GENERAL SUMMARY.

Hawke's Bay Times, Volume II, Issue 40, 3 April 1862, Page 5 (Supplement)

GENERAL SUMMARY.

The hopes which we continued to entertain, through evil export and good export, of a pacific settlement of our differences with America have been happily realised ; and although the result has not been accomplished exactly in the manner we should have desired, the fact that the American government have surrendered their prisoners in compliance with our demand disposes of the main question between us. Lord Lyons received his despatches on *he 18th of December, and the next day communicated the

substance of them, as ho had been instructed, unofficially to Mr. Seward. Up to the 23rd, the American government declined to avail itself of the opportunity thrown open to it of making voluntary reparation, so as to escape the humiliation of appearing to yield to menace ; and accordingly on the morning of that day Lord Lyons made his official communication. Seven clear days were allowed for the answer. Four days elapsed without any notification ; on the morning of the 27th Mr. Seward announced the determination of the Cabinet in one of the most wonderful “ yams ” ever issued by a Minister of State. Earl Russell has replied to this marvellous State-paper by accepting the surrender of the prisoners as sufficient satisfaction, reserving for further consideration the grounds assigned for that discision by Mr. Seward, it may be well to show what these grounds are and what they are worth. The pith of Mr. Seward’s arguments amounts to this: that Capt. Wilkes was wrong, not in wbat he did, but in what he did not do ; that that was venial; and that it consisted in the mere “inadvertency” of not, taking' the Trent into port tcbe adjudged before a Prize Court. Were we to admit this interpretation ofinternational law, there would no longer be a shred of protection left for neutral flags engaged on their lawful business. In order to arrive at this result, Mr. Seward asserts the right of belligerents to search and capture neutrals, sailing between neutral ports, should any contraband of war be found upon them; and in order to accommodate this doctrine to the case of the Trent, he maintains what no jurist has ever held, or no judgment of an Admiralty Court even affirmed, that the persons of civil agents or representatives of the enemy, are contraband of war. Thus in order to support the violation of one fundamental principal of international law, he is obliged to set up another principle of his own, which is against all law. If the persons of civil agents arenotcontraband, the whole fabric of his reasoning falls at once to the ground. But the other assertion is still more fatal to his argument, and to his reputation as a statesman, because it involves either gross ignorance of a rule which lies at the very base of all international law, ■or a detorminatton to ignore it. A neutral vessel, making a voyage from one neutral port to another neutral port, cannot have contraband of war on board, that is to say that nothing found on board such a vessel so employed can be declared contraband, under any circumstances whatever. This was exactly the situation of the Trent; therefore, even assuming that the Southern Commissioners might be contraband had the situation been different, they were clearly not contraband on board the Trent. This indisputable fact alone is answer sufficient to the entire despatch. It literally cuts the ground from under Mr. Seward's whole position. But what of the right of search ? It is not denied that belligerents have a right of search in reference to all neutrals, whether they are plying to or from neutral ports or not. But why, it may bo naturally asked, should they be allowed a right of search in cases like that of the Trent, if it be laid down beforehand that there can be no contraband on board P Is not the existence of such a right, where it can take no effect, a practical anomaly ? The explanation is very simple. The right of search is exercised in such cases to ascertain that the vessel is really what she professes to be. Nobody disputes the right of Captain Wilkes to visit the Trent ; but having ascertained what she was, where she came from, and whither she was going, he had no legal right to remain one moment longer on board, and should have immediately withdrawn.

Another transparent fallacy in Mr. Seward’s argument is that while he refuses to recognise Messrs Slidell and Mason in any other character than that of rebels, he treats the whole question of their seizure as if they were belligerents, it being only on the ground of war that he could seize them at all. If they bo not belligerents, then the outrage upon pur flag becomes still more unwarrantable and audacious.

Again, the Federal government in sists upon treating the Secessionists as insurgents, and is indignant with those Powers who ai e disposed to regard them as belligerents; and in all its public documents it declares that it is not a nation at war, but, as Mr. Seward says, “ a nation at peace,’* oc-

