New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1861-09-26
PRIZE LAW AND BELLAGERENT
RIGHTS.


+. w. johnson as prize Of war, and the Dill
alleged the following matters as facts, ]. mat
tho Johnson was captured by a United States
yersel Of var having on board Is tuns OF rail-
road iron, taken from the wreck Of tho Nor
wegisu bark Albion, lost in May last, near the
place of ire capture; 2. That the schooner be-
loneed 20 Norfolk, and was owned by citizens Of
Virginia, Sts,e which in confederation with
Others was at the time Of capture waging open
war against the United States by modes of war
fare usual among hostile rsticnrj 3. That the
schooner left her port in Vlreraia bound to some
port South of Mar, laIra with the intention to
discharge her cargo in saeh Southern port.
The facts, as found by tho Court, were in
sous respects wholly different from those alleged
m he libel. The Judge foaDd, in substance a'
follows: I. That tho prize was owned Dy one
Holder Amy, q citizen Of Rhode Island, ana not
Of Virginia, u w'ecker by trade, who h"d iNeu
for several years at Norfolk with bis Virginia
wife, but who shortly after tho bombardme"t 81
Fort Sumter, returned to his home Ill Hhode
Isl.,d, o rs.At ssg~saI ysar- age A'"y o"uBh'
tho sch,onrr ia NOrlols, where he caused her 70
pe enrolled, aud, having loot his hrst cert dcate
~ enrolment, be again enrolled her Of Norfolk
in 1853, aud bis hst coars'pg license was taken
out at Norfolk on the 18th Of Diarch last; 5.
Thas he is described in the enrolment .. a ciil-
zen Of Norfolk, bat te swOfo ut the Custom
Houss only that no was citizen OF tbs United
states; 4th. That tbs vosel at the tine OF cap
ture was sailing uD3sr the fag Of the United
States. and her csptan aud crew were New.
EoRana sirn; 5. Thss the schooner was EN-
ployed by New-York underwriters, who had
insured AID paid for tts AIOsn's cargo, to save
ma much OF tie cargo as possible; u That sh7fe
was no istebtOn 10 violate tho bloca'de, nor 80
land the iron at any Soethsrn pOrti that TIE
intention WA 10 land portions Of tie cargo 70
fast as recovered, at or nsnr New Inlet (Which
is not naygable), on the ,aod tHacb hing out
side OF tho sounds ON tho Car'lina coast, many
miles from tire main land aad from population,
ssd when all that could be- saved had been
secured. to take the whole ts~s lawful port Of
tue United States.
IA matter Of law the judge held; l. Thgs the
en- vllment was. Ut most only pTssumpiive evioSDce
Of the residence Of Amy, aud IL not estoq2ed
rnt resldencr; 2. That tho actual d0mcil derr-
mines the character Of the owner as hostlle or
loyal; 3. That the attempt TO savo toe cargo was
a matter Of necessity, and therefore MT breach
Of blockade, aud the use of q wreeker was 70
innocent "a would have been tho ass Of the lot
ships boats. IL does not appear where tts
achooner sailed from 10 go 10 the wreck.
Upon the facts and law, as We have above con
dsnsed aud arranged taeni, tue judge drclded that
he could not condemn the prize on eiihor OF the
grounds taken by the Distrct-A.torney, VIZ:
either as enemy's property, or for breaking the
blockade. But inasmuch as the soizuse had been
made in consequence Or the nllsc -uc,tnl or tue
owners residence in the enrolment, the Court
ordered the vessel to be restored ou payment of
costs by the CLAIMANT.
Such is the history OF the great Baltimore
prize case aud the Court had 10 cocssioa 70 go
beyond what We have above stated, But az
Judges must spread themselves IN taese days to
their utmost limits, AID rs they must make 4
case TO talk about if it is not ready made for
them, so Judge Giles deeply impressed with the
importance Of eating as prize court" and
being thereby on terms Of int mate alliance with
the =" lava Of naiOns," saw ut TO magnify bic
ufce by preliminary dissertation on the rela-
tious of the United State. 20 the rebel States.
As the Judges discourse OH that subject Is what
the lawyers call obiieT, it is entitled to no con.
sIderation as judicial decision, nor should We
notice IL at all except 10 correct msatatemebt
of The Baltimore San, which heads the publica.
ton of the opinion with tho sssoEtion that Judge
Giles in his opinion "d declares tbs seeded States
" belligerents." So far is this from tue truth,
that The Judge does not declare anything about
the status Of the seeded Stases but does declare
that the United States have certain belligersnt
rishrs. bis purpose is to show that civil
war exists, but be 10 careful 20 refuse TO say
that pgbic war exists. The value Of hia
reasonings may perhaps DO estimated by bis
declaration OF tao cause Of tbs present troubles.
" More than onc-thIrd of the COnfederacy," says
he, a. has claimed To separate from the rest, and
" they are now fighting about the construction Of
"hs organic instrument Of the GOssrnIasnt--ene
" side alleging that, under true construction
"of the Constitution, each State has q right to
+" withdraw from the Union whenever tho people
$50 determine, aud the other, that no such
+" right exists, and that TO attempt to secede ia
" rebellion, and not the exercise Of any cOnsti-
4" tutiOnsl right"
This statement ia so absurd that we attach
little weight to Judge CHESS dissertation on what
constitutes civil war. He Processes 10 adjudgo
the blockade valid because it is tho exercise of
oeligerent right the part of the United States.