New-York daily tribune., 1861-06-22

o. oar against each other"
THE DECLARATION OF CIVIL WAR.
In of invasion by fore gn power insurrec-
ton at home in which cases under the act Of 1885, the
President may call out the mitis the Supreme Court,
ia Ia Wheaton (case of Martin agt. Mott, pages
eide whether tie eXigenties provided Qr have ariten
These also are poll questions determinable by the
Executive alone aDd the Courts follow that bran ii OF
the Government. In this case, at page 81, the Supreme
Court say:
that such power may be abused Tor mere W
i no power which i sa.cSe Of sSnss r hs bouS Occur
is 70 be fo md in tie Constitution itself" -,
Whether iu,uirection has grown 10 such ap,f:-ias
become formidable power as to have cuimlnateu
in civil wnr-it to must also belong as 10 It's
decision 10 the same political branch Of the Govern
ment The President in his proclamation relating TO
the blockade of the ports OF the Confederate States
calling out 5000 militia TO suppress insurreetlon ana
the resistance 10 the Federal laws alleges that nine
States have 70 resisted and have "threaened to ssue
letters of marquee TO authorize the bearers thereof TO
commit assaults against the vessels property and lives
OF citizens engaged in commerce on the high seas and
in the waters OF the United States; that public prop
erty of the United States has been seized the collection
of the revenue obsIucted and dulycOmmissoned oif-
Of the United States while engaged in executing
the orders of their supetors have been arrested ana
held in custody prisoners, have been impeded IN
the diecharee oi their official daes without due legal
process by persons claiming TO act under authorities
of the States Of Virginia and North Carolina, an
efficient blockade Of the ports Of those States VIII also
be established"
These facts 80 set forth by the President, with the
assertion OF the right Of blockade, amount 10 declara
ton that civil war eAists.
BLOCKADE CAN ONLY OCCUR IN A STATE OF WAR.
Blockade itself is belgerent tight, and can only
legally have place In state of war; and ~ notorious
fact tba, immense armies, in immediate view, are
In hottie dgirs each other III the Federal ara
Coned, rate Staes the latter having Oh gained Gov
ernment and elected officers to administer IT, attests the
atciv
which, if il must go on, only be governed by the
laws of war and s evils n,gated by the principles of
olemenoy engiaed upon the war code by the cvllza-
ton of modern times.
Nor does the assertion Of the right in the procama
ton Of April l9 1861 oproceed against prvateersmen
under tie laws Of the United States, pirates, mill
tate against the construction have above given OF the
two pioclan.tiODs ayerring the existence OF c'ii
war.
In the case Of Rose ogl Himey, "A Branch, 272-3l
ChiefJustce Marshall, III delivering the opinion oi
the Court, says:
'Iis not Intended 10 say that begeren. shs no. be
superdded to sovereignty hut admitting sovereign
who is TO Ieduc' he eyeted to
70 possess both sovereign and oegreo right. end % pe c
bic Of acting in either character the manner IN which be acts
ns determine me e ehiTe'gI 81 ne az, for sst,dig oeas
which law s0 be Ped b} courts ne ns'S 81 nr aG s
beireen iglts exclusively Of his sovereign power 'nd
whether the couI IL applying ,hi law 70 ateeIsL cares,
prize enforcing municipal Tegnlsioh"
WHEN DID THE BLOCKADE BECOME EFFECT vEf
In this case am sitting in Admiralty, adIudg ing
ques ion OF prize, under capture for alleged Noioh
Of blockade. ,,.
