The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1861-06-08
The Blockade and Letters of Marque.


The proclamation of the Queen does not
make the law OF England or of nations, but
simply warns all whom it may concern
against any breach of it. 1t is not by the proc
ltination, but by the law on which the proc
lamation is founded, that mankind must
guide their proceedings; and, had the procia-
nation defined ever strictly what consti-
tuted a blockade, that definition would avail
nothing, unless it was accepted as a correct
definition of law by the American Prize Courts
TO seek to define what Is the law of nations
i'll a royal proclamation would be, stead of
"A safeguard, snare for the uniearned reader,
since it would lead him to rely on an interpre-
tation OF that law which would not be bind
ing on the court before which his case is to be
decided. We note trace of this common
error in the case proposed by Mr. Horsfail TO
Lord Pa,merston. That quest ton asks wheth-
er merchant ships, chartered by the United
States prior 10 the proclamation. Will De liza
Bile TO its penalties Weapprehend whatever
those liabilities may be, the proclamation,
which is only Il warning not TO break the law
of England and the law of nations, could in
nowise alter them. The answer that can be
given TO Lord Peterborough is that a blockade
must be, on the one hand, great deal more
than mere paper prohib ton. A hen may be
induced to believe that h broad chalk line
forms r. barrier which she cannot pass, but
mankind have a right To require that, before
their natural liberty be taken from them,
something more substantial shall be interposed
| between them and the port taey desire TO EN-
| ter. On the other hand, IL would be aoSuTd
| to say that blockade shall not be res pee ad
| unless it be completely effective. Such rule
would be to invite II perpetual breaking OF
| blockades, since the very fact OF successful L
| evasion would prove eoncluSIyely, accordlng
| TO the definition, that it was no blockade at
| all, on the same principle that treason never
| prospers, because rebellion, when triumphant,
| ceases to be treason.
| Still less reasonable the complaint Of
| Lord EllenboFough, that the proclamation did
| not enable plain men TO find out what arti-
| cles are contraband OF war. A topic TAR more
.f1 hp
| question proposed by Lord EienborougA was
| the doctrine with regard TO &" priyateering -
| enunciated by Lord Derby. The argument OF
| Lord Derby seems 10 be that the North, by
| declaring blockade OF the Southern ports,
| claims frem neutral nations the respect due &c
| its rights as a belligerent power; and there
fore that, whatever the North may choose tc
| do with the citizens of the Southern States
captured on board the priyateers fitted ou
under letters of marqne from Mr.. Jefferson
| Davis, the North has no right 10 treat The
| beiligerent rights of the South as q nullitS
with regard 10 the subjects OF countries IRON
whom 1t claims respect tor its own belligeren
rights. The result would be that the North
| by declaring blockade of the SontherI
| ports, has bound itself not 10 execu tie as pi
rates the subjects OF neutral States serving Oh
| board such priyateers. The argument is on'
| OF great subtlety and refinement, and seemed
| to receive confirmation from the arguments o
| subsequent speakers. 1t is clear that Englist
| subjects serving on board an American '' pri
vateer y are not pirates, though, if they ehoos
SO to act, the English Government, by th'
| proclamation, seems TO ayow its intention o
| leaving them to Il pirates fate 1t may pos
sibly deserve consideration whether this de
cision can be strictly adhered TO. AT an,
rate, we cannot doubt that the au thoritativ
| declaration of the law by so many JUICES o
eminent authority will go very tar to preven
the danger apprehended, and may possibly b
| the means of introducing into the very com
mencement of dreadful civil war those prin
ciples OF humanity and moderation the opera
ton of which might otherwise be suspende
until enforced and demonstrated by the bar
barous logic of reprisais.