The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1861-06-07

give public notice OF nay intention 10 put
question to the Lord President with respect
10 the Interpretation TO be put on some ex-
pressioas ia her Maicsty's Procisnat'" Tel
alive TO The conduct of her ~ aststy SUBJECTS
House did not SIT Yesterday. however, had
not the Opportunity Of doing so bpt nope
he noht- Earl VIII be prepared =. once 10
1--WE tie explanations ! dee.Fa 1t seems 10
me to be IA matter OF essential importance
| that a proclamation instructing her MaJesiys
| subjects n5 TO the conduct they should pursue
| in that unhappy war, should De CIGAR oL ar
| doubt and to the last degree inteitis'pls W
| every individual-that man should not De
| obliged to go to his lawyer for an op'u
| ION AS to the meaning OF the expressions
| used and, further, that II ne shouio z
| 20 his lawyer there should De no uita
Guilty I'm assigning to the words their trne m
| terpretation. The instrnctions e neL MAJ
ssty subjects relate. arsts ~ rhe IA" Oh LhR-
the law Of England, IL is clear enough there
is no doubt at all with respect TO thsnoty 'ti-
posed ON her Majesty's snb,en". gut as 10
| the law OF naronsl az wight haturaIiy oe "a
| pected, there u a great degree OF doubt. Her
| Maiestv's subjects are warned - not 20 oreak
any blockade lawfully and act ualiy established
| by either OF The beliigerent powers- INV,
| the first cues ton / wish te on 20 the nooie
| Earl is in what se.se vs. are TO understand
| these exprpsssons We are at present under
an obligation 10 adhere to the declaration on
.he subject of maritime law agreed 10 by her
| Maiesty's Plenipotentiaries and those OF
other Powers at Paris. That declaration bears
directly the subject OF biockades In these
| words :-'Blockades. in order to be binding,
| must be effective=that is to say, maintained
by force sufficient really to prevent access to
| the coast of the enemy"
| Now if these words ara to he understood in
| their strictly literal adjudication, TO establish
| a lawful blockade %oald be almost physical
| ly impossible. They must receive certain
| qualifications and explanations. l say i'm
| possible because there is hardly in the whole
| universe opy locality in which ships can re-
m 81
preventing access to enemy s enaS.. Block
| AIDES are carried on NY sh.ps at sea. They
| must be CARVED On by ships At sea, and under
sail. because no ships can carry sutticlency
OF coal 10 enable them to- act constant
| ly under steam; no doubt it wenia Ne :. great
/ facility II they cpcld al act under steam
! that would go Yer TO enable them to make
the s,ockade etfectual But 1 recoilect
| having heard that during the biockades
| OF Toulon the ships employed in that service
| were driven TO the Mediterranean and the
| coast OF Africa. Such things will occur again.
| and, according to the strict meaning, block
| tde might nave ceased TO be valid becauSe 1t
| ceased 10 be really maintained TO prevent ac-
| cess to the enemy coast. But appreh nd
| the words must be Understood with nnoeasdry
qualifications, artsuy from he circumstances
| OF wind and weather, which command ali
sncn Of,eTattOns, and that the real meaning is
| 10 prey access oy establishing such
| of danger TO those W no attempt o violate The
ckade as TO induce them 10 desisl from al
| tempting to do SO.
