Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1864-06-29


insi eHners, because there never vas no
neat st which ths vessel was legally piiz5.
( ~ thai r1ie certainly could not 30 mrda 20
apply % iaa case OF the fnscslolsz, which,
alter lnpss Of six moaihs ron ths sinas Of
har caPEnTe tz1le into neutral waters and vas
seized Tor the pufposa u bang delivered back.
Il vas also said ihas nsut1a! night exercise
she authority Of seiziag priz 6sauga ip.8 iis
-IFaseTsi and ofTsilEning iasm when the ssea-
-ersy Of its sUhiseis hal 5ssn. Illegally eEplur6d
aald vas sttsrW ards bron,zhl iHto It's poris; rs
very extraordinary reason given bsing that this
Fas intsnded as e compensated ior tbs asylum
saerdsa Bat that ao sulaesiig YES q b louHd
tor Tho proposition thai nouifsa rars entitled
% deal with Fxizes broHght into tksfr waters ia
the manner IN which hsT 4Eissty's Gngsrnsa8at
had sought to deal with tae fuSuzio0sss Z
would, No doubt, be uEgsi By TIE Gg7xnuasut
snas tae bringing Of q prize iato ssaifal wsiefs,
contrary 70 the prohibition contained m the
proclamation was \ giolslion Of neutrality Bul
with this VicFF, taxing the pieia meeninF Of the
Hords " violstion Of nsuiTaiity, he could nos
agree
He eontondsd ihas Tia instructions issued By
her Msjesiy's Government were wholly Illegal
void and impT0psri and there was this further
Disadvantage. fhai he presumed they bad not
5eene e0nhaed 20 the governor Of the Caps Of
Good Hope, but had been sent round to eli oar
colonial Possessions. At that very moment Il
might be That przssshEd been sazsd in some Of
.ilose quarters and delivered ap By tho different
-oesi governors either to the C5nfederstes 0I
kedeIsis. II the pTzs Improperly sszsl undor
the insiruetons Of the GsTsrament belonged 20
the FsdeEsls ne could anticipate fully well sTtzt
would happens strong Een2nstrsacss snd higi-
toned mensoss on one side, Submissions. apology
restoration, and, psIhapt, compensation on the
other. Should the prize taken be from the c or
todegates, the rsm0nssraBoss might bs equally
loud, bat hey would not Be as much regarded
Restoration, Is shown By the present case,
might be unnecessary, but il would be restors-
ton unaeeompanied BY an apology il wculd
be mere restoration, Eud nothing m5ro. Which
ever alternEtivs Happened ths position Of the
British ration would not be vaEy di5aifs1
Earl R1sssil who was evidently very anery)
said; - II mnss be reoelieciei that all lhsss sD-
plie4taRs Of inteTnslisRal law to the contest BE-
tween Tbs Esds.sls and sO-oAIlsd Confederate
Ssases have 70 be made under very exceptional
elreuDstaness. l. ba8 been usual for a pogsar
carrying sn war upoui tho saas 70 possess ports of
its own ia whioh.Vesssls alo bulk. eaaippal and
fitted, and fg0m wbish they issue. 70 Eaich they
! bring theig 3gizes, and IN which those prizs5,
/ whoa hrousaf before a e0urf, arc sishsr con
demaed 9I acqniied Bat il SO happens shatin
tins eonfic; shs Confederales have no poglss OK
cspt those of the Mlssey and the CLYDE. from
I EsdeFals; and haging no p5Tls 70 which to
bring thsir p.zss, ih0Y are obliged 10 burn them
/ upon the high geas. II iI natural, uudor
these circumstances, lbss lhs Conedfrkt5 OfiesFs
/ aRd Confederate authorities should somewhat
resent tho orders Of hsr Haissiy, Of Hhieh ihs
noble and learned lord vas pleased to approve
/ sGd should sndeavor 70 eVRde their operation
! These orders, As your l0rdsaips ara aware, Fors
/ not to bring prizes made by eisher 5slEger mt
I frfr OF T.ef. .-rE
Asjesty' possessions abroad Iiis untrue that
the Confederate 0ffiesTs and ths Confsdersto au-
thorities' have resented th5 orders of Der Ms-
/ losty or bsve endesY0r8d 70 ovzde their opssA-
ton
HIS lordship eoutendsd that Sir B. Walker
I hsd > reasonable ground for the aeizaFe of the
| Tuscaloosa, because 4 ths Coniodegses we're
allowed TO send ia al their pFizas or eTuizsTs,
they might sat At defiance the Qassul5 procls-
nation. L was, however hs admitted, diffieulI
| TO decide whether the Vuseslooss Ougbs to Eava
been moved eff, or whether she should be seized
and takes possession Of. and restored 70 hef
owners. TIE DUks Of Newcastle hai gone 5
/ Little beyond ihs opinion Of tHa iaw Cf5ssr5 Of
the Grown, and be earl Rasssll) should have
/ done tbe ssme. The point Fns still open f.
