New-York daily tribune., 1863-09-11
V.-No CONCESSION OF OCEAN BMILGEREyCY
WITHOUT PRIZE COURT, ESPECIALLY TO REBEL
SIAVTMONGERa.

A
SLAvEMOHGERs.
Too much have spoken for your patience, if
not enough for the cause But there is yet another
topic which have reserved to the last because logic
ally II belongs there & or at % casa h cad ne oess
It's Immediate practical interest Is greg. refer to |
the eoncssiOn Of Bigrent Rights being the first stage
to Independence. Great Britain led the way In
acknowledging the embryo Government Of Rebel Slave
mongers Begerents on sea as well as on land and,
by Proclamation Of the Queen, declared her neutrality
between the two parties. thus lifting the embryo oy
ernmcnt of Rebel Slavcmongers, which was nothing
else than organized and aggressive Slavery. to an
Equality well as on land with its ancient ally
the National Government. Here was bunder II not
crimo-not merely in the alacrity with which il was
done, but in doing it at all 1t was followed Immediate
y by France, and then by SPAIN Holland, and Brazil
The concession Of Beligerent Rights land was only
and nothing more; therefore say nothing about
IT, But the concession Of BUgerent Rshs on he
Ocfan IL of widely different character. and the TWO
reasons against the Recognition Of the Independence OF
the embryo Government applicable also to this con
ccss0n. Firsi. The embryo Government has no mart
time nard Bellgerent Rights de acto and secondly
an embryo Government Of Rebel Sayemongers cannot
have the character de ao which would justify the con,
cession Of maritime naral Belgereney; 80 thar coua
the concession be yndicated on the first ground must
fail on the second !.
The concession of Oc,an Bei9erency is a Letter OF
License from the conserving Powers TO every slave
monger cruiser rather is the counterslgn VI ,ese
Powers 70 the commission Of every such cruiser Win
out such counersign the Slayemongcr cruiser would pe
an outlaw. with right 10 enter single foreign port
Tie declaration of BeliGercncy gives TO hn egai com
petency and admits him 10 testify by flag ana arms
Without such competency he coIld have no nag ana no
right to bear on the ocean. Burke sentenonsiy
describes it as an internediate treaty na P";s =;
rbsls in possession Of the Lac Of Nations" And tins is
plainly true.
The magnitude Of this secession may be seen in three
asneets tra in tie mmunities which IL confers; put
ting an embryo government Of Rebel Slayemongers on
an Squaiiiy with established governments. making It's
cruisers lawful instead ofpTatical ad opening 70 them
boundcss facilities and in port so that they may
obtain supplies and hospitality Secondly IN the
degradation TINT istens upon the National Govern
ment, which Is condemned TO see us SHIPS ire'.a on ~,
tho inst rule Of "neuirlllty" between Bclligcrent
Powers called in 10 fettcr its activity against giant
felony And hirdiy IL may be seen in the disturbance
commerce which sanctions by letting loose lawess
sea royors, armed with Beligerent kghts-includng
the right Of scsrch-whose natural rcckessncss Is eit
= unbridlcd, and without an! remedy even IRON dlp'
omatic intercourse. Tho ocean is n common high.
way; but this account is for the interest o All
who share H. ;hat IL should not be disturbed by pre-
datory lostilitics Such concession should b. made
with thc crcaict caution. and then only under the ne
ccssiy Of tie case The overwhelming authority oi
n, tacf ior. fom beginning to end Il simply ques'
iion Il fact absolutely dependent on those CONDITIONS
and prerequisites withota which Ocean Bohis'Teh'y
y hs a general rule Beligerent Rights are conceded
Only whore rebel Go, rmeni, or ,onicnGIAg party IN
u "A civil war has acquired such form and body chat Tor
tie time being within 90 tain limits II Is sovereign ~
fa,'o 30 far least 10 command troops and 'o I'D
minister justice The concession Of Beg,r,ncy Is th'
recognition ~ such limited sovereignty which bears
the same relation to Acknowledged Independence as
fisc bears "a bone. II j. obvious that su'h s"'ef
.rnty lay eaist de Jlcf0 Land without EXISTING d
, |oeio the II may prev all IN armies ana le
e m In nayics In short f aci may be one way on nnd
10 and the other way on Ae can II be inf rrod
on the simply from is existence on ~" Iaud
since every concession l. adverse 20 The original Coy
ID eminent AID j. made ory under the necessity oi th'
= ease n musi be carefully limited 10 the Se;sd! Jao In
deed Nf Gaming who las shed ~ much light on thcs'
"a topics. openly to.k ground that Dlscrcncy - no, s'
much a principle a. Jso. And Tie question ths'
triscs whether the Rebel >ayemongors haze acquired
such d, aco sovereignty TIE ocean - eAiiiies them
/. Ocean licnigrrcui righr
all Ers that the Rebel Sascmonscrs have not sing
pm hch .sn legal cruisers can take ihclr iri]
e for ad.udcaiioa, and fcoNs, ih.i tl' sN,l~ nn',
N now presume io 'fcrcise Ocean be.AfereHt rghis
n ihc nafuccorftituirg The Rebel sla'cmons"r navy
d which member of the bfiiish cabinet said as 10 %
q cr.aisd"-uerc al created n England. which 10 ~
j, ssrs! bl from Witch they sally ior,h their prca
n i0ry cruise without once entering I-rt oi iAelf o"
i pretended Government.
