The New York herald., 1866-07-26

y. On cs..sst. IL pevpeius bansh ment to q place
sna'sl ~ tie govslnmens, beyond tie limits OF q
Afh los cid II hts, rnd v the govern .nenl
az "a ~ isNac ,iie pla.e, 'ien in prison
III. s!ne,scan statute IS demanded h. a,ona
or law. According 70 these e. stems neutrality is
Interest and ndeleasJle right 60 remain neutral
tween other States ut war The neutrality implies, on
one part, iupar,ality; on the other, invioaby The
e cannot MI and is not DO nd sulier injury II
Il temporary dilion, incident 10 the situation and
n q cessarly permanent An attempt to impose upon
u. permanent neutrality, espec ally II that word Is
inter ted mean, as IN our legislation IL does,
estrang nent absclsion and isolaon of the State
81 .tns opposed To the true principles public
nenir, ~ aud law 70 make ..h system permanent
is impra,teDe Il can be justified only by regard 10
the mporMy condition Of States by which II s enact.
the b rites aud rights Of nouras sho Id be extended
ani the privoses and powers Of States as war dimn
ished. Upon the recognition OF this principle depends
pSoges OF nations tho independence of States the
liberties people To restrict the rights OF neutrals
teaahIsgs Of hrsany and the improvements OF cvili
xaton and return the doCtrius Of barbaic
and the practices Of barbara peoples
In the statute OF 1918 we cannot escape the
conclusion that IL IL founded upon an opposite aud I'M
sound philosophy; hat 1t sre ards The inaenabIe
rights Of people all nations; that 1t imposed
upon tho coun ~ by considerations affecting exclusively
tue political interests u oher naons that IL crnnay y
the rights OF nations at peace for the benefit ol
those ut war that i was intended to perpetua,e tho
supl emacy Of favored nations on the IL properly
belongs 10 another age, and Is not OF us nor for
II was In Difference tho conditions then imposed
that American legislatures thought II expedent TO dves
this country OF rights enjoyed by Others, Indispensable
veop Of the strength republican insiita-
tons and the American States, aud to inc upon ther
people the rreparabie injury OF deprving them priv
lie e necessary to their private prosperity and the ire
that should have been thought necessary permanently
10 suppress as crimes on the part OF our citizens rans
which not punished crimes elsewhere for the
benen, OF nations nnical If not hostile q us, and
anst States struggling for ind pendence and liberty IN
emulation of our own example.
No, these concessions the peace OF the world
made tor the time when they were enacted 1t was an
opportnnc and patriotic policy The preservation Of the
Rep bile was the first duty Of our fathers, i is
ours II IL destined, II sustained, to be tn Grand dis
turber Of the right divine of kings tho model OF slrug
gng naons the last hope Of the independence Of States
and Of rational hbcrty.
To the cxamp and precept OF our fathers st! ad
here. But II the time has come for which they waited
and worked, whenever shall come, in which the
right Of the country be asserted its interests protect
ed without departure from the established policy Of
government which indorse without hesitation to
which adhere without reservation 1t Is opinion
that the opportunity should not be lost And therefore
ough revision of the statutes affecting neutral rela
tions with other governments and the enactment of
such laws will limit is prohibitions and restrictions to
those imposed By tue laws OF nations the spuaons OF
treaties the reciprocal legislation Of other governments
the freedom Of commerce. the independence of States
the interests Of civilization curb the power OF at
war and strengthen and extend the rights of those at
peace.
