The New York herald., 1863-10-28
THE LAIRD RAMS.
Does the Present Seizure Ensure Their
~ Perm aaent tenti0nt

4&46 AAk1A&sW AsAAAAs~s
~~>o.~~~>~.>~~S~~~~Yc~~
Does tho Present Seizure Ensure Their
~ Perm manent DetentiOnt
From tho london Times, Oct. l3l
1he controversy respecting the iron clads IN
the Aersey has at enth been put the way of definite solu
ton The broad arrow told, has been marked
FORE only be OF the attachment by Of
law In what decision that course may terminate II Ia
case sc tried and e ,ohos quesicn argued on Us pro-
per metts Enough however, appears to have been
intengble and to define the positions occupied by tho
several parties TO the transaction.
The federal and Confederate States OF America are ei
gere,1ts neusrls. II 10 urged upon govern
by the federal representative that these vessels in
the ersey destined for tho Confederate service
tba. they ought 70 be stopped. To justify such proh
bion therefore, It would have to be shown that the al
legged destination the real one and further that II
was an unlawful destination Te first Of Mese questions
Now, as regards the law, 1t seems 70 be ad.
miHed Mot reutrck may supply 6el'gerents Nth
yet commit no breach OF neutrality. The only con-
ditions to be observed 10 such dealings that the
tomAry trade and should give TO either belligerent
an advantage OF paray or favor Keeping these rules
view any Bssn SUB oc may sem S,sner guas o. sn,rs
fence. sts. ~. 81 tlo.l
But these admissions presume that the bargains shall
goods supplied for expectation aud delivery at tho
ports OF the belgerent purchaser We sell guns powder,
ties are carried across the Atlantic to New York,
and there landed for the use OF the federal
government. similarly. whom ws sell ships OF
mens delivery is made these vessels at the ports OF
the purchasing sateat Alexandria, Cronstadt or Con
santinope, as the case may be; and If 1t were under
STOOD or could be reasonably assumed that any vessels
built order Of the Confederate government would be de-
there taken the Confederate SERVICE the
action would be perfectly lawful II the ships left
and
val at such points their equipments. armaments
and commissions, and were then despatched from
the ports Of the beigerent on the work OF war, II
would be impossible 10 impeach the part played BY
the neutral shipbuilder in the proceeding His trade
would be just allowable that OF the neutral
founder the neutral sword cutler could any
plant be sustained against the neutral government for
permitting such transactions. fnf.
Bw ne transactions in question are not of Mis
character. What is suspected Of the iron clads the
Mersey is that they are designed to follow the Aiabsma
and to become what the Alabama is known TO be- Now
the Alabama though cruiser In the service Of the Con-
ledcrate government, oas nerer portd for delirey at
mission and proceeded 10 act against the enemy suiM
out err hacing touched Confed rate territory al cH
II, therefore, these iron clads do same one
two things must happeneiiher We the neutra's. must
have provided them with their equipment, In which case
We should be participating in the war; or the begerent
purchasers must have done in ports ard therefore
made neutral territory the basis OF hostile operations
If ship leaves British waters in condition to act at
against enemy It is clear that those who conduct
her are dong Just as much ourselves could do il
the belgerents, and not they. It is equally
clear that In doing this they exceeding their rigbs
u IS not iuwf fo, nsurais % cup vsse 1r aco r
belilever tits not lawful for belligerents 10 equip
vessel Of war from neutral port Yet, IL { csc sus
perre bepclads really destined for the C1tsdsraie
setvq and not destined for Confederate port. bow 40
tHey toescape the character which their destinaton
would be thus redlcedy -: IL. Il n Z,
Is competent t1 auy shirbuilder whose procesftn@z
may have igen under suspicion 10 say that the ss,t
is unfounded and that his goo.s have been really BE-
SPOKEN by n lawful and I'M ocent customer; but that
plea, If sound could of course be established so plainly
to preclude any further dispute. IL would be
competent TO a builder to say that he building
vessel for beligerent, but that such was his
lawful trade and that lie had with the bar
gain after delivery to the purchaser But this PLATA
ment has not, far know, been put forward on
behalf OF tho vessels now suspected and il Is impossible
to dismiss from minds the notorious precedent the
Alabama In short, assuming that the alleged destination
OF these iron cads for The Confederate service be
ly established, the law applicable to the Alabama
would be applicable also TO them, and one OF
two things would be beyond denal-eiiher the
detention OF these steamers is justinabe. As
matter Of TACT however, we know that the departure
ties in the business as lawful or unmpeachabe proceed
ing Those who took her TO smugged her port
false pretence. Those who had their eyes upon her
and who suspected her errand were only rom
stepping her by accidental mpedunents. Had she re-
mained twenty four hours longer IN port she would have
never been foked upon anything but q
successful evasion Of the law II concerns us
and that is why the public has felt a species
OF satisfaction in the detention OF these now famous
steamers II not for u.s. nor for any one 10 preadge
We only glad to mud that this hearing is now
secure, and that he suysced ress i either iace IN.
