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memory: A man may carry instructions in cruiser will cause will be at least as great as his head just as well as in written papers. the intelligence of the stoppage of the Trent And such a man is, in fact, neither more nor caused, at the first moment, in this country. less than a living despatch. It is difficult, Neutrals have something to suffer from belcertainly, to understand how, if the despatch ligerent rights, and beiligerents have someis contraband, the emissary can be innocent. thing to concede to neutral obligations. We And if you can by any means clearly estab- fear, however, that the people and the press lish that he is the bearer of instructions, it of New York are not likely to imitate the signifies not whether they exist in docu- good sense and moderation which have been ments, or in his own breast. It is this proof generally exhibited here in the discussion of which the commissioners, by their own con- an affair at first sight of an highly offensive fession, have supplied. It has been objected character. that the captain of the Trent might have We have no doubt that the “sensation been ignorant of the contraband character press” of New York and the Republican of his passengers:
In the first place, as a platforms will resound with denunciations fact, this is highly improbable. But in the of Great Britain for harboring the Nashville second place, it is wholly immaterial. A in its ports ; and that with the same ignocaptain who carries secret contraband is not rance and folly which have led some English absolved from condemnation, by ignorance journals to characterize the acts of the San of the character of his cargo. If a captain Jacinto as piratical, the American journalcarries gunpowder in a barrel labelled soft ists and orators will apply the same term to soap, it will be liable to seizure. And if he the capture effected by the Southern cruiser. should ship on board a seeming Quaker gen- | We have endeavored at some length to set tleman, who in fact turns out to be a bellig- out the reasons which ought to soothe the erent emissary, he must answer for it. English exasperation at the affair of the
We have said enough to show that it is Trent. And as for the important end of the doubtful whether there is anything in this preservation of friendly relations between transaction of which we have a right to com- England and the Federal Government, it is plain. At all events it is not such a case of equally desirable that the latter should be outrage as to absolve us from the duty of satisfied that it has no just grounds of comdiscussing it with temper and moderation. plaint, we shall endeavor to point out the The preservation of our friendly relations entire baselessness of the grounds on which with the United States is a matter of infinite it has been alleged that the English Governimportance, and not to be perilled by petu- ment are bound to refuse a refuge to the lance or passion. We in this country have Nashville. been sufficiently in the habit of censuring the As here in England it has been confidently blustering and bullying of American orators alleged that the Nashville might be treated and the American press
. We hope that in as a pirate in consequence of a defect in her this juncture we shall not imitate their bad commission, there is little doubt that this example. As belligerents we have always text will be largely insisted upon on the other enforced with strictness our rights against side of the Atlantic. Now this point may neutrals. As neutrals we cannot fairly re- be very shortly and summarily disposed of. fuse to submit to the law we have ourselves We shall not stop to inquire whether the laid down. A proud and powerful nation Nashville was or was not a public vessel of can afford to be calm without fearing the war, nor even whether she had a commission, imputation of want of spirit, and to be just either for the ship herself, or a personal without the suspicion of cowardice.
commission for the captain. And for this simple reason. It is wholly immaterial
whether she was a public or a private ship, From The London Review, 30 Nov.
and equally so whether she or her captain
had or had not a commission. When belligTHE CASE OF THE “NASHVILLE."
erents are at war, any ship of one side, We have dealt at length in another arti- whether public or private, may make capcle with the case of the Trent and the San tnres upon any ship on the other side, Jacinto. We have endeavored to expound whether with or without a commission. It the law of nations as applicable to that is a common error to suppose that a privatransaction, and to deprecate any unreason. teer without a letter of marque is liable to able irritation in this country at an incon- be treated as a pirate. That is not so. The venience which legitimately flows from our only object and effect of a letter of marque is position as neutrals. It is not improbable to give the privateer a title to the booty that when the news of the affair of the which he captures. But for that permission Nashville reaches New York, the exaspera- from his own sovereign everything which he tion which the success of the Southern takes is taken for his sovereign. But the want of a commission does not affect his he can acquire no property to himself in the character in his relations either to the oppo- prize, and if the act be contrary to the regusite belligerent, or to neutrals. If there is lations of his own sovereign, he may be liaany irregularity in his proceedings it is a ble to municipal penalties for his conduct. thing of which his own sovereign, and his But as to the enemy he violates no rights by own sovereign alone, has a right to complain. the capture. Such, on an accurate considerThe law on this point is just as clear and ation, will be found to be the doctrine of precise as that which we have quoted in the Puffendorf and Grotius and Bynkershock, case of the Trent. We refer to the same au- and they stand confirmed by a memorable thority.
