Daily Richmond Whig. [volume] (Richmond, Va.) 1861-1862, 1862-02-18

I QlOtAtOls
ern ment rrevesnt The words Of Sir W. SCOTT are in
both applied by Mr.. Seward In sense ferent
from that in which they were used Sir William Scott
does not say that ambassador sent from bl Tiger.
ent to a neutral State, may bs stopped as conrabahd
while his passage board neutral vessel belonging
to that or any other neutral State nor that IL he be
not conraband, the other belgeront would have any
right to stop him such voyage. The sole object
which Sir William Scott had in visw to explain the
extent and its OF the doctrine Of the availability Of
anbess.5ors in virtue of that character for he says
"The limits that assigned to the operations Of
against chem by Vatte and other writers OF these sub
jecs are, that you may exercise your right OF war
against them wherever the character Of hostility exists
You may stop the Ambassador Of your enemy on bis
passage but when he has arrived end has taken upon
him the functions Of his Office and has been admitted
in his representative character be become sort of mid
die man, entitled to peculiar privileges as set apart for
the protection Of the relations CT amy and peace n
maintaining which all nations are In some degree nteres
| ted"
There is certainly nothing in this passage from which
an inference be drawn totally opposed TO the gen.
eral tenor of the whole judgment as that an ambassador
proceeding the country 70 which he sent aud on
board neutral vessel belonging that country, be
stopped on the ground that tho conveyance OF such an
ambassador is breach of neutrality, which must be
If hs be contraband of Sir William Scott Is here
expressing not bis opinion merely but the doctrine
which be considers have been laid down by writer's OF
authority upon the subject No writer OF authority has
suggested that ambassador proceeding to neu-
trail State board Of is merchan. ships Is conri-
| band Of war. The only writer named by Sir William
Scott Is Vattel Vatte lib w., chap z, Sec sa whose
| words are these
Ga peut encore ataquer ct arreter gems e. gers
de renneni partout iberte deIsrcer des actes
dhostlite. Non settlement done on peut lssment re-
fussr lie passage Ministries qu'un ennemi envoys
dautres Souverains les arrete meme sls eltrepsem
ment pa,er secreteent ct permssions dams les
| lieuI don't est msitre.
And he add, as an example the seizure of a French
Ambassador when passing through the donations OF
Hanover, during between Engsnd and France, by
the King OF Eng who also sovereign Of Hanover
The rule therefore, be collected from these author
tiles that you may stop enemy Ambassador in any
Place Of which you yourself the master, or In any
other Place where you have the right to exercise acts OF
hostility. Your own territory, or ships OF your own
country are places OF which you yourself tho mas
ter. The enemys territory or the enemys ships are
places where you have right to COMM! acts Of hosti
IT, Neutral vessels guilty of violation OF the laws OF
raly, places where you have no right to eIes
| ess acts Of hostility.
Il would be au Inversion of the doctrine that Ambas
sldors have peculiar privileges to argue that they are
| less protected than any other men.
The right conclusion is that ambassador sent to
neutral Power Is invioable the high well
in neutral waters while under the protection Of the
| neutral fig
The other dictum Of Sir Walter Scott n the case of
the 0roz mbo is lees pertinent TO the present ques
ton That related to the Of neutral ship which,
held by the court to have been engaged as an enemys
transport 70 convey the enemy's military officers, and
some OF the civil officers whose duties were Intimately
connected with the military operations, from the enc
mys country Of the enemys cclonies which was
about to be the theatre of those operations the whole
being done under color OF simulated neutral dsstina
| ton. But long q neutral government, within
whose territories military operations are carried on,
adberes to its professions Of neutrality, the duties OF
civil officers mission to that goyernmsnt and within
| b1g ha tad
military operations" in the sense In which these words
we're used by Sir William Scott as indeed, Is rendered
quite clear by the passages already cited from his own
j Judgment in the case Of the Caroline.
In connection with this part OF the subject 1t Is neces
s,ry TO notice remarkable passage in Nc Stewards note
in which he SAYS i me, in tue prccsnt case, wha
AZ read British authorities, is regarded by Great Bt
taia herself maritime law that the circumstance
that the Trent proceeding from neutral part TO an
other neutral port Goes modify tho right Of the bel
igerent capture" IT, indeed the immediate and oetensi.
bic voyage of the Trent had been to neutral port but
her Ultimate and real destination to some port Of the
enemy her hbj.sys government might have been bet
ter able TO understand the reference TO British auhor
ties contained 10 this passage. IL Is undoubtedly the
Law as laid down by British authorities, that il the real
de.n ,on Of the vessel De hostile Chat il TO the enemy
the enemys counry It cannot be covered and rem.
dered innocent by f;Iicious destination TO neutral
port But If the real terminus of the voyage be bona
Sis In n neutral territory English, nor indeed,
her Msestys government believe any American author
ty can be found which has given countenancs to The
doctrine that either dispatches can be subject
during such voyage on board such neutral vessel, to
beligeren capture contrabani OF war. Her hlesys
government regard such doctrine as wholly irreconcl,
BE With the true principles of maritime law add certain
IL with those principles they have been understood in
| the courts of this country.
Iii to be further observed that packets engaged in
the postal SERVICE snd keeping up the regular and peri
ica communications between the diff aren't countries ct
| Europe and America and other parts OF the world,
though IN the absence OF treaty sPulauons they MAJ
not be exempted from visit and search 10 time OF war
nor from the penalties Of any violation Of neutrality,
proved TO have been Knowingly committed are sill,
when sailing in the ordinary aud Innocent course Of their
legitimate employment which consists in the convey
apce of mails and passengers entitled 10 peculiar fav
and protection from all governments 10 whose service
they are engaged. To detan disturb interfere with
them without the very greatest cause would no an act
of most uOxious and curious character, not only to
vast number aud variety Of individual and private inter
ests but the public interest of neutral and friendly
governmsn
Il has been necessary to dwell upon these points In
come detail because they involve principles Of the high
eat i'm aortance and b,cause II Mr.. Stewards argument
yer, acted upon sound, the most injurious oonse-
qusncss might follow.
For lbs snce, in tho present war, according to Mr..
Stewards doctrine any packet ship carrying Confede-
rate agent from Dover Calais from Calais to Dover,
might be captured aud red TO New York In case OF
war between Austria and Italy the conveyance OF an
Italian minister or agent might cause the capture Of
neutral packet plying between Malta and hsrselles CT
between Malta and Gibraltar, t1e condemnation Of the
utp at Trieste and the confinement OF the minis o. or
agent In an Austrian prison. soin the late between
Great Britain and France, the one hand, and Ruftia
on the cher Rus ian minister going from Hamburg to
Washington In az American ship, might have been
brought 10 Portsmouth, the ship might have been con-
demned and the minister sent to the Tower Of London
So also a Confedersts yessel of might capture
Junard steamer on s way from HALIFAX 20 Liverpool,
on the ground Of is carrying dispatches from Mr.. Sew.
ward to Ne, Adams
In view therefore of the principles sssrt
ed by Mr. Seward and the consequences they involve,
Hgr E,jes.ys governments hiHk il necessary 20 declare
tina. they would rot acquesce in the capture OF any Bit
ian merchant ship in circumstances similar to those of
the TreLt aud that the fact CT its being brought before
prize court though would alter tls character would
=. .ha u-ari.r ~ thn nfanna anainst the |. of