The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1866-04-01

n
1t is not long since 1t was stated in the papers
of this city that "the Spanish Minister had made
representation to our government concerning
the alleged shipment Of goods oontraband OF
war to Chile from this city, and that the Gus
toms authorities here had been enjoinsd to take
action for the strict enforcement Of the neu-
trallty laws"
twill be seen by our law reports that the
case of the Meteor, suspected Of beng fitted out
to cruise against Spain. has again come up In
court before Judge Belts, and that in answer
to an application Of her owners to be allowed
to bond her according to rule, the District
Attorney, In addition TO his law argument,
made an objection quite new in the annals d
our courts, and one which he stated must prove
"fatal to the application" being letter from
the Secretary Of State enclosing q demand
from the Spanish Minister that the vessel should
not be bonded. 1t seems to US that great con-
fusion Of ideas prevails in the public mind as to
what can and what cannot be done consistently
with our neutrality. Mr.. Seward has added to
this confusion, first, by his complaints to Earl
Russell because Of the shipment Of arms and
munitions Of war to the Coniederates, ct time
when they had been acknowledged Is belliger-
ents, and when our own agents were shipping
the same class Of arms by every steamer from
England; and, secondly, by prohibiting the ex-
port of arms and other military supplies from
this country during our war, not on the ground
Of maintaining neutrality, but the Legitimate
ground Of retaining them for our own use
Now we have his very singular attempt to
influence and control the courts in the interest
of Spain.
II il time, therefore, to inquire what honest
neutrality requires Of our government, and
what our people can and cannot properly
do in behalf Of either Of the belligerents.
First, as TO the government Its simple func-
ton Is to enforce our laws and the laws
of nations, without straining them in favor
OF either belligerent or our own citizens.
But where there Is doubt it unquestionably
should be interpreted in favor Of the weak
rather than the strong, unless we are willing to
Icy ourselves under the suspicion Of suffering
dictaion. The government has an undoubted
right TO exercise q sound discretion in any case
Of suspected infringement of these laws which
Its prosecuting officers may bring before It, but
II has no right to throw Its heavy sword into the
scales Of Justice.
Now, what are the rights Of our people, and
what may they properly do to practically ex-
press their sympathy with their republican or
oppressed neighborsi One Of the pretexts Of
Spain In attacking Chile is that the people of
the latter sympathised with the Peruvians, in
their contest with the Spaniards, to the extent
Of refusing supplies to the Spanish feet, and
because Chile made coal ..contraband Of war.
The public sentiment Of the world has con-
demned the pretexts Of Spain, and pronounced
against their validity - ground Of hostile &C
ton. Tho people Of any country may not only
legitmately express their sympathy with either
belhgerent, but may, within certain limits, give
II practical form, without giving just cause Of
offence to the other.
Lot % see what are the rights
Of . neutral In regard to selling
the articles contraband Of war which
the Spanish Minister asks our authorities to
prohibit Mr. ye6ssssn, whsn Secretary Of
State under Washington, asserted, In reply 70
the complaints Of The French Minister on this
point
,. 81 s:s s::s sss.s = ss =, s'S . sse
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i would b hard 10 psiaspls "a inpossSs 10 pscsos
:ssns, asssas:ass. x sSss ssssDssiess s.sisaed
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those arms - shall fa nto The hands Of the begsrcnt
rowera
This doctrine Of TIE administration Of WASH
ington has been repeatedly and uniformly ss-
serted by our government We acted upon It
by importing arms during the late war, and
nobody thought Of questioning our right ex-
cept perhaps the Spanish Minister. So far
as concerns arms and goods contraband Of
war, including, Of course, torpedoes, shot and
she'll
We now come to the somewhat more COM
plicated matter, tho export or sending abroad
Of ships for sale. Our neutrality law provides
that in the case Of an armed ship or ships in
tended for war whose cargoes shall consist
chiefly Of arms and munitions Of war, the gov
eminent may detain them until certain pre-
scribed bonds are given. The law II perfectly
plain, and the practice has oonformsd TO II,
our shipbuilders freely sending abroad their
ships Cor sale In times Of war or peace. Under
certain circumstances, such ships, bound 10
bclligerent port, might be considered contra
band Of war, as In the csse Of our numerous
steamers which have carried guns under the
national dag, and which are daily clearing for
Havana, Rio Janeiro and Vera Crus-all belli-
gersnt ports.
There can be little dificulty In getting at Ire
Law and the right In these cases. Bat another
and moro doubtful class Of GASES h that Of
neutral transports being fitted out 70 carry
troops and munitions Of war for bslligsrsnts.
In practice France and England thus employed
our shiua IN their war with Ruaeia ana N that