The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1861-11-17

rnmor WAS complete hoax. No such thing
CURED, and nothing o. the kind, so FAR
could be learned. contemplated. On tho con-
trary, British merf went much usual pur-
SUNG their daily atoms, without troubling their
heads unnecessf about what does not concern them.
Tho folks at uo British Consulate, 1t may be added,
evinced little feeling, and were very diplomatic and
guarded in giving expression TO any opinion the sub
jet The accomplished and polite Vice Consul could not
he said say how the British government would act, mas
much as he did presume to know how her Majcstys
Ministry would tit to view the affair. The United
States government being present The De faco govern
ment here, he thought likely that England would be
disp sed TO mako all reasonable concessions.
Among the people the probability Of rupture with
John Ruil frosty taxed over, and mus, be
stated candidly that The prospect not at
all dislised "1et ns have with England"
necessary There's enough blood yet left in tho
old North TO give Mr. Bull another lesson capcrng ike
that he received in 1776 and 1912" This was the
stance Of the remarks heard among all classes and
whenever man quietly intimated that tho govern.
ment was wrong, ought to give up the rebels and apollo
gizc to England twenty voices Immediately drowrel his
uttcrance.
Our Irish citizens exhibited tho most marked evidences
Of excitement and pleasure. "Let the rebels hang Col.
Corcoran now II they dare, and let England help the
South il she dare not unfrequentIy heard among
this patriotic class Of our people. There be little
doubt that In the event Of with England, thou.
sands Of sturdy lrshnen would enrol themselves all
the States for the dcfcnce OF the country against British
nvssion, and there is Just as ito doubt that the
Popah is In favor Of holding fast Messrs Sicl and
Mason, matter what rcmonstrances England may
make, what she may threaten III case due rearaticn
IL not given.
THE RIGHTS or .BELLIGERENIS TOWARDS
NEuTRALS,
The seizure of Messrs. Mason aud SldeN on board
neutral vessel cannot fail to elicit good deal of conyo
versy at homo and abroad and may perhaps, alarm
many OF fellow citizens unpcquanted with the spirit
and letter Of the rights OF nations This respect Their
approhonsions, however, WI vanish with better know
edgc Of the cases bearing the rights of neuras end
OF the opinions Of writors international law And,
among these writer's have greater authority and
influence than the French we will submit TO
readers some Of their views upon such the
present ono.
As gener al maxim among nations vatel aud Martens
after him, acknowledge that neutral who lends
sistance to beligerent any shape form whatever
Is liable TO be treated enemy that Power At
has the rgh. hinder its opponent from being morally
physically reinforced and that that necessity may
thorze that Power pevcn. any support to be directly
or indirectly lent to the party al with it,
When nation has acquainted neutral Powers with its
intentions concerning the enemy with whom Is has to
DEAL that nation has right free sea- to bring
neutral vessel TO- and TO insist upon proof OF lis
neutrality, in the OF Messrs Mason and Slido.l
and il it cannot prove this If il proves that il has yo
lated it, the vessel be arrested kept custody
confscated.
Now If from general considerations pass to part icu
tar cases will find that nearly at treaties agree
Gus con,raband objects prohibited in time OF by
belgeren's BY contraband OF war is generally under
stood all the objects which nation avail itself of
provisions, &c Some nonarchs such Louis the XIV.
have gone the length in the Interpretation of the
word contrabald, of seizng watches and cutlery which
conveyed hy the English to the Dutch. But il that
word is liable to receive different interpretations this is
not the case with Here is what DIar ,clculie
says this subject
The fact Of tronportin0 for the account Of brllige
rent constitutes, i Estimation, serious rio'an
of The duties Of ae,trdts than a # conrdJand
Aesals Aoes duties 10 fuGt towa,ds aa,ions at or and
the captain Of ship chooses to carry in the sc,rice of
one Of the Leligon he ea7oes himself to all The
qaenccs.
or,oxn 4 writer on internat tiona law and great au
thory among the French goes further than DHa.
tefeulle He thinks that, in the when Il cap
tain ignorant Of the quality OF of his passengers he
must surrender hln upon summons OF one OF the begs
rents to So This. VIC believe, is also the opinion Of
Wheaton and Of Ward.
Besides these authorities and many Others that do
not quote here, facts have sanctioned that right in an
unmstakable manner. Take, for instance, the treaties
passed between the nations q the Old and New continents
for the last century and they all the principle
that though free vessels make free goods, when
convicted Of being in the service Of Of th buga
is found of these vessels, that be
arrested and carried away by the party hostile to it.
We find this clause stipulated in the treaty Of Utrecht,
passed n April, l7l3, between France aud England ia
the treaty of ITS between the United States and France
in the treaty Of 1856 between tho United States and the
King of Prussia Many other treaties too long
mcrae here, contain the provision and consecrae
the same principle
There Is, then no doubt about the OF Mssrs.
Mason and Sidel it is settled by the maxns OF nrps
tona law and the facts have just quoted. The cap
tain on board Of whose vessel these traitors
captured not only knew their quality
aad their mission, but, according 10
information, they had been disclosed 10 him by the Eng
sh Consul at Havana in presence OF many persons.
he acted then, partne;of the conprs,ors an 10
that case he alone Is responsible for the action OF Capy3n
Wilkes This will likely be the Interpretation which the
English government after mature examination Of Ihs
case, will place upon this necessary proceeding.
IMPORTANT FROM WESTERN VIRGINIA.
The Rebels Driven from their Position