decision of the Lords of Appeal in 1759.” Kent, Commentaries, Vol, 1, p. 95. This being so, it is plain that neither we “ The subject has been repeatedly dis- as neutrals, nor, indeed, the Federal Govcussed in the Supreme Court of the United ernment as belligerents, have anything to do States, and the doctrine of the law of nations with the authority which the captain of the is considered to be that private citizens can- Nashville might or might not hold from his not acquire a title to hostile property unless Government. If he captured his prize by seized under a commission, but that they lawful authority, he captured it for his own may still lawfully seize hostile property in benefit ; if he captured it without such autheir own defence. If they depredate upon thority, he captured it for his own Governthe enemy without a commission, they act ment. In neither case have we any concern upon their peril, and are liable to be pun, is, by the exercise of an impartial vigilance,
with the question. All that we have to do ished by their own sovereign, but the enemy are not warranted to consider them as crimi to prevent either party from making use of nals, and, as respects the enemy, they violate our territory for the purpose of hostile prepno rights by capture. Such hostilities with- arations or attacks on the other belligerent. out a commission are, however, contrary to We might, if we pleased, absolutely exclude usage, and exceedingly irregular and dan- both parties from our ports, upon whatever gerous, and they would probably expose the pretext they came here ; or we may, without party to the unchecked severity of the en
so extreme a measure, limit the use which emy; but they are not acts of piracy unless shall be made by both sides of the refuge we committed in times of peace. Vattel, indeed, accord them, so long as we extend to either says (B. 3, cap. 15, sec. 226) that private listment Act has defined the acts which are
the same measure. The Foreign Enships of war without a regular commission are not entitled to be treated like captures prohibited to be done within our territory, made in a formal war. The observation is
either by our own subjects or by those of rather loose, and the weight of authority un
other countries, in respect of equipping or doubtedly is, that non-commissioned vessels furnishing armaments to be employed against of a belligerent nation may at all times
other states. The following sections are ap
capture hostile ships without being deemed by the plicable to any attempt which might be made law of nations pirates. They are lawful to fit or improve the warlike fittings of vescombatants ; but they have no interest in the sels in our ports to be employed in hostiliprizes they may take, and the property will ties against another state :remain subject to condemnation in favor of “ That if any person, within any part of the Government of the capture as droits of the United Kingdom, or in any part of His the Admiralty."
Majesty's dominions beyond the seas, shall, And this doctrine is borne out to the full without the leave and license of His Majesty by a celebrated judgment in the Supreme for that purpose first had and obtained as Court of the United States.
aforesaid, equip, furnish, fit out, or arm, or The Nereide, 9 Cranch's Reports, p. 449.
