New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1861-11-18

human events ia sort Of evanescsnt quantity o. wni'a
taken and the practice has been @
band contemplated The case Of dispatches 10 very dher
ent Il impossible to limit letter to small size as no
10 be capable Of producing tae most important exist.
only be considered In chsracteraa an ac' OF he
hostile nsqre hs Sdsns 0i ssns t5sn srsss than
that of carrying contrabsnd under any De
c9ms. sS'Tatsy w1 in cas-. Of eousband The
coIcaton Of the poxious article which constitutes the pen
ally in conraband where the vessel and cargo 90 not peiGn
to the person, would be ridiculous when applied 70 d
pitcher There would be freight dependent on !heir trans
porOn and therefore this penalty could not In the nature
Of things be applied The vsics In which they are carried
must therefore be eonscsted" Robinsons ADM hsp VOL
vi y. 40 The Atalsuta-l ~,
minister OF the enemy resident ia neutral country is an eI
cepon to the reasoning which the above general rule
founded They dispatches from persons who are In
peculiar manner the favoe object Of the protection of the
law Of nations residing In the neutral country for the purpose
Of eas the 5saO6s s sSuaS Sepy dis
tncon arises with respect to the right OF furnishing the con-
yeyance The neutral country hss right 70 MS Tea
tons with the and you are not at liberty 70 conende
that any communication between them can parae Ia any
degree Of the Of hostility against you The limits as
Writers on public law are the begerent may exercise
Bis right of sgsnst them wherever the character Of nos
y exists he NAV Sfgp NE embasadv Of las eHemy on ms
but when he arrived in the neutral country and
taken himself the functions Of his office and has been al
nitted In his representative character he becomes sort OF
middle man. entitled peculiar privileges set apart for the
OF the relations snty and peace in maintain
Ing which all nations are In degree, Interested
Elements Of international Law, p 500.
Walker, 4" Introduction to American Law" says;
Neutrals may not be concerned in bearing hostile
dispatches, under the penalty of conscation OF the
vehicle, and Of the cargo also, unless it can be
shown that its owners had no knowledge Of The
offence"
Kent, " Commentaries" says: " II on making the
search the vessel be found employed in the contra
band trade, or in carrying enemy's property, or
troops or dispatches, she is liable to be taken and
brought in for adjudication before prize court"
Authorities could be iplied-English coincident
with these just recited. The EreRing Post quotes
the following from the recent work Of DIR. Robert
PhImofe, advocate of her Majesty in her Office
of Admiralty"
Page 963 Sec If C-nta6an6 -"Its indeed compes.a,
to Os;sr'ntt stop the embss'adO OF his enemy or his
Page $50 Sec Pr to carrying Of military person, IN
the employ OF beligereni being IN any way engaged In
his service hsI been most soemnly decided BY
United States Of North ncrcR tina. these scs Of hos
icy the part of tho neutral which subject the vehicle in
Page 80 See 27o ofeial communications from Off
ci the afin Of begersnt Government are such dis
patches present hostile character on the carriers Of them
The mhevous consequences Of such service cannot De
that can be conyeJed for is msniest tna by tire carriage
o. such dispatches the mo' important operations OF being
erent army may be forwarded or obstiucted
In OF contraband the quantity OF the article
carried be maternal circumstance but the smallest dis
patch may to turn the fortunes Of war In favor oil par
27- The penalty 4. couasc.on Of the ship which
conveys the dispatches. and Of the ergo"
Thus, according to this latest and highest English
authority, conf.caton may follow seizure.
England, lie party with ourselves in this matter,
lyricdlly and practically claimed to rule the waves,
and in that capacity seized she chose took sailors
from an American war vessel a. her own, and more
fred into the craft capt,red Lucien Bonaparte
from ship in neutral waters, bound 10 America
and asserted "the right of search as rrefragabe.
When Mr.. Ricbsrd OGorman escaped from Ireland
TO this country, he got of in boat and boarded
vessel coming down the Shannon from Limerick,
and bound to America. The police at once gave the
alarm, and war-steamer was dispatched in search
of the vessel. Terence Below McManus was taken
from the brig n. ID. Chase Of Boston, u. S., under
protest Of the officers in the haTbor OF Cork, Ireland
after the vessel had cleared toe port and had been
lying oa waiting for a favorable wind.
The Proclamation Of Queen Victoria regarding the
Immediate dulles Of English subjects toward this
country il very explicit, and accordingly repro
duce it:
FuToHIA. R-Nhereas are happily a. reace with all
scseeius Powers ard states aud wae hosties hive
o. ba'plv commenced between the Government Of the
tuicl states II Aaerica and certain states ylins them
selves tie Confederate states OF America and where's We
being pesce with the Government o the United states
Ltve declared our Royal tla'ion T. MAINTAIN sici
AID pifi, neutrality Ia the contest between the said con
t~ndrr parties; 'hereore nave thought IT. D. and with
Of ivy Council 10 issue 'h' our Royal Proc
ltuafi1n The ision- OF the Foreign Enistment Act
re quoted and thc Proclamation continues as follows;
aud hereby al or loving subjects and all per-
WhsoeyeT entitled TO protection that II my OF them
shal uresume contempt CT this Royal Proclamation
snd h.h dpetuTr TO do any sets In derogauoD OF
their duty subjects OF neutra Sovereign IN the SAID
o. nations In th.t behalf a., for example. and more
eslei.ly, by entering isio tie military service Of
non I'd officers soldiers or by serving a. on
ezra a0Is marines board ship or vessel OF var or
OF OF in the Vce Of either Of the said con,ending
parties By engaging 20 90 or soingto any place the
procuring attempting 10 procure within her Msesys do
nion, al home abroad others TO do by hitting cat,
,Lp II var or pryaso or transport, by either Of the said
coutsndug parties by breaking or endeayoins 20 orssA
any blockade lawfully and actually established ~ or on be-
half either OF the said conending parties or 6y carrying
day Gys drtcs, 0H,dered and deened to De eoHe
band 81 cay, according 70 sldv OF modern ndg. naon
n, he vrcs either Of the sdsd eonfendng par
hs, ~ parties offending cig ineur and be liable 70 ne
staI yenaeJ md psEaI he aud ttdinfs or
BY lac Of aoioas in that eehdD i9osf 0, d,Houneea
and do hsr, dsdre that all slbea and per'ons en-
ed 10 our proisefian rho may noond.et hs,asss ~ ne
preEIi,c, c DO az their PERIL ans Of eiy 0oH rroag ana
gf rv ty IN notrss obtain any protection from d9dss
1lin,, o peuaI eonsegasness Dot l the contrary
tnenr our dispIedsnre BY svch rrisc0sdpct
Given a our Court at ths White Lodge Richmond Park
thia l3h day MAY, l3el.
RE-ARREST OF THE TRAITORS FROM
CALIFORNIA.