Daily Richmond Whig. [volume] (Richmond, Va.) 1861-1862, 1861-11-30

u0lIgns,
is own councils and actions concerned will opp0s
them Aud il there should be private reason 10 suopos
that III co1fitncc in the good faith Of the Sat
hss doubtinlounda.op, that is mater for the csuor
oI Tue govIt mani TO be c0untsacted by just
OF preSs niive policy but II no ground on which tb.
Cont can pronounce that he nenal carrier has yolst
ed his duty by bearing dispatched which, as far as hs
cm kGos, may be presumed 10 be OF an nn7c ,nt I'D.
iGre AID ia the maintenance Of pacific conneonon.
Hs ID be considered, also, with regard 10 this ques
ton, what may be due TO the convenieIci OF the neutral
sate for ts interests may require that the
oil correspondence with the enemys country sLoald no,
DO 81 geber inerdcted Il might be thought TO anouu,
almost to declaration ths ambassador from the en-,
emy hhau not resiie Ia the neutral Ssate he u de.
70 bs dobsrred from the only means OF com NUM-
eating with his own. For to what u,eful purpose can
reside there wthou. the opportunities Of such com.
mpnicatiope "a TOO much 10 sGy that all tie 6siress
Of The tco Sds shall BE- transacted 6y the Minister OF
e netrdi Sats resident IN the snsats ee,.af,v The
practice OF nations has allowed to neutral States the
privilege Of receiving Ministers from the belgerent
States and The use and convenience Of immediate ne
gotition with them. 0ae material ground therefore,
10 wanting, on which the Judgment OF the Cour. pro.
cseded 10 the former cases. You may exercise your
right ef war sgalnst ambassadors wherever the char
acter Of hostility exists You may sop the ambassador
oil the enemy on his passage"
| at has been argued truly that
whatever the necessities OF tie negotiation n, " be-
private merchant under obligation to be the card
er OF the enemys dispatches TO his own Government
Certainly be Is rot and one iucoryenence 10 which he
may be held fairly su Is that OF having his vessel
brought ia for tx2miDaor and Of the necessary dsten
ton and expense He gives the captofJ an undeoabs
tight 10 ilcrcpi and examine the nature and contents
Of the papers which he is carrying for they may be pa
psrs OF IN ifous tsndencN although not SUCH on any
prior presumption ID subject the party who carries
them to the psnaty OF conascatios and by gviug the
clptors the right Of that Inquiry be must submit to all
| the iGconvenierce that may attend il"
Ol thtsa distinctions. thus clearly statea the c,urt
decided that the yesse which thus bore dsoaches from
the minister resident ia the neutral couauy 10 Lila Osn
governmsni, not scbjsc. to condemnation although
was not questioned that the master knew tic Dispatches
were on board .....l
Aud his decision 10 Was conclaiej By tue writer
in tho ChaTicaon Mercury" that the Government OF the
United States he'd the right 10 op the Ambassadors of
The Coledrlte States on hcis p2ssass from the port of
neutral State tO the court OF neutral Government
but ther1 WAS guch qu sou before the court. The
question vas Oh tho right OF bellgo:cnt 10 stop
vessel carving eesachcs from mins.er OF tho other
hslgcrCnt, his 'neny resident in neutral country 10
his osn government. And that question was oaly de-
cidei.
Tne wilCr in the Mercury" La7ng, as We have s,ld
overlooked bs fact, aod supposed lis contradictory,
wresis jhe wo-ia cf the Court and gives them e.ot
which could not ESye hSea Intended and which, indeed
ooul not be justified by their rr,per Specification The
Court doee eay, "iou may exercise your RICH. OF war
against anhas ldoFs wherever thc character OF hostility
exists; yol may sop the anhlssador of the ensmy on
his passsgo." BIT the Court must be understood as
having Ia view such cases only a3 were under is discus
sion. s.al rlif
5SThe rights OF may be exercised against ambsssa.
