8 Aralık 1861 Tarihli The New York Herald Gazetesi Sayfa 1

8 Aralık 1861 tarihli The New York Herald Gazetesi Sayfa 1
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THE NEW FORK HERALD. WHOLE NO. 9220. NEW Yi)RK, SUNDAY, DECEMBER 8, 1861. PRICK XHRKK CENTS. IMPORTANT FSOM HAVANA. SAILING OF THE EXPEDITION TO MEXICO. THE 8LIDELL AND MA80H QUESTION ormeii op the cvbas hem. ARRIVAL OF A REBFL VESSEL FROM NEW ORLEANS, III) lw?) Oar HavaM CorrtipondcnM, IUvaju, Nov. 30, 1861. Mkp+htum to Mtxico ? Mart J tout Matun and SlidtU ? A Cargo of Six Hundred and Twenty five Segroet Landed ?n ike Island ? Prosperity of Porto Rieo? >'???!? in rori ? The Opera, etc., <fc. m Tho expedition to Mexico is an event in history ? the opening, beyond a doubt, of a memorable page, the atory about to be written upon which may bo of no small mo vent in the social and political aflkirs of our American world. The reaaons given for thua invading, rightfully or wrongfully, the aoil of Mexico, during a time of peaco letweon that country and Spain, admit of bat one conclu sion, the logic of which is, to me at least, Irresistible. Ao design, we are told, la to eetabliah a government, constituted in such a manner as to be satisfactory to Spain, aud to exact guarantee* that the abuse* of fbrmor times ahatl not be repeated. The former 1* impossible V tho people are free to chqoee and ohange their government, and the latter equally impossible un leas the govorameut bo placed beyond the chance* of revolution. Therefore tho design indicated, if booeatly meant, is (imply absurd. To establish per manent order? and that is tho real Idea? in a country like Mexico, torn by inceesnnt revolution, a prey to private ambition on the one hand, and a half civilized, Ignorant population on tho othor, would require a desjiot lam strong enough to resist the upheaving* of a restless and impulsive people, whuso normal condition, since they have been left to thomselvos, lum been anarchy. From such a government only caa satisfactory guarantees be ox peeled, and to establish such tho governing power mast be taken out of the hands of tho people. To do so, I think, amounts to subjugation, which must bo main tained until the fruits exported from such a measure can bo gathered. Tho subjugating power at st porm<?ate evorywlierc ? to tho very extremes! ports of tho body corporate. Government Is an elaborate piece of work, very difficult and expensive. Yet, when Spain fIirII have the entire country in her gra#p, and wt>n the shall have erected the complicated and ditiicult nm hlnery of government , she is expected to retire and allow matter* in Mexico to return to thoir original chaos. Credat jud-eus Applies; non ego. In the meantime, for (ho proaoct, wo will say, iioxican history will form ft jmrt of that of Sfain, and the opening of tho now chapter was written by the Jrst division of tho expedition, which sailed from hero yesterday morning. U consisted of seven transports, carrying frpops and munitions, and convoyed by four war steamers. On Monday and Tuesday the sccond and third divisions irill leave. I will endeavor, as soon as possible, to obtain correct detail* of the entire expedition. The OonttitutimnH of Cadiz announces that the ship cf -war Re ine Isabel II., 86; sailing frigate Cortes, 42, and corvette Villa do Bilbao, 30; also, a sailing vessel, with ?onto of the screw schooners, carrying two or three gum, which belonged to tho squadron of instruction, wll] shortly bo sent to Mexico, and that tho third and fourth regiment* of marine* are preparing to come to Havana. The Gulf will soon swarm with a more formidable flee1 ha* perhaps over boon seen in that part of the world. The French frigate Foudro Is now at Vera Crui, and aej, day may bring u* a whole fleet of French and English vessels bound to the same quarter. I must not forgot to mention w hat I have been assured in regard to the Spanish troops composing tho land force of the expedition, name ly, that every man of the 8, COO has had the yellow fever, *b4 is therefore proof against the deadly climate of the Nsmi talienU of Mexico. In the Madrid correspondence of tbe Diario dt la *? rww, I Sad It stated that tbe government of Chilo. in reply to some questions relating to the Incorporation of St. Do mingo, bad justified the proceedings of Spain in that mat tor, and rejected tbo idea tbat there was ground to appre hend tbat tbo