The New York herald., 1863-09-05

=&-azA
OF the United States trade between her own colo
mics and the United states be fessea by restrictions
conditions inconsistent with tue tci,iea Del HeeA the
United states and Great ran and repu nant to nterna-
tona law Her Majesty government expect therefore,
the President in the exercise d his discretion, viii
prohibit tho imposing OF al. such restrictions and condi
tons have been complained oi IN the prevent note.
TO this Iptc Mr. Seward returns the following reply -
MI. SEWARD TO TIE BRITISH cH ,a6x.
After Considering the arguments oi Mr. stuart ,n the
most careful manner. u is not apparent 10 the under
signed that they nvaldate the act of gcss the sub
nee o. nlch ms oeen iecit.o By theiaw o. notions
every state IS soverega over It's own Citizens and stran
ers residing within It's limits its own productions and
fabos and ils own ports and waters and s highways,
and generaiy within all its proer Territories. II has
right TO maintain that sovereignty against sodi.
tion and insu,recticn ty civil .preventives and
penalties and by armed force, and it has right
TO interdict and prohibit within it's own bor.
GERS exportation or its productions aud fabrics and
materials and mutations and any Other form of aid
aud comfort II has right within its Jurisdiction
20 en- poy al the means necessary to make these nro
nons eleclive II does rot appear 10 the Undersigned
hat tie United States have surrendered this right by
the convention between themselves and Great Britain
article q the convention OF 1916 British merchants have
liberty fully and freely to come With their shirs and
Of tho United states ami 10 be protected in their com.
merce there but this right expressly restricted TO the
are permitted to enter and which they arc permitted
to reside and trade and they moreover expressly DO
cared while entering residing and trading in such ports
statutes G tso e su0sS s BY the .aG hrS nTs srco inS
OF the convention Of 1875 it is stipulated that prohibitions
Of any articles the growth produce or mcnuracture OF
either country this stipulation however, Is not absolute
but only stipulation that any such prohibition shall ex
tend equally TO all other nations as wei MS Great Britain
The law OF Congress to be free from the special
objections which are raised by Mr.. Stuart It docs
connne its prohibitions or It's requirements to British
vessels trading between New York aud the ahanas but
applies them 70 all vessels Of al nations, including tho
any other part Of the world The prohibitions and
requirements are not uncertain to the authority which
rescribcs hem or the form OF the prescription but they
declared promulgated 10 solemn enrichment by tho
Congress OF the United States The conditions on which
s ana are suspended are not
pendent on satisfactory evidence Of asceranabe facts
They involve no question Of neutral rights because
neutral has Or can have right moro than citizen Of
the United States to DO an act within their exclusive u
rsdction which forbidden by the statutes laws Of
the country. Tho act has nothing do with the block
ade Of the nsurrectionasy ports because confines ts
prohibitions and requirements to transactions occurring
actually BY the rned states and under e Se
nnguestioned protection And control. *
Fully admitting the principle for which Mr. Stuart so
ons and laws Of the United ass Which, sS act snsc
commerce must not discriminate TO herreudice OF Great
suposrg that the principle violated in the regulations
The instructions Issued on the 4th Of April and tho 18th
within geographical limits which leave freedom Of export
to moro than ono half Of the world may furnish
ground FOR execution But the prohibition applies to all
American and all foreign merchants vessels and cargoos
ms well As 10 thoso Great Britain ard TO all the States
which are situated within the assigned limits well
10 British dependencies situated therein II understood
to be an accepted maxim that law reaches effect
beyond the point where the reason or the law falls
especially f the law extended should he productive Of
injuries without object and without compensation and
benefit There is not the slightest suppose
the insurgents Of tho United states could in any way do
rive benefit from the expectation 0! anthracite coal to
Archengel, or to Shanghae or to Japan Nor is 1t mani
not In with other naons their merchants and
vessels derive benefits and advantages from the exports
permitted to all ports OF whatever nation, beyond tho
m atvnnd 40 h0 Unff
theless, tho President, desirous to all pos
sibe grounds for msconstruction has directed that
that the case win stand altogether upon
the act OF Congress ard the general instruction
the special proceedings Of the Collector ot the Customs at
New York which complained Of the information rre
sne vague ana uncertain there
ton that he has in denied clearance
bond which involved any infringement Of tho law OF
Congress and the regulations Of the Treasury This
government will cheerruy examine upon It's merits any
case Of infringement which may be presented TO it, and
will promptly render the rcdress which sha be dne
the complaint should be sustained will further cheer.
