New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1863-04-21
EARL RUssELL,s OPINION.

Earl Russell is coming to his senses. Hlther-
TO the British Government has been so much
absorbed in passing events that it has forgotten
TO remember the possibilities of the future.
The Foreign.0flice at last recolects that the
instructions which are commended to US may
yet return to plague their inventor, and Lord
John makes haste to confess that the principles
on which England has always insisted. and to
which she may hereafter desire to appeal as a
belligerent, must control her conduct also now
that she PROCESSES what 10 called neutrality.
Hence we have il the important letter which
we print this morning a complete recognition
of the right of seizure of neutral-that Is, Eng.
,h-vessels against which there is reason
able presumption Of an intention to break the
blockade or carry contraband of war to the
Rebels.
This opinion of Earl Russell, which comes
in the shape of a letter to Mr. Gourlay, was
apparently given with direct reference to the
somewhat famous Peterhof case, now pending,
and does at all events relate 10 and cover the
questions therein involved. That vessel being
bound TO Matamoras, was seized by Admiral
Wilkes on suspicion Of intending to break the
blockade, or of having on board contrabaud Of
war for the Rebel market, whereof Matamoras
is one principal entrepot Earl Russell now
saws, in substance that this aud other similar
questions must be left to our Prize Courts for
final adjudication. The Peterhof must take
her chance under the forms OF Judicial pro-
cedure. Nobody seriously doubts that she
was engaged in an Illegal venture. II legal
evidence OF the fact is to be had, she will be
condemned; otherwise she must be released
with costs and damages for detention.
The possibilities of war which The London
Times had managed to discover in this case
may now, we suppose, be deemed to have
vanished; and with them depart also let us
trust, the timid scruples of diplomacy which
have once interlered TO arrest the ordinary
course Of proceedings in the Prize Court. The
right TO open the mail or any other letters or
papers on board suspected neutral, in order
to establish her character, is 80 clear that it lie
necessary to suppose that the hesitation in one
Department at Washington was due to doubts
Of another kind-tO questions OF policy, and
even to appiehensons of irritating our amiable
British friends by scrutinizing too closely their
dealings with the Rebellion. We take it for
granted that Judge Belts, having now the
gracious permission Of Earl Russell, will not
be obstructed by the authorities OF our Foreign
Office in the regulation Of the practice aud the
decision of legal questions properly arising in
his own Court in cases Of which he has full
jurisdiction.
Lord Russelrs decision 10 Of wider applica-
ton and more general consequence than seems
to be suspected. Under it, the feet OF
Admiral Wilkes, il numerous enough, and un-
checked by interference from Washington, may
practically blockade those British ports wheDce
the trade to Vera Cruz and Matamoras has
been hitherto pursued. The enormous freights
Of arms and munitions Of war that have been
openly carried in so-called neutral bottoms,
under the English flag, will henceiorth BIO sub
jet to far greater risks Of capture and con-
demnaton than while the admission Of the I'M
restricted rights of search and seizure was with
held by the British Government. 1t will not be
possible to prevent it wholly, but We look for
increased vigilance and more numerous cap
lures, and such an enhanced percentage Of
risk in this business that it shall deter many
from attempting it whom no considerations of
its shameful character have been able TO
restrain.
1t is not to be supposed that We owe any
thanks to Earl Russell or anybody else for this
declaration. England makes it solely because,
on o calculation Of chances. she considers she