The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1861-12-13
THE REBEL STEAMSHIP NASHVILLE.

me Ws0EL OILAMSntP NASHVILLE
The Crew or tho Harvey Birch .crt -
London-x,npt. Nelson Refused . War.
rant to Search the Nashvillc--Yancey
Reports that tho British Governments
Recognizes Her as . National Ship.
Ssc., &c., &c.
In accordance with request received from Captain
Nelson, who had previously gone to london, the whole
Of tho Of the Harvey Birch up 70 London
on Saturday the 23a ul Captain Nelson had reu-aed 70
Southampton business connected with the capture Of
hts vessel, the nature Of which has publcly trans
pred.
The London Times Southampton correspondent saws
fupc curiosity still remains unsasfed to the
OF this ship tho Intentions Of the British
IN relation 70 the q'essn All that can be stated
at her berth IN the dock with her Confederate flag and
rennan floating suggishly ship board Of whch
al appears as quiet as tn grave and steps have
been taken towards repairing her shattered xes
or shipping any stores.
THE SEARCH WARRANT REFUSED,
From the Lond Times, Nov PSI
Yesterday letcr addressed from the Foreign on
ice by Mr. layard under the Authority OF Earl Russell
to Messrs Gverson Lavie and Peachey Of Fredericks
tain Nelson lately commanding ths ship Harvey Birch
IN an application which made in his behalf iirst to
the Lord Mayor at The Mansion House, ard then tho
local magistrates at southampton, for warrant to
search the steamer Nashvcr certain property alleged
to belong 10 him or the Of the Harvey Birch. 1t
magistrates declined to interfere in tho way suggested
on the Part II Captain Neson unless with the sanction
OF tho Secretary Of State for Foreign Aails Thor
deeis on was immediately teegraihed to London, and
III tho of tho afternoon letter to
Lord Russell at the Foreign once by the above named
solicitors requesting his 10 dshp authorize tho local
mas istrates to issue warrant FOR service
upon Captain Pegrim, commanding the Nashville, calling
upon hn by The production OF the authority under which
he acts, to show cause why he should deliver up
CAPTAIN Nelson the property in question: viii is alleged
10 DO detained on board the Ma hvc The applcation to
tha
Know ledge and sanction Of sr AdIus, the American Mi
Mister aud on tho recommendation OF two eminent
sel-one or them at the equity bar the other practising
the Court OF Admiralty Its real motive is believed
have been, not so much to the chrononetor
barometer and other things belonging to the
OF the Harvey Birch to by search whether
there any circumstances tho characte the Nash
which to apply the principles Of International law or
TO ground an infringement of the Foreign Enlistment act
or Of the Queens p exclamation Be that it may the
letter Of Mr. layatd is TO the effect that Lord Russell had
directed him to state that he has pocer 10 gic uAo-
'ty 10 die r,ag,,hdies either to any sammons
scdrant, 10 do abstain fran dong any hing in
sld 10 he mailer question, and ot his lo,dhip must
TIN fare decline to interfere ia H. SO the question rests
for tho present tain Nelson is to have lost
money property TO the amount of about f00 by the
destruction Of the ship he commanded and exact
y known whether tho vessel herself insured against
tho war risk.
cArTAIs NELSON IN COURT AT SOUTHAMPTON.
southampton Nov. 25 Correspondent OF London Tilnesl
nection with this made to tho borough mags
traes, sitting in petty sessions at tho Gulihs this
morning.
The magistrates the bench wee Captain Eng.edus
Cwho acted as chairman in the absence of tho Mayor
who hal gone to London on pubic busness), Colonel
Captain Nelson, Of the ate Harvey Birch who was ao
omlaned by Mr Pearccy, Jr, of tbs firm OF Diversion
Lane Poarcey solicitors, OF London applied for arch
warrant with the view OF recovering from the Nashville
steamer his chronometer, barometer, ard ships pa
pers,. which were taken on board that vessel
Ship was set on fire. Previous to the formal ap-
picaticn being made Mr. Pearccy handed TO the Chair
man otter from the Lord Mayer Of London stating that
similar application had been maic to him the Man
sion House, but that he had thought bis duty pss
the matter over 70 the authorities at Southampton at
which port the Nashville had called and still nod
His ordshp Informed Captain Nelson that had tho Nash
vile been lying in any OF the london docks he should
have granted the application.
Mr.. Pearc " Tho captain questioned the legality q
The commission under which Captain Pegran the COM
mandeT Of the Nashville, had acted.
Tie Cho1ad s1id h had the commission tohicA
as that Of 'icptsnant IN The aary, and II oas quite
Tect.