latter indulged auy designs or conquest in America, as was intimated in tlie protect by Peru. 1 will conclude what 1 bave to say of Mexican affairs With news from Yucatan. Tbe Diario of yesterday pub lishes a letter dated from Mcrida, the 7th inst. , which de Mribes tbe state of Yucatan in gloomy colors. Tbo revo lution against tbe State government keeps the field, and tbo port of Sisal continued to bo blockaded. A warlike editor of Merida declared , a short while since, that if tbe Spaniards should come there, "the conqueror* of Morocco would find graves beneath the walls of that city if they Attempted to occupy it." What rubbish some editors write- With a petty revolution they cannot suppress, and an Interminable Indian war, the Yuca teens prove themselves not very well postod in the business of bury ing their oncmics. The oxcltement growing out of the Slidell ?,- ? Mason ?flair has not yet subsided. I send yoc .rangUions of two editorials of the Diario de la Marina, which I think may prove interesting as an exposition of Spanish sentiment on the question. Some facts have come to my knowledge since my last letter which are worth men tioning. It appears that the Spanish steamer for Cadiz delayed Uor departure some two hours or more in expectation of taking the Southern ministers to Earope, and had staterooms very handsomely fitted up for their accommodation. The Trent wus not a whit behind tho Spaniard in this latter item, I ?m told. Tho staterooms occupiod by tlie party were ?Bade as elegant as silk,velvot and gilding could contrl bnte to that end, and tbe ministers and suites were taken ?board in a government barge, lined and festooned with (he same luxurious materials. A well known Cuban gen tleman of respectability and standing, and an enthusias tic adherent of tho United Statos government, has assur. ?4 me tbat ho know of tho intended capture three or Tour | ?*ys beforo it ocourro l. In that case it is conclusive that the plan originated in Havana. We had an arrival from New Orleans three or four day* since? the schoonor Brook o'Pay, Captain Martin, in five days. Ph? left on tho 20th, and came into our harbor with tbe Confederate flag flying. Tho only nevt* ?C>e brought was in the Ehapo of a despatch to tho captain, dated at Memphis or Nashville, I think, the loth, stating tbat a battle bad boon fought near Springfield, Miesourti and tbat tbe federals were obliged to retire. Wh?e in our on. e happy lan<l our frlonds and wskuivos are lighting about a matter which hinges more or less on Slavery. It is interesting to know that within Use premfet week a careo of 626 live Africans was landed ?t Maura mill*, a point on tbe southeast coast of this island, lb* story goes, that tho Governor of tbs district took * bribe of $25,000 to permit then land. It is said that several other cargoes are preparing and somo actually on their way. It strikes ?ne as very singular that, notwithstanding the sincere op yosrti'U of ow present Captain Cenernt to the traffic it should foo continued in open d> (lanco of his win and au thority, and coilruy to Uio established laws of the ktogdosa. From published statistics of the productiriM of ei;r sister Aatillo, Porto Rteo, it is evident that she ia pros poring very considerably. From January I to Odefcer 31 tbe present year, cornparod with the same period of tho years 1850 and I860, the increase in sugar, cofle* and tobacco, is remarkably large ? that in suear beiftf 51, 963,782 lb8.,coffi;e984,319 lbs., and iobacco 6 ,569 ,374 lbs,, ?voi 1159; and over last year, sugay 18,751 ,067 lbs., cof fee 905,438 lb?. , and tobacco 7.050,024 lbs. When th-f fc-ut their railroads built there, Porto Rico will lie able to feild her head somewhat higher, and I hope ?Jie government will assist her on the road to prosperity. Local news hero is, ok usual, very uniirportavt. Every few days we have a grand bull, where the gayon.v beauti ful of Havana assemble. Tbo ball given a few nigh ?s a*o l>y th? Count de Santovonia is said by those who had .'he pleas-ire of being present to havo been a most nvu-ni fleet. t afihir. Not having had that plca.^uro myself I cannot speak of it more fully. Tho French war steamer Milan, Captain Clone, arrived here yesterday , and also the t-'pameh war steamer General THE KEY TO SAVANNAH RIVER. Position of Fort Pulaski? The Range of Guns? Necessity of Taking the Fort? The Union Fleet at the Entrance. THE UPPEB THE OF GDIS HI FORT PULASKI. jMvfcj with ft battalion or marines for tliln gsrri'on. The j United States steamer Santiago de Cuba Is in i*?rt. TVs Opera sea?on. proper, opens to-morrow ni^ht. with ?'Mibuco," I ?Wei pate a happy success for tho ?