New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1861-10-01
ZAW INTELLIGENCE.
THE BLOCKADE.
,yp IAyy RELATING TO PRIZE NrSSElS@-CON-
nr,,NATION OF VESSELS AND CARGOES.


OPINION or JUDGE BEITS.
,-,,,rpD STATES DISTRICT COURT-,szpr. 3l.-8efore
Judge BFrf>.
The United States and others sg The bar Hswat.a tackle
and cargo, Prize Of Wal apG Like I.oelni sst he
I.ors i,d,n1pt discharged by he ,ioyenulnt from
srr,.D the shp North Carolina the hark fiGre the
sej ,o.r C,.n.hsw he bsrk Winfsj the schooner
Il,nnsr NJ Johnson the schooner l,J shoqrgh The bark
General Oyeu the brig Hattie JacksO and toe schooner
Forest hing
TIE fact Of the DEGREES of conGe nnatioa in the
sbov. Quilted causes was noticed lat, week Judge
Belts has now rendered the following ,saborate
opinion, recng the facts and expoDaing tlD law in
relation 90 tJcm:
The abovc-usmed vessels were all caS'ured ~
Prize of war by various public armoA vessels Of the
United States, aud sent into this pit in c'arge OF
prize crews, consigned 10 the Dis,ic, Juosc to be
proceeded aCains, under such captwa'.
They were accordingly committee 1y the Judge 1"
the possession OF the Prize Conn :ssioneE of tins
District, when sevs7ally brought before Eim, and
yers afterwald Hbeled by tbe Uni'td Stats Attor-
pav. and were ,bereupou attached by the Marshal
On r,,cass issned on each several ibel, alsl cere
upon brougin into Court. AppearHnces r'ere en-
tered in Cont In each suit and al>Ners ard claims
were iuterposel by various clGlmnrts conforna0ly
20 the practice OF the Court, and he cals,es then
,Iscat upon tie docket for heaURg, aud promptly
brought % trla in their order al public citing Of
the Court.
4 vital pant Ollie defenRea in ct Of tls several
ezts interDoed by the claimants, onsstes 81 VIo-
positions OF law and !avt CONN - all tht actions,
although beyond these general Gel ses Ere were
PRESCRIBED points OF clalm and exec ion mIc or les
special 10 each Iarli, l.iar sGlt.
To secure satisfactory dlsC,'ssI, 81 Oi thf points
common TO all the sniis and ave IS the libOr ana
representations arising ron ree,nllng tlS debates
on the same issues il each indiyidal acti,g NJ
deistauding was adopted by the CyHnsel snduguug
the cause and approved by the C-Irt, ny the ar
gumeuts CoverDg these common lsbuLds : defense
should be virtually limited to t.c issUek made IN
three cases-the bark Hiawatta, tic balk Pioneer
and the schooner Crenshaw, witt ne rcsekgation OF
tie right TO parties in the other pentsag To be
heard upon the facts ana law pee ar 70 Se suits III
wgeh they were specially concer ID.
II was understood aId sgrceG 5etweEl counsel
akat official documents correspo4deuces, fDrOclama
tions and enactmeTs in print, ~ iuOlsbsi by au-
tbofity by the United States an Brtlsk Govern
Inents, by the separate seeded 'ues asi by The
Coafedc!a;e States, should be req. nd usd IS eH-
Prrsdsai OF April 18Th. I'm, 25th, end Icy Lie mes
SAGE to Congress, July > 'l The Pre- tmaionEh toao
Seorets-y orsa'e ei;a Lo.d Lyons tAe sryeei O. ne
boksdf OF American potts printed b. Pgrsmg Secs
s;,g Ordinances ana solutions o. o. States 81 'Hs.na
S5rL Caloua Louisiana Florida. Tees sG georgia ihe
A.: Of the Confederate Government CsUs %-te o. wa
;h ne United states exist, aud pEo Ison 81 Jefferson
Davis President thereof, AIrh H. 1901.
