The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1861-12-09

,eigerct ,ohh IS not equally and as readily offended %
THE LAW or MARINE REPRIsALs AT THE CONGRESS
OF PARIs--cAPTAIN PEGRAM AS COMMISSIONED
OFFICER MUST GO FREE.
From the London Star, Nov. 221
Nothing can be barbarous than the distinction re-
cognzed by the usage OF between private property
land and on water Except in tho actual presence Of the
enemy, or in the case of town taken by storm tho
houses and goods Of combaants respected. II is
Justly deemed act Of wanton cruelty to break into
dwelling fire hayrck except for purposes of mill
tary strategy No doubt such acts common and al
most inevitable incidents of campa gu. They
united by cur o,on troops in The Crea IN China and in
India If tho spoils Of houses, M seuns and oven
temples could be traced to thor destinations wo fear
good many English families would nave cause TO
BIO ashamed. But the license OF war Is one
thirg-the laws Of war another. There Is exactly the
Same difference between shp-ofwar and merchant
ship Is between fortress and an una med dwelling
battery is battery whether ashore or anoat and ~
lawful object Of destruction because designed to destroy
But house is no less house ioe being fitted with keel
and rigging II is Tho patton OF the Inhabitants not
the hae Of the structure that should expose TO or OK
emlt from the liabilities of warfare.
These obviously just and humane considerations were
urged the Paris Congress 1856 They far prevailed
that ii agreed to recommend the abandonment by all
Powers Of the right to issue letters Of marque. Tho
United States replied that by asserting to this
proposal they would be placing their own extensive mer
camille marine at the mercy OF governments possessing
far larger armament But they offered counter prop 81
ton equally in the interest of all numerical nations-viz
that private property at not being contraband OF
war, should be entirely exempt from capture NO such
comprehensive humane idea had ersr endndted from
Eopron government aoorthy rather, Of Peace Con
qress Than Of conference Of dplomatiss HWod haze sho'n
lsay Of hyT is horrors hare tt exposed the s,oord
NH hose ao Choose 10 take he soor 1t was welcomed
b. the Times, an organ of the commercial classes with
prompt cordially The proposal was described IN these
perspcuous and forcibe words" ia question
FOR the family Of nations decide whether cargo OF
on the Atlantic as sacred as the Same article
when stored in the warehouses of a captured port
mdr the Influence Of Which Il soon decaded in he
negative tho a. estiOn ii had stated in shape to
command the assent Of every reasonable being Acting
in secresy and its irresponsible cap,ices, The
goucswme Lord Panerston refused he1rposition submit
It'd 20 Il bv TIE American Minister The opinion OF the other
European Powers such question was comparatively
unlmportant Pvatecring Is therefore, still permttc
by the law Of nations, aud private property still exposed
10 capture destruction tho open But for this
| gross abnse OF its executive powers by the British
governments the crew the Harvey Birch would have
been as safe under the flag the United under
the flag Of France of Great Britain. Commander re
arim would have had no shadow OF authority for the
pursuit Of his rufany vocation The atroCity Of which
he stated have been guilty would have been as much
a violation Of public law as Of public morals, and he
| to the jungle. We hardly hope that the United
stat $ government would be willing to reopen,
| while at actual war, the question which SO
huntly closed by Cabinet under very different
instances The MARTINI superiority Of the North Is
making itself fel Tho Nashville will not find IT 50
easy re- ncr New Orleans, any other Confederate
port TO make her exit thence The federal cruisers
may bo vgilant enough to avenge the barbarity they
failed to prevent. But government has i,
its hands the means Of revoking its wicked blunder
Let Captain Peg bo made to answer Tor his wanor
e the Harvey y, b1h eSm %e % :.
him 90 since zoe have recognized he tegrent rights Of
,mpeyers But il he has no better authority for hi
pirate exploit than the flag that represents rebellion
savery-a compound most strange and unnatural-e
him be delivered up to the United States Consul to de
fcnd he may deed which nothing in law, authorit.
usage can morally justify.
CAN CAPTAIN PEGRAM's ACT DE DEFENDED!
From the London Mercantile and Shipping Gazette
Nov %.
