The New York herald., 1863-04-22

The dispatches are contansi in mail under the OF
me me ros' Ohce department the neotral nation; bas
they are fnund and used evidence IA the prize covrt
How flundS ot omrss by order ter the ooeniny and
ms ecton OF the contents OF the mail. In many cases.
bnh in this oouatry and Ia England. dee at hes have
bten found ON board OF captu ed vesses, and the soo
q esth argued or raised 10 their elect as owl
aay quarter, OF the absolute and complete right TO
search for des latches through mails elncN here
conc siaL Of Dr. Phimore she learned advocate of her
Britannia Majesty In the office Of the Admiralty ~ the 10
on international law (3 Phil 37l.) such the
cus OF Sir William Scott, so long the official organ OF
Ata anita, 8 Rob 40 tho taro,na, 6 Rob 4o4.J That
schis reea ded by heyreat French writer the law of
nations as The settled doct inc of the English aw ID mani
fest from the language OF hauseeulc IN commenting in
hrs lea ned work upon the opinion n sir William Scott
"rhe opini OF Sir William Scott can have no weight in
my eyes. 40 the organ OF tho English Admiralty he was
bound 70 sustain the doctrines OF his country He has
clothed them with all he prestige OF hm learning and hts
talent. But adopt his system, all rrespondenco
would become impossible IN time OF war, between
nations remaining loyal spectators Of tho ggle EXCEPT
through the Intervention Of the begerent that most
powerful at sea- No neutral ship would to take
charge Of the postal service" why9 Because
me mall nigh. be opened and It's contents
right conceded without complaint but upon the
doctrine Of the English law established by Sir Wm
among the dispatches and thus compromise her safety"
MT Upton then cited the provision OF the fifth section VI
papers found on captured vessel T. BE- sent in
court the circular Of the Navy Department dated
%scn a uas @
found on board captured vessel SHALL in tho discre
on Of the United States officer 20 whom they SENT be
delivered to the Consul other representative Of the
foreign government to be opened upon the understand
ing that Whatever conraband important evidence
concerning the character Of acaptured vessel will be
mitted TO the prze court" the innocent matter
warded TO it's destination Mr. Upton oontroverted the
the papers captured vessel were found TO be fair
and correct on their faco 1t was not lawful TO
papers evidence and he conteuded the precise
reverse or thus doctrine had been established In numerous
Wherever the h wss
without Imitation and one Of the elementary principles
Wna the law ss, o. ~ nAsons He cited tne Ann. Aara
Nereide, Cranch 427 49, the Maria, Rob, SEQ; the
Louis, LOUIS, Dcd3 2lS; the Madison Edwards, IA; the
ch so. In concluson Mr.. Upton said that there
nothing peculiarly sacred in bag Of letters called
ma II was not pretended that contained any despatch
surrendered il contained nothing to implicais the
and insist upon ts examination If IL contains incupa
tory proofs the capsors have right 70 their production
and neither the claimants the British governments
can have the slightest ground OF complaint.
The United States District Attorney replied as follows
should BE- granted because the District Attorney ths
doninus ts and be declines to invoke this testimony
hS WI w G% mot call this his witness; should be al Gdiscnagsd
which enable them 70 control the management
sh and American authorities relating 70 both prize and
revenue laws lie also quoted Of Congress Of March
while counsel for the captors might be heard on tho
merits they could not interfere in matter Of this
ment and captors, and il there wero the government
must prevail The question is not one involv-
cretion 70 its conduct and management. II might
be that these letters. when pred into, would
scouSy % o. yuc ~ sna ns
coity this application insisted upon Suppose there
had been found on board the PeterhoG British Anbas
sador TO Mexico, charged with commission to intercept
the designs Of France In that country the Prince Of
Wales, or other member Of the court Of neutral Power
may be allowed 70 proceed his destination The
government consents and directs its prosecuting officer
ton OF their counsel he Is committed and In default Of
baL imprisoned until the Prize Commissioners ind
mission from the President and be controlled BY him.
Tho counsel for cators has no public responsibility Tho
ao 20 sIosscass Il I As The Dis.io. Attorney is the
only authorized actor IN the cause the Court will not
secuton, dtior, he wishhold mall bag ana cause
70 os transmitted on It's way The District Attorney
him whsther be had authority from the secretary Of the
Navy 70 oppose this application
his retainer BY the sa
nore that the question Of opening the mail would be
determined by the Court irrespective Of all instructions.
Inc District Attorney reoned that the Secretary OF
the Navy had not communicated with him Mr. Smith)
upon the subject Neither the President any meni
directly, undertake. to interfere with tho action Of
the Court: But the President had the power TO
control the District Attorneys action, and II |
was the wish Of the government that he should |
not seek to strengthen strong nor bolster weak
once Of neutral country and which evidence Of
any stimulation attached. Mr. smith cited the seventh
that public mail may be conndod under the laws Of
Great Britain, TO any vessel And he added, II, upon
a, thorough r s n,sgaon this ship do not anticipate
respect TO this mail No circumstances OF fasy simu