Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1861-09-13

from the language employed in Mr.. Cass
letter.
Admitting the encrnachmcnt made OH tn
correct principle b.: the USAGE OF nations, ",
lind the law Of this subject. 70 so modified
well stated in the letter OF Mr. Pincknry, re
ferred 10. He says the United State; 'Ippga
TO have contented themselves with urging il
substance, that ports mol actually blockadet
by present. adequate, stationary force, EN-
ployed by the power which attacks them, shal
not be considered IS shut TO neutral trade II
articles not contraband Of war;" See on thi
subject also, the following letters Mr.. King
United States Minister at London, to Mr.
Piuckney. Secretary II State, dated July Is
1899; Sir. King TO Lord GrcnVille, May %
1799; Mr. Marshall TO Mr. King, September
20, $500 Mr.. Madison to Mr.. Charles Pinck
ney, Minister OF The United Sl4tsa at Madrid
dated October 25, 1901. Mr.. Monroe, Minis
ter of the United States at London, in letter
Of rrmonsiyaucc addressed to the British Gov
ern;ncni, dated September 22, 1896, says tht
best authorities iiave united in requiring Il
constitute u blockade, 'the disposition of sucf
a force, consisting o! stationary ships so near
the port, by the power which attacks it, as tc
make Il dangerous for tic vessel OF 4 neutral
power 40 euLer H.
Betors the present ioar the Untei States
in their uniform executive and political action,
| without deviation, have insisted upon the rule
as restricted at tie least, within the limits pre-
scrlhea by the foregoing definitions. The
State Department Of thc Government will
furnish iunorous authorities in addition to
il2st referred 10, which constitute but an in.
| considerable part in number Of those actually
existing All modaTn authorities or iatcrna
tio7sl lsw vndica,c the same rules. See
Wieatan lat. Law ed 1860 p. 57T.
OF a.,s;"ic Tie Government 0f the United
States, having proclaimed ;ins blockade, will
be unscrupu!ous in their Efforts 10 elude the
application Of the just principle for which they
have heretofore contcnded But the rery lan.
GuGgc Of the late proclamation stands con.
demned by the Government that uttefs it
Mr.. Pinkney, in his letter Of lha 18th January
1911, from which we have already quoted, in
giving summary OF the law ofblockade, says :
whole coasts and countries ahai not be dc.
ciaTcd foT they can Hcyer he more than ae.
claycI) to be in state Of blockade, and thus
the right or blockade converted into tue means
Of ext;nguishing the trade CT neutral nations"
The language il pate1tna.ia is, Of course, Mr..
0inkney's. ani fi:c word "aec}a1t:" therein is
itaiin;ss - lie tex, On reading the whole OF
this Instructive Letter !"hich e7ary curious read
er SHOULD do) it wcui1 hr found that tie prirci
pal cac:oachment Neutral rights against which
j. demonstrates vas the British order in Couu-
cll oi hlar, 1865, which declared the coast cf
France f7y1a the ri7er Z be to Brest blocksded
This act was 7ioiaton OF neutral rights which
the Uniied S;s:es and other commercial ns-
tions Garea!y and constantly resisted, on the
ground that no such blockade, in the nature Of
.hincs could be enforced And it vii. be OBJ.
served that til? Ca::ai States, through SIR.
Pinchnc1, complained Of the mare declaration
8. IN outrage and an annoyance. tits breach
Of ncui;'al rights ACCORDING to Mr. Pinckncy,
to .'s:irJa such Il blockade. Look 10 The
rronch coa.t biovkaied not exceeding, per.
haps, iivo Of aS hundred miles, il indeed, it
reaches tlai extent; look 10 tnn proximity OF
this coast 10 tiic Eagiiah ahorr, presenting
fava:aflc condition 80: the enforcement Of
hlacIedc, and llks nto consideration the great
nava! superiority o: Eaganl Contrast this
view .siLh The coast 3f !he Southern States, ey.
tending MACY l,o!lsaId mi!as vita from Two
u three huT,irel ports, and consider the naval
force o; the United States. Having done this,
recur 10 tie CG;ri S.a;es' declaration that the
English proclamation Tes an outrage, and ask
Yourself wha! ia:,ga:g" the English Govern.
ncnt can suitably employ ID dcrouuce the re.
cent prOclama'iCr cf the United States 1t
must sicken the heart &C the honest historian
to tell how The once 7rtucus indignation Of
once free govarnneT'; has been converted ntos
+7arv crime i; formerly depiored.
