The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1861-12-13

rope, and also the psremptory manner in which ~
federarrgate acted in making her seizure The nsen
tion of the federal government evidently WQs TO de
upon their strict right and 10 do in hhIe GER
nonious a mannr might 10. II they are justified
by rights belligeronts in what they have done
the Of doing 1t Is mere question OF good OF Dad
TASTE II rude fellow claims his rights coarssy We
yet give him his rights and il We would not nnd
ourselves in the wrong mist not quarrel with him on
account Of his i'll manners.
them true that every Officer Of the American navy
stop overhaul ships wherever they may be
found, and take out of them any persona whom, he
may claim to DO citizens OF the United States o.
officers Of Ne Confederate government we
position II would DO plain that such right
exists They tell US that they are not at war,
but are only putting down rebellion They say,
| or said that they not bockadirg their own
ports but simply enforcing law which has closed
Che Southern ports ports of entry. They insist upon
putting their quarrel upon the ground as # the
Gnesn Of England were putting down q rebellion IN tho
Ele Of Wight Now If this were so, is clear that me
mail steamer, been guilty of an act Of aggression
uhieh could 0nly be properly pun,'h.a W laying az
noeepn9 their tiiae nary f,om he seas They would
according TO their point II view not be at war and would
Of The rights of bcgerens neutras Ihoy
would more be beligerents than England was after
the celebrated Smith O'Brien battle in shc cabbage
! garden and they woeld have more right 10 stop
| our ships and carry OIL our passengers than We
should have had 10 stop French ship end take Mr..
Smith Oren ont of her But this rnption Of the
federal government has been disaowed The word gene
rally has refused 10 In this disruption and reconstu
ton Of the North American republic rebellion.
We have reoopniys both republics ns bererant states
| We declare neutrality between them as between two
warning Powers We out precise degree OF equal
consideration for she ships of-war Of each In every
between them Whenever the Southern States shall har
sipen lgof Of suca sotday az nlav make il ssyc hat
less recognise them AUTOMATICALLY, cs IRE aiready
do de fdo. This is the test applied by all writers
international law. To support claim TO entsr into
the cuaty If nations the only proof required OF any eo
pie is that they able to make their Independence re-
spected Krgs and empcrors and even dukes and olrc
have fe sed recognise the government
for the time being, OF England France Italy but only
to their ultimate ridieue. We have already rcc.g-
nzed these Cmfodsrae States as belliger, Power,
ard shall wban the time comes, rec, gni,o their
government. Therefore we have imposed upon ourselves
al ths duties and nconven!cnces OF Power neutral be-
tweea two bcigereaa.
U1seicome tbs truth may be, Is nevertheless
ruth, that hare o,Seces established system Of IN
tegnaitncl lar ,oth tells a. a,'asi IN high
han led and almost sespoc manner have in former
days claimed privileges trails which have ot diff
| lcrant times banded Al the maritime Powers Of the
! wcsld against Ca We have insisted upon ST p
riM the ships. OF war Of neutral nations and taking
British subjects out OF them; and an instance is given by
Jefferson in HI Memoirs in which two nephews OF Wash
layton impressed by cruisers they we're re
turning from Europe and placed as common scaulan I'M
der the discipline Of shipsciwar We have always been
Gnc strenuous tiers &C the rights Of begeronts over
neutfas, ana me uecipnS Oh our courts y. ny %
they must be o,d by our law officers, haze been
| Ia conl matiUn OF these unreasonable cWlna. winch
have called into being combinations and armed neu
traltos against cs, and which have always been nod
od in practils when we were not supreme IN our 90
minon At sea. CofAJ 10 these fGcts the dhmetss "th
may lie cited tbs question: are too sunc rs disd 100
o..Jcm as q ne right Of search by ts''igweM shi,s
| 'Thc only security hat nothing Is to be fond
| inconsistent with omity and the law Of Eations,
known 10 ne law of nations said Lord Shwell IN the
celebrated CT the Maria sis the rght OF personal
visitation and search TO be exercised by those who have
an interest in making it, Again. Lore stowei in the
lenw the subject, says: BE he ships, the ca'goe
and tie des1iaa'n ahat ny msg ne ''gSSi Of 2,
1uiscrs g Gtig,yai aaica. Til they are visited and
searched docs not appear what the ships the desi
Datioa and is for the purpose 81 ascertanne these
pont that the necessity Of this right Of visitation ard
search exists This right i so cear in principle TINT
| man can deny it who admits the right Of maritime
capture: because, if you are not at liberty to
| ascertain by sufficient inquiry whether there Is
| property that be legally captured, it is itnncs-
sibe 70 capt The many European treaties which re-
regulate the exercise Of IT, All writers upon the law Of
natiohs unanimously acknowledge H." The great Are.
