Of public vo ,s o,,.
sartss OF he pBt maybe sure, IN both cases looked care
GIv al der o5ds and oLo a. The ships We know Ion
Lard Russes instructions OF the LIST OF June that these
orders were nterdct the armed SHIPS ana also the
priyateers both parties from carrying prases made oy
Them into the ports Of the United kngd m or OF any OF
bar Maicsy,s nos sessions Neither the Nashville, how
ever which was tho rame of the new conner, nor the
James Adger, had any snip ~ VOW 81 ~ he, mano mS
the Nashville like tho James Adger, was allowed TO
bring up of the mouth Of the llchin, aud within
few hours afterwards very free and easy way she
took no a snug berth in the dock. She Inns met
with some bad weather. and she proposes, like her hos
Tile sister, make good damages, and so forth again
upon business Of her The only point, If it be
point in which the Nashville differs from the James
Adger that the former has been fortunate to
take prize This prize however, she left at tie bottom
of the sea- bringing the crew into southampton and Civ
ing them up TO the United States Consul There cas no
prise in The technical sense q s 'oord ship and cargo
10 be brought into court ana cn'emned anu sold. AS we
have right 10 board public vesseorwar one, Of
course has any means OF knowing what either the James
Adger the Nashville has in her captains cabin her
leutenans berths All we know is that neither Of them
had any floating thing following her IN the fashion Of
prize.
These are the facts to which our government has
TO apply the principles Of international law. We are
what is called neutral Power. The Queen, in her proca
nation Of May last, has, under responsible advice, do
cared that she and all her subjects will hold ca strict
and impartial neutrality between the government Of tho
United States OF America and certain States styling them
selves the Confederate States Of America She warns
her subjects against addng the warke force
ship vesseofwax other armed vessel belonging to
either Of the contendDg parcsn she especially recog
nses the ships war ana the prvacers both these
partes and denounc tho penalties OF tho Foreign En-
lstment act mplraly against any Of her sub ccs ca'
rying officers soldiers dispatches arms military or
materials for the service OF either OF the contend
ing parties" Ths.s what the Quecn--we mean, of
course the Queens govornment-has said TO her own
subjects After his recognition q The tnro beligren me
ation Of the Government must BE- understood to be restricted 10
the rights Of neutral Po'osr tween hc0 oeilgrent ma
tions.
Far be it from us to attempt resolve upon FIRST
IMPRESSION questions which INST soon arise ard which
will doubtless be much agitltcd and tested by vast re-
search The southerne viii, perhaps ask US what
right we had to allow the James Adger 10 rent; the
Nashville to rent We prob by should have been.
in our strict right II We had refused to have any
thing to.do with either Of these ships yot,al says
exact impartiaty between the parties at war: t1,
should he Japor TO the detriment IF The Other, sna
trdity ic0ud be a fraudulent neutrality" And he pro
ceeds to tell that he does not that the neutral
nation should not afford impartial succor, hut should
maintain an impartial denial Of succor. Even we had
done this, however, we should hardly have escape the
cshsure Of a very high American authority. NJ Whet
American point Of view has considered this matter and
he writes thus:-"An opinion is expressed by some
text writers that belugerent cruisers only
titled to asylum and hospitality in neutral
ports, but have right to bring in and sell their
Frizes within those orts. But there SEEMS 70 DO
can prevent the neutral State from Withholding the exer
else Of this privilege impartiay from all tn, begerent
Powers, fom granting to Of thep and
fusng to others when stipulated by treaties existing
previous to the But the absence OF positive pro
for these purp ses SO that would appear that by the
absence Of positive prohibition bon North and South
have acquired sort Of vested right to into
ports, without prizes, and demand "asylum and hosri
tality" :.
II seems to be strange doctrine that uet people
be thus involved IN the qnarreis Of bogelcns at the
other side Of tho Il be When Hecnan and Sayers la !
made up their minds to fight, and each went into aiming
somewhere in England, police exered themselves TO
take them both nto custody and preserve our peace.