<y? peoy , which is Of lite beat material. The steamer "Paitimoro leaves for PaJUwciro in a little i?rhilo from nww , and I mast ckme. p. s. Tvo o'clock P. M. ? THree to??livh war steamers havo Just cimo -fn , hut I cannot find ?irt tboir names in time to forward with this 1m1t. SpaitisU 'Opinion ?t the SltAcll and Watton and flwhi Affair#. Translated from the I >14* to de la Marina, -of Havana. K<v.\ 24 , for tha N*w York Hv.raid, Tho ?<ii: of which we Informed our readors yesterday, namely, fl e detention of the KnglHih steamer Trent, liy the Atn<r!;an corvette of -war f=?n Jaeinto, and tho for cible seieuro of Mcwre Mason and SliUell, who wero among ?ite passengers f *r Europe, has prr luceil a Croat excitement among all <ttae reMid.-nts of thH: e!tv . natives ' ! a." well xs foreigners, -ta much so that nothing el?r w.is ; i spoken 'if in all drelos-and ass<jvii>lft*ea. Wo shoulu be ! wanting n onr duty wnv we not to uotifvcu eve nt which , has so -tignallv cl*i?o<i? the public attention, especially . as will ?*? seen elsew.b ,t- in tfiiK Issue, sitico an<>th r like | j occurrence li ,3 taken pin-/) at i 'attains. It appears tint j ; ex Senator Cwin, witili L?o, companions, ombntkod at salt j Francisco, California, on board .the stealer Orizaba, < n j I which w?3 also (j?tieial*'umncr, of tho Northern army ' ' with trw9|?. Vein#; dine .vered ?during tie voyage to j Pauama,<l'e (tiwiny was or res led in coing whieh the Go 1 i neral used a right lor it s propriety or impropriety of ; which he al >ne is rt'flpousible to /jis government; but it i happened tbat whets tho steamer arrived ?? tbe pert or j | .Vauania, which is o?.rUinly not Airerican.l^neral Sum | a or was required by Uio authorities there, to liberate the \ ) j<risol)erH.jiil(i ho refused, to. io so, n the fo||?is inj; words, j according U' tho l'a:iaajxi .Star ? " Tell lb ? t.owunor that 1 pti'-emptoriy refuse t? surrender tho yrisoueKi " 'Jhe Ainwirai.s have ajwtuj* been iery jeaijiifl of the resyect due to the rights of noutci* powers In time of war, l)ecau?e. as they say. the spirit of pea e hts ulwuvs prevailed iu their (wllty, to pnestxrve jcbieh (key have j endeavored i? avoid nllinnces wliieh compromise I them in the frequent war* aiaoog the nutio.is offnope. j u was to lie hoped, therefore, that, t;ow tvher, th?r have t.'ie misfortuue to boo themse.vcs alTIU led Willi the * ?>: urge I of nr. thy WUM respect ill others lha: s..:ne .f^.ht I which they insisted on with so inticii warmth . . th.vi | geivof. Jlavc tliey <loue so in the instances to which ! refer >u li e preceding paragraph? That is what wo are , aoing briefly to examine in this artlolo. ibo kJ>gl:t li stfamor Trent, which forms part of th. Transatlantic line, intended principally for the carrying J of mails am! passengers, receh es on hoard, In tliis port , Mescrs. Hlidi.ll ami Mason and their families, who take package for Europe; it was not the business of tho captain to Inquire, ami therefore be had no mo tive for knowing, whether or not they were going on a diplomatic mission from the South cm confederacy , recognized by hi" government anil the rest of Europe as u belligerent Power in th" war which it sustains with the federal government. He re ceived them like the other passengers who were em barked for the snme de*t:ualn>u. All were, as soon as they commenced their voyage, under the protection of ! the English Itag. which the vessel In wlitch they were going displayed. In this matter the captain of the steamer violated none of the obligations which neutral Powers am under, ami which may be summed up in the following maxim: ? That no neutral shall afford to one cf the belligerent jwrties aid which ho is not disposed to grant to another. Although the right of scnri h , conceded in time of war, )>*s it* l.rnits and restrictions, wo will grant that the owvotfo >an Jacinto, a federal government cmlser in tiwtw) waters, could stop and even examine tho steamer ' Trent, but with nil the conditions and circumspection j which thW delicate question reqotrrc ? In the place where j ?1 w:i.s dnno ? which must be considered neutral water. ' Ai d we say th ? latter wiih the fullest design, linsirg tho j srserMnn upon the following:?'