The New York herald., 1863-09-11


ANY other rule would he absurd u will enough 20
sall sea Ike the Ely ng uuchnan The boI,ser
on must De aoe 70 touch he lnd and that Ia lis own
This proceeds on the idea OF civilized warfare that some
thlng more than naked the cOmph to
ness o. capture According 70 tho earlier rule trans
mutation OF property Wa accomplished by the "psruoc
tstion o the captured ship thin the port Of the bel
hgefent or as was called d. lco mira prast1,o As
early as l4ls under Henry W Of England, the was an
aet OF Parliament requiring prvateeTs TO bring thor
prizes INTO port OF the kingdom and 70 make declarA
ton thereof 10 proper officer ore undertaking dis
pose Of them but the modern rue an
cheek upon iawess violence by requiring The ocudemna
ton o. competent conrt This rule which among the
most OF the British Admiralty, M be found
IN the famous letter OF Sir William Scott and Sir John
Nchol, addressed TO John Jay, follows"Beore the
must DC regular judicial proceeding, wherein both par
ties may be heard and condemnation erofrom prize
and !. , SSSns S The 1.. s q S,.Sss
- well as English. Indeed il In part Of International
law seizure regarded merely a. preliminary act,
sno S s'is sSssa q
concentration by competent tribunal ls necessary
sS ssss s s ISL
pery OF neutras is involved this requirement becomes Of
sosointe importance. In cOncedpg bclgeeDcy all the
customary begorent rights with regard TO neutras
conceded also so that the concession puts In jeopardy
neutral commerce But without dwelling on this point,
content myself with the authority o. two recent French
writers. Hautefeuile, in his elaborate work, says
cruiser not recognized tho proprietor OF the OBJ
css seized but he s held to bring them before the tri
bunA and obtain . senteuce declaring them 70 be
prize And later writer, n Eugene Cauchy,
whose work has appeared since our war began
rays, "a usage, which evidently has It's source 10
natural equity requires that before proceeding divide
the booty there should be inquiry regularity
enemy should be carried before the Judge established by
tho sovereign OF the captor' But the power calling
itself bsligerent cannot comply with this condition;
mas NO port into which u can bring the captured ship.
and no court according the requirement OF the
Admiralty, with "a regular judicial proceeding
ticn 70 dispose Of ship goods prize. whatever
may o. ts foce 10 other respects, lacks vital ele
msns % ocsaa In that semi sovereignty
provision for tho administration OF Justice without
which there Is nothing but mob In that same semi
vision. II will not be enough that there should be ships
duly commissioned take prizes, there must also DO
courts 70 Try them and the latter are not less important
Lord Russell himself, Who so swim 70 make this
cncesson has been led to co.isss the necessity Of p zs
pose the Irrational character Of bis own work. lot
Tor 70 the Liverpool Chamber OF Commerce. dated
cargoes, the Minister saysThe Of any British
property not being contraband OF board federal
vessel captured and destroyed by Confederate
war may claim In Confederate prize court oompensa.
tion for destruction OF such property" But there be
no prize court then justice must and with this failure
tumbles In fact the whole wrsched pretenson Of
begsreucy-except in the gavanism OF . Queens pro,
ciamation or a Cabinet concession.
n cruiser may at any time burn prizes, II 10 only be-
Of some exceptional exigency 10 particular
and not according TO any general rule The general rule
there be no port toto which may DO carried The riah,
Of capture and the right or trial the compliments OF
each other-through which harsh preroeatve is
supposed TO BE- rounded into the proper form Of civilized
warfare Therefore ship and cargo burned by the
captors, for the that they had port, esaes
the ocean which Is needed In tho OF bel
ligerent jurisdiction and that they are not ocean
Of ss m .S @ Po~sq % spe'S when ss
precpltaie concession OF false bcligerency fur.
nshed the torch. A. well inyes, the rebclous
raahs OF India, who have tasted salt water. with
this prerogatve, that they too may rob and
burn, well constitute land locked Poland. now
indie pcudsnce. belligerent enroll noun.
