Weekly national intelligencer. [volume] (Washington [D.C.]) 1841-1869, 1863-10-22
OUR FOREIGN RELATIONS.
ADDRESS OF MR. SUMNER.
Lconcl4ded from he lnlel'ig. ueer Of oelossr >.

h
NO CONCESSION or OCEAN BELLIGERENCY WITHOUT A
Prize COURT, ESPECIALLY TO REBEL sLAyEMoNGERS.
Too much have spoken for your patience enough
for the cause but there is yet another topic which
have reserved to The last because logically it belong,
there at least be best considered 10 the gathered
light OF the previous discussion Its immedate practical
interest is great refer to the concession Of bellgerent
rights being the first stage TO Independence Great Bri-
tam led the way in acknowledging the embryo Government
OF rebel slavemOngers as behgerents we'll
land aud, by proclamation of the Queen, declared her
neutrality between the two parti thus lifting the embryo
Government of rebel savemongers, which was nothing
else than organized and aggressive slavery to equality
well land with its ancient all National
Government. Here blunder, if not a crime-not
merely 10 the aacg with which it DONE but in do
ing it at all 1t was followed immediately by France aud
then by Spain Holland, and Brazil The concession Of
belgerent rights land only name aud nothing
more; therefore say nothing about it, But the
sion Of belgerent rights the is of widely diff
trent character and the two against the recogni
ton of the independence of the embryo Government are
applicable also to this concession First the embryo
Government has maritime naval bellgerent rights
de tacto and ndly embryo Government of rebel
savem myers cannot have the character de cto which
would justify the concession Of maritime nayal b lii
grency that could the concession be vndicated on
The first ground it must fail on the second.
The concession of ocean belgerency letter of license
from the cnsentng Powers to every savemODgsr cruiser
rather is the countersgn Of these Powers the COM
mission Of every such cruiser Without such coAntersgn
the slavemunger cruiser would be outlaw, with right
TO enter single foreign port The declaration of belg-
erency gives to him legal competency and admits him to
testify by flag and Without such competency he
could have flag, and right to bear the
Burke sentenousy describes ntermedi ate treaty
which puts rebels in possess Of the law Of nations
And this Ia plainly true .a..#. ..#
The magnitude Of this concession may be in three
aspects; first, the mnunes which 1t cORf-s put ting
emb Government Of rebel slAvemongers equal
ity with established Governments making its law
full instead of pratlca and opening to them boundess ia
ctes at aud in port that they may obtain supplies
and hospitality Secondly in the degradation that it
astens up the National venment whichis condemned
to It's ships treated equal ty with the ships of
bel slave nongers and also the just rule al neutrality
between belgereht Powers called in to ter is activity
aganst gat felony And, thirdly it may be in the
disturbance to which it sanctions BY letting
loose lawless rOvers, armed with belgeren rights
including the right of seachwhose natural reckessness
is left unbIided, and without any remedy from dpO
matte intercourse The ocean is common highway; but
this it is for the interest of all who share
that it should not be disturbed by predatory hostitrs
Such concession should be made with the greatest eau
ton and then only under the necessity OF the case the
overwhelming authority o the fact for from beginning
to end it is simply question Of fact absolutely dependent
those conditions and prerequisites without which
belligerency cannot exist .s#-
As general lue belgerent rights are conceded only
where rebel government contendng party in civil
CURED sue form and body that for the time
being within certain limits, it is sovereign de act0 far
at least to command troops aud to administer justice.
The Concession OF begerency is the recognition Of such
limited tOvereigty, WHICH bears the same relation to
knonl dyed independence grtle bears hone; it OBJ
vous that such sovereignty may exist de taco lard
will out exsrg dc JactO on the 1t may prevail in
armies and yet fail in In short the fact may be
way land and the other way the ocean,
be inferred on the imply from it's existence the
land Since every such is adverse to the org
nal government and lie made only under the necessity of
the case it must be carefully limited to the actual fact
JUDGED Mr. Canning, who ha. shed much light these
topics openly took the ground that bill gerency not
much principle fact" Aud the question the arises
whether the rebel savemonger have acquired such de
tac0 sovereignty the entities them to ocean
beligerent rights.
There at least two facts" which pLtnt to all:
thatt hal al.
IT, which legal take their prz for adj
dcaGn aud, secondly that ships which now presume
to exercise ocean beiger mt tights in their name-consti-
tutng the rebel saveuonger which member Of the
Brit sh Cabinet said was ito be creat+dwere all crea-
ted" in England which is the naval base from which they
sally forth their predatory cruise without
a port Of their own pretended government
These two facts" different in character The FIRST
attaches absolutely to the pretended Power rendr ring
Incompetent to exercise beigerent Jurisdiction the
ocean. The secoud attaches to the individual shp
dering them piracal But these simple and uDq leston
atlo "facts The to unlock the present question
From the of the there can be bel
lgerent without port into which it can take it's prizes
Any other rule would be absud 1t will not be enough to
sail the sea- ike The Flying Lutcbmsn the beger
must be abs to touch the land aud that land
This proceeds the idea of civil zei fare that
thing than naked force essential to the complete
Of capture According to the earlier rule trans
mutation of property accomplished by the pernGcta
tin the captured ship within The port Of the belger
eit or it called deduco infra pr1sdia As early
l4l4, under Henry V, Of England there vas an act OF
port Of The EDgtuu and to make declaration thereof
proper ofc before undertaking to dispose OF them
But the modern rule inerp0ses additional check upon
awess violence by requiring the condemnation OF
petent court This which is among the most suthar
i've OF the British Admiralty will be found in the ia
10 ter Of Sir William Scott aud Sir John Nichol
addressed to John jay, follows Before the ship
goods be disposed Of by the captors there mnst be
regular judicial proceeding wherein both parties may be
hea and condemnation theTefium prize 10 Court Of
Admiralty, judgi by the law of nations and treaties"
This il expIct But this rule is French well as Erg
sh Indeed it is part % international law. seizure
ia regarded merely preliminary act, which does not
dive the pr psrty though it parayzes the right Of the
proprietor subsequs mt act Of condemnation by
peteht tribunal 10 csssaTy to dsterm ne If the seizure
valid The question is cutnpendiousy cael prize no
prize Whro the property of neutrals IL involved this
requirement becomes Of absolute mportance In coIced
Ing bell 4 rency all the customary blgerent rights with
regard neutras ceded aso, that the
| sion puts in jeopardy neutral commerce. Bur- without
dwelling this 20 nj content myself with the authority
Of two recent French writer. NJ lautefeullle, his
elaborate work, sAya the not recognised the
propr tor e the objects se;zed but he is he'd to bring
The before the inun,l aud obian sentence declaring
them to be- prize " And later writer, N. Eugene eau
chy whose work has appeared sncs brgan says:
usage, VIII esidn has it's source in ural equity
sqnes that before proceeding to divide the booty there
Should be- Inquiry t. The regularity Of the prize and
to this end every prize taken from enemy should be
carried before the Judge established by the sovereign OF
the captor.! But il the power ctllig Itself belgeren
csnnot comply with this coldon; il it has port into
which it bring the captured ship an court accord
lug to the requirement Of the British Admiralty, with
regular JUDICIAL proceeding wherein both parties may To
heard" it is clearly not stna n to dispose 81 ship
~. hatn. ~ Nh.r