Richmond daily Whig. [volume] (Richmond, Va.) 1842-1861, 1861-05-27
THE RICHMOND WHIG.
BELLiGERENT RIGHTS.
[ From the len io' Tines, Mey Sh

rom tHf nm i9H I'HfS, MGy oh
Mr. Horsfa!l last night Welded to the expression of
opiricn Which came from both sides cf The House. and
Withdrew his motion upon the sulj jrct Of bligcrent
rights at sea- lie lad, indeed, alternative. when
he IVES tell by Mr. walpolc the part of the 0pposi-
ton, that il was not for the bentf. Of the public nte.
rests that such discussion should be ras at this mo.
meut aud when he was told by the Minister that it
| impossible for the Government to do Otherwise than
remain wholly silent during the threatened dscu sOD
there was nothrg for il but to submit l. is not to be
questioned however that OF all the topics to which the
House cf Commons bstcck themselves after they had
thrown over that which they bad 10 di,ouss
could compete for public interest with the question Of
beigerent rights at sea- Cabinet Councils have been
sitting upon IT, Chambers Of Commerce are auxously en-
curing about it. and every connected in any way
with mercantile affairs gdes naturally into the tonic i'm
me- diaiely he has despatched the TWO necessary
ieLces concerning health and weather. Tho Maritime
Law OF Nations is, Lord Palmerston Gays, a
grave and complicated question, and, If there be
chance Of going wrong upon it, people in the response
Lle position OF Ministers had better take time Or du
ties are hsppy, OF less severe character II We ca-
not lave the official ghts to guide u.s. mus: travel
by what lights baiI nut must y,ntlate rs
may this gu stion upon hh all men anxious
and upon which Crbiue;s hesiae to commit themselves
to un opnun. TIE point IA CT pCrPeXes ,hec INNER
cal mind ut this I-om,nt Is no. much whether the
cruisers of the South have he right soz} the slips
of the North-tha question is ALREADY almost settled by
Lord JOnXs answer on Monday nght,-but what goods
they have a right TO sez3 beard the vessels OF the
NORTH and what goods they have right to seize on
board OF English merchants SHIPS. The same anxiety in
still greater degree exists to wha: rights the Eayy
and cruisers of the Ncrh have the imports and
ports Of the South 1t this enormous CONNER
cia transactions hanging susp ud'd, or are Isked
upon the determination 10 wLCthCr i. viii be held du
ring this war that free vessels make free oOd and wheth
or IL free goods remain free in enemies vessels As Para
mcut val, help us in cur Neiies upon these mat
tors We must give what aid can 10. solve but to
discuss III IN.
The common law Of Euop,an nations to prizes OF
has been suppOstd upon very celebrated state
ment drawn up by the Law oi; Of this country IL
l752 at a ciisis wien the King Of Pns ia threat
uug reprsals damage done to the properly o. Pfu
sian subjects by British pIi1aiCcrs THIS statement
acted upon at the time 10 years later repeat by
Lord Stowe and las been adopted by that great Amer
can authority, Judge Storey, when treating on pize
courts. IL may be tai Gu therefore, rs an enuncatiOn OF
the public law relating to bCllger,nt rights the
high Seas that law was Understood by England and
America in years past According this d clartiOn
the property OF enemy may be taken, although On
board the ship of friend d. on tie other hand, Ii,
properly .! a friend although on beard the ship OF an
ra,mv ought 10 tie restored. This declaration also
states to be part e the law c nations that where
two PER at war all ship are liable 10 he stepped
and mined es 20 WEcm ihcy bdoug to, and whether
tiey are carving coGI6baud the cnimy These, in
default OF spec c trtati's the tGrce propositions
acknowledged by England in early days TO be the beams
aud raers OF maritime international law. Bat an inter
national law prrsuwcs an universal consent OF great
p WtTs, snd this Racing o btEg.rtn rights at sea
never had such a general sanction France never will
rely accedtd the Goctiine that the goods OF friend
were sacred from seizure although found in enemy
shin ard America agreed 20 tie right OF seitrJ
r anrc from timr time, Pressed by some Temporary
,xccrcy made special treaties 20 q Idtct; bat,
grirr, Iuc, there total OH renee ~ The h gl5h
ani the Fr Ech rCadirC- OF the maritime international
law Whrrta- the Fretch held that free ships made free
eooda We held that free ships did not free encuie,
Goods; and whereas the French held tIat p'z' ships
made Irz, goods hcld that friends goods were NOT
przablc ia cucmi,s' slps The French view, that the
.1rgo followed the character o! thc siP, uadouh
dy the easier carry and he less obnoxious to lc
gll qulbbliig Tnc English view the mIrc slcily
co rect BuI neither had the nee ssafy sanction OF
universal assent It difficult t) claim tor either the
force Of international l.N.~iu S5i however vheu We
took France witt US the Cr m'a, it necessary 10
act under some common lulc; agreed, therefore, 10
each u,h,r halfway. England, accepted the French
principle that fee sihps make Tree EoCdS and France
gave up her r,;crsons to make prile Ct tbs property
Of ueurlls taken in enemies ships.
