The New York herald., 1862-01-10

judicate, sword hand the
deck which Is part Of our territory.
Thus 1t appears that the present complaint OF the
British government in not founded the assumption by
the American steamer Of the belgerent right OF
Search the ground that this right exercised
ON beard neutral vessel between two neutral pors nor
that was exercised board mall steamer sustained
by subventon from the Crown, and ohcered In part
from the royal navy that 1t exercised In case
where the penalties OF contraband could not attach but
Is founded simply and precisely the idea that per-
other tn apparent officers in the military naval
service be taken Of neutral ship at the mere
without any form Of trial therefore the law Of nations
has been violated, and the conduct Of Captatan Wilkes
must be dsavowed, while men, who are traitors, con
spirators, and rebels, all in one, are allowed to
go Free Surely, that criminals, though dyed in
guilt should go free better than that the law Of ma
tons should be violated especially in any rule by which
is restricted and the peace enlarged for
the law OF nations cannot be violated without overturning
the protection Of the as well as the guilty On
this general principle there be question It Is but
an illustration of that important maxm ded in the
Latin Of Fortescue Better that many guilty should es
capo than one innocent should suffer-, with this
difference that in tho present few guilty escape
while the innocent everywhere on the sea obtain new
security And this security becomes valuable
triumph Of civilization, when 1t is considered that
long refused even at the cannons mouth Do mot forget
sir that the question involved in this controversy Is
strictly qeon Of lavprecisely like question Of tres
pass between two neghbors The British Cabinet began
proceedings by taking the opinion Of their law ad
vsers precisely as individual begins proceedings In
ssuit at law by taking the opinion Of his attor
ney To make such question Of or 70 suggest
that war is proper mode OF deciding II, simply TO re-
vve in colossal prorAgtons the exploded ordeal by
battle and to initiate the ages when such proeeed
ing was openly declared be the best and most honora
BILE mode Of deciding abstract point Of law at
was matter Of doubt and dispute says early hsto
rian "whether the sens Of ought to be reckoned
among the children Of the family, and succeed equally
with their unces thsir father happened die while
their grandfather alive An assembly called to
deliberate on this point and II was the general opinion
that ought TO be remted to the examination and de-
cison Of judges. But the Emperor, following better
people and nobies appointed the matter to be decided
| by battle between two champions" In similar
spirit has been atery propGsssd amidst midst
| draw the point of law now raised by Great
Britain from peaceful adjudication and submit It to trial
by combat But tho Irrational anachronsm Of such
proposition becomes fragrant from the Inconsistency
Of the party which makss IT. for it cannot be forgotten
Britain persstently held opposite ground from that
which she takes. The British complaint to
have been narrowed down TO single point; but is not
to be disguised that there yet other points which,
had the ship been carried into port for adjudication
troversy must have arisen Not to omit anything impor
tant let say that the three following points, among
| others, have been presented in the case
That hesezure Of the rebel emssares without taking
!. not e,t;sa to sus SssS for ;~de;as % Soma
Q That had tho ship been carried into port it would
been liable on account Of the rebel emissares
inasmuch neutral ships FREQ TO carry all persons
not apparently in the military or naval service Of the
/ enemy.
3. Are dispatches contraband of war; to render
These matters shall consider in their order, giving
special attention to the hrst which IS the pivot Of the
grievances which better to forget; be assured it is
from willingness to awaken the s.uhbaring anmosi
ties they Justly aroused but simply to exhibit the
proud position question which the United
early and constantly maintained. question Of inter-
nentusn ad Aonise Il would be Of little value TO show
that Captain Wilkes sustained by British authority
and practice, II be were condemned by International
law interpreted Dy his country. II belongs
10 as nowypay, let il be our pride, at any cost Of
individua prepossessions or transtory prejudices,
to uphold that law in all its force as 1t was often
declared by the best In history and illustrated
by national acts and let seize the present occasion to
consecrate its positive and unequivocal recognition In
Great Britain practical assent, too long deferred TO
principle early propoundsd BY our country and standing
forth every page Of our history. The same voice
which asks for their liberation renounces in the
breath odious pretension, for whole generations the
her municipal history has practically contributed to the
eetab lishment of freedom beyond all other nations.