fully instruct all its collectors that performing their
but the spirit Of the regulations the Treasury and or tho
act Congress- 30 ~ TO make no injurious nvidous
DISCRIMINATION TO the prejudice OF Great Britain.
Earl RUSSELL In his despatch 10 Lord Lyons of tho nth
Or December replies rtam to the arguments adv.ncnd
me S6EEidsion come 10 by her Macetys government
Ssss sn' ra"s ses mater ss x. as % g ss @ s s
aaEd g n e,1 A Se rsaa a; e.d;a 70 the 5,l Ws
fnues mas Dcon attempted TO disguise that violation
o. treaty under precnce OF the right Of domestic cesa
atiou Her Majesty government, however, contend that
the case is not really OF domestic legislation at ALL
but one In which the forms OF domestic legislation have
been made subscrvient to endeavor control par
cuar branch Of neutral trade carried on not within
tho territory OF the United States but in the proper terri
tory Of the neutral Power that h in fact as 70 such
British goods have been stopped in ransf from Great
a anan 70 the Bahamas an embargo for causes not sti
fu exports from the United States denial OF the CON-
mercai intercourse Euarautecd By treaty. EXCEPT
terms TO which no independent foreign nation could con-
sent without compromising the rights of neutrality and
her own sovereignty within her own dominons In Che
draw distinction between the actual proceedings OF which
her Maestys government have complained and the ab.
cd States treasury with which her
have no concern except so far as they may be made
the preest for any violation Of the treaty rights Of this
processing to be as TO tho former yet but mrcrecty
Informed. Her Msjcstys government do not conceive
especially after the broad and general contained
In Mr. Barneys letters. The distinction. however, now
the proceedings the New York Custom House
te Bahamas trade have not been hitherto or
condemned by the United states government the remon
strances OF her Majesty Government may n.yer,beiess
have the practical eject OF preventing Continuance or
which British trade may be concerned
hr. Seward comments this despatch at considerable
length and says he must again declare that he unable
any evidence whatever that the OF Congress had been
administered 30 as 10 apply invdiousy discri
minatngy against Great Biitain.
Mr.. SEWARD TO LORD LYONS.
DEPARTMENT STATE, WASHINGTON. Jan. o, 1853.
The undersigned, Secretary of State oi tho United
States has submitted the President the copy which
delivered by Lord Lyons to the undersigned of tho
despatch OF Earl Russell 10 Lord Lyons the date Of
December IL, 1852, and which contains review OF the
note which was addressed by ne undersigned the Hon.
William Stuart, SC. on the Sd day Of October last.
Earl Russell continues discussion which was opened
by Mr.. stuart concerning certain proceedings OF Col
lcctor Of Customs NJ New York which said affect
British trade through that port with the Bahamas
The undersigned finds no occasion for maintaining 70
broad proposition that which IN me sort attri.
butcd TO him by Earl Russell, name that no - what.
ever done within the territory of tho United and
authorized by Congress- be with the On.
gagemeDts contained In the treaty between the two
countries which concluded IN the year 1915
1ho undersigned has intended simply to insist that Con-
gress may, without violating that treaty. direct within
the Jurisdiction of the United States any modification u
commercial intercourse sary In state OF civil war;
which not being In violation OF thc law ~ nations
scntal to the public safety, provided that u imposes
prohibition upon subjects OF Great Britain which is not