Washington standard. [volume] (Olympia, Wash. Territory) 1860-1921, 1861-12-14

n ~ e Vun~ -
In sriziag The s<sel Co.,
N..oa and Siidcll asl Ss;aei.e -
To FORTRESS Nearoe, CspS. W..
seems TO have sroei euaisui1 N -
snce sith the ~ III Gsrue -:
claims, even ifi6 dAsa11 - insiuop1 -
the 81 was u ssuosuvunofsa "a -.
esise ef the CsjoDA &c. = t. -
jecf. Hthee pshsl Cun.isuiooem -
oas su1jsets, CT 1kes CO.
them . eooS Esel1k sssKss;ar. r
- has hees sfzAed, the neutrsl ve,..;
fioa which or seAellisos suAisr,s -
takea had beea e.e,gsd !. tr.s1ss.
lag arms, not dirsefly 70 osr esenvi
deed, but 10 . pisce coavesie.s fsr -
enemy to receive them, De &C..
made much stronger tos our 6ssu.
ment. Bot our en3ors~rnest q =.
seizure will rsuhsaly - - - =
higher crossed, so-vif: IL eearrsDw
of the cse. For tliis ws hnys . -
dent in Preach history. In lSel -.
l,oacos ssst 80 Owslr Gaeo 49,.
tory Of . neutE1l Gernaan SeuAs. -
seized the Duke D'Esghein, Prince =
Condo. on the esossd sAaf he Duk.
was shout 10 invsde France and i,eier
TO instruction. The very DIR IL
the arrest was made, NaI.oIcon al,o
sent a special Ambassadors 70 the Ger.
man Power whose neutral rights haa
been violated, with ample apology sest.
ing in extenuation the urgent neeessjtv
of the case. The Grand Duke accepAed
the apology, and D'Enghein was tsiea
convicted, aud shot.
As to the paper right of the seizure.
the following extracts from Kent On
american Lar, if not directly in point.
will have bearing. and will be read
with interest. Says Kent:
In order to enforce the rights of bel.
ligerent nations against the delinquen-
cies of neutrals, and to ascertain the
real as well as assumed character of Ill
vessels on the high seas, the law of NJ.
tons arms them with the practical
power of visitation and search. The
duty Of selfpreserAation gives to BEL
ligerent nations this right. It is found.
ed upon necessity, and is strictly and
exclusively war right, and does not
exist in time of peace, unless
conceded by treaty. All writers upon
the law Of nations, and the highest au-
thoritics, acknowledge the right ia
time of war as resting on sound prin-
ciples neutrality-suspicious., and upon
the institutes and practices of all great
maritime powers. And if, upon max.
ing the search, the vessel be found EN-.
ployed in contraband trade, or in car.
rying encmy's property, or. troops, or
dispatches, she is liable to be taken and
brought in for adjudication before y
prize court.
Neutral nations have frequently been
disposed to question and resist the ex.
ercise of this right. This was particu.
|arly the case with the Baltic c0nfeder.
hey during the American war. Tho
light of search was denied, and the flag
Of the State was declared to be q sub
stitute for all documentary and other
proof, and to exclude all right Of search.
Those powers armed for the purpose
Of defending their neutral pretcnsions;
and England did not hesitate to con.
slider it as an attempt to Introduce BY
force q new code Of maritime law in.
consistent with her belligerent, rights
and hostile to her interests, which
would go to extinguish the right Of
maritime capture. The attempt was
speedily frustrated and abandoned, and
The right of search has since that time
been considered incontrovertib!c.- Vol
|, PIP. 158 4 159. ss''l' s .''i,'''s III z'I
The British Government disclaim tho
right of search in time Of peace, but
they claim at all times the right Of ri.it
= But the Government Of the
United States do not admit the distinc-
ton, between the right Of visitation
and the right ofsearch. aN0ts {, p 49,
The Government Of the United
States admits the right Of visitation and
search by belligerent government "
sells Of their private merchant veasel4
for enemy's property. aftacles ccntn.
baud Of war, or men IN tie land -
naval service Of the enemy. But Z
docs not understand the INV q ustisss
to authorize, and does not tdmit -
right Of search for su4iee1s q seaneG
England, on the other Hard, aeshA
right to took tor her ssGeels o. -
hieh seas into whatever oo1ecs q!
might wander, and win - 100000
4. Il M cse ptDdPa -
Of the w,f 81 1914 81 Fsoni.s sssse'
tied to this dag.-NskAR la