! lie suu Jacinto deserted j tl<e Trent live miles to the XotthofCccc* Ke> , b t from AM time till she overtook ihe latter there must Law eU'i ?> d tin hour and a half, suppoetaf that ?ho was g' ing at the rat" of ten miles an ii.)ui 1Mb vwscls, U i ti, must have m l about lite meridian of Parcdon Key nod (Jtiitichroe : that is to saj , in iho narrowest pari vl site old I'aluima channel. Itut, we re; cat, though the right of swob bo granted t-o fir iruific i' >'an Jncinti ? and let uf suppose that it was used w ith the prudent moderation needful, a nutter vliic.1i (nay at leant he doubted, if what ened t<> a French v< s.-cl, an at c nrnl. of w lm U W4 have received, b.s tak< u into account (V) ? was it by any means lawful to demand, with ? thr< at of em plot ing force, t lie surrender of tke pttssungers, ^itdt'll and Musuh? io prove ttiat it not , we will recur to an authority bcyenri suaoicion ?nciug Aafcerioats. Vessels, says Mr. James Keat, page 1US, volume 1, of the Commentaries on the Law. of the I'uitcd gluten. aro ousldered by a tic.tion of law pirt of tlx? tori iwry of tlM nation to which they bcn.nr On page 122, lietbiys *im>: ? "1'he invioah Hty of neutrality w extendi d to the prelection not < nly uf neutral i<r.'p my. hut that, of boilignren's oven, who may be wKiiln neutral Jnriadicth n; because it is uulnwful to convert neutral tei i Uory itito a lueatre of hostilities. or to attack an enemy while ho is within It " Tho books, he adds, aro lull of practlo.il civui i <f tho recognition of this principle of neutrality. In the y*.r 1783. th.i Pritish hliu< Oiange was captured hy a . French frigate in I olawaro nay, and tho American government jtfcelf demanded and obtained jircjnj.t restitution. Th ship Anna was taken by an English cruiser at the month of tho Mississippi, within tho jurisdiction of the Unite*! States, mid Great Brilam wan obliged to deliver up tho prize. Wc should never finish were we to refer to *11 the facts which not only justify, hut convert. so to P|?ek. in to an anxiom of International law the inviolability of the principle of neutrality wo have turscrted. Now, then, if the steamer Trent must be considered , on neutral water*, as Kuglish territory, not only the iudi vidualson board , but the property of tho belligerent Powers, should be scrupulously respected by the other. In conformity with the doctrine laid down in the very book which is held in tho highest estimation by tho Juris consults and statesmen of tho federal Unffin. By what right could tho commander of tho .?'an Jacinto demand | the surrender of tho two paascngors who were on board , the Trent? Assuredly ho would have none, even though ! Messrs Slidel! and Mason belonged to tho active forces of the Southern confederacy , and even though they should have boon made prisoners in that territory and by tho i armed force of their enemies. As soon aa they could have got on board and were cotered by the flag of a neutral power, they would have acquired tho right that they sliould be respectz-d, under penalty of violating tho principle of neutrality. With how much more reason in the present esse, which concerns only two gentlemen, whose mission and placo of procedure wore not necessary to bo known 10 the captain of a ves eel in which they wero travelling liku mo many otlior passengers. But, not only was their Sin rend' r demanded and vio lence threatened to obtain it, but a display of force was mado by sending armed men on board tho English steamer, and obliging Messrs. Slidcll and Mason to sur render themselves, in order to save their fellow pnFsen gerg from a most serious conflict. If th> ? fa/fain if (A e II eiil had hud the < nei f)!l "f " hi<k 'hf /niton of thujlaml and. Other nations ha re giren nwh seWb esSimpla, the world would have ' "ii, with horror, a neutral vettol tunic 1 r cap tun d for haring m inimi! the princijie of neutrality sn manif'itl.i riot awl. And who would have been the author of such a deed ? The commander of a vessel-of-war of a nat ten mora Jealoi s than any of the observance of that principle, and which not long since rent the heavens with its cries and demanded satisfaction and indemnification from US, qualifying as an outrage what was n-> moie than a rightful defence of our coasts against tho piratical expeditions proceeding from her very |iorts. That is precisely her case if she should outrage the British people, should her government not

