Weekly national intelligencer. [volume] (Washington [D.C.]) 1841-1869, 1864-12-22

spect TO the asylum winch may DC aHorueo " Del
ligerent ships sud that which may be afforded to
belligerent forces on lard On this subject Gen
Halleck wEltcs as follows. We quote from his
work On international Law, p. 524:
.Tbs difference says Hefter results from the immunity
Of the se and the principle that ships considered
portion Of tie territory Of the natop to which they be-
long Hence the allowable custom of asylum in neutral
waters and the want Of power in the neutral to interfere
with internal organization Of such vessels when not armed
or equipped within its jurisdiction On the other hand,
troops not part OF the territory OF the hatoh 70
which they belong has their fsg any immunity on
neutral soil While therefore individual. as SUCH are
entitled by the laws of humanity to Inc rgnt OF Asylum
in neutral territory such asylum cannot Do demanded Dy
nor osn il be granted without violation Of neutral duty
to an army body. II is consequently Inc auty u
the neutral to order the immediate osarlhg OF oil pe
which enter neutral territory as an asylum
o them TO release all their prisoners and to restore
all booty which they may bring with them II ne neglect
to do this makes his own territory the theatre OF war
rJ sss The other bsgtrsnt in attacking such refugees
,ba sGc territory 'oeh Is no longer to be regarded as
gsalrai"
The language of Vattel under the same head
is as follows
alt is certsn that my neighbor affords retreat to
my enemies when defeated and too much weakened to
e.cspe me- and allows them time to recover and watch
favorable opportunity of making second attack on my
territories this conduct, preudcia to my safety and
nterests, would be incompatible with neutrality III
therefore my enemies suffering discontinue, retreat
into his country, although charity will not allow him 70
refuse them permission pass in security he ia bound TO
make them continue their march beyond his frontiers as
possible and not suffer them to remain IN his ter
ritores the watch for convenient opportunity TO az
tack one anew otherwise he gives right TO enter MS
country in pursuit of them Such treatment ia often ex
perencad by nations that unable to command respect
ber territories become the theatre OF war armies
march encsmp and fight in it. as in country open 10
| a corners"
The language Of Phillimore, a recognised autho'
d +Lo 10 e
sibe, still more plicit ard applicable to our case
He says, in volume l, page 227, Of his valuable
work on international Law, as quoted by Cana
dian contemporary:
"a rebellion or civil comuotion it may happen agr
tates nation while the authorities are engaged IN re
pressing IT, bands of rebels pass the frontier to shelter
themselves under the protection of the contermnous State
and from thence with restored strength and iresh app
ances their invasion upon the State from which they
have escaped The invaded State demonstrates The re-
montrance whether from favor to rebels or eebeness OF
the executive UNDECIDED or at least the evil complained
of remains uDredessd In this state OF thnga the invaded
state warranted, by international law, an crossing me
our and in taking the necessary for her safety
tch sr these be the capture dispersion OF their stronghoid
| as the exigences of the case may require
On referring to this passage in the pages OF
Phlimore the reader will find that the case of the
Caroline" arising during the Canadian rebellion
OIL 1895, IS clteu ls particular hiue'iaioh Va Tue
general doctrine thus laid down, as to the right OF
an invaded State to protect itself from the incur
sions of "rebels" who may seek to shelter them
selves under the protection of conterminous
State The doctrine propounded for the defence
of the British Government in that is of course
equally applicable, where the circumstances are
the same, and it is only the relations of the parties
which have changed, to the case contemplated by
the order of Gen. Dix. We are glad, however, to
believe that he will have no occasion thus to take
The law into his own hands.