/ the consideration Whsthsr toe proper treatment
Of such vessels a. the Tusealoosa Woald aot te
to move them eff He thought fhsi - say ihzi
the question. can be decided in tho eousss Of ihe
\ esptois iH altogether an ertor He denied shsi
there had been any tracking 10 ths Uaisd
1 States, and in proof Of his assertion, etedfbe
cases of the Z EN- the Ssxoa aad the Chesapeake,
in all Of which the Federal governments had
| granted salisfSotion and uasios.
| LoTd KngsdOWn said that the question IN
Volved IN she present discussisn was one Of lbG
mostlmpoTtant that had arisen out 4 tbs sppla
cation Of the PRINCIPE Of international laR
Sir B Walker had rested his eass upon tiie sup
position thai priz3 remained ihs property o.
the original owner uutl ii hsd beaa oondBmaed
1y court Of legal adjudication. Raat also Hal
tho principle ON whien, 90 far as he andors God,
] the GoveTnment aid tie Duke Ui Ne Weas-ie, iu
ais dispatch, acted, but he confessed Il was a
great relief 20 him 20 fad lhat - writing hzl
dispatch the noble duke had gone baTBnd "a,
opinions Of ihs lsE cfissTa Of lhs cIoWn, on
whose judgment and Learning he utmost rei
gncs was 30 90 placed. The qees.ion Of CAP
ture "a between belhgeIeRts was cone.1slv,
when tho capture was made, It rsqairsd no I'd
Tjudicall0n. Tho moment cn5 bail gsrent or
taiuod pos1easioa Of me goods Of SMOTHER, they
were IS muoR ais property as il ihAY bad bssl
condemned By oil the YTiEo courts Of EgE0ps.
+ In that view Of ths subj -ct he WAS supported
E by Bheztcn, who said q" Tie obiigsiiou 0l
eapiOr % briuF hig essturss lnt1 pos for r.
quirY andsdJHdieRiioE-d psHas IN mo irs' nc
ti0us which 10 hai TaesiYei ir01i his own Gov
ernraeas Bat this obligation unief me law a
nations exists aniF Wihrsspses to vessels Ha7t
gated under ths leuiral Gag, the d sct being q
LaseerLsin WhethaF ths pTop5Ity Belongs tl sea
trsl OF al enemy. Enemia5- ~c2anot eizia
right hat their property, upon capture bg a bel
ligerent cruiser, shse.d bs taken into tha por
Of ths belligeisns, or his ally, f0r inquiry or al
? Judicsiion. Csotars alone divssts Al enemy o
his property Upon tho surrender Of a vesso
uRder AZ enemya flag on ths high seas a heiig
efeat may destroy hsr under ins general lsHl
Of ns.ioHs, aud if tie ezpi0F is uuabla t3 srini
her into pori5 he will DO Justified towards Iii
Own Goger1msnt il destroying Der Ia lh
present esss Her Majesty had flF5,ddsa arme.
, vessels, win theig prizss, 20 come into be
ports.
According to Law, If ship Of var VITA be
Przs entered British pQrt, sac could Be oldefs,
away Bat ne was St loss 10 understand b0y
our Government o0 lsined night to lake possas
SIN Of he Tusea.00sA. Tat vessel lad viols
tad ina proclamation IF her Hsjesly, aud nigh
have been sant ayay, but how csuld she Cd
come c0lhsested and ha5is-so seizufe By Gu
Govsrament7 Evsn imposing is could BE- sal,
thsi the violation Of the Laws Of neutrality o
which she hsd bsen guilty entitled the Britisl
} Governments 10 s8izs her ald c9ufsests her &
the CreRn, thaif l0rd-hi1s w1ald obselyo ths
the conduct pugsued by cur aulhoIitss WA
based upon entirely different grounds The -
gumeht was iss4i, The Tuscaloosa having comi
uader their control, shey wore entitled 10 3, ia
hsT aud restore her % Tho oFiginsl Owner, ior
getting that tie original owner was Captain
Ssnmsss she nsYef having bseB Eeeapsured.
was highly important thai thero sh0uld be n,
mistake on IBIS point, beesuss lha CouledeFat;
States could not obssin. adiudozfioa in he'd
own p0Tis, 70 winch access Bas barred hF
blockade recognized by Europe. and anizs ans
circumstances tao saioIcemsat sas ians o
aaQiTsisy Iaas. operais MIA faly dIffsranf iore'