The New York herald., 1861-12-08
VIEW OF THE FORT FROM SEA.

and negatively If neutral-commerce Is favored ard
the dreadful evils produced BY reduced within The
narrowost bounds.
II began to be put In practice in the
early part OF tho eighteenth century Subsequent 10 the
treaty Of Utrecht, in l7i3, it became goacraiy in
corporated in conventional law it officially proclaim
cd by Prussia in 1753 and finally prevailed among all
tions except England from the French ordinance Of July
70, l11S and the Russian declaration Of 1880 The Anne
rcins at that time gave sll greater extension TO that
maxim their Commissioners at the Court Of franceBen-
jamjn Franklin ilas Dean and Arthur fcoin their cir
car Of l777 instructed the commanders Of armed
sells to apply IL wGhoot dtasntit, TO az hc pis H,y
might make ci,in sight Of neutral coasts See note 3, page
f23, vol ] OF ktnts Commcntaries.
AT length England herself, abandoning her anccnt pre-
tension, which til then she had held to with such tcnaci
ty gave her adhesion 10 that principle in the treaty Of
peace at Paris, in 1885, To which is xed the decara
tion OF 1854, containing amo others, tho following
worcs-aHer Majesty the Queen OF the United Kingdom
Of Great Britain aud Ireland TO preserve the Of
neatrai nations from all unnecessary annoyance aban
dons herewith a part Of the rights which belong
TO bclgcrenis by the law Of natioHs adding that pro-
petty of enemies which may be board merchant yes.
sells viii be respected, unless contraband Of war;
true @ at tho no, eG,ea S,es e@eteS part q tbs
Of prVatecrng II the principal Powers Of Europe said
the President 10 hs Message Congress of December
,oos, ,"t ~ :" ropoSc' as ruc oi hterhalioha
law, the declaration that private property the
was secure from capture whether by vessels or
pryaccrs the United States would accede Mt once and
with pleasure The principle laid down was, then also
recognized by them. Furthermore, IL was previously
assented 10 IN the treaty celebrated with Russia the
22d Of July, 1854 The first article OF which says Frce
vessels make FREQ merchandise that s the goods fncr
chandise which belong to sub citizens q Foreign
Power NJ war arc exempt from capture or coaiscaNon
when found on board ucAtrul vesso except articles con-
tfahand Of war;
Wen, then, Ii ii is already maxim of ternationa law,
recognized by all civilized nations, including England
which had before rejected IL, that the nag
the merchandise, II is clear that persons, beng
wortAy Of consideration and respect than things
should be- with SO much the greater feason aided and
protected by neutral tags The forcbie seizure or two
Of the passengers, who with their ctmes, travel
ling in the Trent must lie, thefsfosc con dered
fraction OF that principle and oence offered 10 tho
nation beneath whose protection they gong.
u may, perhaps be objected to us that those two
persons wo.c not ordinary ctZcus, since they
carried commission hostile to the government by
whose cruiser they taken. There is only one
exception 70 the rule previously estabshod-contra
band OF war; but tue things which constitute IL
clearly pointed out in international law, and are OF
such nature that they taken on board
ral vessel wthot the captain knowing they contra
band and conseatng contrary % the obligations which
neutrality impose upon hm--becnmng thus through
himself, responsible fof the coBseqnences. But how
could tho commander cf tho Trent ascertain whether
Mcssrs. Mason and Siidel two private gentlemen
wio with their wives and targhters, were gong to
Egroie, like the rest Of the passel gers commits
sioncrs from tho thefn coaiedo acy holding an Office
hostile TO the federal government In manner II
would be absurd tho laco Of IL qualify them as co
traband of war.
There Is, however, distinguished American writer,