Nashville union and American. [volume] (Nashville, Tenn.) 1853-1862, 1861-10-20
rhe Preach Governments en- the Law Of
BIOcksde.
RIGHTS AND DUTIES OF SEUrsAIs.

The Preach Governments en- the Law o
! BIOcksde.
! RIGHTS And DUTIES OF SEUrzALs
The following dispatch has been addressed to the
| Chambers Of Commerce. throughout France by the
Minister Of Agriculture, Commerce and Public
Works
PARIs Sept. 10, I86I.-GESrIENES-I had the
honor OF informing you on the 9Th Of June last Of
t1s principles Of International law, which the Impe
rial government desired - establish in the war that
has broken out between the North and the South of
the United States
Since that time various commercial reclamations
| have been addressed to ne, and / have remarked
with regret thst these reclamsti0ns implied de-
plora0e ignorance Of the true principles Of the
SUBJECT l. therefore consider il my duty to lay
before you some explanations, agreeI upon with
TIE Department Of Foreign Affairs, and which
make known the limitations within which COM
uerce has right TO reckon on the protection Of the
imperial government.
shall feel obliged by your reading them attent-
iTey and employing all your efforts to enlghtea the
merchants ami sbipOwEers Of your district who
map share in the erroneous views still existing on
tins important question ROUHER.
Minister Cf Commerce, Agriculture and Pu5lig
Works.
The following is the text Of the note transmitted
BY NJ. kouher:
In guarding respect for the immunities which
modern law bas nov, fortunately, cOnsecrated in
fuvOr OF neu.rals We cannot pretend to protect
them from all the consequences which ordinarily
follow 70 other nations from the armed strife Of
two peoples. From the moment that we find our
selves In the prseRce Of two belligerents to whom
i've know not how % deny that character, we find
ourselves obliged to recognize in them all the rights
which, according to inarnsL snal rules war cOnfsrs
On those who make it. Consequently we cannot
contest with Their Of them the right to injure the
other by all the legitimate and direct means which
lt possesses such A. that which consists in seziug
ppon its possessions besiegingits towns blOczading
its ports. The natural consequence of the exercise
bf the law Of block de IS to nerdict to other Pow
ers access t. the bOcksded places. It is incOntest-
bible that those Powers have 20 suffer from the in
corruption thus put upon their usual commercial
relations; but they would have no right to make
bny reclamation for It because they are only indi-
e Fly affected, and bscaus obstruction is pllced
Upon that freedom OF navigation TO which they are
Entitled, except where such freedom would render
absolutely nsficaci0us the military operations be-
tween belhgerents rendered Legitimate by the law
I0f nations
The admission BY all the Powers Of this prize
lple, that the blockade. 70 be obligatory must Ds
Effective, has remeiied the abuse formerly sprung
from the right OF excluding neutrals from points
that were declared hlOcksded.
The effectiveness Of the blockade Is to say for
s the world the ESSENTIAL condition Of its validity
But so soon as there are, at the places to which
be gere1t hes 70 1teFdct access, forces sufficient
to prevent their being approached without exposure
to certain danger, the neutral il compelled. no
natter how preGli1isl to him il may be- to respect
the blockade. II he violates IL be exposes himself
70 being treated asg4n enemy By the belligerent
with TesOect 70 whom he had deTiated from the
duties f nett ity.
These principles. which have become the rule of
all n7ti0ns appear to be completely ignored by the
claimants They appear to think that their custo-
mary relations of commerce should not be affected
by state Of hostility 20 ch they are not parties
ard to admit at farthest thst there may be righf
to hold them accountable tor their Interior opera
itons. Unfortunately such Is not the case Il is
true that bslligerent may nos employ, to annoy
his enemy any means that strike directly at peoples
" no have remained strangers 10 the strife but it
is no less true that these latter have slways to en-
iure the indirect consequences Of the perturbation
rssultipg from tie war from the moment thstit
breaks OUt.
Another error of the claimants is to believe tAss
he blockade does not exist until it is notified diplo-
sad that it does not apply neutral yes
els tlas have quilted their country previously to
he notification. blockade IS obligatory from the
moment that it is effectively established; being the
Material result Of material fact it commences
With the real investment Of the place, C ntinues
% long as that investment remains, and ceases
with il
II matters little that neurals are ignorant of tho
acts If one Of th,iF vessels presents itself at the
place. the bejgerr. has the right to forbid It's en-
rance.
pThe general usage is, doubtless, for government
blockade 10 which t has recourse; but this nOtica
ion which is not by absolute rule, is Of no value
" itself: it is only the announcing Of existing
act which would already produce its effects. Is
nav sometimes serve, it IL true, to diminish the
osses which ueutrals may have to sustain in con-
scUence Of the state Of war, by preventing them
Undertaking useless commercial expeditions for
faces really blOcksded; but it Is evident, on the
ther hand that if neutrals suspended or modified
noovJing 90 this notification their commercial Op-
satiO1s they would be exposed 70 the danger Of
ding so inapprOpFiately, in case the blockade did
ot actually exist or IN ease it had already closed
I the time their expeditions might have arrived.
It ia b. e-roaeousy a.tributing to the diplomatic
Offices Of blockade value and Significance which
bev have not IN themselves. that IL might be pre-
ended % exclude neutrals from an entire territory,
be- access totwhich could not in reality be inteTdet
4; ans it is for the purpose Of rendering these
ctifious blOckades entirely impossible that the
greoment has been entered into at present not 70
onsiler neutral as entitled to notice OF the e1-
teuce Of blockade except at the blOckaded places
lemselves. This practice; which leaves 0ellger-
NJ the facility of acting with al the prOmpltuce
fen required by operations Of war, HnIch per
its military chief to blockade according 70 ne
assity pIacee distant from his country before he
az irstTrced his government Of the fact, mas this
i-.,4e,a Tor the neutral that it does not impose
-, A., obIi-at1sBs inevitably OnerOus, except as
- ,,7dav circumstances where he must ineyita>
" submit to them.