hasten, as we hopo it may, to solemnly disapprove th" conduct of the San Jacinto, by restoring to English teri I tory the individuals in question and gi\ icg to the Uritish flag the satisfaction which Ik due. In taking upon ou selves thfl defence In this case, we do not do ho w ithout a motive In the violation of the prin ciple of neutrality with a friendly I*ow> r, the rights of nil neutrals arc violated, and we have an interest, as one of them, that it sbo'ild be recognized and rej a red as indi cated. Messrs. Siidell and Mason might just ?? well have taken passage in one of our passenger steamers. This af fair maybe, even repeated hereafter , in the violation of our flag. Wo tuust then, for our own sake, insist that neu trality be respected, and every act tending to infringe on the rights which it grants reproved and punc hed, let tho victim 1 f the violation be whatsoever Power It may. We will conclude this article by si 10 wing that the occ ir rcuco in Pat amawas lik< wise an attack 0.1 this |>rlnciple. We acre", as wo have said. 'hat tieu -ra: Suiimor h id a right to make ex-Senator Qwin and comoanio'i" ? i ners 011 board tim American steamer Qrir. aim. if h ? < nsidon 1 them < uem c-i ol Ilia ?in c i,mont; l< t it beitij- , a recognized pi ine.pie of into, national law that ? to< boll, go rent I'ower cannot biing eitl .r piicunars or l ootyiuto neutral territory, and tho port of 1 annma licit g in that filtration, since tho authorities ci; ..-1 lib. 1 y lor those pereous, hu was bound to nccooo 0 tile:" j t, rc<piliiition. Wc belc ve, then, that th?U) ii h ? d id .."t do so, 1 110 fade raJ government will ilif?ai>|>rovo hit conduct and restore tl>e prisoner* to libei ty, out ot deference to the law ? liitK v. r may be the circuwstanccf of ihoso who lutvo iwjifR'rod trom its vMnti i?. {Pr0m tho Mario de la. Marina, of Havana, Nor. C6.] Vfo are going to spetik oik* more nb nit tho afi'air Of (ho Trent ; tho qi eatlou whirii ,t involves are so grave, com plicated and transcendent that, we m ist <lo all that our limited caj-aofty au l scanty knowledge permit to throw light ?(?m them. il>. re weru fornvrrly two schools, so to spoalc, of inter nai ioital taw. on lb. greats or lesser amplitude ol tie; primlp-f! of neutmUty. Tho partisans wore exclusively, 011 the <?o side , tiie government and writers of Creat Britain,* ho, jealous <x. her supremat y on tlm sea, esta blished lb*' old and restrict ru.c known by the name of "Consulate or the sea. ' Outho other hand, tho re; t of the KMrnpenn nations, l?<t by ?iiiighte.,e 1 I t*;w, st.s tamed the ?; | oslte cxpciwive tuid I, bo *1 mi ie, whose form la was, "the Han covert th" M?*chand re." Under this irvixun ofi.imp'c a,?| -li.-aimn - cit is only nocoswiry to rccognise a (fog in order Jo determine it what is under it bo o.- bo not liallto t > cei'.fly. aiion ate! ca turo, deciding nlllrniativoly if it be that of an cn< uiy VIEW OF THE FORT FROM SEA. ! ami negatively it neutral? commerce In TnvortA und tlio dreadlul evils producud by war r?IHHd wilblu the ' narrowest hounds. ( It br gan to bo put In ftractico la* ihe I Oar!)' |.art of the eighteenth century. HiiIjh quant t'l the 1 treaty of t'trecht, in Z71.I, tt became more gonrally In corporated in conventional law: it was ollii ially proclaim ed by Prussia in 176K, and Anally preva.lod umoi,f;;.il n.i tioiiH, except Kngland, lrom tho I-'rt nch ordinandi of July 20, 1778, and the Russian declaration of 1780. The Aine I rlc ins at that time gave a still greater extension to that 1 maxim: ilieir Commis- loners at the Court of Franco ? Bon Jam in Franklin, :?ilaH Dean and Arthur l.<o ? in their clr ! ctllar of 1777 , instructed the i "inin/inile.