New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1862-02-12

dictp, est. ne qud eornm hostibus subminihlfchhsi
oria hs us nos mi uuC dammodo vicefemur ah4e7
iio~tris eelein facere. II,
TIE principle OF contrabgnd OF war IL mere clearly
explained and isinpossiD!e lnai men, or ui
=, ih 40 not come within that pru' ipe, can IA IN"
ems, he contr. aid. The lcnal'y o. hho"iibN
carving conirbsnd Of war Is, IS Mr. n ward staiei
rotiuc lass than tie couiscgtiou vi The sup; On1
Is ir,ossi'le that this penalty eau be incurred "hen
the neutral has done 10 more man empioy l"e''o
usual among nati0ns i'r n.lna.ning liz own leoleI
relations 81 i'h one Of tie .cligcrena. IL i oi ne
very essencs 81 ale definition vi contraband thai ,ie
articles shnnlG have a hostile, and not neutfa' oe'-
tiuai.on. Goods," says Lord Stoweh,t gong TO
neutral port cannot come under the description va
coutrablld all goods going there being equally Jaw
mi. The rule feepectirg contTaband, he adds,
" as have always under to0od 1t, u that articles
must be taken IN deiitfo, tie actual prosecution 81
the voyage o. an enemy port On WLat Jus pm
ctle can it be contendrd that hostile Geslin"u2h
j. les necessary, or neutral destination hoio ou
uoXious for constituting coutratand character in
the casc OF public agents dispatches, than ~ the
ease ii arms and ammunitonl 49,.
Mr. Seward seeks 70 ruppoit HE conclusion on this
point by a reference to tie wel-bro~n dictnm OF DIT
Will m Scott 10 the case OF the Caroline, mat you
may on the emil assadOr Of your enemy on his pa
,are:' and 10 another dc,um Of the same nudge, Ia
lie case Of he Orczcmbo, that civil fHctlondricf,
!! cent for purpose Ultimately connected WIN tlc
/ hostile operations, a. nay al nn"er me s''.no
rule with persons wnoso emf loymeh' Is ui'o''!
military.
Tiese anotations are az It seens to her Naiesiy's
/ Government irrelevant. The words OF Sir W. SCOT
nte in 10th caees, applied by ME- seward IN u seuse
/ different from That 10 which they were used' or
" lillian Scott does not say that an embassaior Sent
from II hellicersrt 10 neutral state may be stopped
"a con r7.bind while on his passage on board neu,
tral vessel belonging 10 that or eny other neutral
state; nor that ii be be not contraband, the Ot1ei
T. beligercut would have any night to stop Eig on
such voyage The sole object which Sir w sco.s
had in view was 10 explain lie extent and limits o
the doctfiLc Of tie iuyioabIlity II emUasshdofs, III
virtue Of that character; for ne Gays;
Tie limits that are assigned 70 the operations Of
war alnst them, by Nattei ana other Wilteie upon
there eubjecs are that yOu may exercise your ilSht
Of war against them wherever the character Vi
of no stiltv exists. You may stop the enDas.aiof C
sour enemy his passage; but "hen nc nag hriiyeu
and has taken upon him the functions OF Dir once
and has been admitted III hls representative c.atn'
ter. he becomes a sort Of middle man, entitled 70
peculiar privileges gel apart for the protection o.
The relations OF smiy and peace, in inalhiahhe
which sll nations are IN some degree Interested
There is certainly nothing in thls passage from
which an inference can be drawn go tOially opposed
"a tbe General tenor of the whole Judgment, a. thdt
an FnIassador proceeding TO the countr, 30 w 1lch
he is sent and board neutral Vefsel belonging
TO that country can Ice stopped On tue ground th't
The conveyance oi such an Embnssador Is 3. bFeaon
Of leutlality, which it must be II ne De coniiaOahu
~
his own oriuion merely, hut the doctrine witch he
consider. 10 have been laid down by wrltcrs OF au-
tboritv upon the subject. NO Wilter o. HuluoiNy
b. ever suggested that TN Euil a-sador procecdi
to neutral STATE board one oi its merchant sul
ia cont rabaud Of war. The only writer named by
Sir N iIian oft II Natte whose words are these:
.! On reut encore attaquer et nreter tes gehs H 6''
GEM de enncuil "paItOut on on In hberlc q OK
ercer des actes d'hosulite Non e.uement done on
rent uemeui refu-er le passage suN Ministries qu on
4. ..ftf.4 - L. Les
meme lie cntreIrenLent &c p-saer serei.hcn. CT
ssus rerri zion dams lee lieuX don't on 80 uaitie
And be nddf. ~ an example. the selznre OF a
French EmbaSl sdor, when passing through ne
dominiOns of Hanover during war between Entland
ana Ffarce by tie King Of England, Who VAS also
SovcrCi.u Of Hanover.
