Daily intelligencer. [volume] (Wheeling, Va. [W. Va.]) 1859-1865, 1861-11-21

a.
6assador or other public minister OF Tue Gu -.
envy, reslee,stul Heslfat eoHn,.y ~ an 20
ceplo1 TO the reasoning 90 which the eooSe
general rule iS founded. They are, s ...,i.,
SIR W. scott, despatehes from persons WI" ~.
arc IN peculiar manner, tue iaE0EI 1..' ~
leet OF the protection OF the law OF q nAtlons,
residing in the neutral country Tor tne p9 .i
pose OF preserving the relations Of amlty
between that State and their own Govern
ment. On this ground very material as
tinction arises with respect TO the rignt o,
furnishing tho conveyance. The neutral
country has right TO preserve its relations
with the enemy, and you are not at liberty
/ to conclude that any communication be-
tween them can partake, in any degree OF
the nature Of hostility against you. Ths
limits assigned to the operations Of war
against ambassadors by writers on public
law are, that tie Belligereat may exeretse his
right of iOar egaiast MeM, ivherever the
character of hoStililv exists: He MAY STOP
THE EMBASSAD0RO OF HIS ENEMY ON
HIS PASSAGE; but when he has arrived
in the neutral country, aud taken up him
self the functions Of his office, and has
been admitted 10 his representative char
acter, he becomes n sort OF middle man, en-
titled 10 peculiar privileges, as set apart
for the preservation Of the relations of am-
10y and peace, in maintaining which all
nations are 10 aoue degree Interested, -
ipp. be5-ee.
"Ithas been soIemnly adiudged in the
British prixe conrtg tbnt being engaged in
The transport service Of the enemy. or in
the conyeyance Of military persons in his
! employ. and the carving of dispatches,
are acts of hostility which subject the pro-
perry to Coufscatf6h! In these cases the
| facr that the VOYAGE was 10 a neutral port
was not thought 10 Change the character of
tile transaction. The principle Of these de-
iterminations was that the party must be
deemed to place himself in the service of
the enemy State. and to assist in Warding
off the war, or in fayoring its offensive pro-
l5iects"-Cp. BIOL
Our readers viii be able to apply these
principles to the casein hand.
OF similar purport is the exposition Of
DR.. Robert Phillimore, in his late great
work entitled Commentaries on Interua-
tional Law. He Is GAdyocate of Her Maj
esty In her Office Of Admiralty as Judge of
the Cirque Ports;n and universally approx
cd. He says:
Page 1861 Contrdbdndl stltis, indeed,
competent to a belligereut to stop the Am
basqados Of his enemy ON his passage"
I S468-sttA9
persons In The employ of a beilieerent. or
being in anv wav enGaged In bis TRANSPORT
service. II has been most solemnIv decided
nv The tribunals If International law. both
in england and the limited States Of North
Amerfco that these n, = acts of hostility ON
The ma # If The ,,sy,4rsI which subjects the
v.L;cI. 4, ,,bI.l, ,beI ,1srVons re cnnVaved
tn conf,srs,ion AZ the Ssnds M The heI.
i,oerent1
PsGsa7n- Observation-Disclosures
nm Official ON the affsirs of brlliperent
| Corornment ara spcb espatcl,es az nTesent
I,ost;Io c,ss nv, me =, rriSrs ~ tbeTo
The n,iscSisvons tonsennsnres of snch n
ssrv;ce cannot he .estimated. and extend
far beyond the effect Of any contrabaud
that can be conveyed: for II is manifest
that nv Tho carriage of sncb desnatches The
| most imnortant generations Of n belligerent
army NAV he forWarded or obstrucied-
In General cases ~ controband The nnanti-
~ 81 Tho srticIs csrrisd NAV he a material
r;rcnm stance bnt the smallest desnatch
NAV serve M tnrn stbs fnTtnnes of war In
F,ror NJ = nsrt;cr,Isr hailjgercntn
s.Tba rspoitv i 10 cont sstinn of tho shin
vbicb ranvev: ,bs SssTS,ches and Of The
cs psTS NO4' 't' ~ i'''t : -
Ss the foregoing uriueiples are derived
wholly from tbe adipdirations of the Brit
| ish AdmiraIty Coufts. and as Can't, wilkes
has exercised something less than the scope
| oF ,,oyve, ,,inf;rate5 fSIsF = balttgerent nv
these rulings, il would seem idle to sup
pose that his action can afford any ground
| fnF Fanlamaif0ng nv the British Govern