Wilmington journal. [volume] (Wilmington, N.C.) 1844-1895, 1861-12-26
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carrying letters and passengers from Spanish to
England has been stopped on the high seas and over
hauled -Four of the passengers have been taken out
and carried off as prisoners claiming and vainy claim
ing they being fore away the protection Of
the flag of Great Britain These are the naked facts
X X
1t is then true that every officer of the American
Navy can stop aud overhaul ships wherever they
may be found, and can take out OF them any persons
whom he may claim to be citiz of the United States
or officer of the Confederate Government II
| to admit the Federal view OF their own position it
would be plain that such right exists.
| They tell US that they not at but are only
putting down rebellion. They say, said that ihey
are not blockading their ports but simply en-
forcing law which has closed the Southern ports as
ports of entry They insist upon putting their quarrel
upon the same ground if the Queen of England
| putting down rebellion in the Isle of Wight. Now
if this So it is clear that the Federal States of
America have in stopping our mail steamer been guilty
of act of aggression which could only be properly
punished by laying embargo on every American ship
IN British ports and sweeping their little navy from the
sea.
They would according that point of view not be at
and would have of the rights of belgerents
over neutrals. They would no be belligerents
than Eng land was after the celebrated Smith o. 'Bren
battle in the cabbage garden and they would have
right to stop ships and carry off passen
gers than should have had to stop French ship,
and take Mr.. Smith O'Bren out OF her. But this
sumption Of the Federal Government has been disal-
! lowed.
The world generally has refused to in this dsrup
ton, and reconstruction of the North American Re
| public mere rebellion. They have regarded both re-
pnbcs as belligerent States We declare neutrality
| between them as two warning powers. We note out a
precise degree of equal consideration for the ships of
Of each. In everything but supremacy
bear ourselves exactly equal between them Whenever
the Southern States shall have given proof of such sta
blity, may make it that they sustain their
independence, shall doubtless recognize them dipom
atically we already do de faCO.
Unwelcome as the truth may be, il is nevertheless
truth that have ourselves established system of in
ternatOnal law which no tells against u.s. In high
handed and almost desp0tic manner, have in former
days claimed privileges neutrals, which have at diff
| ferent times banded all the maratime powers Of the
world against Us. We have insisted upon stopping the
ships of of neutral nations aud taking British sub
ects out Of them and instance is given by Jeffer-
son in his memoirs, in which two nephews of Washing
ton impressed by cruisers they return
log from Europe, and placed common seamen under
the discipline of ships of war
We have always been the strenuous asserters of the
right of b1ligerents nuras and the decisions of
Courts OF law they must be cited by our law
officers, have been n confirmation OF these unreasonable
claims which have called into being COnie6erates and
armed neuralities against Us and which have always
been modified in practice when were not supreme in
our dominion at Owing TO these facts the author
tiles which nay be cited this question are too nu-
merous and too uniform the right OF search by belg-
eent shps0fwar neutral merchant vessels to be
| Inconsistent with amy and the law OF nations known
to the law OF nations" said Lord Stowel in the cele-
aed of Mara is the right OF personal visitation
and search to be exercised by those whO have inter
est in making it,
Again, Lord Stowel who Is the sorehouse OF all the
English law On this subject, says Be the ships the
cargoes and the destna ion what they may the right of
vsit and arch the inCOuttstib3 right OF the cu-
serS OF beiligerent nation. Ill they visited and
searched it does appear what the ships the des-
nation and 1t is for the purpose Of ascernng these
points that the necessity Of this right Of visitation and
search exists. his right is clear in principle that
no deny it who admits the rights OF maritime
capture; because II you not al liberty TO ascertain
by sufficient enquiry whether there is property that
be legally captured it is imposs bic to capture. The
many European treaties which this rignt, refer
to 1t lrecxls;ing aud mere regulate the ssy
OF it. All writers upon the law OF nations unan NOUS
! ly acknowledge it,"
The great American authority, Ken, treating upon
the same subject in his Common aries, says:
- The du OF sf-pres arval0n give TO Drlgereut
ti0ns the right The doctrine Of the English Admiralty
Courts the right of visitation aud search the
limitation OF the right has n ia lis u list
extent by the courts Of justice tdIs county
SO TAR as the autbonue3 20 he es Imouy O' EtergR
tional law writers is all one way, that bell war
cruiser has the right stop and visit aud any
merchant ship upon the high seas.
We do not say that there Is any provision IN the law
of nations which viii tnte 10 mnutaIn that their
persons sacred by ot ter mission Dut on
the other hand nOt aware OF any authority hch
will show that these envUys coutranaad OF war.
If we bad recognised the Confederate States ap-
prebend that should have been prrer1ly justified IN
taking these ambassadors board our own vessels OF
war and bringing them to England without in any way
forfeiting character neutras
But, even if it necessary 10 admit that these
gentlemen were in beligereut or cOnFabanl charac-
ter board the English vessel, it Is, believe, the
opinion of every eminent urst that this not ques-
tOn to be adjudlcated on by naval officer and four
boats The legal course would have ben to take
the ship itself into port, and to ask for condemna-
tOD for the condemnation OF TIE passengers, in
Court of Admiralty. The result might, no doubt have
been the same; but if the proceeding irregular we
have surely right to demand that these prisoners shall
be restored
When such tremendous interests are at stake we feel
deeply the responsibility Of discussing qrestion like
this Our first duty is to be calm, certainly not to in
fame the general Indignation which will be felt 10 these
islands as the news is tod We cannot yet believe al
though the evidence is strong, that it the fixed deter
minaon of the government Of the Northern States to
force quarrel upon the powers of Europe We hope
therefore, that people will EJECT this provocaton
with Outourst OF passion, rush to resentment
without full consideration of all the bearings of the case
On the other hand, we appeal to the reasonable men
of the Federal Staes-and they have some reasonable
men among them-not to provoke by such acts as
these 1t and always has been vain TO appeal to fools
and bygone authorities in Justification OF which ev-
cry Englishman and every Frenchman cannot but feel
O to be injurious and insulting.
Even Mr.. Seward himself must know that the voices
of these Southern Commissioners, sounding from the
captivity thousand times eloquent ia Lor
don and Paris than they would have been if they had
been heard at st James and the Tueries. Questions
OF this kind IN countries where the people exercise pow
er pass but too quickly out Of the hands OF Lawyers anC
statesmen, and give irresistible power to neither the
wisest nor the most peaceloving members of commu
: /, nifty.
FINDING THEIR LEvEL.-Mr. Lincoln, in bis lat
message recommends the recognition of Hayti and Libe