attempt or endeavor to equip, furnish, fit
out, or arm, or procure to be equipped, fur“ Nor is it true, as has been asserted in nished, fitted out, or armed, or shall knowargument, that a non-commissioned armed ingly aid, assist, or be concerned, in the ship has no right to capture an enemy's ship, equipping, furnishing, fitting out,
or arming except in her own defence. The act of cap- of any ship or vessel, with intent or in order ture without such pretext, so far from being that such ship or vessel, shall be employed piracy, would be strictly justifiable on the in the service of any foreign prince, state, or law of nations, however it might stand upon potentate, or of any foreign colony, provthe municipal law of the capturing ship. ince, or part of any province, or people, or Vattel has been quoted to the contrary, but of any person or persons exercising, or ason a careful examination it will be found suming to exercise any power of government that his text does not warrant the doctrine. in or over any foreign state, colony, or provIf the subject capture without a commission lince, or part of any province, or people, as a transport or storeship, or with intent to ions, was a ship of war, cruiser, or armed cruise or commit hostilities against any vessel in the service of any foreign prince, prince, state, or potentate, or against the state, or potentate, or of any person or persubjects or citizens of any prince, state, or sons exercising, or assuming to exercise, any potentate, or against the persons exercising, powers of government in or over any provor assuming to exercise, the powers of gov- ince, or part of any province, or people beernment, in any colony, province, or part of longing to the subjects of any such prince, any province or country, or against the in- state, or potentate, or to the inhabitants of habitants of any foreign colony, province, or any colony, province, or part of any provpart of any province or country, with whom ince, or country under the control of any His Majesty shall not then be at war; or person or persons so exercising, or assuming shall, within the United Kingdom, or any of to exercise, the powers of Government, every His Majesty's dominions, or in any settle- such person so offending shall be deemed ment, colony, territory, island, or place be- guilty of a misdemeanor, and shall, upon longing or subject to His Majesty, issue or being convicted thereof upon any informadeliver any commission for any ship or ves- tion or indictment, be punished by fine and sel, to the intent that such ship or vessel imprisonment, or either of them, at the disshall be employed as aforesaid, every person cretion of the court before which such of80 offending shall be guilty of a misde- fender shall be convicted.” meanor, and shall, upon conviction thereof, upon any information or indictment, be pun
We are informed that our Government ished by fine or imprisonment, or either of has given the captain of the Nashville full them, at the discretion of the court in which notice that he is expected, in the refitting of such offender shall be convicted ; and every his ship, to observe the terms of this enactship or vessel, with the tackle, apparel, and furniture, together with all the materials, this country observes with fidelity the obli.
ment. And so long as the Government of arms, ammunition, and stores, which may belong io, or be on board any such ship or ves- which the Federal Government can reasona
gations thus laid down, it will have done all sel, shall be forfeited.
" That if any person in any part of the bly require, and, in fact, all that our charUnited Kingdom of Great Britain and Ire
acter of neutrality permits us to do. We land, or in any part of His Majesty's domin- America will have the good sense to see that
trust, therefore, that the Northern States of ions beyond the seas, without the leave and the case of the Nashville affords them no license of His Majesty for that purpose, first possible ground of complaint, or even of dishad and obtained as aforesaid, shall, by add- satisfaction, against England. We have ing to the number of the guns of such vessel, thought it worth while (even at the risk of or by changing those on board for other guns, appearing tedious) to endeavor to dispel or by the addition of any equipment for war, some of the popular errors on these importincrease or augment, or procure to be increased or augmented, or shall be knowingly endeavored to supply tends in the slightest
ant questions. If the information we have concerned in increasing or augmenting the degree to remove a spirit of irritation so warlike force of any ship or vessel of war or much to be deprecated between two great cruiser, or other armed vessel which at the and friendly nations, then our object will time of her arrival in any part of the United have been amply served. Kingdom, or any of His Majesty's domin
No. 920.–18 January, 1862.
Yet a little while, dear readers, bear with the long list of articles on the question of adding another War to the Rebellion. This matter may be practical as long as any one of you shall live.
In a few weeks,-perhaps only one or two more,-we shall be able to give you the usual supply of literature and light reading: and shall gladly leave it to our posterity to prove that British Sialesmen probably encouraged the Rebellion before it broke out.
1. The American Athens,
Bentley's Miscellany, 2. The Civil War: its Nature and End,
Danville Quarterly Review, 3. Letters of Junius: Comic Aspect, .
