New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1861-11-25
THE CASE OF sLIDELL AND MASON.


Tie following is portion OF an editorial article
from The Lirerpcoi Albion. II was called forth by
a discussion upon quite another matter, but At Is 50
singularly apropos a statement Of the English law
applicable TO the case Of Sdeil and Mason, that 1t
seems M if written for the express Pupoee OF proving
that England has nothing TO complain Of in the cap
ture Of the Rebel Ministers.
In an annex TO the treaty Of 1856, Lord Clarendon
signed away The righs Of seizure oil the enemies
Goods In neutral vessels which he'd, up TO that time
been maintained by the British nation as part a.
MARCEL of their codes and constitutions. Ihs 10 lot
an argument respecting the advantage OF that Ng0li
but a matter Of history and lw us 10 iie possession
II had been again and again enunciated. Mr. Mercy,
British Minister at Copenhagen III lcVO, Wtote 70
Count Bernstein:
The rsLt OF visiting and examining, In the open SEQ,
merchant vessels Of ~hs;ever nation or whseyer may De
thelr destinations Is regarded by tie british Government as
the inconts.to. night "a every nsiioh az war ,
Lord Whuworth, as SPECIAL envoy, wrote on the
came OCCASION: III, =,
the state II the principle is once adninet ha
Danish g,te guarantee from search 'lA "a, yts
that nation follows naturally that power can extend
ali the enemies commerce. All ina As re-
r.a l. 10 ind In the world ueuthl State however
sufficiently friendly 10 enemiea to be Wiling
20 nd her Gag their commerce without any Tisk 90
b.t.eior once tns power Of away frsGd a
longer feaI discovery"
In 1907 the same declaration Of the British law
was solemnly made:
Hs Majesty proelaims anew those principles oil aAr ne
agau, which the armed neutrality under the auspices o.
the Emgre.s Catherine originally directed and esansi
which the present hoes Of hna are Denounced Those
80 Naisty und-r he blessing Of Providence 10 determined
10 maintain them They have at all times been essential 10
the NJ afitiIne power OF orest bTiain.
In 1872, the night was again asserted;
The enemy reqaiIes that should recognize a. pnc
pie tnt the good. OF an enemy under usut hs should be
Testea Z, neural goods these demands tine enemy
quires Great Britain and AL ciyled natlh ahN ~ ms
teurc rrnounce the natural and ncoaesii5e nights OF
tages Of her naval superoriiy. -, ~.
Lord Nelson spoke of 1t AS follows TO me IFihes
ROYAL OF Denmark:
suppose that England which she never will YVES to cen
tnis freedom aud hon,cnse o. ns,lss''" we sess
would be DeameIE and tic Baltic wouia sooh chAe
is anne to the Rus.isn LAAe"
IorI liverpool " .ilcs thus of this law:
1.-THE English courtH Of narAtims Jurisdiction are -rorc
y c.cstpd TO preserve tho freedom Of NAVIGATION then
an, ohe country hy are not subject 70 the control The
executive power pssfious oil hngs ana hlises can
ns,er iniuenc. the deelsions OF them,
Lord Eissine. o'Iing from Lord Liverpool, says;
Whst Ienafr the authority 81 the work ito which
defense OF the maritime rsnis Of this country az Aast the
armed neutrality which several nsIon' had set ca GOT oo
tending Agat tbs night 81 search TIE principle mat ifes
Aims mace goods Ny ord what authority did tbs
able author support the right o. his country. which the
main pilsrs 81 m strength Upon 40 o;heI ny oro ana
uoae could BE- NECESSARY than hs had beel setci by
the uniform practice u nsols go~I up ino the polive
could seI IT,"
Nstlei SAYS:
We cannot prevent the conveyance of cSsabanl goods
without rclpg vessels that IlsetG sea- We hANs teie
loge right ~ search them"
Gritty. ia his notes 10 NasLel SAYS:
Clearly the right o. seach exists practically as well az
theoretically"
We might ell volumes with similar authorities, but
all is wound up in the words of Sir William Scott
| Lord Stowelll:
"The Riga, search Is clear 10 practice which uniform
ard WHY aaL No In the least oonsersant With subjects
| OF this kind h,s vA,nTed doubt upon IL
These authorities have Lot been given as pointing
ont the danger 20 England OF abandoning the right
ot seizure, but as proving that this night was per
feet ono, aud TART and parcel of the law OF the hind
Sdoh law comes down to the Crown ard to the pa
lion rs an iaalenabe heirloom. II could no more b,
ceded even by the common consens Of the Grown
and Parliament than tenant in lff could alieDai,
Emily Jewels appended to the estGte.
This right Logd Clarendon sVoa.aaeo lsly, ard .