switzerland in the class join with shals
pear in making inland Bohemia country with hospitabie
ports on the
TO agsravate this concession Of false bsgerency the
shps all built rgged, armed aud msnned 10 Great
Britain IL is out OF British oak and British iron that
formidable with British arms; supplied with British gun
and navigated With British crews. TO const
tute In al respects British naval expedition. British
ports supply the place OF rebel savemongsr ports Brit
ish ports arc open 10 them when their closed
British ports constitute their naval base of operations and
supplies. furnishing erythng needul-escept an officer
the ships papers aud court FOR the trial OF tho prizes
each OF which essential TO the legality of the xJedo
And yet these same ships thus equipped 10 British ports
port the pretended sosernhasnV
whose name thsy rob and burn--bsing simply a rio
taken out a the side OF England contributed 20
siavenonxsr rebcon-recsive ,hs fuvthsr passport of
BELLS from the British govcrnmsnt when fact the
beeerency does exist The whole proceeding froui
the laying british dackyari 60 hs bursting
flames OCEAN. . mockory u internaiioua Ias
and an insult 70 . friendly Power
1he csss somstmss said q be now but II Is nov only
pasmuch such 'psyrcide' provided aginst IN cr.
prese terms H anticipated But the principles
which govern are ~ old - justice aud humanity, ia
the interests H which bsllisersot rights said
coocsdsd. Bere s slI reversed and 10 apparent
that whatever may have been the Of tho Britxh
government. beiserent rights have besn conceded
in the interests of ustcc spd inhumsnty Burning
IL such case 10 mol condemnsd by issrr.s
national lag, then has this aw lost lis virtue
ci such cruisers by whatever polite term most peases
ihe and YOU do not onange their character with their
without home and without . legal character.
they are mere yps,es Of the by Their criminal
acts have become distgrbess Of tho common highway
outlaws and enemies Of the human race
hut there pfecedcnt which shows bow impsssibo
pre.-pas Power w,,nou. single port, "a pos
bcgercnt rights the ocSsn aud how .mposeibe
Tor the ship VI such pretended POWER 70 be anything
but elon SHIP Jsass u. cs England after he issd
ceased to be de fado King and while he Exile
without single port Undertook 10 ,ssur lrtteva Of
narque. Il vas argued uuan.wsessy bsfre The rr,vy
aims de Ju,e Of depa~ed Dripcs be could n6s rscss
from any other erelgn dissernasrnal privlasrS-
Of q single nation IL would N effect Se Stms1I
license 10 piundcr, because tbre bo wsSe sd<1nsis
sioned would be their own udges Of whaeyss@os pyAs
and that the Of the thing whe Sdncs6 thsi
robbers aud pirates ~beu they orms3 themsetys inta
civil socety became just eDemies prosounced sao su1l
King without territory without power ~ protetng the
Innocent puuishing the su,ty or IN any way o ad
mn,stsrinG justice, dwindie into pirate he issued
commI~ons 70 seize he soods and ship q uaisoes Ard
that they who took commissions from him upst be- held
ny legal inference 20 have associated sSsris oasr and
could not be considered ~ aepbes e',l socety."
These words strictly apreAbis 10 the rrsseot
Whatever msy be the force Of the rebel sisy emonge
lasd they better tho tban tho .drpJsei
ptince ''s lhout power OF protecting the innocent or
pubishing the gsy or IA any wsN OF admins ering
tee" and, Ike the prince, they too. have "is melted
inio pirate, ,"exeept 20 far % they may he sssiged
by British recognition.
AUD there - yet npoIher pre- saeni ~heh shoss that
the apIfe eprailon q cap. red ship cargo, wtbos.
dciai proceedings, = piracy The cste y memorable. IL
otber tbat oi the famous captain KIDD. who
cn hf nfismcnt Tor piracy, - iOng asa ~ lfss
dscod cosnfniss ot N ~ iiih alton Bnt II
cisrsd thal 10 nat ennigh 10 show e0mmissGn
D. aiso show sonDaiDu % IA. captured ship
fte lord sbie Baron o. that day sAid ihat 30 he had
acted Pursuant ~ bis CoInuuissn he ought 70 have
Jtmrcd ship and soods that by rot condo them
showed bis aim, mini aHd la,snt' and that he did not
s IA that by viftse Of h c"nmssi but quite
sry 10 ~ that he cg The shp aud gbai 81 the money and
gocd, and was taken ia thai sery ship W that there
color prtorce tai "a intended ~ rIng bs IA u tss
land 10 b. condemned ~ 20 have ,ldenned Ia any of
th. trgll-b plantations and that whilst mon pursse
iheir commissions th~y must be ystbed hut when tbsv
DO things not aaisoi'zcd or Attended by them i
vas AZ tbey had 10 comm ~s;on.. tsptsiD kiod
conaempcd 10 death and executed a. pirate. h~