deferred by order of the House the Goth Of june
vidng that the statute OF 1918 shall bo construed
prohibit citizens OF the United States from selling
materials and munitions OF war; the growth or products
thereof inhabitants Of this country governments
not at war with the United States
The statute Of 1878 enacts that any person who shall
nt out or arm or attempt to fiji out or arm or TO be
cerned In hang out or arnng any ship or yesso with
intent that such ship vessel shall be onvngcd Ia the
service Of any foreign Prince or State, amy colony
dsrict or people, TO cruise or commit hosttes ag7us
the subjects citizens or properly OF any ISresp Prince
the United States are at peace shall be deemed guyo
high misdemeanor and fined not moro than ten thous
and furniture, together with all materials arms ammu
non and stores procured Tor the building and equip
ment thereof shall be forfeited
requires that and consgnees Of every armed
ship vessel sailing out OF the ports Of the United
States belonging wholly or In part to citizens thereof
shall into bonds with sufficient securities in double
the amount OF the value Of the ship cargo and arma
men that she shall not be employed by such owners to
cruise or commit hoses ngaipsl the subjects citizens
or property Of any foreign prince or State, Or Any
district OF people with whom the United States are at
peace II requires collectors Of customs to detan any
yes 81 manfcsy built for war purposes and about 70
depart from the United States, Of which the cargo,
crew or other circumstances shall render 1t probable
that such vessel 10 intended 70 be employed BY the
owner 10 cruise commit hosities upon the citizens
or property Of any foreign State Of district colo
ny or people with whom the United States shall be at
peace until the decision Of the President shall be had
thereon, until the owner shall have given bonds and
security required by thetenh section Of the It also
makes citizens within the United States responsible for
the acts Of foregn subjects who beyond the urisdc
ton Of the United States These stringent provisions
sage Of the law to prevent the expectation OF arms by
force In such manner to conpiicate the government
with nations = war Win each Other but at poace with
Interpretation Of duty to other nations under
OF nations treaty stipastions or reciprocal municipal
Inc repeal or modification OF these provisions will be-
In the Judgment OF your committee Tor the interest OF
sssiop Of States without naval fore. To- The viii 81 dom
inant maritime nations II may reasonably be assumed
that the late bombardment OF the South American cities
kxrG
condemned would not have occurred but for the srn.
gent execution Of the provisions Of this law by gov
ernment Had the South American governments been
supplied with materials for defence from the abundant
Of the United States the invasion OF the Amer
lean waters BY tho Spanish navy would not haye been
are in no liberal or just sense contraband OF war,
nor are the materials Of which they made
The recent improvements In naval architecture sge
such to diminish the distinctions between mer-
chant vessels and ships OF war, and TO facilitate
strong built, swift sailing merchant vessel steamer
could be made with single gun effective vessel
To prohibit our citizens from building such vessels,
selling materials for their construction at time whom
all nations except our own are Of war; because they
may be employed for hostile purposes BY foreign SUBJ
10 ts or To mand bonds In double the amount OF
eel cargo and armament and to require officers OF the
customs TO seize and detan thcm whenever cargo
or ''other rcumsiancc" shall render probable sasp
con that they to he uscd, and whore American
citizens are part owners only Is Substantially 10 deprive
them OF their rights TO cngnge in tho construction OF
vessels 70 furnish materials therefor Considering
the miliess capacity Of this country In This rcspcct
Ia privilege that ought not 10 be surrendered except
uIon grounds Of absolute necessity and justice.
The laws OF upon land have been materially and
happily modified in tho progress Of civilization Nations
are no longer compelled TO become parties Ia Tho
rights OF n uras have been steadily enlarged The rights
OF noncombaan,s, both OF person and OF properly
respected War " now waged against governments, and
not as Formerly against persons The most enlightened
maritime nations havc cndearosod 10 modify ard rofon
the laws oi war upon the SEA upon tho land Great
Britain g the only power that rcsisis the recognition q
the rights Of nearais upon the upon the land.
In this, however, the principles she asserts are
not enforced IN her practice. To this extent she
conforms 70 the spirit Of the age Russia in l7s0
asserted the doctrine OF armed neutrality, and
threatened war against any power that violated
the principles asserted by her In behalf OF nru-
trai nations These declarations chiefly that the
Gag covers the cargo contraband eSceptcd that neutas
not subject the right OF searcn that articles con
traband of must be limited to objects exclusive
~ for purposes Of war They asserted the right OF armed
convoy Tor merchant vessels; aud that blockade be
recogn red must be effective.
A. later period the Northern maritime nations Joined
Russia In rrocianDg the rights Of neutrality forth
In the declaration Of the orncd netrliiiy which had