-j of armed w gels to apply it , wUhovt dittoi* tin, to all the pri:e$ thry might m 'ie xeithin tight of n'.uli ol n, cult. Sco note 3, pigc 1 , I2i(, vol. 1 ol Kent's Cpmmentaiks. j At length Kngland herself, abandoning her ancient pi e ! tension, which till then she had held to wi'h such to:mei- j I ty , gave her adhesion to th.it principle In the treaty of ponce, at I'aris, in i860, to which l? arm '.led the decura i ti?n of 1854, containing, am-j: g others, the following | words: ? "Her Majesty tho tiueoti of tho United Kingdom j of (.'real Britain and Ireland, to preserve the commerce of I neutral nation* from all unnecessary annoyance, aban dons herewith a part of the rij: (its which belong to belligerents by the law of nations, adding that "pro ! pe-ty or enemies which may be on board merchant ves sels will bo ronpectt d, imle: s c ntraband of war." ! It is true that tho I nitod Stan-s rejected a ptrt of this ! treaty , but only that part which prApot-ed the abolition I of privateering. If tho principal Powers of Knropo, said j the I'ri sldeot, in his Mortage to Congress of Ilceember 4, I 1864, had sgreod to propt'o, as a rule of international law, tho declaration that private property on the ocean was secuw from capture, whether by vwols-oi-wof or privateers, tho United fta'.cj would acred# at once, and with pleasure. Tho principle laid down wm, then , also recognised by them. Ftirthormore, it was iirevlotisly assented to in the treaty c< Initiated with Hissia, on the SKd ?>i July , 1854, the Drat article of which says: ? "Free vessels make l'r< o mcreham! k< tint , the roods or mer chandise which bolting to sub wis < r esttecjss of a foreign 1'' wer at war are exempt l . n ia; t* or eon li aMoti I i wl: n f ?ui I oa bo lt d no .tral v.'ssol.', except articles Oon- I trab. i! d of war." Well, tii -n, if it is alrea !y a ma n; "f inle nation a' law, I recognized liy nil Clvdi/i i null m incl .dm;; England, which had befi>ro rejected it, thn the llag c>.\ers the merchandise, it is dear that persons, being more worthy of c< n.-dderntloi and res|iect than things, should be, with so much urn grc.it.er . ".is n, tided aud protected by neutral flaj ?. The forcib'e seizure of two of the passengers, who ? ?: !i ? r r "it i li> s, wero travel 1 ng ;n the Trent , must ne, Hiefli'1 ' > idere<I as an in fraction of that principle Hint ati < cnce t 'red to tho nation beneath whose protection I hey wero goin?. It may, | 'orhaps , bo ob.eeted to us that those two persons we:0 not ordinary citizens, slnco earned a commission hostile to the government by whoso cruiser they wero taken. There is only ? ne except)' n to the rule previously established? contra band of war; hut the t:. o, ;s which onstltuto it are clearly pointed out in internal i n.il law, and aie of such a nature that they cannot ne ta n on board a neu tral rossol wkhor.t the cnp .ilu know mg Hi. y are contra band, and consenting, contrary to the obligations which neutrality impose u|x>n him? bccwBing time, through himself, responsible ter tho corisenncucis. But h w could tho commander <f tho Trent ascertain whether Vcsrs. Ma: * n ? d Slldell were two privato gentlemen, wlio, witii then wives mid t'ai ghters, wero going to KurOfic, liko the rest of the passengers, or two con ims ! slonri's from the 8 theiu conl'cdc, acy, ho. ding an oll.co hostile to tho federal government!' In no manner, it would be absurd nn tho i'aco of it to qualify them .ta con traband i f war. there la, however, a distinguished American writer, educated In the principles of the old Fnglish school, who may, being badly understood and ?? !< | <1 i < ? 1 1 . im made to serve ?n a support to tho doctrine oppossd in that which we sustain. Hp says: ? "Tho carrying, for tho gorvlo- of the enemy, of military |>ersons or despatches, In an act <>f the sami' nature as contraband of war. A neutral vessel which Ih employed in carrying hostile forces is subject ronttncui on If captured by" tho opposing bolligoront. Tim being obliged to do It by force would not escuso, Ih> caiiBe a similar excuse would neutralize tho prohibition of carrying contraband of war or tho participation m whatever otber hostile act. In regard to the number of military Individuals which would Justify an infraction, no rule can bo established, Inasmuch as a small number of persons of high position and consideration may bo of greater imimrtarce than a greater number of inferior condition," kr. Til in Ib all that can l>c al'ega 1 in Justification of thc-act wo are discussing ; anil ir th ea.daln of the Kteauvr Sau Jacinto proceeded conformably to instructions from his government, which wo do not bellovo, it I* very poa sihlo he may choose to defend, with that aitho< rily aid tho reasoning ujain which it In based, tho violent taking from on' the Trent of thu two American gentlemen, Messrs. Slidell and Mason. Wo insist, however, on our opinion; and although we m giit impugn that doctrine, we llnd no difllcully In ac cepting it, Insomuch is it may be reasonable, hv showiui* that it m u< t opposed to w hat wo have a;;s rt"d. Mc. Wheatnn qualifies as liostlaj ti e transportation of mili tary perBonx, many or lew , according to circumstances, wlio may bo going to the tit Htio of war in a neutral ves sel; I oo i oe, by ?