Bentley's Miscellany, 4. American Approval of the Trent Outrage, Examiner, 5. International Question and Answer, 6. War or Peace,
Spectator, 7. The Manchester School on the American Question, 8. Attitude of France on it, . 9. Will there be an American War,
Economist, 10. Effect of War Rumors on Cotton, 11. The Casus Belli,
Press, 12. A War with America, 13. German Opinion, 14. French Opinion, 15. Peace or War,
Saturday Review, 16. Canada, 17. The Situation,
London Review, 18. What Canada will do, 19. Sundry Pieces from
Punch, 20. Count Gasparin's Advice to America,
Journal des Debats, 21. The Loves of John Wesley,
Spectator, 22. Michael Scott of Blackwood's, .
PAGE. 131 141 150 158 159 161 163 164 165 167 168 169 170 179 172 174 175 178 179 180 186 189
POETRY.– Nunquam Novus, 130. Church-Decking at Christmas, 130. The Picket Guard, 157. Peagrim, 157. Twilight, 192. Ramah, 192.
SHORT ARTICLES.-All Things, as seen by the Pope, 140. The Inquisition vs. The Spiritualists, 240. Amateur Photographic Society, 149. Influence of the Mind on the Body, 185. Encroachment of the Sea, 188. Purification and Extraction of Oils, 191. Oxygenated Water, 191. Bleaching Flowers, 191. History of English Society, 191.
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Of fruit that scented shores of fable !
And scanty were the acres stripped I love to know that they are olden,
By that seythe, terrible and able ! Through silent centuries have strolled, That fields unreckoned since hath reaped. The legends sung when days are golden, The tales to simple childhood told;
The Brahmins' stern untrammelled history
Traditions of the Buddhists wild, That they were born in distant countries,
How flowing with poetic mystery,
How grateful to the craving child.
To politics ; when they have grown,
They'll laugh to know that Goosey Gander The frog who would a-wooing go,
Was a squib at greedy church-rates thrown. Ho strutted on the plains of Tartary Some fifteen hundred years ago.
Should steady John or studious Georgey
Become a curate (God forbid !) Puss in her Boots in Indian jungle
They will cry“ What ! traduce the clergy;” Was coaxing crafty chieftain's child
And yet much good, Jack Sprat, you did ! When Time was young, and loved to mingle With racco primitive and wild.
Though, should they learn that Humpty
Our childimniearts with jokes can please, They may say, “Life is vain and empty,
The selfish prelate's shame was well."
Jack Horner, who despatched in corner Athenæus the Greek relates them
The Christmas-pie, was lashed with scorn In China of Confucius told ;
For preaching Faith, yet playing fawner,
Before despotic Charles was born.
He lived in Bath. What poet fretful
Would not his grandest lyrics give,
Amid its dales and woods delightful,
For one pacific week to live.
My song is like the world—it opens Invented feasts or boasted mayors,
With poetry, but abruptly ends The bells bad rung prophetic ditty
With politics ; the dark night deepens ; In Whittington's astonished ears.
Rest wooes the head that weary bends. - Chambers's Journal.
C. Long, too, ere Gessler with his wreakings
Of wrath had sworn Tell's pride to still If th' apple were not pierced, the Vikings Of Norseland had rehearsed his skill.
CHURCH-DECKING AT CHRISTMAS. The howl of Gelert's hound hath echoed
BY WILLIAM WORDSWORTH.
Would that our scrupulous sires had dared to
leave Jack killed the giants, and his namesake
Less scanty measure of those graceful rites
And usages, whose due return invites Clomb bean-stalks, and the rude wolf's roar A stir of mind too natural to deceive; Bid Riding Hood fly, for the dame's sake,
Giving the memory help when she could weave When Scandinavia greeted Thor!
A crown for lope! I dread the boasted
lights Such were the travels and adventures
That all too often are but fiery blights, Of this brave god and his brother-gods, Killing the bud o'er which in vain we grieve, Ghosts of the mythologic frontiers
Go, seek, when Christmas snows discomfort Grim haunters of mysterious roads.
The counter spirit, found in some gav church How Legend loathes to change its habit! Green with fresh holly, every pew a perch
Tom Thumb has never grown an inch, In which the linnet or the thrusli might'sing, Though he was born in flowery Tibet,
Merry and loul, and safe from prying search, When Father Time made pleasant lunch Strains only offered to the genial spring.