hfs 0iomrentaries says:alhe dr,y Of self preserva
ton gives bclgcrcnt matte MS this right. The doc
rine q The English Admiralty co.ts on ihe right q u
has been recognized in is fullest extent by tho courts Of
justice in this couny so far as The authorities n,
stin, NJ Of International Ian ari'eTs i an agay
that huigsren a.isey has The right q stop and
,fi aud search any merchant sdif aiyn ne high sea-
quote these authorities because II essential that
upon matter so important ae that now before the
public mind should be well informed BIT IL mua b. re-
assmbered ho, these DECISIONS mere Grin a'der ccam
| Naaces rr9y di8trea from Hose ariich occur.
Steamer, in those days did moi exist; and mail vcsse
carrying letters wherein all the nations Of the i'd
have immediate Interests were unknown. WeWere hght-
| ing for existence, and did in tEcse days what
should neither do allow others to DO nor expect
ourselves 10 allowed to do, in these days. Moreover
II we gave full score to all this anquatcd law IL remains
still TO be asked whether the who have been taken
from beneath the protection of our flag were liable to
seizure They were not officers OF the army OF the
| ,r i,DNf a q
! enyoys, wanting only in some fcrinaities to be am.
bassadors to England and France We do not say that
there IA any provision in the law Of nations which wi
entie 10 maintain that their persons sacred by
Of their mission; but, on the other hand
not aware Of any authority which VII show that these
Tie Confederate States we apprehcnd that should
have been perfectly justified in taking these abas adors
board our own vcsscs-of-war and bringing them
10 England without in any way ioriciiiug charac
| Ter nuirals. But, atn II Tse necessary
to oaa,a the, those gentlemen acre in te'tsoem o,
,ontyatopd character an Loud the LnstiM ,csSei, is
tetee The opinion of ryy eminent jtrtstS that h.
scns not Qlesic" to Be adicdica'd q. ~ n9cd ccey
and fur boats Tho legal course would havc been
to take the ship itself into port and to ask for her
deuaton for the condemnation Of the passcngcrs in
n Court of Admiralty. The result might doubt have
been the same but il the proceeding was irregular We
have surely right to demand that these prisoners shat
| be restored
when such ,rem ,ndous interests are ut stake we Zee
deeply the responsibility of discussing question lk,
this our first duty is TO can,cenainy not to infaine
the general Indignation which will be felt in these
thc Il told We cannot yet believe although Ill.
evidence IL strong that II is the fixed determination q
the government Of the Northern States 10 force quar-
rel upon The Powers Of Europe. We hope, therefore
that people will not meet this provoca ion with an
bathurst of passion rush TO resentment without fu
consideration of all the bearings of the On The
other hand appeal to the reasonable OF
the federal states-and they have reasonable
among them--pot TO provoke war by auc!
acts these. II ia, and always has beer, vain t.
appeal 10 ola folios and bygoue authorities in ust
fcaton Of acts which every EnElishman and every
Frenchman cannot but feel to he injurious and in
shifting. Even SIR Seward himself must know that she
voices of hesn Southern Commissioners, sounding from
their captivity. thousand times eloquent In
London and IN Paris than they would have been If they
had been heard Mt st. james and the Tulcries Cues
tons Of this kind in countries where the people exercise
power pass but toe quickly OF the hands OF lawyers
statesmen and give irresistible power to neither the
wsest tho most peace loving membogF Of q conmu
rity
From the London Sinr democratic orgar OF Nov Is
The affair OF the Nashville has been superseded by
or far superior interest and importance IL cdcra'sta
aud concderntce have not actually 60 blows within
British waters, they have drawn swords uJon the deck
o British ship The In Plata has arrived at Souhamp
ton ,cits.a hc diinsuished passengers, Mossrg.
sde,i, Mason, Fuss, and Mcfarland, the Confederate
Commiss Escaping from Charleston the 18th Of
October they reached Havana in SAFETY. There they
waited until the th inst for the British mai steamer
Trent from which they expected 10 he transferred
ST. Thomas 10 the Ia Plata. this hope they da-
appointed by the appearance u passage Of a
large ship, he business of which in the BAHIA
a.. A.Af f.. Iii Ft