-> doing, that vessel exercises a dlrei t, and it m y bo decisive, inlluencc on t lie rei ult of iho war, w.tli injury to one and lietiellt to the other of thu belllga renta, which Is, in fact, an act parallel with, and perhapx more serious than, the transportation of contraband of war. Uut what connection hoi such a cane with that Of the Trent? Menard, glided and Mason are not military per onus, and they were going in precisely an oppoalte dirce tion to the sceueof hostilities. Supjioeiog it wurei erUin ? a id we believe it impossible to prove it ? that they weio charged with a diplomatic mission from tlie Southern co fo Jersey, to one or moioof the neutral Power*, as are ?II i hone ot I uroie; that i.- to nay, tlihi they were liearera ol .les | latched, lot Mr. Wbeaton say what he plea.**, such an net hasnoMialogy with the carrying of mater mis oi war, such as thi trar.sjiorlatlnn of soldiers to the enemy's country , nor bus it bue.i considered aa hostile by wi Item on international law. I.et us sue what Mr. Tleiouoro "Or tolan , one of tho laust and most esteemod, says upon tho s h.ect lii his "International Laws and Piplomacy of thu Seas," third edition, vol. 2, page 213; ? "But we will add, with the uiitbi r (referring to Whealoti), that the reasonings which precede, and serve as a support to, tho general rule, aro not applicable to the carrying of diplo matic dt switches, of an ainbasrador or oilier public func tionary of the encuiy. Such despatch* sare uo more than evidences of the pacific relations botwoeii neutral govern nil nls and the b lligorcuts; therefore, since war should n a interrupt those rotations, the do?i>ut< lies which :-erve to cultivate such , hould ho permitted." It could not Iks 1 learnr; neither is there anything moro r >a?onablo Any l'ower w li itevor which limy be at war with auothcr may send ministers, and I rward c!es p itchee to those already aecro lited us such . i > foreign nations; such -e.t- , in regard loth, s ? last n m?ed,cun in no wise he consider*)! auaeiaof hostility ; lo detain, thcu, neutral vessels, c.iriy:ny one or iheotiiiT, and to tal?o them th to o by force , Is a patent violation oi tho princi ple oi n.'uiraliiy. Whit would the federal government say If a cruUei Of Ikt gNtbl ft oonfl ler.icy had Sioppod and fo Ibly t iUen fom oil' the same Mi-inner Trent, o;- any v c <i I h I ni-iug to a neutral piwtr, a minister or bsftr it linpttlm 0 tliclis? Would it reco/tii.-o a Ilk ' r . lit In i? : eu^iiiyl* 1 It-nr'.y not. ll is true that tho peoph v.ii i <:< m, o.ie tl,o iiithcru c mfederacy wn' fi rne i ly a part . and put haps ? oner or la'cr niev again lonn a |ait,ef the feci al r.iioit . mi I that thu . o,'c, i n;cnt of the i iter <on:-i!o>s tin *>i us < h. ?!??; h dncc I uf land . I i iinv and oUier ua li- n:; lilv s |i>llllil.v d, ? iirc I thai, I ley consider fttld I'C 8i? ct them s a ho ligoreut 1'ow th" y enjoy, with th j t ? rttmeuta that have sododarad, la every tivliim>por t'iliii;>i! to .ho war ih y are i fIm ning, the sumo con. ?i 'ei at ions i id prerogatives which, lit its Ijolllgereut cha racter, are duo ' > I liO f . dt ! ft! I , it. II. Wo Hill c mc!u io this aircudy too loi.gihy i rlit Ic by faying last ; , that ino'o in International law , morn liberal, ampler Mid neve 1:'. voj ttbl I s ci lilineri o than tic - old , ro cognl/cs us a Pi'lncip <i ihnt lie l a,, com ? s the mci ODan diHe,.iu I, with greater rea.-on, put sons that tho circuni tnauce ol these being commissioned by one of tho belli gerent 1'owi'. .', or boiug bearers of desp^Uidu s to one or more neutral nations, does not impose on the latter tho obligation of refusing them pus.'age in ono of th ir vesse s, or ilnofgh their territory, through i* necessity to preHeivo intemutl. nal relations; that by granting taeli they do nut, therefore, perlorm a hostile act similar to the trail- jsiriation of soldiers or ! contraband of war ; :tud that lrom all these reasons, and 1 thOBO Iirovloii ly stateil.it may ho clearly ceiuced , in ' our opBi ion, that the Amorfcnn cruiser ^an Jacinto, in having Btoppet tho Steamer Ti cut, tsk'n from lies and carried nway by force two of her passengers, violated the priucip e of iioutraUly, which Is what wo have pro posed to dun nstrate In this and the former article. * O. tolan is a ii ench Jurist , author of several worka* legal abd historical, which are i.sed as text books In V.'ie Spanish Uulrorsitles. ? I n. H UMW. IMPORTANT NEWS FROM PENSACOU. *?? ?wt REI'OHTED FICHT BETWRBN UNION AND RKKKIi GUNBOATS. Cnti'AiHt, I'ec. 7, 1801. Thi Memphis A r.tJancfcc of IioccoiUer 5 contatrs th* following despatch:? Pavsacoi-A, tec. 4, ISfll. Tho steamships Florida aud Pamlico engaged tho fede ral Heet, off the east oud of Hern Island, at ulna o'clock to day. 