The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1861-11-18

character OF these men, and having refused the ueaho
Of simple messenger from tho San Jacinto that they
should be delivered up made his ship responsible for tho
violation of neutrality and that Commodore Wilkes would
have been fully justified in seizng the Trent as prize
we believe he is In acting as he has DONE
Again, Mr.. Chtty says
Equally intolerable is the employment Of neutral ship
as transport for the private men, or Tor tho ocers o.
tn, enemy Any one Of these acs penS X oruSsm osr
ness of that specific transaction. Upon the preak
ing out of warherc quotes sir William scott-it the
right OF neutrals to carry their accustomed trade with
the exception Of tho particular of trade to bockad
cd places in contraband articles I'm both which cases
their property liable to be condemned), and Of their
ships being liable 10 cisitdon and search in which case,
however, they entitled 10 freight and expenses
We know that government has at times protested
against tho right Of visitation and Search ana claimed
that under tho American tag vessel should be exempt
from such liabilities must be admitted, however,
that any such claim is on its face preposterous savers
and pirates might, II chased by British or French
cruiser hoist the American ensign, and thus secure inn
munity in their nefarous enterprises No good govern
could with and justice put forward and in
sist upon such absurdity TO apply the rule TO our
Selves would follow that If one Of our cruisers were
in hot chase Of the prvatcer Sumter and preparing
to give her broadsde all that she had to do was to host
the British French ensign, and sail of unmolesed
Tho very statement Of the proposition OF immunity from
visitation and search shows its prcposterousnees Ihc
rule is as Sir VIM. Scott lays It down, and as the
English government laid I down some few years
ago. that innocent vessels thus overhaued and retained
entitled freight and expenses And so 1t had so
that the Trent had any conrabands Of war
board in the shape OF rebel emssaries, our govern
would have been responsible for charges that
might be made account of her detention AS il IS her
owners may very thankful for her escaping with this
slight detention, instead of being, she might have
been, brought port and ccnscatcd as legal prize
for violation Of the neutrality laws.
And il only in the books Of pubcists and
in that the rule We have spoken Of s laid
down. but the attention Of the English people was called
that very point in the Queens proclamation Of nou
ality OF the 18th Of May last where, in enumerating
what would constitute violations Of neutrality, and
sub British subjects the forfeiture Of projections
she instances carrying officers, soldiers, dispatches
military stores materials any article articles
considered and deemed TO be conraband Of war accord
ing tile law modern usage OF nations.' Now, we
have shown that Mr. Chty describes the conveyance OF
hostile dispatches among contiaband matter and as
inf ntely beyond the ELECT Of any contaband that can
be conveyed There would, therefore, seem TO be no
question left the legality Of Commodore Wilkes act
The proclamation of the Qreen OF Spain embraces tho
same points, though even more explicitly. II says
The carrying of war material, Jdrers eonmunico
lions for The teiqeyen.s is forbidden. Offenders shall
be onsibe for their acts ara HLa have no lght 70
the protc cton OF my govcrninei
These circumstances prove beyond all question that the
carry ing of the rebel by the captain of the
Trent knowingly and wully, after full notice Of their
public character, violation OF the neutrality wh
ms government had prochnnea, ana aAouea soecht
ground for tic and conscaton Of his vessel
We donbt MT that under similar 9 the rebel
cruisers privatecrs might oyerha actain seize or
o,,nc,. ,ho In, sb a.. N l,,,,,, Io.t,, III f,, hes
r,t ,f
We nav, gi,,e, eo,,, II MI ,a,.. 4. ~ t.httC n,
rnu,;ab nnblc;st or ore, r-r,to Ala yre a-not ~
charged VIII, rivinp nm ani Foh yiev of ta 8 boot
lei "a now hear from M ph,l,mor. dyocate ~ her
Majesty in her oaco of A,rrot A. rudpa Of he cioto
Ports y In s,vs IL bts On international
Law y tnat IL ID cont eteef IL . nolwerca. Is 7tor ia
ambas of bis eu,n,y on bis ,a,,see ffnao aGs)
| ON nage 37o he saws
sec ora .On,cal co,rrpuncafovr rom IN official on
the al,ii of bcil ,ceni such despatch
@ es as mltss hostile ,,t'ct'f II i,o c.erso Oh snein
he csti,naeed mud cx.ra rr bvyond the effect Of any
ccnraband that be conveyed for it is manifest that
by the carriage Of such dispatches the mast important
operatons OF beiisefcnt army may DC io.wsrdec OF o
the article carried may DO material circumstance; but
the smallest despatch may to tbs fortunes a
war in favor OF particular beigeie el' Sec ga 1he
| penalty is conGscaton the ship which conveys the
| dispatches ard Of the cargon
cho,celIor Io,t IN snc,ring a. tho right of eaarcb
| NNA"oe''' A'''' = 'peN"'e = - - =.
says, IN M commentaries, volume ohe' page io4-
All writer's the law OF nations, and the highest
authorities acknowledge the right IN time of war, as
resting upon sound principles Of pablo Jurisprudence and
upon the Institutes and practice of all great maritime
Powers ami if, upon making the search the vessel DO
found empG ycd in the conrband trndc, in carrying
enemy property, troops dpntche' she Is liable 10
cont
| yatteI saws books ch A. sec 1or that the impar
,a,itv which neutral nation orrbt 10 observe between
tho hanicarn, ,ortice oo-ee.s r tv,o noints.1 IN
ivo ma assistance where there l. no neviope stimulation
| - III -, .,, . . :
70 EVe ~ hoi 'u'h'N'hy 70 nsh rools, arms ahiuu
milton, nor anything Of great use IN do not not
sov to oie nsi,a,,cc e,,nu, Int 10 or no ossis,onee
| - ,, !, -, ,.. .,.. o,,, s, !. ~,
ior !" "ouiu ~ tpu'u nA' 9'e s'ou'o asfSs ~ 'ie
came time two enemies And, bcsides i, would be i'm
nossiblc Ia do Il with ciuatv. the Same things tie ko
! ,ae..ao- ~. ,,,sa s. - ~. - ..,.. IL .,,
huiocr VI troops 'ie iiNc quA''y u - 'his' VI u'o7