There was however, no p"imInency in this compac',
and VII he Treaty of Paris concluded in lS5d,
tie PicnipO'ensries OF Grcny Britain, France, Au7tfir
R,ssia, Sardinia, Turkey, ana Prussia, made solemn
declaration this c in order to pu; an end to the
r,anty of the Law, rather o! tho practice This
declaration was in the following words:
lINhNtIUB IL, anu ltAhirt aIOli'Htu'
"2 Tbe reutral nlg covers enemies goods, with the
exception OF coatrablnd Of war.
40 Neural goods, With the exception Of cOntrabaud
Of war; Lot liatle to capture under an enemys ig
al Block tdes, in order to BE- binding must be ciec
vc-that say maintained 10y force suihcicn. really
TO prevent the coast oi the enemy The present
declaration and shall Lot be birding except between
those Powers who have acceded shall accede to it."
To this declaration the United States acccdad
It appears by the Presidents Message Of 1851 that they
distinctly refused their assent to the abolition OF pr'a-
teeriGg.
The declaration itself when we withdraw the clause
which aboishes pvaeering, and give fleet to the pro-
yso contained in the last member Of the fourth clause
is little more than q peipetuaon Of the Convention be-
tween England and France. IL gives the crCc OF law to
the French prircipc that free ships make fee goods
aud this would give security neutral traders in
clriyiug our exports to both Northern aud Southern
States and IL bringing back our from the North
and our from the South If the United States had
cceded wholly he declaration appended 70 the Treaty
~ Paris th re would have been further doubt upon
ns part OF the qltst How far they did de- to il
WILL PERHAPS admit of dispute Their objection
not 10 the protection Of neutral ships Ga the contrary
America proposed herelio be always az peace AID a.
wlys rendering profitable assistance to nations that might
be Al var Whether in the Bitc or the Chinese FcgF
or in the narrow waters about Canton the American poll
CIV was awuys to extend the rights OF neuuds aud TO
contract the rights Of bellgerents She went to
war with US 10 Icist the light Of search, which
We claimed as belisereut night. Size has always
bitterly denied the right to visit any vessel sailing
under her flag for any purpose whatever Sill more,
therefore would she resist right TO take any cargo Out
Of arv ship actually belonging her under the preencc
that the csrgo belonged tO enemy IL not to ills
part therefore of the declrlon Of the Powers that
were pares TO the Treaty ol Tis that she oja,ted il
WAS simply to the clause which abolished priSateerrg-
+ il right To send forth piyatoeIs she cung to the
resource of nation which did not choose to keep up
large navy and which, being distant Power, had no
dang rous ncghbos 20 cope witt and need not fear ay
sudden attack To this clause alone she objected all
the rest was in acco. dance with her policy. kmeri
, uresept position il which size never could have
fr seen and never contemplated il is the direct
trary of that she has marked for herself and
re has consequently been ndusriously viudcGtug prin
cines aud making precedcRis, al OF which viii nov
90 to the contraction Of her bellgeTent rights.
Sic has saved from perstilg the vile trade OF
rrivateering, aud the exiserce Of pFivaeers seat
toned over every sea will ntcessi'ate the dividing
her yet in order 10 protect her ccnmeIc,. She has
stretched the rights OF neutras resistance Of the
con,,d,d rrht Of search and VISIT aud Sie has thereby
given us immunity for every character ol goods which
we may carry in fr neutral shi.s She has even,
we believe gone further than this If We mis- AXE not,
She in very recent OF American ship seized
by Neapoan cruisers I'll Sicily, rails and insisted up
on the point ta State cannot blockade i,s pors.
We SD ak from impression and not from Teerence but
We believe We are correct in saying that the United
States demanded and obtained restitution and oompen-
saor fron the King Of Naples, upon the ground that,
.s he claimed Sicily as part OF his dcminons- Just
Mr.. Lincoln now claims the seeded Stites-be could
not lawfully blockade the ports Of Sicily However this
NAV be- we have said enough show that there is re-
ally some complication in the questions which the Gov
ernment declined last night 10 discuss But il is con-
ISOLATION 10 know that ia dealing with these questions
shall have TO deal with people who have always been
.f tlrn tuf,f ~ and hn uill