The New York herald., 1864-11-09
The Capture or the Florida-NoutraI
Ports-The Righs or Asylum.

The rebel cruiser Florida has become the
prize of the United States gunboat Wachusett,
and SO ends the career Of the last Of the famous
scourges that swept the seas with impunity for
50 many months. The Alabama went to the
bottom de6antly, the Georgia was caught in
disguise, and now We have the Florida-caught
it is not yet possible to say exactly how. We
are as yet ignorant Of the particulars Of this
important event. All that we know is that
there was "a collision" between the Wachu-
sett aud the Florida in the neutral Brazilian
port of Bahia, and that in the confusion of this
circumstance the Florida was called upon to
surrender, and did 80 without the United States
vessel having fired shot. Until the full par
ticulars of the event are made known we must
be content with this little, and with the crafty
ing fact that the last OF the rebel cruisers which
ventured upon the high soas has been taken.
In the meantime the capture Of this ship will
doubtless be denounced as q violation Of the
right Of asylum in neutral port, and it may
become a subject for International discussion.
We are satisfied that the circumstances will
prove to have been such as to fully Justify the
act Of Capt. Collins in this bold and determined
pursuit OF the object CT his cruise. Though
all nations admit, in a loose and gene
raj way the inviolabilitI Of neutral ports, all
claim also that there ars decided exceptions
to this involabi!ity, and all occasionally asscr.
theic right Of capture even IN neutral ports.
England admitted the inyiolability Of neutral
waters ia the very despatch in which she justi-
fed tie seizure OF the Caroline. She asserts
and always has asserted the same inviolability
OF neutral waters But she captured the United
States frigate Essex in she barbor OF Valparai-
so She also captured the American priSatecr
Gen. Armstrong in neutral port From the
mere fact that there has been ship captured
in q neutral port we must not therefore con
elude that there has been volation OF the
neutrality.
Nice legal distinctions give way 70 the eI-
| element of chase or combat, and the various
necessities Of war Jurists recognize this, and
hence certain writer's on public law declare
| that there is no right Of asylum in neutral
ports for ships that seek such asylum to escape
capture. One has even thought that a ship
which seeks asylum for such purpose cannot
| legally cruise again during the war-that is,
such an act puts her out of existence. There
| is no doubt that this is In accordance with
| natural principles, and probably the case in
| question was one OF this character. The right
! Of asylum is qualified like every other. II will
| doubtless be shown that 10 the case OF the
| Florida the right OF asylum would have been
| in conflict with the true spirit Of neutrality,
| and that Captain Collins therefore very justly
| disregarded It, We would have been much
better satTa6ed to have had this issue made
| with England or France rather than with
fBrazlI. But taking the matter plainly as i is,
Captain Collins has done his country good
and manly service in the capture Of this pri-
vatecr. And If In the multitude OF nice legal
points in relation to neutrality We shall be
found TO have violated one, why, by and by
when the war Is over and the Florida Is no
longer Of anxaccouut we will make suitable
, rppatALpD , Brazil,