The weekly sun. (New York [N.Y.]) 1851-1869, 1861-12-21
In The wrong We mus, not quarrel with aim on

account Of bis IN manners, Wv" ann On
ISL. thsn, true tat every officer ~ m,
american nav can stop and overhaul our shio,
mnereNe' ,hey may be found, and take out q
oe,ln any persons whoa he may claim 70 b,
citizens OF the United States or officers of the
COniederate Government II we are TO admit
.he federal view OF their own position Il would
he plain that no such right exists They toll
US that they are not at war, but are only put.
ting down rebellion. They say, or said
that they are not blocksding their own ports
but arc simply enforcing a law which
has closed the southern porit as ports Of entry.
They insist upon putting their quarrel upon
the came ground as II the Queen Of England
were putting down n rebellion In the Isle of
Wight. Now, II this we're 80, 1t is clear that
the Federal States Of Amtrica have 10 stopping
our mail steamer been guilty Of an &C, Of ag-
erosion which could only Do properly punished
hy laying an embargo on every American ship
10 British ports aud sweeping their little navy
from the seas. They would, according to their
point Of view, not be at war, and would have
none Of the rights Of belligerenis ovor ncu'rals
They would no more 10 b-l'igerent, than Eng
Land was after the oolIbrat cd Smith O'Bri,n
battle in the Calbage-lnrden, and they woul.'
have no more right 10 stop our ships an. carry
OF our passeng' rs tbau We should have b "a H.
stop French nhip aud ,ke MIR. > rith OBriJn
out Of her. But this assumption uf the F,e'efsI
generally has Refused to see in this disruption
aud reconciliation Cf The North American Repub-
lie mere rebellion. We have rcco ;niztd both re-
publi' NJ bcll'g' rent sta.es We declare noutrai-
" betn Ger them A. between two warm z p overs.
We have ALREADY recognized these Coniciera'c
States as Jelligoront Power, and We shall,
WHOM the time comes, recognizes their Govern
ment. Therefore we have imposed npon our
selves all the duties and Inconvenience Of
Power neutral between two belligerents.
unwolcome as the truth may be, 1t IL never
theless truth, that we have ourselves estab-
lilhed Rsystsm Of In teruational Law which now
tells against us. In high-handed, and almost
despotic manner, we have in former days claim.
ed privileges over neutrdls which have nj
different times banded all the maritime
Powers against US. We have insisted
Cyon upon stopping the chips Of war
Of neutral nations and taking British
subjects out Of them; and an instance Ia
given by Jefferson in his Memoirs, In which two
hepbews Of Washington we're impressed by our
rruisers as they Were returning from Europe,
ud placed a. common s,amen under the diSci
pine Of ships oil. war. We have al ways been
The strenuous asSerlets of the rights OF ballige-
rsnts over Deutrsls, and the decisions of our
Courts Of Law, IA they must now DO ted by
our law officers, hsve been in confirmation Of
hose unreasonable claims. Owing TO the
acts tho authorities which may be cited on this
o the light of search by belligerent ships Of
var over neutral merchant vessels TO DO disput-
ID. Tho obly security that nothing Is TO bo
ound inconsistent with amity and tho law OF
Nations, known to the law OF nations" said
lord Stowell, 10 the celebrated case of the Ma
ria, sis the right Of personal visitation and
search TO be exercised by those who have an in
crest In making It," Again, Lord Stowcll, in
The same JUDGMENT, which is the storohouse of
III the English law on this subject, says; 'Bo
he ships the cargoes, and the destination
what they may the right Of visit aud search
ire the incontestible right Of the cruisers OF
belligcrent nation. TIL they arc visited
md searched, 1t does not appear what the
hips or the destination are and It is for the |
purpose fascertaining these poiRts that the ne
essity Of this right Of visitation and search ex-
sts. This right is 80 clear in principle that no
nan can deny II who ADMITS the right Of mari |
line capture because, il you are not at liberty |
o ascertain by sufficient inquiry whether there
3 property that can be legally captured, II is
impossible to capture. The many Euro
can treaties which refer to this right
efr TO II as pre-cxittinr, and merely
egulate the exercise Of II. All writers upon
he law Of nations unanimously acknow.
,dge it. The great American authority
,ent, treating upon tho same subject 10 his
says d" The duty OF self pros
walton gives TO bolligcrent nations this right.
he doctrine Of the English Admiralty Courts
n the right Of visitation and search, and on
10 Limitation Of the right, has been rscog-
zed in its fullest extent by the Courts Of |
Istico in this country" So far as the autbori-
en- go, tho testimony OF International Law |
riters is all one way, that belllgerent war |
uiser has the right to stop and visit and search |
ny merchant ship upon the high seas. |
We quote these authorities because II Is es-
initial that upon matter so important as that
DIV before us the public should be well inform
!. If we give full scope to law II remains
i'll to be asked whether the men who have
cen taken from beneath the protection Of our
az were liable TO seizure. They were not
Ulcers Of the army or Of the navy Of the Con-
.derate States. They were Diplomatic Enyoys,
anting only in some iOrmalites to DO Amtrs-
ndors to Enf land and France. We do not say
hat there Is any provision in the law Of nations
which will entitle us to maintain that their
ersons were sacred by reason of their mission
ut, on the other hand We are not aware Of any
uthority which will show that these Envoys
wore cOntraband Of war. III We hal recoe.
lized the Confederate States we apprehend that
ve should have been perfectly justified in
akiLg these Ambassadors on DO, I'd our own
essels OF war and bringing them to England
without in any way ioffeiting our character
IS neutrals. But, even il il were necessary to
Omit that hose gentlemen were in a beligoreut
n contraband character on board the English
'esstl, it is, we believe, the opinion of very
ninent jurists that this was not question to
e adjudicated on by naval officer and four
oats crews. The legal course would have
cen TO take the ship itself into port and to ask
Or her condemnation, or for the condemnation |
f the passengers, in Court OF Admiralty. The |
esult might, no doubt, have been tho same, |
'ut ii the proceeding was irregular we have
nrely a right to demand that these prisoners |
hall be restored. |
When such tremendous interests are at stake |
70 feel deeply the responsibility of discussing a
question like this. Our first duty is 10 claim
ertainly not TO infame--tho general indgna.
ion which will be felt in those islands as the |
Jews Is told We cannot yet believe, although
he evidence Is strong, that II is tho fixed do
srmination Of the Government of the northern
tates TO force quarrel upoa the Powers Of
Europe. We hepe, therefore that our people
will not meet this provocation with an outburst
of passion, or rush TO resentment without full
Of all the bearings Of the case.
Indignation Meeting &c. in Liv-
erpool.