The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1878-04-27
ENGLAND AND PRlvATEERING.
PLAIN FACTS REGARDING THE vExED CUES
TON TRUTH AND FICTION.

PLAIN FACTS REGARDING THE vExED QUEs-
TON TRUTH AND FICTION.
From the London TRUTH
A good deal OF vague correspondence has been
going on in the 7smes 10 prove dsprove that,
In the event OF the ports being block AIDED by
our neets British commerce will pursue the even cur
rent OF ls way across the ocean ~ though war did
not exist Most OF the correspon dents for and
against this theory have evolved their facts
respect to international law from their moral
sc,ousnsss. Tho subject Is somewhat = technical
one and It is impossible to dogmatize upon Il with
out having thoroughly studlcd It, a coobier who
has learned TO make shoes knows more about
them than the greatest sage who has never cobbed
spent years OF my lie professionally learning inter-
national law, and this Is why know more about Il
than than the ingenious, but, no DOUBT moro intel
ectuay gifted correspondents Of the Times. who NIX
up privateerng with piracy and fancy that the latter
might be put down by tho simple expedent OF hang
ing those who engage 10 il. Piracy exercising
OF hostility on the high without u commission
from any government, or exercising Thorn with q
commission from two governments Thus II . priva-
during the Crmcan war had obtained letters OF
marque from France and England and, after destroy
Ing = Russian vessel, had been taken by tho Rus
sans captain and the might have been hanged
as pirates Why this Is DO not pretend to know,
but OF tho fact according to international law there Is
no question.
PIRAcY-wHAr I is NOT.
Under no circumstances vessel with o letter
OF marque from beliigerent become pirate II the
vessel be captured It's crew arc prisoners OF war;
Were they otherwise treated this would simply lead TO
reprisas on prisoners taken the belgerent that
treats them In exceptional manner bel
ligerent may establish prize courts In neutral ports
The decision OF these courts are binding Tho effect
of condem ation however, is merely lhis:Ifa ship
a half W at eri he TAKE Nv
vessel OF war or by privateer makes diG erence)
and II IL be rctaken before condemned by q prize
court Il reverts 10 It's original owner; but II once
condemned, the original owner is Invested OF all prop
erty on it. Thus, supposlng that an English vessel
was taken By Russian privsteer brought into port
then on ITS voyage from this por 10 BIO taken by
English vessel would not revert 10 the owner, but
become the properly Of the English Admiralty
onco taken ship the absolute properly Of tho
capor he cannot Dfof M. mo pos' !. % os con
the risk being shown that doea NOT really be-
long 10 ocigerent, In which case no would have 10
pay heavy damages 10 the State 10 whom II docs
belong BY Treaty OF Paris certain countries, In
the exercise OF their sovereign rights, agreed
henceiorw ward hot to have recourse, as means
OF war to sla course" ny which was meant that
they would not issue letters OF marque 10 ship
owners, allowing them 20 make war on Joint ac-
count with the issusrs. II would be most unjust
were any OF them TO Withdraw the first time thar
tney are al war from this engagement. But were
Russia 10 withdraw there would be remedy against
her Deyond q declaration Of war, ana would al
w""d Dc be- the State and the
vduas acting under letters Of marqus granted by the
State.
countries have ever agreed Russia would, there
fore. pretend to md an excuse Tor issuing
letters OF marquee ~ pleading that wo were
unfairly condemning as contraDand OF war
what, by International law, Il not con,raband
dence is suppose that Russia could proy
our commerce. were sbe 10 MAINTAIN the Declaration
be srme ticaiIy sealed up. Nothing would be
than have what practically, would be privateers,
A term which is used in technical sense
limited IN It's application, and u used In general
ssns most vague the 10 pa
A ussian agent would ouy snip, say, IN spanish
port. IL would DO equipped to &C! as vessel
OF war, bus u would not be armed II would then
innoccnly sail oil the port AT, say the
Azores there would be guns Tor II In another snip.
The first would sail the Azores The second
vessel would ISSUE from Azores Beyond the three
miles territorial limit. that ~ 70 say on ths high seas,
tho gus would be transhipped IRON tho second into
Inc nrst vessel Russian naval officer, heretofore
passenger, would then read his commission, and tho
vessel would become Russian ship-of-war
TWO CURIOUS SUGGESTIONS
It may be salu tina. ~, our consaIs would DO on
to,s trick. / deny that il would be possible
10 watch every port IN the world. Be-
sides @ We asws aways se n,su. ss ina.
sells Is perfectly legitimate. That sucn vessel OF
war would DO unable 70 coal Rather, ~ ought TO he
II 1t would nay heavy price. II would be certain 10
be able 80 obtain coal ana other supplies
oTnERs WOULD CoMK
That the career OF sucn vessels Of war upon the
ocean would be brief one Is very probable. But
possibility OF sucn vessel being brought
INTO existence would make tho rates OF in-
sursncs upon goods carried British bottoms higher
tuan on goods carried In neutral bottoms, ana this
differences OF rates would nave Inc effect o. making a.,
the ormer-that Is " say wo shoua lose our carry
ing trade
We must deenu our interests, II they are attacked,
by fighting Tor them. But we must not through
ignorance got INTO Tools paradise lay the Halter
ing unctiun 10 our souls tbst We can 20 10
without feeling tne effects OF war Our no.
ton OF maritime International law has always been
TO vary views according TO our particular
tntercsts During the Criniean war 1 was
attacne OF our Legation ut washiDg ton We were
instructed 70 convey 10 the United states our views
OF International Law. This We md IN document
Of portcntous length. the reply was pointed. Very
our arguments, but We were informed that the
Attorney General OF the United States regretted 10
perceive that our opinions were as insuiar our
geographical position. As a humble member OF The
Legation was OF course Indignant al this sheer, but
merited
RUSSIANS CONSULTING AN AUTHORITY ON
INTERNATIONAL Law PROFESSOR BLUNT
scHLrs oPINIoN--A CAPTAINS COMMISSION
SUFFICIENT.
from the Pail Mall Gazette, April OIL
ono OF tho most terrible wars OF modern times 10
scarcely at an three members OF the Society
OF ouds--descrbed as ''mcn OF the highest respcct-
bInty and earnest workers In tho cause OF human
ny-nsve forward with proposition for settling
BY polite discussion all sucn disputes that which
lately involved Russia and Turkey in deadly strte.
the gentlemen IN question have not yet worked out
tho problem for themselves, but thoy arc willing TO
OF IA a. IA aett
forth .phe most practicable plan Tor promoting the
speedy substitution Of judicial tor violent methods OF
settling international disputes" rho essay need not
be sent before the end Of the year 1878, by which
time millennium, SO often postponed, may really
be on point Of beginning, anu In tho summer OF
1879 the prize will DO adjudicated. Englishmcn
formally invited 10 compete, though II any English
man has really discovered practicable plan 'ior pro-
motlng speedy substitution OF judicial for violent