New-York daily tribune., 1861-06-22
TIE BLOCKADE LAWFUL.
ARGOS.

TIE BlOChADE Law fUD.
DECISION OF JUDGE DUNLOP-THE CASE OF THE
BRITISH SCHOONER TROPIC WIND.
We copy from Tie NaIloa0i Iate!hgeactr the de-
c.sion Of Judge Dunlop in the United States District
Court for tie District of Columbia in the Of the
British schooner Tropic Wind, vessel seized hy the
United States ship Monticello in May last, while
attempting TO Violate the blockade of the ports of Vir
ginia.
The ease is peculiarly interesting from the fact that
Lord Lyons resolved to ai il the test of the legality
of the Presidents proclainalion employing for that
purpose the aLlest counsel in Washington Ii will be
eeen that the Court decides that the blockade pro-
claimed by tue President on the 18th of April was law
fully established of the rights incident to state
of war:
IN ADAIIRALTY-JrxE TERx 1861.
United States It al sst schooner Topic.Wnd and cargo.
THE CASE.
A Gbel has been FLED by the United States and the
sptors In this Court citing ia Admiralty, condemn
prize the English schooner Iropic Wind and cargo
ied At $4,000, TOR violating blockade of the ports
Virginia, proclaimed b. the President OF the United
Z stes On the 27th If April, 1861.
capture was made IN or near the mouth of James
X by the United States chip Monticello, Captain
% The DIST Of May, l'6l. Tue block OF the
port richmond, Virginia, iuto which post the Trol lic
Nnd entered before the proclamation, ia alleged
So been risde effective on the Both OF April, and
rcie, brought Lone to tie captain of the Trotic
early as he I'd of May Fifteen days were allowed
by The United States to ncura vessels 10 leave the
blcekaded port Of Richmond from the Both of April,
tbe day Of the effective blockade.
Il appears tia. tie Tro: ic Wind commenced to oad
her cargo 1T Richmond Virginia on the 18th OF May
comreied her lading the l4th Of May and sailed
from Richmond the same day. bound for Halifax, Nova
Scotia.
Nj Carlisle appeared for the vessel and cargo fled
TIE answer If Captain La, tou and the has been
argued submitted To ne on the libel answer, evi
i'm sf,1asv Ift eat
| THE POWER or TIE PRESIDENT.
| The authority OF the President to institute the
Blockade is denied 10y tine respondents, who insist that
| this power, under the Constitution Of the United
Ststes car ouly be exerifed by the National Legisla-
ture And this is the fret question 70 be considered
II il true no depdr ment of the Federal Government
ean exerc e any power not expressly conferred or it
sy .se Constituiion of Uniied States necessary
10 give effect to granted powers all others are reserved
20 ibe States respectively, 10 the people. In The
second Article Second section Of the Constitution OF
The rs.sid~nt sbs be Commando Chief Of the and
ri.s sIo int IL actual service Of he United States"
In the var with Mexico, declared by Congress 70
ez, by the act Of McKee, see y,h Statutes at Large
| PAGE 9j The Supreme court have maintained IN two
tsses tat the President, r,tOat any act 0 Congress
ns CcnG nder-in Chief of the Army and Navy. could
exert the lii riSIt OF eyyng contributions on
tbe eueny 10 annoy AID weaken bin. In tie case OF
Fienng ct al. sgt Page t9th Howard, 6l5, the pre-
ent Chief Justice says:
CoTuspdeTo Cff he Is suthoTi1s1 70 direct h1 b.! uoye
S md 10 epoy then i the manner may deem most ef
iscss 70 tsrsss and conqler, AID subdae the enemy
/ Again at PAGE oiG: ,,
s. Per. N mo acted in the character Of Collector IN this
s,ns ts'd as .geh under I'm me Gu n0i 3 q $ he r.srd
regulations sdoped, noe ao,e prt'troed 1g te
lie Cssen House was established in enemy'' country "a
egt~rs poas ofwsr IL was established not tor tne lur
Via tie usted stes or with but measure
sssay nd e par o. she ,4y & oroLson tSs s%rv m 70 sup
amy and iiended also 10 cripple the resources o.
d @ ~ Tel is sha a sf,, s sa Irsaaisd s with Ills and
ws,s nthas more ihsn cont bnllos ieNea Ii I II The
The ctber case 10 which alude is Cross ct al. agt
H,rnson ltih Howard, lS9, 1901 Judge Wayne In
DELIVERING the outriop OF the Snpreme Court says
"SesL o tie leter the SECRETARY Of state and ron
a. % Il as Of %ss
Allowable BAlawfu by Mr. Pols and biz Csyine we M
sse-sS when we -, riehfoi we tht II was ooa,i
ss shoogh Congress had not S,s. ssSo = b. sS So e c
M cs I Pot Of saS s,.DsS saS a. sis @ se'P Short
siss the United states military Of al tne
lpssE cs ns Eslly in la. the fresldt nt IS Got a. J
y srl eonasndes Of iOrces |, C,iiOrns to exc
s.s Ss sSpa9@ ID country and impose dutie inn
nasse y f.9's ~ so the sSgP n no oi
ss ls 10 one car doubt cha, thee oTde c, the pIe;l &
se;ion Of snd Ds,y ~ . i1 ~. Ss nf
s"s'ssy sa"ss sss so Te psHc. .is isi 49, ios s SOi)
mocKADE A BELIIGERENr RIGHT.
q
do wbsre war exiss and Is clearly defined as inc
busessnt yh. 20 L,ty contributions III the enemy
oooutry Ath. lprene Court holds the latter poWe er
be coesi tionajly in the Pre-idert without an act
q Conrrtss as Commando rin-chief OF the Army ana
Assy, ,ntltJws necessarily that the power OF DOCK
az ssO rssidef with him. Indeed, IL would seem
wef fish, If Io-sble because, ss ehei OF tue navy
soooy can doubt the night OF ITS commander 70 oruer
dws ship to capture an enemy Vessel al seq, or
oenlard fortress on shore; and II If only another
s's aSsault injury TO The same enemy 10 shut
ms hafbors and Close bis trade BY the same snip or
Ast The same weapons usedi The cOInnianuer
"y sarat the mode of attack. .
We lst article sect on ., clause H. OF the Conslb
coa usder tue legislative head power is granted to
sL0es ITO declue war, grant letters oil marque
Nri&l, and make rules concerning captures on
80 ae saier." These powers ore, therefore, soiey
v.soed 70 and within the control Of the Le4hlatuie
- ont0 be exercised by the President. The Presl'
40 7nno declare war grant letters OF marque, &c,
ell oher beli erent rights, arisiug out OF
var are vested IN him as C)mmander-in-Chief
Va Amy and Navy. But wor declared by Con-
~ lat the only war within the contemplation OF
caziitnion. In clause Is, article ], section 8,
ss lA legislative powers Is this: 10 provide ior
Teg krh the militia TO ezeesH ne iasos OF the
Sm Mpprcss nssrrectione, and repel invasions;
iegisiafurc, In execution Of tlis power passed
1GHMHy5 let Statues at Large, 42i), vesting IN
h,dent, under the tsrms get forth IN the statnte,
oaary power over he militia in the cases
10 the 18th clsnse of section 9, article !.
esfas OF foreign p.tions, whose provinces or
~ are in reyolnaon foreign invasion Of our
eoapsry, aud instructions at home, are political
cssus, determinable by The Executive branch Of
usvsnment. Irefer on this subject to the follow
GAsss h the Supreme Csnrt Of the United States.
~ .ss Haiisilna Trinidad Dab Wheaton, 3G5;
Cspn has fepestsdy decbed that II win not under