fret attaches absolutely g. the pretended Poaef rerder
rs IL inconl~,en, to exercise Bsss"sa -r'.die9s oi
Tho second attaches o tho indNdgal shps
rendering them lfaicai HGi these slmpc and unques
onablc facts, tho hoy to unlock the present que-
a ton
r. yr- The reason a. the case there can be- Occar
r,llg,rcut without por into sllch i eau tai. 90
- Irisos. Aus "ii'r rtls ~"n4d 10 "st"fd' ~ vi" ~"
. bc enough 10 AL The scn. hte TIE fyinE Dute hnhn
tc Occan I4ligcrcnt must be- able to touch the and
:. ard that lard IL This lruc'"ls on the idea u
civilized warfare that something r0rc tlaa EGkss Joro
:, c-tcltia to tic completeness oi capture Accord
~ o. The EARLIER rule. rAnsmuiiilnn oi property VA
accomplished by tie persecution of the captured
chip -iihln the I"rs of tho Bciiser'nt or - II wa
@ ., of % crc was an 1ci ra%c" @
rcqnrng pfiyaircfs bri-s her priiss tgo port q
= iis .insdor. anl Ia make declaration thereof 10
proper coz ifaff rraeffdaiH>' % diflosc of hcm
u. .ani.1f0.s faf-ffs Vol B. J. i9l) IAt o." modern
rule llerInsrs additional check upon Ia~lcss ,io
l'ncc By requiring The CONDEMNATION oi competent
curt Il4s fllc. which 10 among TIE most aihoiith
tive 81 The lrifish Admiralty. viii b. found IN The
famous ciisf ~ Sir william scott and SIR John Nicho
addrctaed g. John jay follows " Hc'ors hc sAP o'
soo8 be- difFoss4 ~ ~ 1c esfofs. there must De-
regular Judicial pr,ecrlilg ~Atiein both parties may
hr heard aud condemnation th'roifon as fIlke IN d
Court OF Admiralty JudginG by III" Ia" oi Nations
and lr'ailrs Aa 10 tAnlti hhi ithis rue j. rene
Il ns well ~ Englsh Indeed ~ T. lar ~ International
Law. 'fisGFf 10 regarded merely a. r,iniaors act
hlcA does NOT dtest tlc property horgh u pirayAes
tie lfit = tie I9lllrfoT. \ subsequent set u con
. drmnailun D., "a competent tribunal Is necessary "a
10 d,icfnlne II The seizure .s valid The question -
oompcAdiolsy called p'.S 90 Pr.e Where the prop
rty 4 n'LilaA s Involved ihla requirement becomes
+. 81 ib.n,qis Importance. IL conccdng bhrrfcncy, all
4 tlr customary brngcreni righs with regard IL nou
tfhls ar conceded also. 80 that the c"ncrlon puts IN
B. Jeopardy neutral commerce. But without dwelling on
ms point content m!s'lf with the authority OF two
j recent French writers NJ listrfcnil'c. in his clnb
ofaie work saws the cruiser j. not recognized as the
proprietor OF the object seized but Le - Ad 20 bras
"A "a ,f0rs Tie tribunal and obtain a secnss dlciarag
efs 10 b. Prise" (HhHfgsas H,' Dr0ns g d' uerof,
des Nations neHfrrs Vol III p ~ f2j. JJ2) And a
later writer N. Eugene tagchy, whose wolA hss up.
peafed since our War began. says usage which
evidently has It's source In Natural sqEiv requires that
before proceeding Ia divide th. booty there should b.
inquiry 10 The regularity Of the prize. and 10 this
end uery prize feH from orey sh0Hid b, odrrd BE-
IOrs ns JEdge sIbh,d by hr sorercgr Of fe cgp'0r
(CsnoAy Dto Maritime International Vol L. p %. o.
But II the Power calling Itself belligcrcn cannot com
ply with tns condition.; II 1t has no port into which 1t
can bring the captured ship and no court according to
tie requirement OF the British Admiralty with " "A
regular Judicial proceeding wherein both parties may
bc heard" Is clearly not "a situation 10 dispose Of d
= ,sP goods Prii, Whatever may be- Us force In
other respects II lacks vital element o Ocean Bel
gercncy. In that smi sovereignty. which constitutes