GENERAL SUMMARY.

Wellington Independent, Volume XVI, Issue 1710, 25 March 1862, Page 5

GENERAL SUMMARY.

(From the Home News, Jan, 27th) The hopes which we continued to entertain through evil report, and good report, 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 ihe 18th of December, and the next day communicated the substance of them, as he had been instructed, unofficially to

Mr. Seward. Up to the 23rd, the Ameri" can government declined to avail itsel of the opportunity thrown open to it o' making voluniarv reparation, so as" to escape ihe 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 I 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 "yarns" ever issued by a Minister ot State. Earl Russell has replied to this state-paper by accepting the surrender of the prisoners as sufficient satisfaction, reserving for further consideration the grounds assigned for that decision by Mr. Seward. It may be well to show what these grounds are, and what they are worth. The pith of Mr. fSeward's arguments amounts to this : that Captain Wilkes was wrong, not in what he did, but in what he did not do ; that that wrong was venial, and that it consisted in the mere " inadvertency" of not taking the Trent into port to be adjudged before a Prize Court. Were we to admit this interpretation of international 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 ever held, or no judgment of an Admiralty ever 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 principle 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 are not contraband, the whole fabric of his reasoning falls 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 al the very base of all international law, or a determina'ion 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 onboard 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 <jfeftw is answer sufficient to the entire despatch. It literally cuts the ground from under Mr. Se ward'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 neu tral ports, or not. But why, it may be natuially 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 ' Is not the existence of such a light, where it can lake no effect, a practioal anomaly ? The explanation is very simple. The right of search is exercised iv 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 be not belligerents, then the outrage upon our flag becomes still more unwarrantable and audacious. Again, the Federal government insists upon treating the Secessionists as insurgents, and is indignant with those powers who are 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," occupied iv putting down a domestic rebellion. Its position, upon its own showing, is exactly parallel to that of the English Government in 1798, when it was dealing with a rebellion in Ireland. Now if this be so, if this be the position in which 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 the Irish 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 uever declared war; and she never called upon them to observe the character of neutrals. Yet in the face of these facts, she claims the righc 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 iv 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 right against us. After all, how can there be " contraband of war" if there be no war? And, supposing all these arguments swept away, how can wo permit America to come out on the high seas in two char- ' acters ? 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 mask as it suits the purpose of the hour ? One good we hope svill 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 abundant grounds for apprehending that we are not yet done with America. There are other grounds besides. The barbarous act of choking up the Harbour of Charleston, excluding for ever the commerce of the world from the most important outlet on the Southern coast, has called down the indignation of Europe, and ifc 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 parties over the seas, in neutral ports, are pioductive 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 ot such risks. Already at Cadiz the authorities have been affronted by a protest from the American consul against the admission of a Confederate vessel into the harbour ; aud at Southampton we have had a dramt of bo-peep between two belligerent vessels, over which we have been obliged to keep watch with a ship of war night and day. To crown the confusion, we have the Northern States in a condition of insolvency. Tho Power that menaces the whole world is literally going to pieces at home, the Treasury aud the banks have suspended cash payments, aud the banks have declined to take up the third fifty millions of the national loan. Ctedit is dead ; and it remains to be seen what taxation and a reckless paper currauey will do to retrieve the bankruptcy into which the entire country is plunged. All eyqs are turned towards the army on the| Potomac. Should pay fail, and the troops begin to murmer, then the beginning of the end of the end is come. The attitude of Canada throughout the recent impending negotiation has been in the highest degree H§ktif) ing. Without waiting for intelligence, or suggestions from Englaud, the whole population, including all races, colours, and parties, commenced a voluntary system of organization, until, to use the description of a local chronicler, the country 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 he 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 man 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 hopes of the most ardent patriots. The Bourbons, too are 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 Piedmoutese. 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 hie legions to be in readiness, will give c little longer rope to the Pope and the Bourbon, rather than interrupt theii zealous efforts by an unseasonable diversion. It is said that Austria intends to appea to Europe against tho armed attitude o Italy as a standing menace; and in th<

meanwhile Ricaaoli, through the Emperor of the French, has remonstrated against the military demonstrations in Venetia, and through her ambassadors at foreign courts has declared the necessity of increasing her force. M. Fould has brought forwaid his budget, and although at first it created a feeling of disappointment on the Bourse, subsequent reflection has produced a more favorable impression. It is remarkable alike for what it does, and for what it floes not. Under the former head, we have a gradual reduction of the army; and under the hitter a scheme for equalising 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 Jao, 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 Donna 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 sanitory arrangements, was unhesitatingly ascribed to other causes. A doom was believed to be impending over the family of Donna Maria, to be administered through the agency of a Miguelite conspiracy. This notion had uo sooner seized upon the population than the chemists' shops were sacked by infuriated mobs, and every drug supposed to possess a poisonous ingredient was destroyed ; the body of the late King was exhumed; and the present King was compelled for his safety to take up his residence in a a suburb. These evidences of the low condition of education in the miry, mediaeval capital of Portugal are sufficiently deplorable ; but they bear testimony to two facts, upon which the reigning dynasty may be fairly congratulated. They show, in the first instance the popular abhorrence of the male branch of the family, represented by Don Miguel, and iv the second, they evince the strong feelings of attachment with which the Bttrviving descendants of Donna Maria rare regarded. These rude indications of a deeply-seated loyalty may be turned to the happiest account, if the new King knows how to take advantage of so propitious an opportunity. The Revenue Tables for the quarter .and the year exhibit a decrease, the former in upwards of one million, and the latter in ups\ards of three millions. The falling off is to be attributed solely to the remission of taxes. The repeal of the paper duty, the reduction of the income tax, a considerable portion of which is not yet collected, and the postponement of the hop duty, fully explain the apparent decline ; while the absolute advance in productiveness exhibited under other hedds show upon the whole that our finances are in a highly satisfactory condition. , A large and influential meeting had been held in London for the purpose of carrying out the design ef a national memorial to the late Prince Consort. A central committee was appointed, and committees are to be organised all over the country for the purpose of receiving subscriptions. Of all our national monumental structures, it is anticipated that this will be the most ambitious. The Queen continues to receive addresses of condolence from all parts of the kingdom, from all societies, professions, and institutions, and from all places where English people are congregated in Europe and America. There never was so wide or so deep a feeling of sympathy exhibited before on any similar occasion. The Queen still preserves the strictest retirement at Osborne. Her Majesty's profound sorrow for her irreparable loss finds consolation only in , the bosom of her family. The King of the Belgians has been on a visit to her Majesty, and his presence has greatly contributed to solace her affliction. A dreadful colliery accident, resulting iv the death of two hundred and fifteen persons, had occurred at the Hartly New Pit, on the coast of Northumberland. The late Prince Consort has willed the whole of his properly — a very considerable sura — to the Queen, for the ultimate benefit of their young children. His care of the revenues of the Duchy of Cornwall will result in the Prince of Wales huving 1 nearly half a million in baud when he '_ oomes of age next November, together , with the annual income in the best poss--1 ible order.