But seems that is according to the law Of nations for
any two or more American steamers to come over here,
70 into training IN ports and u steam three mil
from our ooas ami fgM it.a This however, is not the
worst OF the business. The Coniedcrates in his in
other cases. to have knack OF eecting what the
federals only attempt While the James Atge ony
Of war the Nashville las actually captured aud b. rnet
the Harvey Birch, ana made prisoners Of her How
on guests .hn " a s a WITH
mpatence To have tbs law Of nations, Jar as it rules
these announcement vi tiers, expoundcd to US. IL acoud
be clearly 10 ineres. to Keep than Lh ont Of har
bors If. however, we cannot DO this, pposo We
m. @ a IN. d d ss pam s cdrs
cause strange revolu.ion in tho IDEAS Of the British Ter
poun honseholasr who has always looked upon war ~
something terrible which takes place q long way of III
au be ableto take e, 'ikt % haalcs in Ne Bril-
channel pherein n Is bound to takc oly impartial
humanitarian interest
WHAT THE sHIPowNEas AND TRADERS OF ESGLAN
THINK.
From tho London Mercantile and Shipping Gazette
Nov. %
The of tho Confederate war steamer Nashville Il
Southampton water with twc.ty nine prisoners Ct
board taken out OF feicral merchantmen, whose burn
created cos ierab excitement and has already ne,
the subject Of enc getcc mneD.. Whom month since
we announced, on the authority of ouAmerican
that the Nashville mad the bocka Charl ston
was be ieved that she ID tho Southern Commissioners
the risk Of capture n order ito carry those gne
men to this country. 1t now appears, ho aies o tha
Messrs siidei and Msson got away from Chaiest N ii
thoeteainer The dor some three the Nes
vile sa,lei anu that they their way England in
t Ess 1s ihe Of Mss a ma amers 80 far Therefore
But from all we can the ndition of the Ma byj q
Is Such as to necessitats overhuul
Inc news Of the ivai Of the Nashville naturally ere
ated, when first received, very uneasy sensation
Here, 1t was sad lis vessel fresh from a work ,f
destruction, sailing quietly into one OF o n lea inp ,os
and aiming tho ri ht of as lum Can we amt her 10
40 30 without COMPROMISING that principe of stric, no,,-
Ine ohe 500 ~ tho Atlantic rro.cssodly cii'eg,
little rejection is Sufficient show thu &c az. no,
oo"spram'ea " permding hs Ma hcue 10 ens tie X
a:ng.sxaaaih 1 any m"e Than zoe s6sT conf, oai
peTmIt"9 re'en ~ ne James igr federal war n IN i
70 rem IN the same port or than shall
Sso south water. when this American war
msht, aiteF m3ure debcraon corced itt,eeyent
s",s s,n g e 20 y, here9 fiaaa t,h paris fonJ
co1 40 80 ne On MS 81 NE established code OF mari inc
.Dayare: OR government next issued royal pr cama
-tloh orohdlbg, IN most imperative torms ali British
subjects at homo or abroad O. di ectly or n
directly bew, on the American beiligefcnts The irI
sd WE 'he issue by me Lords Commissioners II tic
Aannray TO the various Cover OF colonies ana
70 Inc IN. an Cover ninent, instructions intcrLc the
siHeu shlls, ana also thc pivatcc.s Of tn ,.t,
from carrying prizes made by them into tho ports ba
oors roaasteads or waters of the Unitci King ,om
Or any OF her Majcstys colonies or possessions
soroad" No further Instructions have been issued
oy authority for the guidance Of British subjects with
reference to the pending struggle. The French COVE n
mont subsequent appea h law OF France in III same
oHoctioh, by which prizes Of bigcrenis are only no..
i.tea 70 remain twenty our ho rs in the French ports
soovous hai the intdrdct contained the above in
g.ctops concerns the Nashville little does the
sanss Adgerm:hct is 70 say does not Apply /, etIc,
vessel II Is true the Nashville prize OF the Harvey
butts he 1.y'ro M.
Aere ana then, and she has dei,rered III. cr oer IN t
otun government The oh ect OF introducing the in ro
lion oil belgerent vesscs with prizes into nru por;
prevent captois awaiting thcnelvcs Of al ,rizc
courts FOR tho condemuh1 Of such vessels a t.,r ear
goes, thereby compromise the principle nr e. i,tral
ity which II is the bouBdn duty neutral. Il, o. 49,
BY and to uphold / true tbo IN Ays zone L yt,j.
tods inradea, and notably ~ tie sa,,I,a ,qrrng, q,
dTngl ne French ndT ,rho clam i he yiga on n let
ports 70 ne pricdteJs and pie; of Franc ucd uo,
tbs alleged right. THIS doctrine IL. trust cx. lode
forever amongst ma itimo stat s. z eat nc ltra
Power will it mag be hop op her ports h,accfortli
Tor the OF foreign priyntecrS the h.,
stowal o. th n prizes. Hal the Nashville The James
al ANTI ION tf.y