The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1861-06-07

STATES that mere paper blockade. or block
AIDE extending over space TO WHICH 1t 10 pny-
sieally impossible that an effectnal blockade
can be applied, will not be recogqisad as valid
by this country. fHear, hear.1 The other
point is one Of, perhaps, still greater imp
tanrA. noble and earned Lord was under
stood to say q few day Sage that by the lag OF
nations prtgateering was piracY, and that,
the. n ortne-n ctases would be
perfectlysucte IN carrying out their threat
to trsat all privateering as piracy, and visit,
ing IL with capital punishment. IG3prehepd
that If there ia one thing clearer than another,
IL is that by the law of nations privateering is
not pracy-that no enactment on the part OF
any one nation can make that piracy as re-
CARDS the subjects of another country which
is not piracy by the law of nations, or by the
law of that country.
The Northern States, theryfere, must not
be allowed to entertain shs opisien- although
subjects that II they should engage in priva-
tearing expedi tions they will not be en- titled
to claim the protec tiop Of their Goyern,nent-
,has ssrx 90 % rsan tse ed law Was
IL win nan. The punishment, under such
circumstances, OF persons entitled to her Ma
lesty's protection, would not be viewed with
indifference, but would receive the most .seri
Gus considers tion by this qo.ntrs.i ft,s -'tht,
on the one hrnd~ that TIM eett.e o. TINS eoun-
try shoA,a ~ va, ned of the peril of engaging
in privateering undertakings but it is essen
"
ern States should not be induced to rely upon
our forbearance with regard 10 a violation of
the law OF nations by visiting privateerng
with a penalty which Is not attached to it by
that law. fHear.]
1t is said lutt the Northern States treat the
Southern Confederation not "a having the
rights of beiiIgerent. but as rebels, whose &C Is
will be visi.ea with ali the penalties OF high
trsascB, Including capital punishment. But
that is not a doc tr1ne e7s admit, because We
have declared INIT the Southern States are
entitled To tne rights OF bellIgerents. The
Northern States, on the one hand, cannot be
entitled to claim the rights of beiligerents for
themselves, aud, on the other to treat the
Sou thern States, not az ta,liserents but as
rebels. These ate the two points upon which
1t y most desirable that a clear understanding
should be come to bet weep her III jesty's min
listers aud the Government cot ula United
States-,frst, that we canrrt re CogpaZe any ex-
cept a really Elective blockade, such as the
United States may be able To enforce second
iy, that We cannot recognize the doctrine that
10y any proclamation or any enactment the
Northern States have power as against the
Southern Confederation 10 treat priya teering
as piracy, and to visit it with death.
Lord Brougham heartily wished that all
privateerng were piracy by the law of ma
tons, but, unhappily, it was not. His opinion
Oh this point Rad been misunderstood. what
he said was that DrlvAlesr'nS nnd"rtalzen by
the sphtefie OF orc country against the trade
OF another country, with " Hicn their own
was at peace, amounted to piracy. Prlva-
teering, however much 1T might be repre-
nendeu, was undou btedly, i'll the case OF re-
coSnlZed Delllgerents not piracy according TO
The law OF nations, as that law was 1t present
unuers TODD ana administered, but. IL any per
sons subjects vi this country, ntted out
vessel against another country with which
We were at peace, That, Ill iseIi, constituted "A
piratlcal act, and he WAS clearly OF opinion
that the persons 50 acting would have only
themselves to blame, II, after full warning,
they tered upon that coarse.
Taking nto account the great changes ana
improvements IN ali the Appliances OF war
fare which mad OF late years taken place, he
should hold that coal might De looked upon
as amounting TO eontrebaad OF war, II FUR
ished TO Que OF the beiigerents TO De used IN
warfare against the other. he might add thai
he entirely concurred III the Opinion that IL
was not :. cessary that a blockade, i'll order To
be looked upon as effective, should be of such
Il nature To render access to any part OF The
coast i'm possible out that II would be suffi-
cient to constitute IL a real blockade, that it
preeluded the existence of any reasonable
chance OF entrance.
Lord Chelmsford said he wished to bring the
opinion to which his noble and learned friend
had given expression to test. The Conied
GRATED SJates OF America were admitted by
her Majestys Government to be entitled to
exercise the rights OF h-lligerent power. That
being so, he should wish to know from his
noble and learned friend whe Their he meant to
contend that IL an English ship We're commits
stoned by these States aud fitted out IL pri-
yateer against the Federal Government, her
crew would, under such ctrrr,.t stances, be
guilty of piracy? British subjects SO engaged
would, no Gohbt, be arsWerable TO the laws OF
their own cotntTy, but it was perfectly clear
that, in accordance with the principles of in
ternational law, they would not be liable TO
be treat ted as pirates.
That warning should be given to English
seamen by means of the proclamation was, OF
course, a most useful and necessary step, aud
If, after that warning, they would engage in
such expeditions as those to which he was
terring, they must, of course, take the cunse-
Guences of their conduct.
The Lord Chancellor said his noble friend,
the President of the Council had laid down the
law on the point at issue with perfect correct
If, after the publishing of the present pro-
clamation, any English subject were to enter
I'M the service of either OF the beIligerents on
the other side of the Atlantic, there could be
no doubt that the person so acting would be
liable to be punished for viola ton of the laws
of his own country, and would have no right
to claim her protection to shield him from any
consequences which might arise. There could
however, at the same time, be no doubt that
he ought not TO be regarded as pirate for
actiDg under commission from State ad-
mitted to be entitled to the exercise of bellig-
erent rights, and carrying on what might be
called justum 6ettura. Anybo J dealing
with man under those circums tances as q
pirate, and putting him to death, would, he
con tended. be guilty OF murder. Hear, hear
Lord KIDgsiown said he supposed the
ia publishing the extrayagant order in refer
eDce to privateering, which it had issued, in
asmuch America had insisted upon main
tanning the right of resorting to that mode OF
warfare, when it had been abandoned by the
great Powers of Europe. In the present case
the issue of the order was, no doubt based on
the ground that the Federal Government was
dealing with rebels, who might be hung as
persons guilty of treason to the State of
which they were subjects That was a mat
ter for their own con sideration, but he could
not help thinking that 10 act upon such a
view would be- TO have recourse to Il piece of
barbarity which would raise an outcry
throughout the whole civilized world
Hear.
He trusted, therefore, the order in question
was q mere brutum Jutmen, upon which it
was not In tended to act. BE that, however,
as it might, the case assumed II different as
pect when looked on with reference to the po-
stion of English subjects. This country has
recognized, not as an independent Power, but
u body possessing the rights of a belliger-
ent, the Confederation of the Southern States.
Therefore, they were treated as having power
to issue regular authority for privateering /;
but the principle against British subjects
established by the proclama ton, was that If
they chose to engage in priva teering, and so
act in violation of the orders of their own
Government, they should not have the right
To call upon the Government to interfere for
their protection.
Lord Brougham trusted that all persons
would take notice of the warning given in the
proclamation, that in the event of interfering
in the differences prevailing in Amreica, they
must run the risk Of whatever measures might
be adopted by the Americans on one side or
the other, [hear, hear just as in the cese
which occurred thirty years ago. two English
subjects were tried and hanged for praIical
in reference on the land, and not on the sea,
and not one step was taken TO protect or
ayenge them.
The Earl of Peterborough feared very much
that good deal of what had passed that night
VI md n m Sh ha han f.f
those disposed to engage in the privateeri <
which had been alluded to He hoped il wouid