dora hut these Iighs 10 Do authorize 10 aisrsqaT
tho rights OF ncalrals. They h1vo tights well be.-
lawful to transport them to The he6rs t5dft
that f carried on bclgersnt vessel Of the Ambassador
no. together with the vessel mas be ell captured BY the
enemy according to the rights Of war, and tbs satisfies
What is said by the court bu. it does net follow that
such ambassador Of the begerent may cot be carried TO
the neutral court by aIy neutral vessel aad Il he may,
then the enemy Of biz goyrnmsnt has no right oEcoy
10 enter on such yissel and seZe ard carry him ch
l. Il net found that Yattl asssFts any such doetrns
The goodness Of heart manifested By this abba juist 10
all his pages had promoted 10 him IN ntudve sense Of
right which independent oil his profound learning, war
sufficient gusrd him against any such error nor Is It
believed that any respectable writer on international law
has ever committed such a blundhr.
Had Messrs Slde aud Mason been tue functionariej
of the Confederate Sate7 OF Court OF foreign neu'
trail rover and from there taDsmsd dispatches 70 the
Goycrnmen. at'Rchmond. or courier charged with
verbal communication such Dispatches courier might
have been lawfully captured on board neutral vessel
according 10 the opinion OF Sir William Scott. Ssch
iadesd would have bees in principle the case OF the
Csrone But has not been decided thai the ministers
,hemrcJrs might be lawfully captured on their voyage
either to or from such foreign Court on board neutral
vessel; and it il not Supposed any such decison ever
| viii be rcnisred in ckristendom.
Thu sssaptial lsiGniOn betEren these cases ard the
ease in discussion IL not already msnitest, nay be
shown in few vords and proved upon well established
| prioeiple1
posed tho d.plch courier between two or more
nos.s or distant nnctonaries OF the eamc begerent
government and constituted portion OF the operations
and means Of war against tbs enemy and sl those ope
ratous the other begeIent may lawfully oppose ana
a.pseouepl,y capture what is thus employed. Egery
such carving of dispatches courers, u rimd Jaee
for the benefit OF the military operations OF the plry
for which the service Is performed and may be prJud
cia to the opposite party and therefore stanss upoa he
came ground with the transportation OF regiment OF
troops Consequently, no neural nalsoh Cal P'oec' Tvs
| vessel in such an act.
Il fellows that the beigeTen whoss tghte oil war may
bo thereby affected has the right TO employ the means
necessary to prevent such opraiions aud may tnete
fore arrest aud upon tbs neutral vessel and sene
md osrry of ouch aspi.ch courier. without giving
apy us cause of complaint 20 the vessel or her govern
| ment
Ru. In ali these cases tho operation, including the
transmission OF tbe intelligence, ia whatever form
between e public uDcionaries OF dh.fent pos's Oh the
aane royerum,n without ssctng the perfect rights OF
any other nation or poopla. These interests may s is
,rne be affected but il is incidentally, or A. eonse
ausnce Of the exercise OF prerosaye and superior
right by the begerent and therefore only ddnnH'a
o5.n,e ;aiuria snd must lie submitted to and borne
Bat tho case before US is essentially different Here II
is the neutral nation which has the prrogave right
and consequently its exercise mas: be allowed, and the
dem,ge tho belkgerent thereby rs or may suppose
it suff RS is the damage Without injury. anu must DC
borne.
Neutral n,io1s all have the perfect rgh. oi con'laua
,on Of AZ eas their accustomed commercial and otner
intercourse with each Of the beigeren and
" right 10 send 10 aud receive from tnem
"a MAJ bs necessary As il was in fact in the case be-
ors us for these ministers TO be carried 10 vessels on The
b;eb seas. /, may be that the other begerent has
right to capture ministers VII conveyed on vessel Of
be other pary L. has the right to capture The vese o.
lf hut bis question was decided In the case OF
The C.ronp aud the discussion Of il here would ba not
foreign to our present purpose but utterly useless
The at Washington has violated 20 Iany % ,,
suppose case for discussion
Here, our Commissioners, tbs Ministers Of the oonied
.te states were passengers board neutral vessel
which had ssi.ed with them from neutral port, IN
colony of Spain and they bore eters Of credence 10
ir, Powers The right Of thee Powers 70 receive ana
.odt bem Il upouestionable and there ore the rgh;