The New York herald., 1866-02-05
Important Questions Of Mari
time Law.
highlands Protest Against the
Privateering Order of the
Spanish Government.
IS PRIvATEERINe PIRACY F.?
HARD RUBS AT BRITISH NEUTRALITY.
&C. &c. &c.

relative TO the difficulty with Chile, the aespatcnes
sf Admiral Pareja and other documents connected WIN
this subject, have been laid before the Cortes
The following series Of communications exchanged oe'
tween Sir John Crampton the English Minister IN Madrid
and Senior Castro Spanish Minister for Foreign Affairs
appear among the dispatches communicated
SIR JOHN CRAMPToN TO SENIOR CASTRO.
MADRID Nov. 25, 1855
SR-Referring to the communication which made
verbally his Exceency the President Of the Council
diplomatic relations between the Spanish and Chilean
governments, l now beg to inform your Exceency
that have received instructions to communicate to
the government of her Catholic Majesty copies OF the
petitions addressed to her Britannia Maestys govern
ment by the Chamber of Commerce in England express
ing their apprehensons OF the disastrous consequences
their interests that may result from the present state
oil war between Spain and Chile.
Her Maiestys government ventures TO hope that the
considerations expressed in these petitions will not fail
have weight in the intentions which the Queen S
government does not doubt are entertained by gov
ernment of Her Catholic Majesty settle in amcable
and honorable manner its differences with the Chea
''''''' JOHN F. CHAMPION
SENIOR CASTRO TO SIR JOHN cRAMPToN.
MADRID Dec. T. 1865.
DEAR srR-I have received the note which your Ex-
-elency was good enough to address TO me the 25h
November last accompanied by two petitions from Eng
lsh mer antile corporations stating the prejudica nj
uects that might result 10 mercantile interests from the
conflict that has ars n between spain and the Chilean
republic With this motive your Excellency expresses
the hope entertained by her Britannia Maestys
ment that the considerations set forth in these docu
would have sufficient weight with her Majesty the
Queen incline her settle the question by amcable
and honorable arrangement
While reciprocatng the wishes expressed by your Ex-
Cellency behalf OF the important interests Of
must point out that Spain has, from the begin
ning endeavored and will always endeavor to the
injuries arising from war; far it is possible to effect
this The instructions given to the Spanish cruisers now
known to the public and also communicated to the dipO
matte corps resident in Chile demonstrate the real spirit
of the government in this matter 1t will not be, there
FORE her Majesys government that will be the cause Of
The inevitable damage that may be directly indirectly
suffered by neutral commerce, if the present conflict
with the republic Of Chile should assume greater proper
pfaff fnr hie1 thnr IN tfcalf ,,,
Consequences can the Spanish government accept any
responsibility.
Assuring your Exceency one more Of the good inten
lions Of Spain relative to the interests in question: take
bhs opportunity, &c M. BERMuDEZ DE CASTRO.
SIR JOHN CRAMProS TO SENIOR CASTRO.
Sf' st' w %; Madrid Dec 8, 1865
order published in the official Gazette Of
Madrid, announcing that the commapders and captains
general of the maritime departments, Sfsenas SQUAD
Tons and stations had instructed to treat
pirates and such 10 towards them all the rgor OF
thc law any vessel cruising as privatcer under the
Chilean lag the commander and officers Of which, and
the majority of the crews, should not be Chilean sub
jcts and should not have received their letter OF marque
direct from the government OF the republic.
have consequence been requested by her Majesty Is
government to point Iout 10 your Excellency that in
Its judgment the above mentioned instructions III accord
sctt International ldc s0ih has considered as p
yocy the elisment Of the subjects Of State in The torc
Of anoAer country destined for warke operations and
establishes distinction between the letter OF marqut
directly granted by the government Of beligeren ma
on and those that may be granted with the same obec
by its duly authorized agents.
Apart from the announcement In question, the instuc
ons Admiral Paeja that those prvaeers SHOULD
be treated pirates who may not be furnished with thu
necessary papers and are not manned IN the nanne
specined.
Her Maesty's government IT, nevertheless OF opinion
shat be expected that foreign gorernment chos
subjects liable 10 b. treated piraes by rrtae Of The
ssJuctons abcre mentioned r'u aeYuece IN su.h meas
Srea Receive, &c. JOHN +. CRAMPT0N
eESoR CASTRO TO SIR JOHN CHAMPION.
" MADRID, Dec H. 1865.
DEAR SIR have had the honor 10 receive your Excel
Iencys Of the 9th inst, upon the subject Of the
order published In the Gazette Of the 2sth ult relative
the treatment Of Chilean prvateers who may not full
nj the conditions specified IN that order Your Excel
lency informs me that her Majestys government
which has considered as pirates the subjects OF
nation who in time Of war may enter the service OF
another nation. From what your Excellency further
states learn that your government and tho foreign
governments whose subjects may be treated pirates
cannot scquiesce in such a course Of procedure.
To avoid doubt and better express the opinion OF her
Britannia Majestys government II would have been ex
pedent had your Excellency specially mentioned Tie pra
e,p< upon pkcA protection q claimed for tose O carry
priratering, ntha scourge Of humanity and legal
and organized piracy" as s 80 eloquently described
ey Lord Clarendon himself present Minister for Foreign
Anaira II would have been 70 much the more expe-
sas sa rspS. s,, % so p anSs wea son s.snsss@i IN a
oensraty Aold cpisioss d45eriag Jroa uoss maiI
ss,sd " as E~0lisA g.vsy~m.nt
II the privatcers citizens q neutral nation say Ps-
authorized BY their government 70 take out letter,
m.Evue tivm one oa sne uelsosen'., see., wsea ~
snred shouid ne ucatcd az prisoners on wnf ooseivancs
Of the laws q neutrality being required from their gov
efnmeni IL on heoonuary, tnose ina',uuas nave
eccopted letters OF marque osregaruing .ne aws tnci
country, and are Afterwards captured, then withou
doubt they must be treated ~ pirates -
the ground that although is lawful for nstioI
10 employ against lie enemy all the resources Of waE
s subjects and is mercantile marine, now can nation
he asks be justihed In enlistng into n service pr
saie individuals Of a neutral countryS How can III
ctrens OF nation at peace take part In war N
nation could recognize nationality In vessel under suc
circumstances 70 which u had given no permission
prm Neither could the vessel claim the nationality o
the country which gave II tho letter OF marquc since
would not fulfil the conditions OF such nationality ans
would not therefore, be legally covered by any flag
and ts acts, according TO International law, would
piracy. -
The subjects OF a neutral nation, says Hsutefcuil
tvolumo I, 4so who disobcying the orders OF thci
sovereign arm themselves under the nag OF belgerent
will be treated as pirates and not as legal enemies
should they fai into the power OF the other bcgeren
axainst whom they had voluntarily undertaken host