Cleveland morning leader. [volume] (Cleveland [Ohio]) 1854-1865, 1861-12-16
The Lcndsu Times upon Ihs Mason and
slideil Arrest.

AAA4eAA Arrest
From long article upon the arrest Of
Mossrs Mason and sidsll, We extract the
following:
We have already recognised these Con-
fsd0rate States as bellgerent Power, and
We shall, when the time comes, recognize
their Government Therefore We have i'm
possd upon ourselves al the duties and in
oonvenisnoss Of Power neutral between
two bslligerents.
UnWeloome as the truth may be, Il is
nevertheless q truth, that We have our
selves established q system Of Interna-
tieuRl Law which now tells against us,
In high handed, aud almost despotio man
ner, We have in former days claimed priv
leges over neutrals which have ct differ
ent times banded ell the maritime Powers
Of the word against us. We have insisted
even upon stopping the ships-of-War Of
neutral nations and taking British sub
jects out Of them; and an instance is given
BY Jefferson, in his Memoirs, in which two
nepheWs OF Washington we're impressed by
our cruisers as they we're returning from
6 Europa and placed as common sesmen I'M
4 der the discipline Of shiPs-of.War. We
have always been the strenuous asserters
Of the rights Of b0lligerents over neutrals,
and the decisions Of our Courts Of Law, as
they must now be cited by our Law officers,
have been in confirmation Of these uureas-
enable claims, which have called into be-
ing Oonfederations and armed neutralities
agsinst us and which have always been
modified in practice when we we're not su.
preme in cur dominion st sea. Owing to
these facts the authorities which may be
al - to-
and too uniform as to the right Of search
b. belligeFent ships Of war over neutral
merchant vessels to be disputed. " The
only ssourlty that nothing is to be found
Inconsistent With amity and the Law Of ma
tons, knoWn to the Law Of nations" said
Lord StoWell in the celebrated case Of the
Maria, is the right Of personal visitation
and search to be exercised BY those who
have an interest in making It."
Again, Lord stoWell, in the same judg-
meat which is the storshouse Of all the
Engliah Law on this subject, says; "Be the
ships, the cargoss and the destination
what they may, the right Of visit and
search are the incOntestsble right Of the
cruisers Of 9 belligerent nation Till they
are visited and searched il does not appear
what the ships or the destination are; and
& Is for the purpose Of asoertaining these
points that the necessity Of this right Of
visitation and search exists. This right Is
: 90 clear In principle that no man can deny
4 who admits the right of maritime cap
Nlre; because, if you are not ct liberty to
pertain sby sufficient inquiry whether
p is property that eso be legally cap
J, it is impossible to capture The
European treaties which refer to
sight refers to it ss prs-sKisting, and
rE regulate the exercise Of ii. All
OIL upon the Law Of nations uRani-
caoEnoWledge IT,"
ogreRt American authority, Kent,
Tlnpon the same subject in his Com
sas says: "The duty Of self prsser-
}siVes to belligerent nations this
The doctrine Of the English Admi-
tty Courts on the right Of visitation and
saFoh, and on the limitation Of the right,
has been recognized in its fullest extent BY
the courts Of jnstice in this country"
30 far ss the authorities 60 the testimony
Of international Law writers is ali one
way, that beligersnt war cruiser has the
right to stop and visit and search any
merchant ship upon the high sess.
But, eTen II 1t we're necessary to admit
Chat these gentlemen were in 8 belligerent
or eontrsbsnd character on board the Eng
hsh vessel, II Is, We believe, the opinion Of
vsry eminent jurists that this was not
question to be adjudieated on by naval
officer and four boats crews. The legal
course would have been to take the ship
itself into port, and to ask for her cOndem-
natioa, or for the condemnation Of the pas
sengsrs, in Court Of Admiralty. The re-
sult might, no doubt have been the same
bat If the proceeding was irregular We
hsve surely q right to demand that these
uriacnara ehail ha reaioPad