New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1861-06-02


ppbc notice of my iucItl0u 80 put question to the
LORD President with rep't 10 the Interpretation to be
put on some expressions IN Eer Majesty Proeei'a-
ton relative - the contuCt Of Her Maiesiys Sub
iects ia respect 60 The in America. A. this Houte
did not lit Yesterday, However, Lad not the opp0rln
nifty of doing 20; but h"Ie the noble Earl VIII 6e
prepared TO give tie explanations desire IL
seems to TO he matter of essenlis imp rance thnt
proclamation INSTRUCT z Her MGjesys subJee'su 90
90 the cor duet they should purue IN that unhapIy
war should be clear Of all 0"ubt and to the mS. ue
gree iuelhgibe 10 every inoivdnal-tfst man
should net be obig ia 30 10 IN lawyer lor an oiln
Son the meaiiog "f eNIrs ss'ons nfeo huu i1r
cher, that If he shouli so TO ls lwyei ere eo. VIC
no difficulty in assi sning 10 the words thth true 'er-
The Instructions to Her Majestys subjects relate,
Grit, 10 the law of England nd toen I, me law ol
,,Stjons As 10 the la~ OF tnglsnd, Is clear enough
xhere Is no doubt at I'll Hitn reslet 10 tie duty lm-
posed on Her Majesty su iecls But as 10 the lawsoi
naiious as might natnr.ll be expected there N a
great degree Of dOutt. Her MsieFys subjects are
warned rot to bre. any 1o kade lawfully aud actu-
ely established by either Of belhge'ent Powers"
Now, the fret question wish 10 Int to The noble
ssl is in what serse We are 10 oncels'nnG THESE eN
prefsions. We are at pTetert under al obIganon 10
adhere the del IA ION IN the snhtct of maritime
law agreed 10 by Her Mae,ty's PeDipoenli1ries and
those Of other Powers at Pair.
That declaration bears directly on the subject OF
blocksdes in these wOre: Block deF, i'll order 10 be
binding, must be ete Iv.-hat is 10 say, maintained
by force sufficient really 10 prevent access to tho
coast OF the enemy" Now. II til words are 10 be
understood in their strictly literal Specification, TO
establish lawful blockade would he almost ply cay
impossible. They must eteive certain qualifications
and explanations. say impossible, beeaus" there Is
hardly in the whole universe any locality Ill which
ahps can remain safely with The power OF absolutely
preventing access to an enemy COAT Gockades are
carried by ships at ga. They must be carried on
by ships sea, and under SAIL because no ships can
carry siieIoy of coal 10 enable them to act con-
stsuty under It am. .
No doubt 1t would be great facility if they cOuld
ALWAYS act under IT, that would go far 70 enable
10 qEa he blOckade L
having heard that dulug bloc ka0es Of Ionlon the
ships employ ed in that service were driven TO the
Mediterranean and the Coast Of Airlca such things
will occur again; ana, according 10 the stct meaning,
a blockade MI bit have ceased TO be valid because II
ceased TO be really manlaI I'd prevent access TO the
enemys cosst. Blu, aplreieud the words must be
understood with necessary gu ihcauons ailslpg from
che circumstances of vii und weather, which com
pnand all such operations; that The real meaning is
TO prevent access by ettbl,l such csse oi danger
~ those who attempt 10 violate the tOckade as - IN
duce them to desist trom att mIting 10 do 70.
But il that he the mesnihg ol her Majeetys Minis
eers eonfess think it very much to be regretted that
Instead of adopting totally words "a they have
done ia ii is proclamation, they did not wan her MJ-
e.ty's subjects against breakIug or enoeav0Tng 10
break blockade lawfully established and effectively
maintained. / wish, then, firt 10 know from the
noble Earl in what sense are to under rtand the
words used in tie pIOclau alton. Do they inteId 10
convey the exact MEANING, with tie qusilheail0Ds
have mentioned OF he detlnaion made by the
Poversl If they DO NOT, " hat further meaning do
they containl DO they 90 below beyond the words
Of that declaration Aud why should not II paLIc9-
lar words there used be adO,te thlS occasion
confess very mu regret 10 see 80 much yngueness
In the EXPIRE ssons {" " cOrirstand OF war;.
