Daily Richmond Whig. [volume] (Richmond, Va.) 1861-1862, 1861-12-04


The Federal Government well understood this remedy
thus prescribed By the law and has had its ministers
resident at every court of Elrope, with instructions to
prevent, not only plotting behalf Of our ministers,
but employing all their skill to prejudice the interests OF
the Confederate Saes. The supposidon that AessTs.
Sidel aud Mason woui probably consult with the two
or TIRES commissioners we already have there to
sent in twenty courts and the inference therefore,
tina; it unlawful for neutral vessel, and common
carrier to Acord to them passage is too shallow to re-
quire refuta,iOn.
1t Is needless preceed further with the analysis Of
this curious phenomenon in dAlectcs 1t is in short,
but an adroit assumption of the fact. that these com.
missioners or their supposed instructions, hos
ls dlplicbes" within the Specification of this term
poyed in the law of nations Bu. the shallow art with
which this assumption is made deprves It Of all rgh: to
credit and the books OF the law prove that it is unqls
hsdly false
And to this may BE- ad led the fact that the vessel
not arrested her dek invaded for the purpose OF
ercsping hostile dispatches but in truth for the cap
turo of the Confederate minister's and the consignment
Of them to the Bssls With Mr. FAulkuer the miOistsr
OF the Federal Government, his return from his MS
sion OIL its behalf-on the charge Of treason.
Tho writer then proceeds with another citation from
Mr Chitty, and application Of it. which is simply
ridiculous:
'Hr Chitiy contiuuea-
'Tho strict rule of tho law Of nations originally was
that in Of conrlbapd the ship should be confs.
Gated, as well as the cargo"
Ca this text the Herald SAYS:
we have no doubt, that 10 this case the captain Of
the Trent having fol- knowedge before he left Havana
and having refused the demand Of a simple messenger
from tie San Jlcno that they should be delivered up,
made bis ship rep,usibe for the violation Of neutrality,
and that Commodore Wilkes would have been as fully
justified We believe he is, in acting as he did"
Now, who ever heard that the carrying of civil off,
Ger of Of the begsrsnts to the port of neutral
Power neutral vessel within the law of nations
against tho transportation to beligsrsnt port of con.
traband OF wary
There SCENE to have been strange oversight COM
mited bv the Herald Of of the essential constituents
Of the fence OF carrying contrlband articles aui intel
lgence, and this seems to have been committed
by many other writer's In support of the aggression.
Il is ESSENTIAL in every CASE tina. the thing whether
person or intelligence is carried directly indirectly
another port OF the belligerent Power. Whtnce
Il Is carried Ia generally immatersl, but II must in
every case be carried to the beigerent 80 that he may
have o benefit Of t. The carrying OF such things out
Of the bcllgerent country neutral country Power
might jrriously effect the belgerent from which IL was
c.rr;ed but Il nis supposed BY the international Law
20 be fer their advantage in military operations. And
we fy the production Of any 10 which the trans
portstior Of such things from the belgerent to reu.
trail country hes been held as volave Of the begeent
righu Of is enemy.
II is therefore supposed that there no block
cargo Of Cors revolvers and Arkansas Bowie Knives
any intelligence legally Obtained might now bo law.
fully shipped either from Richmond, or Washington ard
transported neutral vessel and sold and delivered
in market overt in London or Paris We Of course do
not mean that such shpen. London or Paris with
The view to reshpmsnt bs ok to the enemy Neither the
law Of nstons any other Law will allow ts provision
to be eyadod by any such circuitous operation.
The Herald proceeds:
"Agan Mr. Chitty says Equally in.olerable Is the
transportation OF private en-, officers Of the enemy
aud these aois beng brought to light there can remain
20 doubt respecting the uuarness of the specific trans.
iction'"
Ii plain from the context and subject matter that
the private "men and officers OF the enemy" here
meant are soldiers and military ofcers 1t is there.
fore difficult to imagine for what purpose the citation
was made uuess to deceive, and il this ia now brough.
gh bere bo 10 doubt of the unfairness of this
spc.f," quotation.
fhe learned Herald subsequently supports Mr.. Chitty
bt quotations from Philmore vsttc, chancellor Kent
and Wheaton International law But not one of bis
quotations favor in the least the construction given by
him to his qlotstions from Chay. On the contrary,
prove its contradictory. 1t Is palpable that the dis.
plttes here meant b. all these authors are all as VIC
have before said dispatches in relation to military als
fronone post OF the enemy TO another post and do no,
extad TO any dispatch to neutral power, noxise aid
ing the war We will therefore, set out so much Of
thes quotations relate to the point Immediately be-
forcrs.
he clse Of the next quotation Is another curiosity in
theproducion of our author We will give bis own
wois: " Let us now hear from Mr. Piil imore. .
Hehys in his commentary On international law, that Il
ia onpstent in belgercnt ship to stop the ambassador
of i enemy on his passage, (page SOs)."
te havO not found the passage in Mr.. Phimore. Il
is bt on tho pige cted bat we id it ia Mr.. Wild
mis- work. and It may be taken that it is in ell the
hot The meauiug of se author is palpably that /. Il
coteteat to 4 beligerent to stop the ambassador OF
hnemy to the court of The belligerent and thus re
ft to receive him Thus any sensible man would un.
dAsud it. without resort to the context Blu. the
! sei from Whitman is conclusive
is thus: "You may atop the Ambassador Of your
erny on bic passage, but when he has arrived and
tssn uoon himself the functions of his oce, and fss
bn admitted IN lis representative character be be-
hss cnhsd to particular privileges, set apart f,r The
6ceeon of the relations OF am;ty ana peace, in n.iu-
ains which all nations in degree intere. tsd
IA; the Herald qn9es the passage to prove that you
bag stop tho smaAaldOr Of the enemy on hs ps 'sage
b the c9uEt Of naars pover, and that to sccom piss
is y,- arrest rho vessi Of any neutral power, ic-
yade ts deckou the high s.es sad take thereffom the
smbosaadOr 1: were iding to waste more time u,h
a failaey.
The Herald proceeds with It's quotation f;on Mr. Phi.
llrore.
oa p,gc $40 he Gays:
"seclOn 273. Official communications from an cIici-
al on the t rs Of the begeren government are such