The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1861-07-02

ighsly established, ina: moment they we're made par
would be involved In the conlagratlon OF a
general war lt was against such exaggeration and
observed and however hard II might be against these
neuras however innocent they might be, or Justly dis
appointed in the dsarrangement Of their Affairs and n
teress they must respect the actuaties and perform
certain duties In consequence having the con-
necton with the law the proprety astoe of the
existing war. That being 30, how does the right OF
neutras and their be affected and in
volved in state OF war 70 which they not belge-
rents? Almost wholly, through the means and processes
OF maritime commerce Internationally II could hardly
be supposed that neutrals could any rights
make any efforts that could interfere with the conduct
OF tho war, without making themselves parties 10 the
STRIFE thereby abandoning their quality Of neutras
But the sea being the pathway OF all naons-a common
commerce furnishes the means
through which the rights and interests of nentras
are interfered with. which they obliged 10
concede, however unwilling dispeased they
may be In consequence of tine restrictions rsequent
upon state Of war, which concessiors they mast OBJ
serve In good faith go long as the var continues Neu
trails VIII no, permit paper blockade but It ia admitted
10 exclude all foreign commerce after the estabahment
Of iorcbe means Of excluding E and it is recognized
that every neutral when II fnds that right Bet foot
by belligerent must submit to it, rhus neutrsls are
bound yield 10 the beigerent right Of besto yiug
military and naval force in such way as TO close the
avenues Of commerce Of the nations from the people
against whom its hostlities are directed That
being so, the only question remaioinr for a
neutral Ia: Has the blockade been efficiently
established and has such fair and sufficient protection,
In good faith for innocent neu'ras been exercised as
make the paee TO break the bCckade by egres6
ugress under the rules OF the prize court open 10
conhscaton? The learned counsel then preceded to-
show from the official documents before the Coart.hs
proclamation OF the blockade, the rrespondence be-
tween Lord Lyons and Lord John Russell, and the COM
mupications OF the British Consul Moore at Richmond,
addressed to Lord Lyons the subject or the then
lstng blockadetha the shippers OF the cargo the
Of the Hswatha fully cognizant OF the
Of the blockade, and that the attempt Of the Hawatha
TO run was after the expiration o. the fifteen days OF
grace allowed by the government The counsel also
sued tie motives of the of the vessel and
the shippers Of the cargo in This illegal action showing
that 1t from the great profit from the
Of the cargo greatly enhanced IN consequence Of the
blockade The policy Of blockade TO suppress
absolutely in the ports of enemy. Neutrality
the fundamental principle OF the law Of nations 10 not
allowed In The least degree to nvgorate the enemy and
merce which the blockade is to stop, aud which
the decentralization Of the ports compels SOM
er to the surrender Of the opposing party.
With regard to the question whether actually exist
ed In the land or not II ~as easily disposed Of The
bombardment OF the forts, the Immense array Of an
hrmation Of What goirg on in the country IL
rot civil WARP Two large armies mustered-one
tion has displayed. As large q navy any mari
time power with the exception Of one greatly our supe
Ir and one other probably our s1perOr can music, to
government in suppessng the commerce and exhaastng
the resources OF the people and Of the region against
which bostiltes directed What is that requires
this Court not TO know and not to feel that there war;
when everybody else knows and feels w Where s the
his regmen2 He has dropped pen for the instrument
OF strife and he writes his records with the point Of
his sword and yet the Judge and the father Is called 70
tread this continent and what these chips Of that
thunder along shores but the military power OF the
And why is this stress upon the finances Of the
country, but that strain on the snevs Of war
which are all involved in the terrible struggle
And, yet, because the origin Of this war has
the stigma and Nervousness of treason and rebellion IL
NO war And the courts and the tribunals Of Justice are
called upon to parayze the strength Of nation exeried
miles, unless an indictment shall be found 10 the losay
Of the treason and their own rebeious officers shall con-
duct the guilty parties to the scaod say here, that
neutral nations unable and unwineito meet nopen con-
trovefy the power Of this government by any right
law Come here crying peace, peaos when there is no
peace - every man, woman and child throughout the
entire continsn, feels in biz or her heart + is
war II there could be no war till Congress had 30 de-
cared IT, then we could understand the assertion tina.
combined TO soil and defeat and destroy
there could be no war because 1t WAS for Con-
70 declare decree Of 90 far as de-
and the President, Of his will and votion, cannot
make war out of peace But to say that when nation
gress had not declared ii, or to say when
armed rebellion has escaped the bounds or sedition
S Of the territory snd ns
then there because Congress had declared
IT, 10 to confound words end their sense with tes and
facts The fourth article Of the constitution declares
treason against the United States is levyng OF
against the United States Then the question is whether
he constitution having made evyibg OF war; treasor
whether there has seen an actual ievypg Of against
the United States by the p ties that oombarded Fort
Sumter and invested Fort rckebs, and by thoee who
tread the coil Of Virginia to day in hostile array. War
being levied against u.s. what the power ord what the
duty Of the President Of the United ata1ss. He must
efend the national existence against Ay1lgQ enemies
and against domestic hostility What - st62 To tha
best Of nay ability will preserve, proeceSnd defend the
constitution Of the United Staes Aud who beard
man take an oath before he entered upon the duties Of
an office that had not the ana authority under the
constitution that eD0ined the oath TO fulfil It, What
ability did the President possess 70 carry out his oashP
Was it such only all loyal citizens possesedP No the
President had the ability conferred upon him by the
stuon President Of the United States aud he would
forfeit his oath he did not exercise it TO preserve pro-
tect and defend the constitution The courts must pro-
nounce the war now levied that kind of levied
by traitors, and which exposes them to execution
under the law punebing treason II for the govern
ment to say how far the law shall execute vengeance upon
those engaged In this treason and rebellion whether it
shall be governed by the mansuetude thrown around the
usages Of war. celebrated historian Of the present
day had written Of the war, as the on the United
States and he hoped the tribunals Of the country would
look upon It a. an actual With these remarks he
would leave the In the hands Of the Court.
The Court then adjourned