The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1864-03-05

The CHESAPEAKE CASE IN THE Nova
| SCOTIA LEGISLATURES. - In the Nova
Scotia House Of Assembly, on the 18th inst,
the following conversation took place, for a
report of which we are indebted to the Hall
fax Chronicle:
! Mr.. Bourinot said he wasj desrous to bring
before the notice of the House matter of con-
| siderable Importance He alluded to the cam
ture of the Chesapeake he wished il to be dis
nncty understood that he had no desire to cast
| any reflection upon the judgement which had
been recently delivered by Judge Stewart, whose
character stood high in this Province for ability
anu experience IN the nature of international law
| 1t appeared that the decision was based upon
the idea that the parties concerned in the cap
ture were pirates, and no opportunity was at
forded the captors to prove their authority for
acting as they did. lie was informed that a
messenger had been dispatched TO Rchmon
TO obtain the necessary information but su fficent
time had not elapsed for his return when the de-
cree was given. 1t was not his intention TO go
INTO any details of the circumstances connected
with this vessel, as they were quite fresh in the
memory ofevery one. He could not however
refrain from expressing what was the general
ieeilng that his Excellency, the Administrator of
the Uoyernment, had Throughout acted in man
ner that had became his position, All that he
desired was that the House and the country
should thoroughly understand the connection
of the Proyie3al Government with the whole
afiair lie would therefore move resolution
requesting theGovernment to lay upon the table
all papers and correspondence connected with
the capture of the vessel
Hon. Attorney eneryly said that it was obyi-
GUS that this matter did not come within the ju-
rlsdiction Of this House. 1t has been under the
consideration of a court of competent authority
"hich had pronounced upon and he could not
see now the question could be again brought up.
1t was not for him to express any opinion. the
SUBJECT naVing been before the government, but
he would merely mention that in the view taken
by the learned Judge it mattered little whether
theorlginal capture was legal or Illegal inas-
inucn as the suosequnt conduct of the captors
was such as TO preclude them from having any
standing In the Court The British Government
nad proclaimed very strict nutrality laws, ant
had enforced them under circumstances of very
great difhculty. One of the rules laid down was
tnat no prize taken by either of the beligerents
snouid De carried within the Territories of Great
britain. The captor of the Chesapeake, in the
opinion oflthe learned Judge, not only violated
the nutraity laws Of Great Britain by taking
the vessel into several ports of Nova Scotia, but
also Violated our Revenue laws by disposing of
ner cargo without paying duty Colud not there
fore be treated as prize and confscated to the
crown or provincial government, and the only
alternative was to hand her over TO the original
owners. This was the view taken by the Judge
OF the Admiralty Court who had given great
attention to the circumstances of the case, and
VINO had large experience in questions of
International law. Under these circumstances
1t was useless to detain the vessel any longer,
and the time limited by the rules of the Court
for putting in claims had expired.
non provincial Secretary regretted that un-
def the circumstances it would be impossible to
Lay the correspondence asked for upon the table
The Government having taken prominent part
IN TINS important matter, he would be glad to
comply with the request of the member of Cape
Brenton and afford the House and country all
patch from the British Government were ofa
strictly confidential character, it would be I'M
possible to make them public at present. Ii
would be quite competent for any member of
the House OF Commons to move for all papers
to be brought before the Parliament. If that was
done, no objection could then apply to bringing
them before the House.