The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1861-11-06

other institutions of the great republic We shall ,oach
prize, both being the conclusions Of tribunals in uhch
than anywhere else attention has been gu the frn
Ct, les Of International aw. and tending gradually TO
clear and define the position which the two cntcnding
parties occupy in face OF each other.
We have besides, very considerable interest In these
decisions since ships and property the most
likely TO be affected by them. Should tho courts Of tho
United states take upon themselves TO deal with the rights
OF neuras spirit similar TO that In which they va
ds. Win Us hitherto sd %ve sahsrsaass te
and an upright and fair dealing with fa =, r ~ be very
best guarantee for the continuance OF FRI du relations
between the two countries; We have at any rate, this
the good fortunewhich they nj h, If thew pleased still
preserve-of being neutral IN All lie great wars OF tho
s. h ncrea nave uh ormy eant the decisions
was always accused y our courts Of leaning TO the
y, .lo cp.ors, bcs and any III treatment is in
onw ,h 0s,., Ass Of judicial decision, for we now
Seupy .no posi- which has hitherto been occupied by
..e Ahe"p republic. This may he but feeble barrier
.s uue Of democratic passion rises high but, at any
ra.e, " barrier, and we will not anticipate our mis-
by assuming that IT Is likely 10 be overthrown
~ n questions Tin case OF The Hawaiha) are II must
n not Little n In the w anurs
hend any express power to the President to declare
blockade, and II seems very difficult 10 ascertain what
are the express from the OF which the
implied power of proclaming blockade can be Inferred
II may be- as was thrown out by the court that tins sa
point Of municipal law which vessel seeking TO break
blockade de- tdco could not by that wrongful put
itself In condition TO- question just can put
himself in the position TO question the ownership of pro
pcry by stealing IT, Still, IL would have been salts
factory had the American Judge been In position point
to the iuganls the clause the written
stitution under which alono the President has power
authorizing him 70 declare blockade, or the general
powers TO make and carry on from whiih such
power may necessarily be implied This has not been
done bur told instead that the begun
by the President that II il necessary in order to
constitute jstu,s beum, that should be formally de-
clared, and great many other things which, however
true and unqnestionablc, have very remote bearing
tue real ssuenamey, the competence Of the President
by his own inherent power, to proclaim and enforce u
blockade. The question not whether the nation has tho
power TO do so, but whether having withheld from its
Chief Magistrate all powers except those which the
stituon has given him. he is in this particular
peent 10 represent the nation.
The second point is to the American public and in tho
matter Of a British ship, still more embarrassing us
soH setld that, in order 10 found blockade there
be state IF wdrnot # internal commotit merely, but
thai lgd and actual state Of which being recognized by
Tie beihgrens themselves is the only ground which
they have right to require from neutrals the
rces and abstinences .ncdent TO that character Now
that state Of the United States governmon Mt far
we are aware has never admitted except by tho estab
ishmenf OF blockade. has refused IL c6ncee islige.
rent rghto The South II has treated their soldiers taken
in battle criminals guilty Of high treason though the
dread Of repras has pre-, ened it from putting them
TO death Contrary TO the usage Of civilized people in
such cases u has refused any cartel Of exchange and
leaves numbers OF IT. soldiers in the hands Of the
enemy rather than admit that il has enemy at
AL Not only does il NOT admit the right Of the south to
20 to war, but it does not admit that there dc
ftto When the English government, in The cause If hu-
na@ity and IN orie' more completely 10 gre fleet 10 Us de-
caratios, recognized me fact IF and lie tegcrent
ihso Of boM parties, me step encountered c
Of dtnrs uhh his hGrp Wt Isiied; but as soon as the
question is not that Of abusing government but of
condemuing ships, II is discovered that exists
that the North and South beligerents, that their
rights such unqustiplnbe, and that British
sci may BE- justly condemned for violating rhs
NJ a British government was for respecting thcm. We
pretend any regret that the owners Of British
ship who after fun warning from their Consul chose
to violate begcrcnt rights, which, whether technically
valid or not, have been admitted valid by their twn
government, should have failed in such enterprise
still less do wonder that the Prize Court Of the United
States should enforce without hesitation those begeent
rights the existence of which their government is IN
willing to admit.