New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1861-10-01
IMPORTANT PRIZE DECIsEON.
execution.

matter of prizes taken at sea since the Presi-
dents proclamation of blockade, was made IN
the United States Court yesterday by Judge
Belts. The case was that of the bark Hla'
watha. British vessel which was selzed
while trying to run the blockade OF the Chesa-
make Bay. Ten other vessels were included
in the suit, by consent of defendants, so Tar as
the general principles OF the law were con-
cerned. Ample time was given tor the
fullest discussion, and fifteen days were devoted
TO the arguments of counsel, which were
thorough and exhaustive. The grounds OF the
defense are summed up by the Judge under
five general heads: That the Court has no
Jurisdiction; that the existing public disturb
ances do not constitute war; that no Lawful
blockade has been established, and therefore
none violated: that no State or States, or
citizens or inhabitants Of particular States, can
become or be treated as enemies OF the United
States by the Government; that the PRESIDENT
has no power to create or declare state OF
war with any Of the United States or to estab-
lish a blockade of any of its ports.
The point Of want of jurisdiction, the Judge
decided, WA unsound. The Supreme Court
had in 1894 decided that the District Courts
possess, under the grant in the Constitution,
all the powers of Admiralty or Prize Courts.
On the power of the President to establish the
blockade, and take other means to defend the
country, Judge Belts holds that IN time oil
civil war, of Instruction, and rebellion, the
nation assaied and attacked by hostile aud
rebel forces may rigbtiully resis. war levied
against itself, alike by closing, embargoing, or
blockadng ports held by their enemies, as
means of war calculated to weaken aud defeat
hostile operations to its detriment, IA well "a to
accomplish the sud by direct force aud superior
power. and that no sound distinction exists
whether such defensive proceedings are en-
ployed in civil. internal, or domestic woriare,
or war between nations foreign 10 each other.
Under the laws of nations, tie right incident
TO a war waged by Government 10 subdne
m io,urfeclion or revolt OF ts Own subjects or
citizens is the same in regard to neutral powers
As if the hostlities were carried on between
independent nations, and applies equally 10
captures of property for municipal o1er'cs Or
as prize Of war.
The plea of State Rights, and Of the impoS.
sbty of the United States being at war with
one of It's own States, be answered by sbyIDg
that the Union Is not composed Of sgbteies
and distractions The notion of Government
constructed of numerous parts, each part scpa-
rate and sovereign in itself. and also sovereign
of or as against the whole, was never adopt,d
or declared by The founders Of the Constitution
and probably not contemplated or compromised
at that day. The officers OF the United States
Government &C; within particular states TO en-
force or defend the laws of the United States,
the same az # no State demarkations existed.
The whole extent Of the country is one aation
and one Government. In respect TO the United
States and it, constitutional laws, there are no
State lines and State sovereignty is a nonen-
tity.
Of the Southern Rebels, Judge Belts says
they are, ~ far 81 their own purpo'es and
ac.s can fix their political stains, as alien and
foreign from the United States a. if they as
,umed tho names aud became the subjects OF
the various States of Mexico. 1t can be Of
no consequence under what name or appella-
ton these enemies unite and act, whether as
States, SecessOnists, SOmhcrners, or Slave
holders: they are, in every just contemplation
of orr system of government, insurgents and
rebels against common Government, and
wagDg war for its overthrow.
Looking thoroughly through the points Of the
defense, therefore, Judge Belts consider, each
and every one inadequate; he considers the
Southern outbreak a fragrant war against the
Government; that the instruction was too great
to be put down by the civil power, and it was
both lawful aud necessary TO employ the army
and navy; that the President bad full power
to do all that he did do, including the estab-
lsh,nent Of the blockade; anl, further, " that
" citizens of the United States leyying war
{" against the United States are enemies Of the
(" Government, notwithstanding their residence
" within the Union, and that the property pos
I" sesscd and held by them in a state OF war
" out of and against the authority of tie United
% States, becomes thus property Of enemies Of
- the Government, subject TO cOnfScatiOn when
" arrested at sea; and persons continuing iotiin
"the authority and dominion Of such enemies
a. are clothed 10Th The character and responsible
"Gss Of enemies, because Of their residence,
,silIOm regard to their pirate sentiments or
"Ms territorial locality Of tie place Of their hos
"hity."
These are the most important points in
Judge Bettss decision. The remainder is de-