New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1862-01-10

mere POSITIVE atsefb1on tnht the snip,
toiously having on board the rebel ems,aries, wss
pursuing lawful aud innocent voyage; but there ID
no specification OF the precise ground on which the
act in question is regarded violation Of iuterna.
ional law OF course, 1t is not afliout; for
eide can never be au afiront uGi vidua TO
nation. But pdbc report, authenticated BY the con-
curing testimony Of various authorities, English and
continental, forbids n to continue ignorant # the
precipe ground on which this act j. presented "a
"A violation of international law. IL was admitted
that United States Inan.oi-war, meeting Bri,-
ish mail steamer beyond the territorial limits %
Great Brit ,in, might subject her 10 vitiiaion and
search; also that the United States ship-o'-war
might put q priza crow on board Tue BRUSH
steamer, and carry her off TO port OF ne Uuiteu
States for adiudicalion by Prize cont there; "rl
that she would have no right TO remove ihe EMS
saries, who Were not apparently officers IN Tie
military or naval service, and carry lDem on a.
prisoners, leaving the sip 10 pursue her voyage
Under the circumstance, IN tho exercise OF q
lhelligeent right, the Br ISL steamer, with Ill on
board, might have been captured and carried on;
but ACCORDING 10 Ire British law officers, On whose
professional Oli ion the British Cabinet has acted,
The whole proceeding was yiuLed by the failure 10
take the packet into loit Tor condemnation. ihi.
failure has been the occasion Of much unrrOosrio1al
ohiurgalion; and it has Lecn cmphstiAliy repeated
thai It impossible 10 conscn. that The custody oi
the individuals In question should be dtteni-eh ny
u Navy Officer on biz quarter Deck 30 as 70 supei-
sede the adjudication Of Pile Court. It's ias
been confidently stated by an English writer, as-
s4miug 10 put tie case for his Government, as Ol-
lows:
suot 20 The rsht Of search that We seci 0H 70 ne
Meri.tf ~ EarIi gor, staad place Of Pfr cur
aud ad udco sword in hand with o. 10 sc in6eg on the
yers leos which u pars Of our tefit.ry'
Thus il appears that the present conn lHnt OF the
Rriti-h Cover meut il not founded The assump-
lion ty the American war steamer 81 the tel. -e.rut
rigLt Of search; nor on the ground that tbs night
was eNer,i,ed on board "A uuetrI vessel between
two neutral ports; nor That II wac exercised on
board Il mail steamer sustained by snbvtnIion
from the rown anA OF, cred In part fOm the Royal
Navy; uor that i eXer, iced IN case where tie
lenal,ies OF con'Taband couli lot attach but II IL
founded simply and precley on the IDEA that per-
otier than apparent Officers IN the military or
aava. service cannot he taken out OF neural mp
II the mere will OF the officer who exercises the hight
Of search, and without any form Of uial. There
fore the law OF nations has been violated, aud
he conduct Of Capt. Wilkes must be di-ayOwed,
While men, who are traitors conspiratois, and
rebels, all Ia one, are allowed 10 90 ifte.
Surely, that criminals, though dyed IN guilt
should 20 free, il better than that the law OF ma
lions should lie violated, especially in any Lie by
which war "a restricted hid the mood OF peace i
enlarged fOF tie law Of nations canuot be violated
witLout oveTtrnmg the pro ecti0n Of the innocent
90 well a. the guilty. On this general principle
u,efe can he no question. IL - bat Gn igstut.on
Of th.t important maxim, recorded IN the Latin OF
Fortcccre, % Better that many guilty should escape
than one innocent msn should suier, with this dit
ference 81 In the present ease lew guilty escaIe
while the innocent eysrywi ere ON tie tea obtain
new security. AID this security bccomos more val
liable ne triumph OF civilization, when a. l. conid.
cred that u long reiused, even at tie cfnuon
mouth. DO not iortei, sir that lie question IN
yolved in tbs conttorer .y Is siricNy 9assff0n y
fgg-pr.cscly like qu' siion Of tfc.lasu between
two pejghbors. The British cabinet began proceed
ings by taking the opinion OF their Laws sdsisols
precisely az an ndISiju begins Proceedings M =
suit IA, law 10y taking the opinion Of bic atIor-
ucy. 10 L.ake such question case ~ var, or
to sugrest that war u proper mode oI deciding A.
