New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1861-12-09

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Eat the absence Of positive prohibition imPes psus'ol
70 enter tho neutral ports for these pri poses
So that it would appear that BY the nbserce oil
positive prohibition both Nortn anu oou'n n'' az
anrel sort of vested right TO come into our ports
without prizes, and demand "dsyfum ana hop''
taity."
L. seems to be strange doctrine that quiet people
are he thus involved IN the quarrols OF 0cn2ereh4
1T The other ride Of the globe. When Heenan ana
Savers had made up their minds to bght, ana eaoil
went into training somewhere in England our police
exerted themselves to take them INTO custody ana
preserve our peace. But that il is according
10 the law OF nations for any two or more American
steamers TO come over here, 20 into training In our
ports and then sieam three miles from coast and
tight it out This, however, l. not the worst OF the
business the Confederaies in this az in other cases
seem 10 have kuack of eilectng what the Federais
only attempt. While the James Adger was only slls
pe,ted of design 10 wayidy ship carrying cOutra
band of war; the Nashville has actually captured and
burnt the Harvey Birch, and made prisoners OF her
crew. How are to perform all the duties OF
/ violence and protection which such guests impose
| We shall wait with some impaieace to have the law
OF nations, 80 far a. 1t rules ihee lneonYepient ysi-
tors expounded to us. 1t would be clearly to our
utere,t 10 keep them both out of our barbofs. IT,
however, we canno. DO this, we suppoee we must
let them both in alike, under pain OF forfeiture OF the
royal word If the lawyers should so decide, II viii
canse strange revolution IN the ideas oil the British
ten Mound householder, VINO mas tlNdN- lpDhtu upon
war AZ something terrible wbch takes place long
way of, lie will be able TO take return ticket to
! zee battles in The British Channel wherein he Is
bouud TO take only an impartial and humanitarian
! interest.
| From me LoadoE Star Not. %.
! Pirate or privateer, Confederate Ok cOr5air, the
steamer Nashville, now lying III Southampton waters,
| il "a hi4eous blenish upon Cur nineteenth century
ciyiliza ion. wild beast or bird Of prey is an
object Of dread but MOI of ab1orrenee. The Nash
vile i: both--s hoa,ing den Of brutalzed human
beings, makins destruction the immediate business
Of their lives-the destruction Of unnamed aud nn-
offending ships, carrying on peaceful iraitc upon
fhe coulhou highway Of nations. Il Capt. IegiaDi
holds q commission letter OF msrgue, the law Oh
as.ions-,o our shame be IL sad-wiil have nothing
TO cay to him; ba! the moral sense oil mankind WA
sill pronounce his achievement AN outrage on hh-
rpauifv Ii be do not carry either Of those C0cu-
ments the law Of England will adjudge him guilty.
OF Il very specific ofense, according % the ihcts
stated against LiOi-and remit blln 10 the a'no!les
of the matt ,n which be dsgr Ces, to be dealt WIN
according TO ils laws. Iu either case, we repeat,
| he has done a deed which should make the drs oil
all men to tingle and bring TO speedy conclusipn
the abominable system of making war at sea upon
the persons and property OF peaceful citizens.
4 Tie American ship Harvey Birch leh Hayre on
Saturday last for New-York, without a cargo. On
MONDAY her third day at seq, she was hailed by the
Eaehyille, paddle steamer, earring the Conied-
crate flag, and commanded BY Capt. Pegram, late
OF tie United Sale. Navy. When alongside, tho
Harvey Birch Wac boarded-her captain and crew
were transferred 10 tie Nashville aud put III irons
/ and tie ship burnt 10 the waters edge. Eulbar-
lassed probably, by his tweuty-nine prisoners,
whom he could not induce TO take an oatn OF alle-
liince to the Confederate Government, Capt re-
2ram made tor Southampton, and landed the cap.
tred seauen, who at once applied TO the United
States Consul. The result Of tbs application we
have not learned the time Of writing but Il must,
of course depend upon the possession or non-pos-
~, M apr1p ~ artlDFlfV on ha-
hals of tie Confederate Government. In any case,
we presume, Capt. Nelson's statement viii he an
tLen,icated by formal depo;i,ons and public opin-
ION VIII not be slow to pronounce upon tue act BY
4 which the appearance OF the Confederate lag ia
English waters has been signazed.
Il Nothing can be more baTbarous than the distinc-
ton recos ed By the usage of between private
property on Land and water. Except III the actual
presence of ;he enemy, In the case ola town taken
by storm, the houses and goods Of DOn-combstants
are respected IL is justly deemed an act OF wauton
cruelty 10 break into dwelling, or 10 fire hay
\ rick, except for purposes OF military strategy NO
donbt such acts are common and almost inevitable
Incidents Of a campaign. They were committed by
our own troops IL the CTimea, IN China, aud IN
India. 1.-THE spoils Of houses, museums, AID even
temples could be traced 10 their destination, we fear
! "A good MANY English families Woud have can,c 10
be ashanel. But the license OF war il one hing
| the laws Of war another. Commanders invariably
II buke these outrages ii they do not punish them;
and tue ultimate possessoEs Of the plunder excuse
Themselves for its possession by stories OF purchase
or discovery. /, would at any rate be deemed
INDUSTRIOUS atrocity for a civilized Government -
(" take, burn, destroy every builhng in their
| line OF march or throughout gwen territory. Yet
this j. the very letter Of the instructions given -
naval officers. They are hidden 70 ecize or slnk
every vessel carrying the enemys tag, 10 matter
what her size, character OF occupation. The richest
rnrgosy and the humhlest fishing smack ara alike
obnoxious To this horrible oictum; though the one
answers only 10 princely mansion ana the other 10
a pessants cottage. They are no more instruments
Of warfare than IL they were hauled ashore, q nd
embedded in the mud. There is exactly the same
difference bet ween ship-ol-war and merchant
ship between fortress and an unarmed dwelling.
battery isa battery WI ether ashore or aioat; and
is a lawful object of destruction, because designed
destroy. But honse is no less IA house for being
fitted with keel and rigging. IL is the occupation OF
the Inhabitants the shape Of the structure that
shon expose 10 or exempt from the liabilities Of
warfare.
These obviously just and humane considerations
were urged nj the Paris Congress Of 1856. They so
Tar prevailed that il agreed 10 recommend the
abandonment by all Powers OF the right 10 issue let
tiers of marQue. The United States Government re-
Piled that BY asserting TO this proposal they would
he placing their own extensive mercantile marine ut
the mercy OF Governments possessing far larger
armament. But they offered counter proposition,
equally in the interest Of all commercial nations
VIZ that private property ~ sea- not being confirm
band Of war, should be entirely exempt from cap
ture. No such comprehensive or humane idea had
ever einanated from European Government. Ii
was worthy rather of n Peace Congress than of a
ference OF diplomatiss. II would nave shorn Of
bali it, horrors, and have left exposed 10 the sword
only thOee who chOoee TO take the sword. IL was
welcomed by The Times, us an organ Of the COM
mercial classes, with prompt coriialty. The pro-
posa deserted in these perspcuous and foroible
words: {" IL is now a question tor the family of ma.
lions to decide whether cargo OF sugar the At
l.. Il ar.t Tho han
the warehouses Of captured port" But The Times
j. also The organ Of POLITICAL elique, under the in