Nashville union and American. [volume] (Nashville, Tenn.) 1853-1862, 1861-05-26

sions of the foreign enlistment act tor any subject
of her majesty TO serve on board any privateer IL
eensed by the person assuming, as President of the
Southern Confederacy. TO exercise power over a
part of the United States for any person within
her majesty sdominons to assist in the equipment of
such privateer; and, If so. whether ne would take
measures to prevent the infringement of the law.
either by her majesty subject by any agents Of
the Southern Ccnfederacy who are now in England,
and also, whether any such privateer, equipped in
part other majestys dominions, would not be liable
toforfeiture.
Sir G. Lewis sid her najestys government had it
in contemplation to issue proclamation for The par
pose of cdlfionno al her Mdestys subjects cirespec
to their indfersn IN the hostiles sohich had Gs7
betlDsea the Northern and Southern States Of A1ercd
In that proclamation the general effect of the COM
mon and statute law the subject would be stated
The general principles of law were that no sub
jecS of her majesty should take part in enter the
service of any foreign prince or power engaged IN
any host lities which might exist between such pow
ers. With regard 70 the precise effect of the for
eign enlistment act it not for him to express an
opinion, as it matter of official construction,
and any gentlemen might form his opinion with re-
spect to the effect of any statutes but the govern
ment had to consider their bearing on any actual
cNse which might arise but with respect TO the gen.
erhl bearings of the law, they woald state their
views in the proclamation.
blockade of the Southern Ports-South.
ern Prsvateers.
From the London mes, May7
The call for an immediate blockade of the whole
Southern coast has been so violent and so universal
in New York, that we must assume that it will be
the first attempt theoretically made by the North
ern States 1t is TO their evident interest that it
should be So The existence of New York depends
upon this war being Short sharp and successful
The New York people are, as regards the cotton
growers, masters resisting revolt of their slaves
creditors srresting the escape Of their debtors.
ders dreadng the departure of their customers.
We may depend upon it that they will not cease to
cry aloud for strong measures, and especially for
measures at sea, and a complete sealing up of the
Southerl coast The coast of the Confederate
states will be the Northern States of the Allan
tic what the coast of Africa to Great Britain.
Cotton will be to the New Workers what negroes
were to US. The great object we had in view was
to prevent the human commodity from being ex-
ported from Africa the great object they will
have in view will be to prevent cotton from being
exported from America. But what was It which
parayze I'll our efforts towards our end7 What was
1t viii, compelled our cruiser TO lookkon inactive
while savers vera shooting across our bows! It
was the sanctity claimed for that star spangled
banner" 1t was the claim put forward by the Uni
ted States to resist not only the right OF search put
also right of visit, in the case of vessel which
chose TO hoist the American flag. This instance Of
the Americans caused principle favorable to plra-
cy 10 become part of the MarAtlme Law of the
world. By that law the American marine must
now be ruled. The merchant ships which will
trade between Europe and the Confederated States
nave only 10 MOIST an G40gllSu Ut EFt0Cu AdSs anu
the great steamers of the United states navy
must in obedience to the law their own Govern
ment has in other cases enforced, allow them TO
pass Their holds may be full of wsrlike mate
rials, they may be crammed with the Armstrong
guns now being bought up at Liverpool, but II the
tricoor is flying at the gen. the Minnesota cannot
fire shot bring of these vessels TO az sea
without the peril Of war with France The Anne
ricans have fixed this law which was before their
time loose and floating and underlined and they will
It will if we mistake not, greatly modify the ad
yantages which the North might reasonably expect
20 obtain from their possession of regular navy.
We alluded yesterday TO the strange results of
that left handed wisdom which prompted the Uni>
ted States TO refuse the proposition OF the great
Powers of Europe to abolish privateering in time
of war. Never was a Nemesis more swift. Mr..
