The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1861-06-28
THE eLocKA ABE.
TIE PRIZE Cause.-The HIAWATHA'
THE UNITED STATES DISTRICT C0URrs
Bofero Hon Judge Belts.


THB UNITED STATES DISTRICT C0URrs
Before Hon Judge Belts.
JrSD A. lis re Dsas<y Of ne RissoaosA-Jadgs Belts
said that this had precedence. Hewshed 10 know
the District Attorney was ready 70 prOceed2
The District Attorney replied that The documents he
referred 10 yesterday had arrived from The Secretary Of
States Department.
Juge Bete-Is there any objection b their reception
Mr. O. Edwards replied that he had not seen the papers
but the examining thew would decide kr. Edwards
here perused the documents alluded 20.
The District Atoroey-Xay1 pak ID your n0nor's
Intention 10 enf0zce the hour rule IN Tie prize cases.
Judge BetsAs tbs ia leading case win not lp,i.
the counsel but IN others do not ntand to sit hero dag
after day tohesr the same arguments sctsset Should
any case Of Importance, however, arise shall heaI
counsel.
Mr.. Edwards said that he had perused the papers
presented by the District Attorney and that should
object to their being offered In evidence, they being
copies or abstracts OF corresp 1ndence between Mr.
Seward and Lord Lyorr. Ono OF the letters signed
Gideon Weies and merely acknowledged tho recep. VI
letter from Lord Lyors
Judge Belts atked Tor particular description of
Mr.. Q. D. Smith, the District Attorney, said the first
was letter from NJ seward 10 Lord Lyons, dated May
1861 related 70 The blockade and 70 tho Of the
Biawatba The act OF Congress made the cctie1 copies
evidence. This letter admitted that the Hiawatha had
i've or six days yet 70 eave. Another was from Mr..
Wees stating hat the fifteen days unexpred, and
that notice thereof ha been puelehed In the Baltimore
papers, also The copy OF the proclamation OF Commodore
reception Of tho document AM Ger from Mr. Welles
notifying the British Mia9tsr that neutral vessels would
Lyons requestng that the Hiawatn may be- roea ed.
Mr. G Edwnrds said he renewed his objection he did
nos conceive that the rights Of third parties could BIO
stsndipg.
Judge Belts said that would probably come Up In the
M Woodford then opened the case on the Part OF the
government By brief historical detail OF the events
which have followed the secession Of the rebel authori
ripoo tnrnf ho 80
and the proclamation Ok the President Of the United
States the burning OF the Navy Yard Gosper and the
GINA On the l3th Of April Commodore PrenderSast Vs.
sued his proclamation announcing that he had sufficient
force to execute the blockade sOn the 2th Of April
with cargo OF salt On the 10th Of Nay she began 70
Woodworking day and night On the eth Of Nay Lord
On the 18th she Captain vas At Richmond and remained
there all night On the 18th be reaches his and
finds no tug on the 18th he hnds tug but II was not
strong enough TO carry the weasel out Inc bills OF lad
ing were dated at james river; the 18th he
anchor at Newpor. News the Goth he was captured
the questions Of fact Had this blockade been o..
tsbished authorized BY the President Of the United
sasee would seem to have been established ~ letters
mond BY Lord Lyons letters by Secretary Stewards and
secretsry wenes, reply ] assume that blockade BY
into ss to Its &asss BY the Britsh government, or
except through the Secretary Of States depaSssaens
M. woodford-Yes; but Lord Lyons admitted there
was blockade, AID asked that the Hawa.ha might be
Judge Betts-Nd he admit the existence OF the block
ade, or only ask about the time within which It was TO
Mr. Wosdford--we Shall show that In the papers In
the meantime we take tho Same position ~ Judge Mel
sons decision In the case OF Captain Rolins.has was
the right q the President Of the Uated States t. declare
either national civil The President had to
the conclusion under hs official oath, thai it
R{yfl and rEaAn
and was inferred that that was Of itself state Of
If foreign fleet to sail into the barbor Of New
would that nos be war; even II Congress not Sos
sion for Elk months Afterwards? War was never DO
ciayed BY the United sts asainst the republic Q. Me1
whereas state OF has existed and hsetities
meDced between We United States and xexieo Under
this troops were enlisted and money raised for carrying
on the war. The &C: entitled Gan act for carrying
on the with Mexico"
Mr.. Charles Edwards, on behalf Of the British Consul
and the Of the vessel and cargo then replied
she District Attorney 30 commenced by observing that
at this moment we are at peace with all the world.
There are treaties and commercial relations or the broad
est caaxacter between our country and every civilized
and. At this moment the ambassadors Of theee
government whilst the cJnsus OF shese gov
scattered Throughout towns South wei
North and yet, while at peace with all the world while
these ministers are performing their high duties and
while these consuls Engaged In their duties ali Our
ports Court Of Prize, which s only known In tmes Of
war be; reen opposing nations, opened Opened to do
WHAT Opened condemn the vessels OF those countries
who rghSfuy come, aad hayo right to 80, under thee
broad treaties These neutral vessels ard their cargoes
are taken and bss,acs thst we find that which all
glory tn the dag Of the United States, struck upon
merchant vessels, AMI their cargoes brough. into
this Court as psizes. He denied that the United
States at war with any nation and declared
that he term war VIA msapped to tho present position
and he would never descnsto the Hiawats as prize Of
war, but prize Of rebellion de would show the Court
that the Hiawatha was nO ID fault, ana according 70 the
laws OF nations could NOT be coudarnpe6 he would
copceG fully certain powers TO the President bu not the
power TO levy war without the sanction Of Congress-
The President merely chief nagstrae in the
crisis, and exercised tae powers of chief magistrate to
put down rebellion, &c the Mayor Of city would put
down riot. The counsel then at great length, oou,-
uented the powers Of the President, aEd oed the
constitution TO show that The President could not levy
he Their Ieorrea TO the blockade ordered at Gaea
by the kpg Of Naples during the italian war, sud the
action Of tho French government in not rccogl Ing it,,
and sending her vessels OF war to break tnat bock
sde. He also .Rrcod the case OF gu American YES
sci seized Off the italian coast. with soldiers for
Garibaldi, and her release Afterwards r. the King Of
Naples On ii, application Of the American government
sneak off under she protection of the ST. Georges Crcs
He would merely reply that the 81. Georgee Cross NO
take care Of Itself without attempting 70 sneak through
blockade; and with resrect to British cday h.
would say II fearlessy but respectfully that they asked
nc favors at The hands Of the presdep he urged with
cquence and ability tat tho very spirit Of the old
time Of peace, and at length eered the testimony to
show that the Hisxatla was not giving aid and comfort
After commenting n. great length on the wording of
The Presidents ptoolenasou to show that war ex-
steo but merely rebellion and referring to the treaties
between Great Britain snd Tie Crited States, tho learno
counsel proceeded 10 cite authorities to show th.t
b1cEades even during times Of two characters
and sometimes were rot kept rigdiy was sought Ia
the present case
TIE fudge hore .ntssated that the hour Of adjourn
Mept had arrived nd be would hear Mr.. Edwards
cl0sirg aTgpnent H. borrow fihis day..
Ar Woodiord, Ass st>nt District Attorney, will then
reply.
UNITED STATES CIRCUlr COURT.
TIE PIRATES OF THE sAvANyAH IN CcUEr.
before Commissioner J. Buchanan Henry.l
The United States Marshal yesterday ordered 10
bringJ Garrson Baker aud the rest OF pivaers before
Commissioner j. Buchanan Henry for animation a.