The enquirer. [volume] (Richmond, Va.) 1804-1815, 1810-12-15

no'ice Ut its discontinuance and that con
, seq enily, the presence of the blockading
force he natural criterion, by which the
neutral is enabled % ascertain the existence
OF tue o.ockide; in like manner, as the ac
tual inves ment of besiegt place is the
Only Evidence by which we decide, whether
the siege is continued or raised siege
may os commenced. raised, recommended.
ana raised again but its existence, at any
precise lme, must always depend upon the
tact OF the presence uf an investing army. -
his interpretation of the law of blockade is
Ut peculiar Importance u nations situat ed
at a great distance from each olher and
between whom considerable length of
time Is necessary to send and receive intor-
m alton"
Ectraet Of a letter from Mr.. Marshall, Sc.
eretary Of Stare. % Mr.. King, dared
Sefiseai5er con, 1900
=" he right to CUnfiscate vessels bnund
to blockaded port, has been unreasonable
extended to cases not coming within he
rule, as heretofore adopted.
! On principle, 1t might we'll be question
ed whether this rule can be applied to
place, not completely invested by land as
well as by sea. If we examine the reason
ins' on winch is founded the right to inter
cePt and conhscate supplies. designed for
biockaded town, it will be difficult to resist
!
invested by sea only IS an unius'ifab,e en-
croachment on the rights Of neut,ais - But
II isnot oil this departure from principle.
departure which has received some aancti
on from practice, that we mean 10 com
plain: Ii is, that ports, not effectually
oiockaded by u force capable of com oletely
investing them, have yel been declared in a
state OF blockade; and vessels. attempting
70 enter therein, have been seized, and, on
that account, cpnfscated
| Inns IS a VEGA ion. proceeding directIv
| IRON the government, and which NAV be
carried. II not resisted, to a very INJURIOUS
extent; Our merchants have greatly COM
! piained OF Il, with respecI to Cadiz and the
pc. OF II land
:" Ii ne effectiveness of the block ade be dis
tpen'ed with. then every por o. all the belli
serent powers may, al all times be declar.
ed IN nat state; and he { mnfrcc of neu
trails be, thereby. subjected to universal
capture Blu If this pr.ncipIr. be strictly
adhered 20, he capacity To bl ckade will be
hm'.fd by the naval force of The beihge-
rect; aud. of consequence. he mischief to
neutral commerce canHo be very extensive
It's, therefore. of the last importance TO
n'u rails that this principle be maintained
ummpaired.
ionserve, that you nave p essed this rea
sonihS IN Ehe British minister, vino replies
tna an occasional absence of a Acct from a
oiocktded pHrt. ought not to change the
s ate ofihe place.
| Whatever force this observation NAV H..
entitled tn, where hat occasional absence
has aet;i produced by accident as a stut.t,
"hicn Tor moment, blows off the heet
ana forces 1t from its station, which station
| I. immediately resumes, I am persuaded
Iha' where part of The feet is applied,
.iloush only Tor time. TO other objects,
or mes INTO port, the very principle, re :
curing an effective blockade. which is
that the mischief Can then onl, be co-exten
s''e with The naval force of the bellieerent.
requires. that during such temporary alb
s""ce' the commerce of ueutrsls to the
l,iace should be free"
ETtrdcf Of letter from Mr.. Madison. 10
Mr.. Charles Pinkney, dared Dehartn,ent
9 STATE. Ocfo6er 25;h, 1901.
:" ne Pretext for the seizure of our yes
ssis seems a present to be that Gibraltar
mas oeen proclalned in state of blockade
S"o na' inc vessels are bound to that port.
o''nid 'he proceeding be avowed by the
y ,niSh government, and defended on ,ba,
s''"hd. you will be able to reply
- That he proclamation vas made
as ~ oa' as the 18th Of February, 1900
ana ms 40 sluce beeh renewed: thar II was
immediately protested againsl by the Anne
ricar ana othey neutral ministers AZ Madrid
ana not warranted BY the real sta,e of Gi
lorffdi; AID Vat 30 violations Of neural
commerce having followed the prcclamati
on, 1t was reasonably concluded 10 have neen
rather menace against the enemies OF
SPAN than measure TO be carried toto
execution against her friends
" I'd That the state Of Gibraltar Is M,
, and never Can be- admitted by the u = r.
, be that OF real blockade. In this doctr;oc
they are supported By the law of nations &c
iaId down IN the most approved commepta
tors, by every treaty which has undertaken
70 define blockade particularly, %1hose of
, Ia'esl date among the maritime nations ot
. Europe. and by he sanction of Spain her.
sell, as party to the armed nentralitv in
the ye2r 1871. The spirit of articles XIV
and XVI OF the treaty between the II. &
and opain, may also be appealed to. as IA
, Voring liberal construction Of the RI yhts nj
thS parties IN such cases. IN FACT the idea
Of an Investment, seige or a blockade aq
collected from the authorities referred m
necessarily results from the force Of those
: terms and though it has been sometimes
: grossly violated or evaded by powerful natl
ons IN pursuit Of tavorite objects i, has in
varlaoIy Rep its place in he code oF public
'a"' dHd Cannot be shewn to have been ex
9 PreSSly renounced IN a single stipulation be
tween particular nations.
81 Ibat the situation of the naval force
g az Rlsesiras. IN relation To Gibraltar ba.
, not the shadow of likeness TO a blockaoe q.
truiy aud legally dcGSet I,ie g..