The daily union. [volume] (Washington [D.C.]) 1845-1857, 1845-07-11

the validity of the blockade, release him from its
observance.
Stipulalions between two sovereigns, in regard to
the exercise of the right Of search and personal
visitation may be made and if they consent to ac-
cept the pledge given for security against the viola
ton of blockade no third party has right to
quarrel with il, any more than any other pledge
they may mutually agree TO accept Wheat. on
Inter- Law in citing the opinion in the case OF the
Maria. l Rob. AID. Reps, $40 London ed; 2S7
Phila. ed.
In the case Of the Jefirow, r. Robinsons Ad.
Reps 1872 twas held, that the rule, in consequence
of the relaxed manner in which the blockade of
Havre appeared to have been enforced in particular
cases, by means interferes with the general effect
and operations of this blockade. On the contrary,
the has held that there was no general relaxa-
ton, although particular vessels were considered to
be protected by the loose manner in which the
blockade was kept up towards them. The ship
was restored on the ground that she had been per-
mited to 60 in with cargo But the extent OF that
principle is to be confined to those who had been
the objects of this improper indulgence still hold
the blockade did exist"
See also the case of the Roa (6 Rob- Ad. Reps.
372 TO the point, that relaxation OF blockade, IN
order to nvalidate it, must be a license or permis-
sion from the bockading force to ships not privi-
legged by law to go in, while others excluded.
No court in this or any other country would now
carry the doctrine of blockade to the absurd extent
to which expediency, and not his own honest judg-
ment, induced the distinguished admiralty judge
Of Great Britain, Sir William Scott, to go in 1912,
when he decided that the paper blockade established
by the British orders in council, though he did not
say it existed in law, yet that in the apprehension
of the court, it subssted at least in perfect Justice
r. Dodson's AID. Reps. l32-the Success; ibid j423-
the Arthur.
These decisions apply to questions Of forfeiture Of
neutral merchant vessels for violations OF blockade
The assumption, by the naval force Of neutral
power among belgerents, to suspend or break up n
blockade in respect to its own merchant vessels,
would require for its justification extent of relax
alton and Partially, that not only exempted the ia
vored vessels but altogether destroyed the existence
of the blockade.
While the United States exacts strict observ-
of her rights in this respect from other ma
tons, she will be liberal and Just in admitting the
rights of others.
| Having suggested these views and constructions
of the law of nations by which the evidence before
this court under the several specifications of disobe
dence of ORDERS for their strict observance, is to be
tested by the same general rules that would govern
a court of law and which court martial is equally
bound to respect; the only interest wish that the
judge advocate is conscious Of in regard to the result
of the pending trial. is that the acknowledged prin-
cpes which should govern case like this, involv-
ing national honor and justice, where friendly for
egn republic complains of wrongful violation of
her rights by the powerful and most cherished arm
| of our national strength-the navy-may be brought
impartiay to bear upon the acts of alleged wrong
charged upon the accused in the several specifca-
tons. And if, in the finding of this court, their
high responsibility, the honor of the navy, and the
national justice can be preserved, consistent with
the honorable acquttal of the accused it will afford
to the judge advocate sincere qualification,
B. F. HALLETT,
Judge Advocate.
NorE.-The authority of General Oribe, when
besieging Montevideo to commission vessels, under
| his flag to carry on the war by sea- would seem TO
be fully sustained by like authority exercised by
Gen. Washington. While in command of the army
besieging Boston, in October, ITS, before Congress-
had authorized any naval operations, Gen. WASH
ington, finding the enemy supplied by sea with sub
sistence, formed the design Of cutting off this re-
source, by capturing the coastng vessels employ
ed. He accordingly commissioned Nicholas Brough-
ton, of Marblehead, a captain in the army, and
ordered him TO proceed, with company of seamen,
on board the armed vessel Hannah, at Beverly, to
capture the vessels that supplied Boston with pro.
visiona.-[Sparks'a Writings of Washington, vol
8, d. 5l6.l