cupied in putting down a domestic rebellion. Its position, upon its own showing, is exoctly parallel to that of the English G overnment in 1798, when it was dealing with the rebellion of Ireland. Now if this be so, if this be the position in which the the Federal Government really stands —that of being “ a nation at peace”—under what pretext does it claim the rights and privileges of a belligerent on the open sea ; Suppose England had set up such a claim during thelrish rebellion, what would the nations of Europe have said ? what would the United States have said? But, in truth, the Federal government is right. She is not at war. She never declared war; she never notified to the Sovereign Powers that she was at war ; and she never called upon them to observe the character of neutrals. Yet in the face of these facts, she claims the rights of search on the high seas, a right which cannot legally be exercised by any Power, under any pretence until it shall have declared war against another Power. She has manifestly no such right. She has not taken the steps to acquire it, and out of her own waters she is not entitled to be regarded in any other light than England was regarded when she was quelling the mutiny in India. The Federal government must not be surprised should her pertinacity force the Powers of Europe to press this argument to its logical consequences. That we have selected to consider the Southern States as belligerents does not affect the question as between us and the Northern Federation. It simply defines our position as neutrals, but gives neither party any rights against us. After all, how can there be “ cont raband of war” if there be no war? And, supposing all these arguments swept away, how can we permit America to come out on the high seas in two characters? Did the world ever witness a nation at peace, exercising belligerent rights at the same time ? Can such a Janus be allowed to assume either mark as it suits the purpose of the hour? One good we hope will come out of the affair—to compel the Federal government to choose its role, and carry it out. To be sure, that would at once solve the question between the North and South, but the whole world cannot be kept waiting upon a point of tactics. All these matters have to be set clear in the reply which Earl Russell is preparing to Mr. Seward's despatch. They suggest abumlantgrounds for apprehending that we are not yet done with America. There are other grounds besides. The barbarous act of clicking up the harbour of Charleston excluding for ever the commerce of the world from the most important outlet on the Southern coasts, has called down the universal indignation of Europe, and it is expected that the maritime Powers will remonstrate against the proceeding, and, if necessary, pursue their intervention still further. The adventures of the privateers and war-ships of both pai’ties over the seas and in neutral ports, are, productive of so much disturbance and tend so seriously to provoke collisions that the maintenance of peace cannot be guaranteed from hour to hour in the presence of such risks. Already at Cadiz the authorities have been affronted by a protest from the American consul against the admision of a Confederate vessel into the harbour, and at Southampton we have had a drama of bo-peep between two belligerent vessels, over which we have been obliged to keep watcli with a ship of war night and day. To crown the confusion, we have the Northern States in a condition of insolvency. The Power that menaces the whole world is literally going to pieces at home. The Treasury and the banks have suspended cash payments and the banks have declined to take up the third fifty milions of the national loan. Credit is dead ; and it remains to be seen what taxation and a reckless paper currency will do to retrieve the bankruptcy into which the entire country is plunged. All eyes are turned towards the army on the Potomac. Should pay fail and the troops begin to murmur, then the end of the end is come. The attitude of Canada throughout the recent impending negotiation has been in the highest degree gratifying. Without waiting for intelligence or suggestions from England, the whole population including all races, colours, and parties, commenced a voluntary system of organisation, until, to use the description of a local chronicler, the conn-

try was armed to the teeth. The great part of the reinforcements sent out from England have arrived in safety. If our difference with America has been productive of anxiety and a considerable outlay, it has at least served to furnish us with an evidence of Canadian loyalty which is considered quite worth what it has cost.

The domestic situation of Italy is beginning to attract more than ordinary attention. The Italian Parliament has met and passed a resolution which may be regarded as a vote of confidence in Ministers. Still there is a party of action that demands greater vigour in the Cabinet. But in the existing state of circumstances the possibility of advancing more rapidly is by no means apparent; while if matters be left to work themselves out for a little while longer, there seems no doubt that the peach will ripen and drop. The Pope declared on New Year’s Day that he will never yield an inch of territory, and at the same time expressed his confidence in the restoration of that which has been taken from him. This is more like the* language of a mau who despairs of the future, and is about to pull down the temple over his head, than of a man who understands the real difficulties of his situation. All such declarations, accompanied by anathemas against the hand to which he owes the preservation of that remnant of secular power which is left to him, must ultimately recoil upon himself. Nobody can do the work of Italy half so effectually as the Pope ; and it must be owned that he is doing it beyond the most sanguine hope of the most ardent patriots. The Bourbons, too, arc helping him to the utmost of their means. They have printed at Rome, and are about to issue at Naples, a proclamation calling upon the National Guards throughout the Neapolitan provinces to rise and expel the Piedmontese. This is a swifter way to bring about Italian unity and independence than even Garibaldi could put into execution, and we think that the General, who is now at Turin, and who has already summoned his legions to be in readiness, will give a little longer rope to the Pope and the Bourbon, rather than interrupt their zealous efforts by any unseasonable diversion. It is said that Austria intends to appeal to Europe against the armed attitude of Italy as a standing menace ; and in the meanwhile Eicasoli, through the Emperor of the French, has remonstrated against the military demonstrations in Venotia, and through her ambassadors at foreign courts has declaredjhe necessity of increasing her force.

M. Fould'has brought forward his budget,fand although at first it created a feeling of disappointment on the Bourse subsequent reflection has produced a more favourable impression. It is remarkable alike for what it does, and for what it does not. Under the former head, we have a gradual reduction of the army ; and under the latter a schcmeforequalising income and expenditure without resorting to a loan. The modification of certain taxes, and other financial plans applicable to current opportunities, will, it is hoped, enable M. Fould to accomplish an object, in which we are almost as much interested as France herself, and which we cannot help regarding with special interest arising from our recent commercial relations with her. It is satisfactory to find M. Fould speaking, with more earnestness than is usual with financial ministers, of the successful results of the treaty with this country.

The death of the young Prince Joao, of Portugal, following so rapidly upon the decease of his brother the late King, has thrown the population of Lisbon into a state of the wildest excitement. Of the seven children of Dona Maria, three have been carried off within a few weeks by a pestilential disease, now ascertained to be typhoid fever. A fourth was attacked by the same malady, but has slowly recovered. The superstitious fears of a people who are yet steeped in the ignorance of the Middle Ages, were easily worked upon by these disastrous incidents : and a mortality which science might trace at once to imperfect sanitary arrangements, was unhesitatingly ascribed to the other causes. A doom was believed to be impending over the family of Dona Maria, to be effected by means of poison administered through the agency of a Miguelite conspiracy. This notion had no sooner seized upon the population than the che-