Crawford in the House of Commons last night.
stated that intelligence has been received of priva-
teers having already left the ports Of the Southern
States, and preying at this moment upon the COM
MERGE of the North Lord John RUSSELL in his
ply TO question as to the Legality of the commits
sons under which these vessels sailing, cay
nothing to encourage the merchants of New York
in their doctrine that the proceedings of these cruz
sers are piraticsl because the Government from
which they hold their commissions has at present no
recognized existence the Executive Government of
n nation. The precedent cited by the Foreign Secre-
tary is, think, strictly in point and the doctrine
laid down in the Instructions given to Sir StratfOTd
Canning is good public law. y hen the Greeks were
in revolt they covered the 1Eyan with cruisers.
which made prize of Turkish ships under authori-
~ of Letters of MarQue issued by the Provisional
Government of Greece. The British Government
recognized these commissions, an the Turks remOn-
strated that to 'subjugate in rebellion national
character could properly belong, Lord John Russell
does Eot stop consider the distinction between sub
iects in rebellion against Sovereign to whom they
had for many centuries paid allegiance and censtltu
ted States retiring from voluntary CInfederacyfOr
not necessary fer his purpose thus TO stregth
en- The case. Admitting for the sake of argument,
that the circumstances IDENTICAL he shows that,
eUsn If the Southern States should be considered to be
in The condition of rebels is in accordance uoih the
l1o OF nations that should recognize their authority
10 place cruisers upon the high seas The decision
of the British Government upon the occasion to
which Lord John Russell refers was that the char
aCter of belligerent is not much principle as
fact and certain degree of force and consistency
acquired by any of population engaged in war,
entities that TO be treated as belgerent" Act
ing upon this precedent and upon the principles it
recognized Lord John Russell and his advisers have
came to the conclusion that the Southern Confeder
acy of America must be treated as belligerent"
This is ueTy grdUe decision, and must haze great
Influence upon Tie ,tiCt nOI9 commencing; bus we
cannot see any possibility OF dsputing it, sound
ness. Upon the other matter of levying duties at
sea there is much more room for argument Our
own statute-boOk will afford some rather curious
precedents upon this very subject; but We believe
that no such rights had ever been conceded even
Claimed DIV power WOOSe uOIntulOu HAS uS fuCtO
ceased upon the shore. The maritime law of ma
tions therefore, would seem to be adverse TO the
Northern States and favorable rather to the posi-
ton of the Southern Confederacy. AS the United
States insist that they not at war; but are only
putting down rebellion it would appear that they
have not that right of search or visit which has
been sometimes conceded IN time of war; as they
are not in possession of the Southern coast, they
cannot claim dominion over much Of the sea as
may be appurtenant to the coast; and as their ad-
,f har
certain degree of force and consistency and en-
gagged in war" The cruisers Of the Confederate States
70 H. subject TO dny ficuHies a1hch may arise out OF
the treaty of Paris be recognized by the GOVERNMENTS
and courts OF ld1o of foreign ndtaS. All these and
other kindred questions which must unavoidably
arise if this civil proceeds must be turned over
and over many times. both by diplomatsts and law
yers. We have only attempted TO FRAY the
aspects in which they at this early period present
themselves.
American BeIlIgerents and NeutralS
The London Post shows that there are American
nrccedents for the conclusion the British govern
ment has come to of treating the Southern States
As belligerents. During the continuance Of the
civil war between Spain and her colonies, and pre-
vious to the acknowledgment of the independence
of the latter By the mother country, the federal
government at Washington decided that the colonies
were bellgerent natio IS, and entitled 10 all the
sovereign rights of war against the enemy. This
doctrine the United States have adopted for their
first constitution: but belligerent rights carry with
them corresponding obligations. Bockades must
be efectual, and privateers must be lawfully COM
missioned. A blockade by letters of maTque,
though novel, would be quite efiectual block
ade by regular men-ot-war; and the Northern
States with their powerful commercial marine,
could easily blockade all the Gulf ports. In tue
meantime the American rule. that the flag covers
the cargo will give comparative immunity to Brit
ish and other foreign commerce.
From the Manchester Guardian, May 2.
Some regret has naturally been caused by Lord
John Russel's announcement of the determination
of the English Government TO recognize the South
ern States of America as the possessOrs of indie
pendent belligerent rights. The decision is GER
tainly point in favor of the rebels; and of in
clinaton to go out of the way for TIE purpose of
avoring them there is less than Of almost any other
feeling that could he named. But little reflection
will show that no other course is open to US, with
out manifestng preposssession for one of the par
ties to this unhappy quarrel, which would be of
little practical advantage TO the object OF our pre-
ference while il surrounded our position with
embarrassment and danger. The impartial rule |
that we have laid down tor ourselves in matters of
this kind is to recognize facts they are; and it
a very unuuestionable and substantial fact that the
southern section of the American republic has de- |