The New York herald., 1864-11-11
The Affair OF the Florida.

We perceive that already one of the
city journals asserts the necessity of an
ample apology from our government to
that Of Brazil for the capture Of the
pirate Florida in the bay Of San Salvador
We think our cotemporary is In rather toe
great hurry. We have already shown, by
the publication Of the official declaration OF
the Brazilian government with regard to the
conduct Of belligerents seeking asylum in its
ports, that the captain Of the Florida had, by
his disregard of the restrictions imposed upon
those seeking such asylum, forfeited their pro-
lection. That official declaration was strictly
in conformity with received international law.
Azuni, whose admirable treaties on the "Mari-
time Law Of Europe" embraces all that is
and belligerents and their mutual rights and
relations, lays down this important principle,
that beIlgerent ships OF war "cannot lie in
wait in bays or gulfs, nor conceal themselves
behind capes or hes dlands, or the small islands
belonging to the neutral territory, to be on
the look out and ready to chase the vessels Of
their enemy"
Now, the Florida has been in the constant
practice Of doing this, and particularly on the
coast Of Brazil; and having thereby forfeited
the protection Of the neutral Power, is subject
to the consequences. This vessel has also been
in the habit Of ransoming prizes made by her
before illegal sentence has been pronounced
on the validity Of capture" another proof OF
her being Of piratical character, which takes
away the right Of asylum and gives the right
Of capture everywhere. This point is also
laid down distinctly by the same unquestoned
authority, Azuni.
The general right Of . ship-ofwar to enter .
neutral port has been grossly abused by the
Florida in repeated instances. Her real object
has not always been to reft and repair-not to
guard against accidents at sea or to be able to
proceed safely on her voyage; but to nnd out
what American vessels lying in friendly ports
were most likely to fall within her grasp, and
to learn their destination, their value and
probable means Of resistance or escape.
The Brazilian government well knowing all
this from the notorious character Of the vessel,
by permitting her with these objects to use its
ports has, in the words Of the authority al
ready quoted, offended one Of the belligerents
by facilitating hostile proceeding Of the other
within his territory. This indulgence, passive
a. IL may seem, is sufficient to forfeit the rights
Of o perfect neutrality; the neutral Power can
be no longer considered in any other light than
an ally Of the one and the enemy Of the other,
and the latter would have right to act hos
tilely against him."
We think therefore, our government had
better look through the authorities little
further before 1t apologies to the Emperor OF
Brazil, who, we imagine, after consulting them
for himself, will see no cause whatever for
asking any apology. The contemporary who
is so anxious that we shall, In advance, admit
the gallant commander Of the Wachusett to
have been in the wrong. fears that IL will give
England and France an opportunity to inter-
fsre 70 our disaavantass. II does not seem 10
know tAaa for IA former Brazil no longer
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