should Ike To irJuiide sanding tody and open
" upon hsfr claims neutral traders The trade
is no reason why government should trouble isS Itself
with "anxious inquiries" II wrong. what is really
usiawia should not be left practicable by evasion.
A 10 the expediercy or inexnedency OF the law
stands, that is another question altogether We
concerned only with what with what ought to be
n due time we shall learn what s the case for the
cution aud what the for the 10 endants whethr
suspicious VII have prevailed 10 the matter lsoua
by entertained or whether even In such case the ven
ture is actually un wful venture questions be
decided be.e fter without prejudice or bias. In the
interval we know only this, that certain vessels SIS
pectei OF destination like that of the Alabama will
be allowed 10 slip cut as the Alabama did.
From the London Post governments orgau) oct.14.
Section seven (of the Foreign Enlistment act) is
the cue which bears upon the question o( Mr.. Lairds
rams The ength intricacy ambiguity OF this section
opposite constructions which have been but upon t. the
less stringent one ~ coptended being supported by
the general scope and character as well the specific
rules Of our legislation. s also urged that the dis
tincticn between the admitted right Of tho subjects
citizens Of neutral 10 soil SHIPS for purposes OF Dy
carrying them to the port Of one beeerent for SALE
sabect only TO liability q capture by the other,
aud the disputed right 70 let the beigerents agent
come TO the neutral's port TO buy them and fetch
them Just he may buy and fetch away arms and
oil other conraband, is simply absurd, and distinction
without difference To admit that the subjects or ct
zens of neutral may carry ships for purposes
belserents ports for sale that they may carry arms
ammunition aud other contraband there for sale that
away from Neutral port and all other contraband
except ships and that these be must not 10 pgr
chase and fetch away but must have them carried homo
to his own ports, seems, II is contended, quite pre-
posferous. Such are OF tue important
POINTS, FONTS which the case Of the Merey rams =
should be satisfaciorily settled. The question
viii mainly turn upon the words uih intent, or,r
thai the ships ia question be used for yUpos>s
ne srr,cc Of cns beiior.Rt cgdiRs Gnoher lhCse who
support the construction OF the act most favorable % the
trade ships urge that the builder aud seller OF
ships TO bgerent builds and sells them with the sole
"ntcnt,V and solely sin order" that he may make his
proat out OF bis trade and that In tho which tho
terms are employed In the act those who dt and
equip vessels u "with the intent and In order
that they are TO be used FOR the purpose specified
those and those only who. beng sub o England,
intend also TO 60 out IN the ship and help fighting her
themselves
MIR. Mason Again In London.
The Paris correspondent OF the London Telegraph, writ.
ing the 18th inst, says:-Mr Mason, II IL said TO
night has back TO London business relative
10 the seizure OF the Confederate ships.