The Proclamation speaks Of 'a'ms, military stores
Or materials OF any Article articles cOntidered and
deemed TO be contiabard Of war according TO the law
or modern usage Of ia ns." How are IL1u men TO
6nd out what articles have Of Late been consioeIed con-
ersbaId Of war By the usage Of nsll nsi hey mutt
look through all the 'eclsiUs OF Courts OF Ad-
mi ali V jurisdiction, rot My i'll this country bu IN
others AID it i tightly probable that they will be
found conflicting with Oe snoiher WISH, therefore,
90 know what are the further articles not mentioned,
20 viii il is Intended that the pool maiion should
apply, and which Her Majesty subjects are cautioned
not 10 cary up0D The rea.
The law With respect 10 coDtrabaDd Of war Is IN q
state Of constant ehaIge. IL must change year after
wear according as The of conducting war Is
Changed. Wien i looked into this matter Elk years
ago recoect to have fonId IL the law books OF best
authority that all these changer controlled by one
preyailu piindPle-vz., tlat that IS oonTabaDd OF
war which in the possession OF an enemy would
enable bin better 10 cary war. That Is clear,
'rtaponaLle and ineligible principle aud very much
regret that instead Of usiDg u words which hpd III
this reclamation, Her Majesty Ministers dld rot go
back to principle which all can understand an ana
which is not affected by changes III tie mode Of carry
ing on war. Hear, hear.
Earl Granyille-Ibe quesiOus mt ly the noble earl
are certainly very important. L feel Il somewhat
difficult matter freak npon que,tions otnternaoDai
law; but at the tmt II is my duty tn give TIE
noble eaI all the Information en-, ana II ShOulo
haprsu TO make mistake slall be grateful TO learned
lords either Fl0e 10 tOlre'I us Ia oToeT IDI ho
apprehension may 60 r,ad on sublect OF 10 much
importance With resi- ect 70 the lint ques'lou-what
meaning is to be attacled 10 tie words blockace
lawfully and actually established i appIehesd tbat
although the agreement at Paris II likely TO fo an
epoch la the hisory OF international law, and although
al was concued IN BY all Tie nations OF Europe ana
by several American Siaer, yet II GOES not IN ltstn
e0nstjtuie change 10 iDerDsIiJis al law excepting W.
regards those Powers which sgihed their acceptance
of il.
believe further even with respect to those coun-
cries which entered INTO that agreement win us, that
what took place az Paris made 10 change as Tar as
bocksdes Lwfully and sctuhlly established, are con-
@erDed. That question Il lUlernhti0iil law fehsinS
exactly the before, with Ills dlnerenee only'
chat mere paper bloc kades viii not in future he recog
nized, Before blockade can be said to be lawfully
and actually established must be announced In pro.
Ter form and manner and the State declaring 1t must
have the spot such force do not say 10 make
II impossible bat, at any rate, TO make II very dnhcu
for yeefes To obtain tgTess or mgress. The second
question which the noble earl has put to me - sun
more difficult to in a clear and satisfactory
manner but say, st all events, that the Govern
1nent have followed tue eoarse usual on such oc-
easlOns "
To certain extent the noble earl answered bis own
ueejop for he stated that what Is cOntraband OF war
must vary from time 10 lime according TO the character
of the war which Is carried on ihere are certain sr
certain other articles the character Of which can be de-
aer1nned only BY the circumstances OF the ee S. Tor
Sustance the ports wi ich they are destined and
various other incident. whh can 6e properly Jndgeo oil
aply in Prize Court. The Cecl-l0Ds OF such Court
rness there has been a fragrant violation Of nierna
pional law, all thoee who recognized the n2ns OF
Dhe belgereIts must accept. think, toereIort tnat
her Naesty's Government, IN adbering strictly 70
receden in this matter took the only coarse which II
was possible for them 10 pursae.
The Earl Of Derby.-The answer of the noble Earl
a. for the most part ent ely satisfactory. do not feel
disposed to complain that the OF tie proclama-
II II tat 10 IN In.