We have already the lieutcnant's commission is
sred by tho Southern President to Captain Pegam capt
Nelson informs his protest that no learned Will
| on
not httod out in all respects vessel thai she
on Special mission % England, and under ne eonlmdn
ceeded from tho Coederate government land the ohoer
in command could only have derived their authort
from the II will, we apprehend be dill
Ncu show that the Nashville, although employed OF
special service was not to all inenis and purposes al
federate Statos and that her commando, had not dis
cyetsm. .chi he used as zoe hare seen, in he case Of n
Harry Birh We do not shy that the destruction Of
valuable ship is not matter to be dcplcred, bit how fa
az that destruction was just nsd by the authority
Of he 9o.s mment ~ho e'npoyed him Is @er question 2
fact, aud wo may BIO quite sure, in whatever light tn
question may be viewed by some persons in this country
neither Captain egram nor his late act win be dsa
, | vowed by the Confederate government.
h THE FEELING IN LIVERPOOL.
Il From the Iiverl Dol Times, Nov. %.
Tho British isles have been startled by TIL announce
- that Confederate frgate at Southampton
and that federal frgatc has been there-thc former
present receiving all the aids and appanoeAfo pursun
her nefariuus calling, and the latter after coalrg dsaI
pearng, one knowssW hther TO ovcr the boun
less tricks Of the Deep in search Of the prey she seeks
sb that great highway Of alions-the ocean SO "a
we have at least been impartial IN our hospitality,
much hare tie ted the beligrsnt reAels in czacy
same spirit 50 that c4r aria ard dsa!ed neutrality
mi be imt, md and this is ii. only gray ng feature
episode that accom- anied by mapy associa
lions But gh has ansp ed u the dol or the Nash
vile, which ioaty Mr.. Jcflers Tavs Is cxlri
the barbarous and revolving cha actersics Of
and its destruction of valuable property the very spiri
OF wantonness. The Confederate frigate il seems en-
contcred at fine federal that cost @e owner
f25 COO called the Harvey Brch-bcarded her, stripped
lie of everything avaiaby valuable and then made he
bitzc IN mid ocean-an act VII ch the laws Of priva
tee ing, we Supp Sc woul Justify, but which appears
se Of to q :ssssss waste
The federal CT User James adgcr, which vsted South
ampton we !. or two previously a sister ship Of tn
Nashville. and in the she folio wing WIN,
to oten occurs in actual lile-hat the hatred of EN-
nearest relations is the most bitter. The Jane,
ger seems nsve1hess TO be better prepare.
that she carries eight guns, mi to intcrce
resell ,afino al Liue1o nth ,oorlite stores for S2it
private RS, Ike rraies and ~ r! a1 al for
hunning danger instead OF uting It'll re will then
Is to hshoped be one, Il not wo less nusances in tho
word the lead ng morning jou nal Of yesterday whose
symnathy for the Sou the commencement OF this
ia, c,da quarrel has been apparent, carries tn exploit
Of the Nashville to the credit Of those who now in
a ms against tho American Union. "Wnilc tho jaime,
Alser says, was only suspected Of a design TO way
lay ship carrying contraband or war the Nashville las
aetea y captured ana burned the Harvey Birch and
maic prisoners Of her crow" What to glorify-
destroying On unarmci ship engaged in the peaceful pur
II Il commerce, ana crciting the noblecss of the
! forlnancc to the slave lords OF the reyoted stat q f
| NEUTRAL OPINION IN MANCHESTER
| From the Manchester Examiner, Nov %
The entrance of enc Nashville into a British mort for
the rpose OF ref ting will one OF those de,i,nr
qeri ms o. interna,nai lao VIII ch PROPOSED irsts
can best pronounce competent opinion. II the commits
soh of the commander, copy of which has been pub
shed genuine the legal status Of the vessel is that
not oil pfiyaeer but Of regular ship-of war of the
G cslerate navy. The distinction however ia not of
much Importance for neither regular ship war nor
piv"tocr of either larty would DO permitted to bring
prize into our harbors while both classes are
gifted to temporary stay. The rule is that zoe should
iyeat ~ betieercnts 10th alike, onl ,ici,.s thai IRE
houd ShoD no fdror 10 either. We cannot for a moment
sum.se that the commander Of the Nashville intends
hitting her at Southampton beyond such repairs as
may be requisite for he' safety aloat or that hc
iai any such intention, the British Authorities would
! y rmit 1t. Size M Ist 90 she has come and tho
| sooner she t'kcs her departure the better We
THE DERBY rARTY ON ENGLAND's NEUTRALITY
From the London Herald, Nov 22
II we permit the Nashville 10 receive any assistance in
renting her wa Ike ornaments we shall bs denartino
from neutrality and cmbroiiag selves with tho fcde
al government aid aid beyond what is ba DIV necessarv
TO iendes her seawo thy may well be looked upon with
| amt an stroycd f ~ """
ACTION OF Tns BRITISH CABINET AND Apuyp.Yrv