do not find on examination Of the writers on public
law any difference as belgerent rights in civil or
foreign war; and Jadee Story IN tn Wheaton, az here
tofore cited by ne, ssys they tie same. Blockade
being one of The rights incden to state oi war aud
the President having in substance asserted civil war
to exit, am OF opiuon that tue blockade was iawiuiy
proclaimed by the Executive
q The next inquiry is, when did 1.-THE blockade become e
fecye aud such TO the OF respondents
Nnftc nNtfal ar r.tF Fngttt
will do In the present case Fag-oicer Pendergras
commanding the home squadron, oteialiy announced
tie blockade OF the ports OF Virginia whose outlet was
Hampton Roads, ar effective on the ootn Apii 1901
and the Secretary of tie Navy in bis letter of the 9h
Of May, lo6l, states this notice was sent to line BALI
more and Norfolk papers, and by one or more I'll tnem
published. In certificate of tie Briti,h Consul AT
Richmond, dated lh of May 1851 found on board the
Trope Wind at the time Of her capture, he states he
had received an Authoritative communication OF the
1lth of May, which be Immediately communicated to
the captains of British merchant vessels and others IN
terested In British trade, ttat 10 DAYS would be al
lowed leave the port after the actual
of tie blockade, with or without cargoes, land
whether the csrgoes shipped before or after the
commencement OF the blockade and that upon inquiry
lie found the I'd of May 1861 to be the day when the
efficient blockade began
NO EXCEPTION IN Favor OF BRITISH VESSELS.
There does not apl Ill the cause any evidence to
show that the United States Government agreed TO
relax the blockade SO to allow British vessels
to load cargoes ald out Of port after knowledge
Of the effective blockade was brought home TO them.
The letter of Mr. WelIes to Mr.. Seward OF date 9th
of MAY. lSel in answer 10 inquiries Of Lord Lyons
relative to Bitch vessels in Virginia ports and the
operation Of the blockade upon them, &C., and Which
il must be presumed was sent to Lord Lyons does not
contain the relaxation of tie law Of blockade referred
to in the British consuls certificate OF the 18th May,
1861: by which mean that it contains permission
TO British ye,sels TO como out OF port within the
fifteen days with eargocs laden on hoard ctfer notice
of commencement Of effective blockade. l give an
a Al. I.l.
Fifteen days been specified limit for neutTas TO
leave tie ports after act A blockade has commenced with or
without @ Vii, o,aner ireroo on tse part Of persons
in,ele.ted reason for exemption to any"
IL olso appears in tie evidence OF the MASTER Layton
tlat lac heard Richmond OF the blockade rs effective
hfore he began TO load bis cargo and was informed 1t
commenced on the I'd OF May.
WHY THE TROPIC WIND MUST DE CONFIsCATED.
All the testimony concnrs in showing that the cargo
wa. lsden on board the Tropc Wind on the 18th aud
18th days Of May 1861. No'rriociple Of prize law
sceros better settled u that such ladiug violates the
blockade. and forfeits both vessel and cargo. In
"Weidman on Search, Capture AID Prize" page AZ,
Slpbe as the ac ofiugrers and blockade jus. much
violated by ship passing outward inward blockade IA
% M NOR at liberty to assist tho troc Of eIportaon
than Of The utrnos, that bo allowed neutral
vs Ssra, he NAV be- II er5 to retire With Il. If sSe sa
ward tales board il fraudulent, act Sad violation
of the blockade II is Ewfll for chip to withdraw from
bOcksd-d pc In balss or with csrso shipped bona hde
before notice Of tho blockade" go ~
See slso Vrouw Judith, Rotinson, lJ0 the Juno, I'd
Robinson, ll9; the Nossa Tenhora, 5th Robinson, 52
In Weldmans International Law, volume 2, page 95,
We find this passage:
Where hs blockade il known at The port OF shipment the
master agent fG the In such the
us Of all events the country Imposing the blockade
Tor tire acts of pcrioas employed by them; obers se, by ssc
rg slip there would be ready escape for the cargo for
N. benefit of which the fund Was intended"
(See also the james Cook, Edwards, 26li the Ar
thur Edwards, 202; the Exchange, Edwards, 40, lst
Kent Commentaries, Cd edition. ~ 46i oliyera We.