The New York herald., 1866-02-05

| may deem it expedient to put it into practice.
treaty with the United States that subjects Of ehe'
~dsow exercising privaeeing d0diHa either Of them sccr
p,rases and even should this instance not oe Sxacuy
parallel TO the In question: which concerns Chilean
prvateer armed contrary 10 International law that is
by the number of neutral subjects predominang IN
the crew. proves nevertheless that Great Britain then
admitted this principle as she even did upon anterior
| occasions.
prohibiting the armament and enlistment Of their sub
ects 10 take part In hosties against nations with whom
they peace An English subject for example, who
should make preparations to exercise pvaeerng against
Spain would commit an act against the laws OF his cou
try If he does not act IN conformity with the laws o.
Span who is the adversary whom he would njure. ne
knowingly and upon his account runs the risk OF
the Spanish law being applied to him, and his own gov
ernment has no right TO extend protection TO him. nor 70
oppose the adopted by the country against
which the said subject had prepared to make war
1t appears to me unnecessary to point out the dier
ence exs ing between subjects of patton enlistng
in the service Of another and those accepting letters
of marguerite the nation who employs them
the second for their profit at the expense OF the
| commerce of the other belligerent.
Not knowing, repeat, the principle upon which her
Britannia Majesys government bases its representa-
tons her Majesty grounds her determination upon the
opinions of the most accredited writer's, and above ALL
upon the precedent afforded in a much more severe
form and with greater restrictions, by the French gov
ernment which accepted the declaration of Vice Admit
raj Baudin of the Sth January. 1889, against which it
| appears no foreign government protested
Requesting your Excellency ay before your govern
by Spain in adopting measure forming the subject Of
~ w ~ n BERMtbDEz DE CASTRO
SIR JOHN cRAMPToN TO SENIOR CASTRO.
MADRID, Dec. H. 1865.
SIR-Referring to the correspondence exchanged be-
tween her Majesys Charge dAars Santiago and Ad
SOU adron of the Matias Consino sailing under
the English flag, her Majestys Charge dAfars states
will be established board his Excellency's flagship
the Villa de Madrid, and under his presidency.
am instructed to direct the particular attention Of
her Catholic Majesty's government to this matter.
similar proceeding is, in the opinion Of her Maesty's
government, new, nadmissible and contrary to the
principles OF international law, which establishes the
regulations Of the reciprocal rights obligations Of
belligercns and neutrals in maritime warfare
Neutrals have the ncontestable right OF being tried
before duly constituted tribunal the country Of the
capor with all the formalities of JUSTICE they are en-.
titled to employ agents and counsel TO court properv
so called and TO tribunal of appeal
Her Majesty's government will easily comprehend
that the deck of blockading flagship offers of
these indispensable requisites of international Justice
n neutral is founded
Her Maesty's government entertains no doubt that
the government Of her Catholic Majesty will entirely
concur with it in the accuracy of the principles which
have alluded and confidently expects that it will give
the necessary instructions to Admiral Pareja desst
from the line OF conduct which he proposes follow
the matter in question avail myself, &c,
SENIOR CASTRO TO SIR JOHN CRAMPTON.
Madrid, Dec IL, 1865.
DEAR SrR-I have had the honor to receive your Ex.
ceencys note Of the 9Th inst, Wherein referring to the
capture Of the steamer Maas Consno sailing under the
English flag by the force Of Admiral Parca you desg-
fgate dc Madrid new, inadmssable and contrary to
international law. Your Exccency at the same time
states the right Of neuras to be tried before tribunal
constituted in the country of the captor.
In submitting to your Excellencys consideration the
reasons am about to state in reply, it is not my
toraned BY the British "ses upon the
point respecting the residence Of the tribunal
ml mhn % H Eg''s sys ss' by which d
given such repeated proofs of the rectitude of its
views and its favorable disposition towards neutrals
ha-n .tpfap
in which the prize court should discharge its functOns
and If now make this matter q subject OF remark It il
solely from the necessity Of defending the chief Of the
Spanish forces from the unjust and unfounded cen.
sures passed upon his acts in your Excellencys note
when their principal motive was the convenience Of
acted In manifest opposition TO the principles Of inter-
national law applicable to the matter in question.
The Spanish ports nearest to the station occupied by
the Spanish squadron those Of the Islands Of Cuba
and Porto Rico those OF the PHILIPPINE Islands; and
If prize court had been established at any Of these
period Of time exceeding two months would have to
have been employed in conveying thereto the prizes
taken by the Spanish ships.
Thus the delay occasoncd by the voyage to the resi-
dence OF the court would be TO the prejudice Of the cap
ured vessel while by trying the In the place where
the capture effected all unnecessary injury Is avoided
the trial follows Immediately upon the capture and
when the Judgment is favorable the captured bark shortly
RECEIVERS her liberty.
In condemnation of the prize the adoptcd
by Admiral Pareja Is also advantageous The decisions
stating captures to be legal prizes that may be made by
the tribunal over which Admiral Pareja presides have
to be submitted TO the Council Of State, formaty
quiring nconsidorable amount of time, which would
sun iuher Increase .he uciy orglhatea Dy the convey
anoe oi .he PAo W PoI. iu opahsh ,rtory ana wncn
,hc n'sner couit mient revoke inc aecisoh Oh the
oMer peou Oh nVe months wouid eiapsc between the
oay ., capture anu tne res.ituton OF the prize But
Win tne tribunal constituted Dy Admiral Parea, the
reversing the prize decisions OF that tribunal
WOULD oe received through 'he post thus greatly expe.
State and reducing the loss and prejudice
W tne captured VesseL -
.nis nucn appears upon examining the question
from the point OF view OF neutral interests also
ierrng 70 sne aoc,rne estaolsned oy the anthortes
upon n'enauona aw reasons are iouhd wnicn NJ least
exclude al IDEA oi arptraness IN the conduct Of Ad
mlIai farela
Inc expounaers OF inteinauona law 10 deciding that
the court Trying prize should oe esapshed In the ter.
rory OF the captor they could only nave proceeded
upon the ground he respect Que 70 the independence
of nations whch VIII not receive Or recognize superior
Judge 10 weigh and quaiiIy their own acts
From TINS independence proceeds the right OF ships OF
war 70 DC regarded ntegra parH OF the territory OF
tne 1a.on 10 which tney De,ong ana consequently an