New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1862-02-12
EARL RUSSELL'S REPLY TO llH. SEWARD.
Lord Lyons to Earl Russell en- the
Stone Blockade.
THE BEPREDATIOSS BY TIE SUHIER'
FRANCE AND THE United STATES.
ENGLAND AND AMERICA.
EARL RrssELLs RELY TO Mr. 81" N'''
From ia,t Ercsing'' Gnseiie.
FoREIGK OFFICE, Jan. y, ioo2'


FoREIGK OrFIcE, Jan. y, ioo2'
Con;ea Of correspopdeuee Nth Ter Majesty's MIN
ister in the United Stste5
EARL RUSSELL TO LORD LYONS. 49,,
EoRrtGS OFFICE, JAN -, lSu'.
NV LoRp: mentioned in my dispatch OF the lV'h
inst. that her Maesty's Government differed from
Mr. Seward IA 500 OF the conclusions at which lie
lad arrived: and that ! should STATE to you on u
fntnre occasion wherein these differences eOhslsieu'
now proceed TO DO 20 a., s;.o,,ss
The auctions involved in this correspondence sole
on the pTincilics OF international iaw ar ne"a'"
tImsel speaknR OF the capture Of the four gentle
men taken f,om Oh beard the Trent, says; lhe
o,,s,iou befote us il whether this proceeding was
ao,nnrized nv and conducted according 10 the law oil
netting iisis in fact, tho nature otfhe question
which has been, Int hapiyis no LONGER ~ Issue "
concerned The respective rights 81 u OF
Iueulras We must, therefore, discard eh'ieiy ''o''
our minds the allegation that the CAPTURED persons
were rebels. and We mist consider them only as enc
mics Of the United States al war with lis Govern
meot for that ID tie ground On when ar. seward
ultimately places the discussion IL Is the oiiy
ground III on which foreign Governments can Urea, IT,
The llrt inquiry that arises, therefore, Is IS MI
Seward states il, "Wore the perrons named, and
their supposed dispatches contraband Of war;
! Jpon this question her Malestys Government di y
| fer entirely from SIR. Seward.
The general iight and duty of a neutral Power 10
mai
lions with both bellisercuts cannot be disputed.
,outr,I nstion saws Naitef, " continues, with the
tvo parties at war in tine several relations nature
has rloced between nations. IL ID ready 10 periora
towara both of them al the duties OF humanity, re-
cinrocaIlv due from nation % nation In the per-
torrance OF these duies, on botn sides, The nen,si
nation has itself most direct and luate nal iniere't
espealy when It mas numerous cl.ilens resid nj W
he territories OF both bclgefelts; and wien lie cii-
izena resident both ihefe and ~ home have proief-
~ ~ orea value IN tie territories the beligefons
which NAV be exposed to danger from acts Of conis-
cation and violence II The protection OF Their own
Goverument LIQUID he witt held. This Il he case
with yts.e,t .. Btish subjects during The present
civil var in North America.
Acting upon there plineipes Sir William Scott,
in tue Of tie Caroline dnnlg me war De1" cen
Great Britain and France, decided that the carrying
of dsrafche- from the French tmlassacor resident
in the United states 10 the Government OF France
nv "a United states merchant ship was no violation
O. Le neutrality oi TIE United s;-loa IL Tie war DC
f,yes. Grest britain ani France, and ilh bIch uls-
uftrLes could ut be tnaicd aa cont raband oi war.