Tho complete adhesion which England gave,
tjhoagh taEH a b6'ii5srent, during the Crimcan
war. 20 The restricted rule Ct blockade, ratify-
ing this position il the treaty of Paris, places
the United States nom in opposition to It's own
example lie law OF nations, and tho settled
and STEADY c51cicLionG and interests 1f man.
kind Sr,c!l miockerr, 'leGtita;c of p!ausii,!c
su5tcrn.o u bolster it, con afford no serious
rcsi9anc. % Ihe naval fnrce pf reason, 1aS
md example that onp"se il!
having shawn that e.. h(iiiyfrrHt claim Of
rgh; to t!cciadc tc the extent proclaimed, is
All idle pTetension. we must not quit the sub
iect without briefly notic:rg another ground
unnn which il is sCilght 10 Justify this ACT, en-.
t;rla ;sconsiatc%t ;oitA the one already cx.
nnsed This ground, which ge believe the
Ur;tad States GcY.rnfa:nt has TAKEN il sol.
epn firm, is that, 'ev*Ty government can
blockade lis Own ports" This position,
Il is &c h. observed is based upon tho
assumption. universally repudieted, that the
Confederate States are not bGiliqcrenh. But
il si:a im,artincnt assumption we're conceded,
the law woula lie ttic very reverse Of the pro.
position predlca:cii or: il. The United ST. tcs
could not leggllY blockade lis onw forts, ac-
cardiaG to the national and established rule
of international is". 1l.o London Times o.!
ilay 8, 1861, refers to IN authority which,
TO o,o unacquaiutci with tho ignorance,
ihc :ly, and !hc crime, which alone render
toe degenerate G,rernincat of the United
States col:picuo:,2j acuid seem very strange.
That Journal, commenting Oh the course Of the
Uni!rl Stnlas, sag 81! wc mistake not she IRE.
lrFrirg 20 the t. ,,ates), in very recent case of
mn American strip. seized by Neapolitan cruisers
pf. Sicily, ras d and insisted upon the point that
Stats Carrot ba1kahc it5 cHn ports We
speak from Impression cGd not ircm reference,
but Te hrlIcva Ha are coTrac: in saying
that The United States demanded ard obtained
restitution and compensation from the King Of
Naples upon tho ground that as he claimed
Sicily as IA psrt Of his dominions-us ust as Mr..
Lacnln nov claims the seeded States
ne could ROT la~ fully hiGci;R3e the ports Of
!
rect OF not il i;s recollection. W. are not in.
iorueci; hu: t:lc a5cirfis is clcarly ) sustained.
Blockade is only !: bcliigsrcnt right to be exer-
ciscd in time of var, and rebellion is not war.
Ports cannot he h!2cEaded in peace, so as to
effect the commerce or rights Of Ncutrals.-
Bockade il its=lr nj oct Of sar, This princi
pie is expressly maintained in Nheator's Ele-
lnents Law Of Nations led. 1861 note (a), ),;page
ISL
We have noS exercised all possible forbear-
ance in noticing the prrtensons which we have
undertaken 20 expose and (;n the act Of resist.
ing those prctcns;ons) in asserting msreg
Egaal teltiGtTeat rights against an unprincl.
pied invader IA all aggressive var, Hho narades
before TIC world All htirctation OF superiority
and dr2eEcy, wh:..e perpeircting the bascst Of
crimes. NC have dealt thus lenicntly with
the professional ..!ck packet: disguised in gen.
teel clothing, who the better 20 accomplish his
crisG., seeks to agpeur more decent than the
ga"tle'nau i:,o *hose pocket be unceremoni.
oIiSly tiirEs:s his hands. c. G. NJ.