Tie rale. therefore to be collected from these
au'ho-ties IT, tina, yon may stop ~ enernys Enbns'
-adoy IN any place OF which YOU are yOlrsci the
Master, q IN any otAes place where you Lave q
: right 10 eXerci,e acts Of hosihy' lOuI own 'eiI''
tory Or riips Of YOUR own country, are places u
wtlch Won are voufs.lf the master. The enemy Z
0rrtory, or tie eneny's shps. are places III wni,h
YOU have a rignt 10 exercise acts 81 hostility. Nen'
iral sessels goilty 0f no violation Of The laws Of
neutrality, are place where you nave no h5hI "
exercise nct8 OF hostility.
II would bean Inversion Of The doctrine that En-
bassadofs have peculiar privileges 10 argue that hey
are lees protected than oiher men. The ygu' con
aiusion ~, thai Embassad0r sent To X neutral
Power b. inyioihble on the high seas, ~ VOL ~ la
neutral watch, willie under tae protection VI The
neutral flag.
The other dctam Of Sir William Scott, in the case
Of be Orolembo il less pertinent TO the prescni
ques,ion That related TO the case OF nenii?l shp
which, upon the effect VI the evidence gwen on the
trial was held rs he Court 10 have been eugaged
49, an enemy traufr ori to convey the enemys mil
pIy Officers, aud some Of his civil officers whose
duties were intimately connected with military
operations from the eneniys country TO one Of the
- ! L.. d ghf -.
= Of those operations, the whole being done under
% color Of Il simulated Neutral destination. But az
long ~ a neutral Government, within whose tern
torres 10 military operations are carried on, adj eres
to It's profession Of neutrality the duties Of civil
officers or a mission 10 that Government aBd within
lis territory canroi possibly be a" connected with any
a military operations, in the in which these
words were used by SIR William Scott az indeed ID
rendered quite clear BY the passages nready ci,ed
, from ir own Judgment IN the case OF the Caroline.
In connection with THE pant o! the subject C IL
% necessary t. notice remarkable passage in " p.
Seward note, II which he slys: assume, n TIE
4 present Gaze, what read BIlsh authorities, /,
E reaardod rs Great Britain ucrsCh true mainline
law fha the circnw lance tuat the Trent was 0r-
coed irom a neutral port 10 another neutral pou
dec 10. mostly ihe tiglt OF The L,g eni capture
. H. indeed the immediate and OstAslble voyage O
tue Trent bad been 10 neutral port, bat 10, uil
mate and real destination Go some pot of the enemy
z ler iiuicsty- Government might have been btttei
able 10 understand tho reference o. B-.ish authon
ties contained IN tins passage f. 10 undoubtedly %,
law % d down by British authorities, hat. II the
real destination OF ,hc vessel be hostile chat g. tc
the enemy or the enemy country, II cGnrot be
covered aud rendered innocent by i,.tous lcs.!ns
! iiOu 10 Il neutral Nort.
Bnt. If he real terminus Of The VOYAGE rc boua
foe 40 neutral territory, no English, nor indeed 81.
% her~Maleniy's Government believe, any Amer sr
] authority AN be found which has ever given
ooIrteuaucc % the doctrine b,i either men or die
patches cn be subject, daring such % voyage ard on
,-arL aLl.l- L..L-LLul AA-.L- L-lLn. -nro