"Tle neutral country, De I'D, has night TO
urs,erye ~. relations with ihe cneiry, and You are
not AZ liberty 10 c0nc.Dde tlat any communication
. between item san parcit, lp any degree, 81 the
nature Of hostility against ycu The enemy may
have us hostile protects 90 te attempted wan me
neutral safe but your reliance u on The integrity
Of t.at neutral State that il viii not favor Ion
participate 10 such designs. but as lar rs ~
own conrcils and actions are oonoerncf VIII
appore them. And II there should be pm
vaie rea-ors to suplose this confidence an ne good
fifth oil lie neutral State las "a douOtiul iouLdI-
lion that IS matter for tle .cnion OF TIE Govern
nenf 10 hc copuiernauded by Jusi measures 81 pre-
vcutve polcyi bui b. j. 30 glCund on "ll'n thi'
7 Com. can pronounce thai the neutral e-rIer ma
violated his duty by behring cfptiches, wh'.s' IS
/ lar ua lac can know, may lie presumed 70 be OF an
innocent nature aud 81 the maintenance OF I" me
Connection And he continues, shoriy aher~ ard
Ii Ia 20 be considered slso, with regard 10 thl'
question What may be due 10 the COM ei4ehce o. zoe
cutrl state; FOR its interest may require that the
Iin'ercour.c Of correspondence with the enemy
country should not be altogether nlerdleted. u
might be- thought 10 amount almost ~ &c itfsti0l
thai IN Emi asfador from the enemy shall not reside
H. the neutral state II he j. declared 90 be teoaTIed
fron the only means of communicating with Bis own
For 10 what useful purpose he reside there with
on the opportunities OF such q comm imitation II
Is too much 10 say dat all the business o the two
states shall BE- transacted BY The Minister 81 the ncu
'fr,, ,fate rc-ldent IN The enemy r country. Tie
practice 0f nations has allowed 10 neutral states INC
privilege OF receiving Ministers iion ihe beILgeren
states. sud tie use and convenience Of an niue date
negotiation with them
That thee principles must necessa.iy extend 70
every kind Of diplomatic communication between
Government AMI Government, Whether 10y senfine
or receiving ambassadors or Commissioners person
ally OF bg sending or receiving dispatches from or 70
.uch Emba-sadors Or Commissioners or from or 10
the respective Governments, D. 100 piain 10 need ar
Icumeui and il seems no less clear chat such corn
munca,ioDs must be a. legitimate and mnO,Cnt III
their int commencement u aittrward and that the
rule cannot be re-tIicted 20 the Gaze m which dIglO
matte regulations already formally established by
The rtsid Ice %. accredited ain.-tGr vi tAc Dell z
ertnt Power d. The neatral country. II the Den.
trGy Of the one rafy 10 the commune lii0ns and
not either he mode Of the conmu ical0n the time
when 10 rti taxes lace which furnishes The ies Of
the troe application Of tho principle. Tho only U.s.
unc.iOh arioipg out Of the peculiar Circumstances Of
a civil war, and II the nDnrccogn.iiou O. ne Jude
psndence Of the de factO Government Of one Of The
belvefents, either by lie o.her bclligeI1nt ~ by
tho neutral Power, is ihis tina, " for le pulpose o
avoiding he difficulties which might aiire from
a formal nd positive solution ot ibeae questions
diplomatic agents are Frequently substituted, who
are clothed with tlc pow aud enjoy tine immuui
ties of ministers, though they afo IOi invested viii
the representative character, nor entitled 10 diplo
matte Loaors.i Upon this footing Mcssrs. Mnso1
aud slitc who Gre expressly stated by M Seward
o. have been sent 40 pretended Ministers plcpoicn.
firy from .hc Soltlefn SlAie6 go tho Courts 81 -.
.Iares and OF Paris must have been cent and
would have been. n at al, received and iho Ieccp
non OF these gentlemen upon tiis C.dng eould 1905
have been lus,y regarded, accororV 10 tue iW 0l
nations, "a p hostile or uni-c iiy eco toward the
iuitcd Siates. Nor, indeed r. # clear rnft these
gentlemen would have been clothed with any pow
en-, oc nave cnI1yei any Iuniuitie s UeyOLd thnre
accorded % diplomatic agents not officially recog-
IizcG.
II apiear- 10 her Maiesty's Government 70 be- a
ncceHrv md certain deduction IRON tboeo pane pcs
that tue CONVEYANCE d public agents o.. lhr character
iron Havana 90 81. l.o.lrh on ihc.r way 20 Great
Biiaiu aui France, and of their c,edsnild. or dir
patches 10 any or board tho Trent was not aud
could no. be violation IL the duties 81 Deutlai.ty
on tic laii of ild vessel; anu both i0s lat l-as0l,
aud aiO as c.nrc ace de.t.ion ~ these person and
O.. the.r d. tches waf ia.0 filr neui gj IL Is la
the Judgment o her Md,e.tys GoyernnicA. clear aGd
certain THAI thoy were not cuntrlnand.
Tie doctrine Of cOhtraJand mas 10 " hole fOunil-
lion an oiIgil in tine principle which j. nowhere