New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1865-02-01
wvoRK DAILY TRIBUNE WEDNESDAY FEBRUARY 1, 1865

sailing in just these Circumstances-legally
transferred for the time being toforeisn owners,
the equitable interest remaining in American
hands. Mr.. Benjamin proposes that each of
his pirate captains shall judge Of such cases tor
himself; and
"In these and all other cases. when there great
and decided preponderance Of evidence TO show that
the vessel Is really cnemys property the cruiser must
act on his conviction and treat her such leaving 10
his Government tho responsibility Of satisfying any
neutral claim for her value.
But, says " Hstoricus," these are the incest
of nice questions. They lie inter apiceS juris.
They "requirc for their just solution the patient
and impartial application of judicial analysis oil
the highest order" And he summons the AID OF
his Imagination to depict the consequences Oh
Mr.. Berjamin's Instructions:
"Just conceive captain of cruiser Ike the Ala;
bema or liz, Florda with rich prize just captured
after an exciting chase, descending into his caD 10
consider whether ANY enemys interest IN the vesse
remains whether she IS really 'mortgageu OF
Gated whether the title IL so absolutely ttahsierreu
as 10 dyest the enemy II any future INTEREST," anu the
having satisfied his mind that there 10 great anu
decided prepondcrGnce Of evidence against he snip
proceeding to net On his conviction, ana 10 prh te
vessel and destroy at once .ne properly ana tne mc r
Of proving its innocence. Does the Cohfeuerate uoa
eminent really believe that any neutral GoScrniDent
the world would tolerate such conduct for an instaht
With still more delicate irony does Mr.
Harcourt discuss the soothing alternative which
his opponent presents, namely, the satisiacuon
of neutral claims by tho Confederate Govern
ment. "In the first place, as Sheridan said, i
don't like the security" And we all know
that when an Englishman has said lyon can't
pay your debts" he has exhausted his powers
Of inyectiye. Yet Mr.. Harcourt goes on TO
say:
"A man cannot be permitted TO enter on a system OF
lawless plumber simply the footing OF the COST
Against such conduct there are more strnsent anu
effective remedies II is lucky for tie Coniederalc
Government that these insane Instructions nave been
issued At a moment when they have no vessel anoai
uhch could infic upon its Government the disaster OF
mel could get a feet upon the high seas, | think
could promise Mr. Benjamin mat they Wouia ho' %"
many weeks under such instructions"
And he caps the climax Of his satire by
quoting a paragraph from Benjamin, aud com
menting as follows:
'The calm and selfcompaceRt impertinence OF this
pa-aeraph think IL would be difficult 10 surpass. III
England @es the improperly Of doing that which all
TIE rest II the world has likewise thought 4 proper 10
do and recognizes the 'impolicy OF not allowing us
ports to BE- made oeeiaa IN which the acts OF war
NAV be finally contaminated by the condemnation ana
sale of prizes then, bat not till then the great anu
magnanious Confederate States OF America WIZ con
sent TO give TO the unsorun ate Great Britain that pro-
lection in the jurisdiction OF Prize Court Which tAe
law OF nations has ordained
is it not plain that such language as this in
The Times but expresses the conviction Of that
journal that the Rebel cause is q losing onef