Mr.. J. 6. Edrdgc the magistrates clerk pointed out
tiata warrant could only be granted in case where
goods supposed to be kept from fe.cn.ous intent
The chairman said the applicant hno rey 'ce luha s
Ncs'ie was whsa he hofsd The federal flag ~ toa,d his
ship
Captain Nelson admitted this to be true.
Thu chairman said ii recognized fact that an
1rasi had RIGHT 10 1,x aahag he chose ua,ier ~ CIR
cnsdfcss ere5 this After very brief con-
verson between tho parties the whole proceedings not
occupy ing many mtts the chairman said that tho
gistraics unanimously OF opinion that tie apli
cation could not he granted, and Captain Nelson was re-
fcried 10 the Secretary of State.
THE REBELS STAND on THEIR DIGNITY AND NATIONAL
IMPORTANCE.
70 EuGoa LONDON HERALD.
Will yoa pardon me for making few comments upon
Your editorial in Saturdays HIad, on the NASHVILLE In
the fret place. you assumption that the Nashville, Ga
Confederate ehp-of-war comes here for the express
ruriase Of bringing over an envoy from North
government, Of country is entirely erroneous.
She did not come for that purpose, nor is Cotnei
Peyton "au envoy this government In the second
,iuc nj ION
control Of the Nashville md uaad her for the purpose
q destroying enemys ships, ia equally erroneous COL
tesy having authority on hoard. In the third place.
you pronounce the capture and burning Of the Harvey
! Birch . eccentrci.y ''' a very wanton way OF
making war hot justifabls BY the usagos of civilized
war.
Please to renec, that The aim of civilized war is to
destroy tie armed enemy and niet injury upon his re-
sources Peasef search English hso,gfor he sinl'ng
and burning, az spe! enemys ressc's, tfh d'mm om1
aadrn3, aid Ae bpynia9T cacn'y's eilageS That his
tory will furnish abundant rccedents for The case oil the
Harvey Birch
ewantopu though strictly legal But IL uscl in
this casef Cea ~ not because hno ship OF 500 tons
burd, m valued 1t G2oo00, valuable to the enemy
either as ,ranspor. or as keeping up its lis
obstruction in this purely matter for the cap
Tor TO consider u was biz property by the law Of war
with In this he twenty days from his
ports They, too, were blocladed He was within two
days of English and French ports-neutra ports. But
those ports closed by proclamation against his
prize. He was therefore, cosnpelcd aganst his own
q
nave her He chose destroy her, Who lost by that
o,era,iorY No ono but tho Confederate government,
whose property she was Why then, should either Yam
kee ar Ensshnan ccnpaini
Tappreena fkot he .omHsn,ea Of bHraiag and des
fyogig Is not 50 an tia.ili u Ia E,iisa foDer hot
,tci,ai Of he nsTs Of tie Eeray Birch ,ctH call up "sa
~ tears 3, Engtist cges
Neither the Nashville tho Confederate government
are bcggars ior assistance IN Europe. They bnn CAIN
under the law az nations certain states he and no
more Nations in certain degree dependent on each
other: and perhaps i yH DC fund that hs Ctnfeis,o
States ite depncs fi aere fcco a. cxg M cas-
Po,c,r oa ne goje. ooNr ei'fhAih- j
CAN TIE NASHVILLE EEFsr IN AN ENC idsH PORT!
Trrom tba London Globe, Nov. 20
Az sons doubts appear To prevail fespesg inc Course
elv "a be olopted with reference to she Confederate
.hin NASHVILLE nov lying the South 2aPon decks, u
may he well 70 point hat the law provides for he
cass 9th spc ent clenrness To prevent any eompca
lion Xader ux f,rsigs Enlistment Act 40 vessel ca
D. ,ossi,nctsl Or fact, ont as s,sp o. csr an hi
r,,,,.ru ,yna0xt the 9sfntSfon oy the Crarn. AL
ran..inr for rarposcs II is irsluded ~ The prohi
hs,sn The moment the Nashville attempted 10 do So thu
c,.son,s officers she discharged t!Ar ordinary d
,a.. woua take ceenzance Of the attonapt and Il u
ION from tle shrwn would at onc1
take stem, prevent IT, uudss Ordinary circumstance
ans Is not unreipsaty givsn but regard
snus bSpngipg 70 the ieters goverx9ent, the Ger
TO- crate states the prVapstion of neutrality wond
coui g. psever. the giving to eitler party IA
! facility for making spon the other, aud she IA
wou,d be streuy applrL As hars seia tie Fresa
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