The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1866-02-06

loss Of the American vessels Harry of the West from
Now Orleans for Liverpool the Menden from New York
for London and the Tgress of Boston. bound for Hull
The crews of all were rescued.
War Department order has been issued disseminating
the District of Missouri q military command
European Discussion OF the Rights OF
Prfvatcers and Neutral Nations.
Spain announced officially in December last
that she would treat as pirate any private
armed vessel found cruising under the Chilean
flag, unless the commander, officers, and the
majority of the crew should be Chilean
subjects, and unless the authority to cruise
had been received directly from the Chilean
government England felt her neutrality out
ragged by this The British government had
already seen that Spanish commerce might offer
tolerably fair field for that portion of the
British people which had built, equipped and
sailed the Shenandoahs and Alabamas, and ii
was very sensitive with regard to their inde-
feasible British right to prey on the commerce
of friendly nation. II felt that it must assert
that right or otherwise these dull Spaniards might
hang some day a round dozen of gallant Eng
fish tars who had been tealnsd, like the sailors of
the Alabama, in the war vessels of her Majesty's
navy. That would be An atrocity that Britain
could never endure. Besides, II the Spaniards
got to hanging, there was no knowing where
they would stop, and perhaps it might finally
be determined before Europe that England had
not the right to wage maritime war against all
other nations under the cover Of neutrality.
All that must be stopped short. This encroach-
ment on the rights of neutral Britain must be
nipped in the bud.
Sir John Champion was, therefore, instructed
by her Majesty's government to point out to
Spain that its purpose, as above declared, did
not accord with International law because In
ternational law 'has never considered as piracy
the enlistment of the subjects OF one State in
the forces of another country" and that, more
| over, this said international law, unlike the
| Spanish government establishes no distinction
between the letters of marque directly granted
by the government of belligerent nation and
those that may be granted with the same object
by Its duly authorized agents." Here Sir John
Champion makes very asinine non-sequitur in
one member Of bis sentence and lays bare in
another what he intended to hide-the purpose
Of his protest He gives two reasons why the
proposed act Of the Spanish government is not
in accordance with International law. First. il
is not in such accordance, because that law
does not consider as piracy the enlistment of
| the subjects Of one State in the service OF
another. Now, the Spanish declaration
never said that it did, this is n queer reason to
| give why that declaration should be illegal.
This reason has got nothing whatever to do
| with the subject. Spain does not declare, or
| claim, or require that British subjects shall
not serve on Chilean privateers or enlist i
Chilean forces. Indeed, having common sense,
she knows that they will be there
IL there is any money to be made
by it. She even leaves open q constructive
permission for these -"subjects of q neutral
State" TO cruise on Chilean privateers. She
more thon certain proportion. Have as
many Englishmen there as you choose, so long
as they are less than half the crew in number
and 1t will be all rights but II there arc half
or more than half--unless "the majority are
Cbilcans'--Span will punish all as pirates
That Is the declaration, and IL Is obvious what
diplomatic dolt the English Secretary is
when he declares this declaration illegal be-
cause the law "has never considered as piracy
the enlistment Of the subjects of one State in
the forces of another
Champions second reason why the Spanish
declaration Is Illegal IL, that international law
establishes no distinction between the letters
Of marque directly granted by the government
Of belligerent nation and those that may be
granted with the same object by its duly
authorized agents." Thus Champion shows us
that he knows as little OF the law of which he
pretcnds to write as he does Of the contents of
the declaration that he pretends 10 answer.
His ignorance of the law Is fully exposed In
the Spanish reply but point that the Spanish
dignitary could not well touch-the especial
purpose Of the protests let out In this
second reason. England Is DESTROYS that there
should be no distinction made between priva-
teers authorized directly by the Chilean gov
eminent and those authorized by that govern
ment's accredited agents; that Is, that there
shall be no distinction between privateen that
issue from the ports OF Chile and those that do
not 90 through that little formality, but re-
ceive their papers by mail across the Atlantic
say through Chilean consuls--and issue at once
from the ports in which they are built This is
the real purport Of Champions second reason.
Now, why should England be sensitive on thiss
why should she, NEUTRAL friendly nation, re-
quire that privateers be permitted TO sail from
other ports than those Of the country whose
flag they bearf Let the history Of the 5henan-
doah and the Alabama answer This, as well az
the history OF oil the other rebel pirate ships