THE RIGHTS OF NEUTEALS AND BELLIGERENTS.

Wellington Independent, Volume XVI, Issue 1697, 4 February 1862, Page 3

THE RIGHTS OF NEUTEALS AND BELLIGERENTS.

From the Sydney Morning Herald, January 16.

At the present moment we can do nothing more acceptable than state in a distinct form the law of nations respecting the rights of belligerents and neutral powers in reference to ships and merchandize as held or lately held by English jurists. 1. The belligerents have a right to capture the persons and confiscate the ships and goods of their enemies, in the open sea, whether ships of war or commerce.

2. They can confiscate these goods on board the ships of neutrals paying the freight, but not the neutral goods on board of an enemy's ships. 3. The belligerents may capture, without paying freight or indemnity, all goods, even those belonging to a neutral, which are contraband of war, or which, on account of the form, quantity and number, are directly useful to war, and intended for the enemy, but the ship is not liable to confiscation if the ship and goods belong not to the same persons, and are not disguised by false papers.

4. The belligerents may take on a valuation whatever goods useful in war they find in a neutral vessel, although not contraband of war, if it would tend to succour the enemy. 5. The belligerents have a right to blockade the seaports and the coasts, and to confiscate a neutral vesselfound there, but the blockade must be constant and effective by a sufficient naval force. The liability to confiscation, however, is limited to the single voyage, going and coming. 6. To enforce these rights, the ship of the belligerent in commission may visit and examine merchant ships, to ascertain whether they beJong .to the enemy, are destined for his port, have certain goods belonging to him, or any contraband of war.

7. The belligerents have also the right to decide in their own courts all questions affecting the law of nations.

The rights thus claimed for belligerents are deemed necessary to prevent a neutral assisting other belligerents, and thus, under cover of trade, becoming really a party in the war. Neutral powers are bound in good faith to submit to the necessary restrictions and inconvenience, extending_ to limit Ithe extent of war, and circumscribing the evils it brings, as much as possible, to those who wage it. War is, and must be, a calamity, but national honour seems to require that no person should give a clandestine aid to an attack upon a friend. These rules are sometimes violated, and against weak Governments, they are violated with impunity. With great States, it is not so. A neutral must yield up something of the freedom of commerce, that it may not be absolutely destroyed between hia own country and the nations at war. The following are the principal rights of neutrals, as set out by English jurists : — 1. They have a right to continue their relations with both belligerents, but they cannot conduct the commerce of the belligerents, from which, as in a coasting or a colonial trade, they would be exluded in a time of peace. A neutral power may even buy and sell the goods of belligerents, provided there be a real and not simulated change of proprietorship.

2. They have a right to the freight on all goods of the enemy, found on the ships and confiscated, not being contraband of war. 3. The ship of a neutral is. not liable to confiscation on account of conveying the goods of the enemy.

4. Ships are not liable to confiscation because they carry goods contraband of war if without disguise, .at least, if the ships and the gooods do not belong to the same persons. — (Diplomatic de 'a Mer.)

This statement of belligerent or neutral right is descriptive of English jurisprudence. It does not recognize, but repudiates the doctrine that the flag covers the merchandise, which is the American doctrine. It also comprehends the rather disputable right o! taking neutral goods, not contraband of war, if likely to be in any way serviceable to the enemy. The late treaty of Paris has modified the English policy, although it doubtless still goes further in favour of belligerent rights than would be recognised by any but a first rate naval power.

The American principle that " free ships made free goods" deprives the belligerent of the right to enquire into the ownership of any cargo, or to take it if contraband of war. Thus, whenever, the blockade is broken by a success of the South, the English ships would then be entitled to carry off Southern cotton although belonging to Southern people. The doctrine of free ships make free goods must alwaye be favoured by a carrying nation, as giving a premium in favour of their merchantmen

The right to capture a reluctant citizen of the belligerent State on board of the ship of a neutral in the open sea, is rather new to us. The importance of the capture itself to the State making it may induce a Government to risk a war, rather than not strike a great political blow. Whether legal or not it is a great violation of the sacred right of asylum, which every country offers by its flag to all who are permitted to remain beneath it.

A gentleman well informed in American policy expresses his full conviction that the Southern Commissioners have been taken from the English steamer, and that the Government of. Washington will avow the capture. He reminds us of the well-kDown arrest of English sailors, by. men-of-war, on board American traders ; and he cannot see any difference between the two cases. We are not prepared to prove there is not a very awkward and portectous resemblance. If the right of each extends so far, we presume it must be allowed on both sides of the water.

of Color-Sergeant Collins, and a copious digest of all the news of the month.

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