'J'ho federal forces retired. THE BESIEGtMENT OF FORT PULASXI. Wo publlih i:i the !!:ku.o to- !ay :iu u-Mitlon to our 1 sir a Urns <>! the war by giving u mi>, lo/o/raj.-blal ntiil hydrogra;>bii'al, of J'ort Pulaski and its surround iiii#. H-'m district will now attract coneral interest frotu ili' fact that a U> ?i atcii from Kav u Hah In tho Richmond p* port* of tho C!h, dated 4th instant, vayr: ? "Slxtccuof the ships of tho enemy (Union) are now Inside tho bur, and an attack on Fort Pulaski is hourly ev eetod." From another rebel source It allege* that Iho federals have evacuated Tyb.e Island, nod that tlu hghthouso has been burned by thoir tr tops. 'the latter despatch I. as 110 foundation iu fa;t, as no attempt had been made by our tro ps at that da'o to occupy tho Islnn I in force. It Is true that soveral reconnoitring iu:tica had vi-sited tho island, with a viow to iis uUiliiHtc possession and the beslogo inont of Fort Pulaski. These reconnoi*.' .lin es )?;vu bctiu full i.nd satisfactory, and no doubt cro this the island is occupied In (nu n by our troops. In the meantime tho Island Is held at all points by our naval Hoot, their pie genco r< liderinj it untenable by the rebels, fn the da 8]>?tch from savannah alluded to in tl.U lettor there is a probability of truth, frcm the fact that it corroborates tho prognostications of oor corrosjionilcnts, who rccelvo their information from a-ithenllc sourc: , that the be siogement of Fort Pulaski roomed probable. Commodore IMipoiit is an oflicer who k' eps his own counsel. At the latest advices from Port Koyal by tho Valdcrbilt, up to tho 3d inst.jtho following naval vessels wero at l'orl Royal:? Frigate Wabash (flagship). 0CNB0AT8. Pawnee, K. B. Forbes, M"li nan, Isaac Smith, Seminole, Mercury, t'nadilla, 0. M. I'eilit, Pembina, Penguin, Ottawa, J Augusta, Curlew, Florida, Ellen, Bienville. OFF POP.T KOYAL BAR. GunboaU I)e Soto and I. Smith. OFF I VBEE ISLAND, Frigate Savanuah, (lunboat Flag, tiunbo&t Seneca. Theso vessels all belong to Commodore Dnpont's fleet; and as tbo distance between i'ort Royal and T>bo<i Island and Fort Pulaski is less than twenty tniloa, It giv s color to tho rebel iltspatch from Savannah of the 1th Inst., that Fort Pulaski was then about toiug bombarded, uul >* the "sixteen vessels" seen ho .de tho bar wro a pinion of tbo "Mono Root." If Pulaski is to bo bouioa: do.l or b s eg I, it would not bo with a view of tb ? reduction of th it work by our na val force alone, b it merely to cover the army operations in iho "ruction of strong batteries on the adjacent point* of land or inlands within rango of the rcbol fort. Our illustration to day embraces all tho tangible points for tha eroction of battenus, vti:? On Tyboe, Jon. s, Turtle and Long lslan'.s. Tho circle around the fort shows the isilnts at a distance of two and a half ruNts from Fort Pulaski, being that cf abotft the maximum rango of tin. heavy smooth bore guns on our war and naval vessels, and within easy range of tho superior rilled slego cannon now at Hilton Head, ready for im mediate transportation to tho points above carnod. The possession of Fort Pulaski by our troops would seem in dispensable to us at this conjuncture. It would civo us full command of Savannah by tho river and Warsaw Sound, at onro establishii g us iu the blockade of these points, and entirely relieving tho large naval force now employed there. The rebel w rki on Tybne Island, a plan of which is shown in o>.r illu-trati i, will no doub' bn mounted with a heavy battery of gu: : which will play an Important part Iu tno ro uctiou of IVIa,-ki. (me . f the ?utai.er i . .sfr.Uiou* show? the plan of the barbette tier of g in < :i hurl Pulaski, aud the other a side viow exhibiting the lower tier.