Blu: il that be the meaning of her Majesty
| MID tiers, confess l think IT very III ucn to be
| regretted that, ins lead OF adopting totally
l'neW words, as they have done in TINS prucit-
mauon, they old not warn her Majesty IS sub
Jets against breaking, or enoeayorIng 10
| break, q blockade lawfully established and eff
| lively maintained. j wish, then, first to
| know from the noble Earl in that sense we
! are TO unders tand th- words used in this proc
| Iamation. DO they intend to convey the ex-
| act meaning, with the qualifications 1 have
R| tflp
| Powers Ii they do not, " hat fur her mean
| ing 40 they contain DO they go below or be-
yonu the words of that declaration ? And
| why should not the particular words there
| used De adopted on this occasion i confess
| very much regret to See so much yegueness IN
the ex preston used as Il. Icon trabaud of war >
| The proc,t,aat.oh speaks of ''arms, military
| stores or materials, or any article articles
considered and deemed to be contra band of
war. according 10 the law or modern usage OF
| nations" How are plain men to find out
| what articles have of late been considered
! con trabanu OF war by the usage Of n3tionsf
They must look thros1A all the recent de-
| cistuns OF CoaIts OF Admiralty jurisdiction
| rot only in this country, but i'll others and it
| Is highly probable III IL they will be found con-
| Hlctlns with one another. l wish, therefore,
| 10 know what are the further articles not
mentioned TO which il is in tended that the
proclamation should apply, anu witch her
| Majesty s subjects are can tiUmtd not 10 carry
| upon the 3he law with respect 10 con
| tfabahd OF war is III stars CT constant change
| IL must change year &. ter year, according as
The MANNER OF conducting war is changed
| When looked III to this matter six years ago
| 4 yecOiect 10 have found in the law books OF
| best authority that all these changes were
controlled by one prevailing principle, VIZ :
that that is con trahand of which, IN tue
| possession OF All enemy, would enable him
| better to carry Oh war That is elear,
| reasonable aud ineligible principle, and 1
| very much regret that, instead of using the
| words which l find in this proclamation, her
MalnSt yss- liftS noIxt
ciple which All can understand, and which is
not affected by changes iii the mode of carry
ing on war. Hear, hear
| Earl Granville.--The quest tons put by the
| noble Earl are cert Inly very important.
| feel il somewhat difficult matter to speak
| upon questions of international law; but at
the same time, it is my duty to give the no.
| BILE Earl all the informa ton l can and if
! should happen to make a mistake / shall be
grateful TO learned Lords on either side to cor
| rect it, in order that no misapprehensionm may
| go abroad on subject OF so much i'm portance
| With respect TO the first question. What
| meaning is to be attached to the words "a
| blockade lawfully and actually established ?r
| l apprehend that, although the agreement of
Paris is likely to form an epoch in the history
| OF International law, and although il was
| coneurred in by all the nations of Europe and
by several American States, yet it does not
| In itself constitute change in international
| law, excepting as regards those Powers which
| signified their acceptance of it.
believe, further, even with reepec . those
| countries which entered into thai s.xreemen +
| with US, that what took place at Paris made
| no change rs far as bieckades lawfully and
| actually established, concerned That
question OF international la remains exactly
| the same as before, with this difference only
| that mere paper blockades will not in future
| be recognized. Before blockade can be said
| to be lawfully and actually established it
must be announced in proper form and man
ner, and the State declaring it must have on
the spot such a force as, do not say to make
| Ii Im possible, at a ltp n
difficult tor vessels to obtain egress or ipgress
The second question which the noble Earl has
put to me Is still more difficult to answer in a
clear and satisfac tory manner but can saw
at all events, that the Government have fol-
lowed the course usual on such occasions
| To certain extent, the noble Earl ans Wer-
ed his own question; for he stated that what
is contraband of war must vary from time TO
time, according 10 the character OF the war
which is carried on. There are certain arti-
Giles which are clearly contraband of war; but
there are certain other articles the character
OF which can be determined only by the cir
cumstances of the case; as, for instance the
ports for which they are DIES tined and various
other incidents which can be properly Judged
OF only in a Prize Court. The decisions OF such
Court, unless there has been u fragrant viola
ton OF international law, all those who have
recognized the rights OF the belligerents must
accept. l think, therefore, that her Majesty s
| Governments adhering strictly TO pre- edent
in this matter took the only course which it
| was possible for them TO pursue.
The Earl OF Derby.-The ASH wer of the no.
BILE Earl is, for the most part entirely sa tisfac.
tory. DO not feel disposed 10 complain that
| the terms OF the proclamation are vague and
| uncertain. IL is impossible to Introduce in to
| proclamation of this description such a def
milton OF the character OF a blockade, or OF
| band OF war, as would satisfy the con-
ditions which seemed to be laid down by the
noble Earl who first addressed the House -
Nor do complain of the proclamation on the
ground tnat the warning it gives goes beyond
fhtA lac nt