Those suses were DISCUSSED with Ole rgushe ability ard
leaning orally and uron written an pIlniec points snd
bsf. aud nine days Of the sitinss q Oout were GsloeI
to hearing those particular actions an wee ~ 1'
sud Mr. Evsrts on 81 part o. cue hoslsn
AID by Mess-s. Edwards siuan and losd On t Pa o. e
clIiDsns Tor siN days ensuias tuIihe' ne ee
rrSsed 10 the Court collateral aud s11aay points EN-
brrd " chin those Iee particular cases together WIN '
",ioSi soppeeuary ob.eTvaous upon The .'n 9pci sud
80 very or e sud e:nsu.tiug dis.ugrs altca upon
tie f-ts ard law involved IN the other nine causes eOoEe
,sd Al hose considerations we.U gomVrehended IN the
:r ,lo sri,. ren5ir, b,loe The Cggrt and were
sTded by counsel essentially pertinent and important 70 the
i ANNEXATION and decision Of tie syec.iye Those
q
District Attorney MessTs. Eyarts aud Upton for the oa
and captors aud 5y Mrssrs Edwards, Lord, WRIGHT NeIi
hsw Woodlau, Mason, Donohue Burli, and Whiting ior
the respective defendants and claimants.
pgojacsd ana resd in Of Conyrsu entitled
An act fcl..es 70 provide i'L tAs .cA % Ie m &
aS tbep found lust published 10 the newspapers and submit
ted % The Court that the true import aid effect Of tie act
to efyai end IesciI ll he pIocee1as o. sAg %
dent in authorizing acts Of war on ne part Of tas Gteo
or captures referred in the pesdngs tAi proceedings IN
those several s and that the statue amounted % coucN
siye proof that those sets o. the ffeGehi were "A'I' aA
Wife the decision in thsss several in Of
rrs-ation Nr. SImsu inclos-a 70 copy act Of
Cougress entitled An act to connss;e property used Tor in
~ ,s sop,d7 fseh Il ever made is No. s.sid sad
inclined to the opinion mat ae OH was ineiud,d VITA
thr session copy ofwhh has yet been furnished me
being clear exposition Of the law aud amounting legs
.a'ye determination la, the vessel t was not
,cable merely tie properly Of insIertouists rebels
yE0u; enactment Of CoDgIets to that ,15. . .
Is OJesysbe tia, 10 express declaration IS ufcd N either
OF the eractments thEI "a ae purpose Of Congress
sss We opinion sIoh sac s pIBit ene scope
O municipal pubic law IN reference 70 those subjects IS l.
then existed.
is the .tautes passed ia g ofth aeoe5ent sett
OF he Pre.c.ut ana with fill know ledge Of t confederation,
Tpon which o.e acts founded ana the assertion fthe
Executive o. their elniaer necessity Id lusne's a ea
istence SD tie enses "a terms no dscsi or diisp
Prove action yA Executive in respect 20 those s
srreg n implication my Judgment, would be that e in
OF Congress vas % SIGNIFY a. i-1Piss ssactlon 20 ;ae
dsaru rssc!ud the policy PToTons Of the messTef
sdopted by Ina.
law as taking effect from the tue Of rs pa'sge and not
varying the it, administration by retroactive operation
(.fatthews Zane, Wheat III Kent 80. No'et.)
II may avail respectively IN any description Of cases
It would that the purpose OF the Legislature to give II
snch effect should be manifest IN The terms OF the act o. uHm
tska5y deducbe from the intent o. The euscment and spoil
icy Kent ass note But does not seem to me II can
the propety previous administrative performed by the
Executive Of high aud ezgenCy in his opinion. al
though Congress subsequently may aqIeLt pece "a" oI
future occurrences Of te that such enEcneE,
permsnsut Lass would draw after doubt Of the validity
OF the Executive sc' pVonsy o1Ned uaoeI tAe press
political ana public necesfss that law declare
tory Of the rghtiuness iuvady OF those acts would
Eto the Interpretation o. Ae shi.hets ~ coit o. J'sle
OF the authority or powers previously ued q Kent 40,
In my opinion however neither Of tire acts referred 70 10
be interpreted contributing teIoealg from any pow
which were within his ccis competency nor were those
acts passed BY Cons5es with intent 10 have that thec'
IN UNDERSTANDING and sy esfeLtsy put ~ con-
grounds prosecution and defense n PLe Court upon the
subjects now in litigation here.
may be cassed under tiye general heads
First That THE Court asa Pze Court OF otkerwie has
SsroHS' That the publ. disturbances now sabtistug
throughout the country OF between different portions Of TIE
tine consequences incidents Q! public war, under tie pub
s,d That n, Lawful blockade hss been established by the
Government United states against port within tie
United States nor has BLOCKADE been maintained coEios
bly, % tie roles the laws Of nations been violated against