IA ,nllv TO revive In colossal PROPORTIONS, tue rV
plod,d ordeal by battle aud o. initiate those dafA
ages when euch preceding was openly de-
ciafcd TO BE- tbs bet and most Honorable mode OF
deciding even an ab-trac. point Of law. 1T WAS
a matter OF doubt aud dispute, saws an Early
historian. "wheher The sOG. OF "A sOn ought e.
/ be Ieckoned among the Children OF TIE isniy,
and succeed equally with their uuclr-. u t1sir
father happened 10 die " bile ih.ir grndiatner was
alive. An s--nbly was called 10 aehhemio on
tins point and it Was the general opinion that ~
ought To be RENTED 10 the examination and d.
G zion of Judges. Bot the emp-ror, following n
better oours aud desirons Of dealing bonor.tiy
with HE people and mobiles, nploint.d a." matter
! To be decided hy battle between two chami ions
fn similar spiiit has II been iattefly Ifoi o-.d,
aIuIdrt tie Htnazomeut ol tie dNih4ed ~ofiu, 10
withdraw The point e law, now rdi-ed by Great
III.
trial by combat. Bot the irrational anachronlsm OF
such proposition becomes more hagrGut iron The
Iac ODtistcLCy OF the party wnl,h mAAes ~ i0r IL
cannot he forgotten that, IN times past, oH ms iaen.
hooi pont Of lar, Great Britain Iersisten'iy held
An opposite ground from that which she now takes.
Ire BRUSH complaint seems % have loen narrowed
down To a single point, but a not - be dtgr'red
/ that there are Yet other POINTS on which, bao he
,hip been caried into port for adjudication, coutIo-
yerfy must have sriren. Not 70 omit anything in-
1t That Ina
among OILERS, have been presented In the case;
!. That the seizure Of tn, rebel omissaiies with
ont taking The ship into IOu, was wrong, srdsnhrh
as NaUy officer Is not entitled 10 eHtsttate himsty
| for JUDICIAL tribunal
O That had the rbip been carried into port, u
would not have been liable on account OF the repel
emi.sarios, inssmuch az Neutral ships are free to
carry AL persona not apparently Ia mo h'p'a'y Ut
naval service # the enemy.
3. Are dispatches con'raband Of war, 10 es TO
render u shp liable 70 rcizure
These matters shall consider in their order, CIV
ing special attention TO tie hrrt, which Is Tic plyol
OF The Bliieh plant l. IN tbs oi'eGshon shan
expose grievances which i were better TO forget,
be assured it il from no willingness TO awaken The
numbering animosiies they once 70 IG'lly arous
but einiIiy TO ex,iLi; tie proud poi ION Oh tlis
Question which tho United States early and con-
SANITY maintained. A qnestion Of international
law should not be presentcd On any mere grgH'
,o,afutq ad kOuiacQ. II would he OF llitc value 10
show that Capt. Wilkes was sustained by bntisI
authority end practice, ii he were condemned
Iy international law as Interpreted by his
own country. Il belongs 10 us now, nay,
let il be our pride, al my coat Oh ihdi-
,iduol ureposses,ione or tanitOry prejudice,
TO uphold that law in all it's force, Ar It WIS often
declared by the best men m ouf hisiory hhd Nus
tr,ed ty national ncts and let seize tie present
occasion 10 con ecrnte IT, positive and uueqniyocai
~. ,sccive from Great Brtain practical asfent too