There least institutions principles which
she has given first the trial by jury second
y, the writ OF habeas corpus thirdly the freedom OF
the press fourthly, bills Of rights hy the represen
atve system sixthy the rules and orders Of debate,
constituting parliamentary law and seventhly, the prn
cipe that the air is too pure for save To breathe
long ago declared and first made reality by British law
No other nation show such peaceful triumphs.
But while thus entitled to gratitude for g0ri0
tributons to municiral law we turn with dissent and
from much which she has sought TO fasen upon
international law. In municipal questions Great Britain
drew inspiration from her native common law. which
was instinct with freedom; but especially in maritime
questions arising under the law Of nations this Power
have acted that obnoxious principle OF the
Roman law, positively uNcarucl IN questions,
Qod prinep paeua lesis ricoren hali and too Often
under this inspiration to have imposed upon weaker
tons her own arbitrary Will The time has been when
che pretended To sovereignty tho surrounding
| the British isles, far as Cape Finstierro TO tho
| south, and vansraten, in Norway, TO the north.
But, driven from this preiension, other prctensGDs,
less local, but hardly less offensive were a,owed.
| The boast Of ''Rulo, Britannia, rule the waves,'
| was practically adopted by Tritish courts Of ad-
| mralty, and universal maritime rights sub
jcctcd TO the special exigenccs Of British interests In
the consciousness OF strength and with navy that
sea- The commerce Of the United States as II began
TO whtcn tho ocean, cruelty dccimated by these
arbitrary pretensions. American ships and cargocs
While in the language Of Lord Russell. pursuing
ful and innocent voyage" suffered from tho British
admiralty courts more than from rock or tempest.
| Shipwreck less frequent than conlscation; and
when 1t came, was easier TO bear But the loss OF
property stung than the outrage OF mpressment
which foreigners under the protection OF the American
flag and American citizens withoutany form OF trial
and the mandate of navy olcer, who for tho
moment acted judicial tribunal, dragged away
from tho deck which should have been to the sacred
altar This outrage, which feebly vindcatcd by tho
municipal claim Of Great Britain 10 the services Of
her SUBJECTS enforced arrogay and perpetual
ly the high seas, whore municipal law is silent and
international law alone prevails Tho oellgcrent right Of
search, derived from International Jaw employed for
tins purpose and the quarter Of every British
cruiser made floating Judgment seat The practice
discriminate among It's victims II is mentioned by Mr.
Jefferson and repeated by British writer on interna
tona law that two ncphews of Washington their way
home from Europe, ravshed from the protection of
the American flag, without any judicial proceedings, and
placed common under the ordinary discipline
Of British shipsof.war The victims by
thousands. Lord Castlereagh himself admitted on the
floor Of the House Of Commons, that inquiry nstitu
ted by the British government lad discovered in the
British feet three thousand 1--WE hundred claim
ing to be impressed Americana. At our Department
of state thousand were recorded, and IL
estimated that at least many more might
have occurred, Of which no inform alton had been
ccived Thus, according TO this Official admission OF tho
British Minister there reason to believe that the
quarter deck Of British man-of war had been made
floating Judgment three thousand Ave hundred times
while according to the records Of state Depart
ment had been made floating judgment seat six thou
sand times and upwards, and each time American
citizen had been taken from the protection Of his ag
without any form Of trial known TO the law II preten-
ntrnsicaly awless could be sanctioned by pre-.
cedent Great Britain would have succeeded In poat
ing into the law OF nations. Protest, argument ncgo-
tation, correspondence, and itse-unhappily the
last Of republics OF kingswere all employed
vain by the United States 10 procure remuneration Of
this intolcrable pretenson Tho ablest papers In
diplomatic history are devoted 20 this purpose,
nnlx In ,rhi hauo boa,