, 1864-08-07

| the 80 c=llr5 B:;ti.h Consul, by .vho1n It ras
| Signed, Lad no 7"attt, from the Confederate
! Government. Fire different appeals aud de-
cisions have been given III the case previous
but one, the conscript's right Of release Was
denied, not On the grourd Of hts having ex-
ereised the right of citizenship ut Mobile. hnt
on the ground that dou.ici1cd foreigners are
liable to military duty.
IL presenting the case before the Ri:h-
Aylett, On behalf Of the Confederate War
Department, rested hts case mainly upon
the bread ground that the rule Of Admiralty
Courts in prize cases was applicable to aiI
domtciled foreigners; war placed all the ra-
tidcnt Inhabitants OF one country at war
With oil tile resident Inhabitants OF the other.
lhe person, the couusel contended, as well
as the property Of every resident foreigner
OF ore be1ligeFent country, was treated by
the other as II the resident foreigner was
nattve boFr cltizeE; and II domiciled for.
t'suets did not "ant to be so REGARDED they
inuht leave ae soon as war was declared. To
fusfain this view, Mr.. A5lett cited Vattel.
Wheaton aud ..thfTF. at length; leayiog al-
most ont Of sight any and every argument he
MI ht have founded on 0dgen's alleged Con.
iederatu citizenship.
Bn! IN" Sou. sci vas not content With mere
y Frctcrtiug the law Of thu case: DC dwelt
strongly upon The po'tcv involved in It's de-
c'tloH. The rcleasc of Ogden. it seems.
world cante the discharge or 20,00o foreign
crs row held to involuntary service ia tle
reoe! afle'es, most Of whom probably hold
consular certificates Of their nationality.
Which arc pronounced by the War Dep4ft.
ment At RtclinoEa utterly without account
In holding these x, COO foreigners under The
iron heel Of military luw, it is essy to see
Davis gains vastly mcre than their mere ser-
vice as GOES. sfpss; hchnlds a lever hy whtcl,
to press upon tcrsIen powers a tltlsreut re-
COY milton from what lie has jet received. He
sru'nsthe certificates Of their cousuls, to
Impress on thuu thr necessity Of their t1ay-
Ing hs oan c7eqane"r. He keeps these for
e'ebt1s IN hss ca.tp t!'ut they may swell the
cry Tor recognition. Nor has bis ehrewd,
cslculatfEg plans been without their influ..
tIcs We can see uo&, by the Hight of this
Oecen case. sufficiently strong reason for
lord Russtlls repeated ottemptl to get safe
conduct for Foreign Office Messenger to
Richmond: We car sec what position Da-
US compe!s the Governments, whose sub
]ects nre at tls mercy. 10 occupy-lf these
governments taSe demands to make upon
him. He turns their cpneuls ail1ift without
cerennDy; and before he consents to auv
conference through other chsnnels, b., ,Ie-
n'nnde th,t his agents In Europe shall have
higher consideration accorded to them The
dtvice is one Of no common ingenuity.
It 1e worth uomtn.'s reflection, now,
whether any ether civil or military orsAnlza-
non N tue world, calling Itself govern
1Aent, would have thus vantured on tr;ing
:hc temper Of regularly established and lead
ing powers. By setzing their subjects, whole.
not en!y seizing them, hut openly proclaim
Ing its right to DO go !; or, in the absence Of
1'gAf, defending the seizure on high grounds
Of State p1licy.: England, at this crisis, does
not appear to bt too anxious to 60 to war
But, We venture TO say, If the q nitcd States
Government were to proclaim Its riy1!t to
dtsnoEe Of the lives and fortunea Of all resi-
dent British subjects, as JET. Davis War De-
partment has done, through Its solicitor, we
should hare second war on hand before
half oi the remainder OF the currcnt year
we're out. 1t mag be one Of the peculiar
privileges OF an OUTLAW to operate as Davis
finds audacity to do IN this matter; but We
should suppose thar such things h4ye their
limit, and that even the ill-concraled syupa~
thy Of Western Europe for the ca,1sc If the
Southern couspirators would not accord to
them the right Of absolute disposal over for
sfgn reaidents--a right which the most bar
harou7 OF existing States has never been
known to claim.