The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1861-06-22
sppy'rg this law 20 particular o.ses acts prize court
OF aa court enforcelpg municipal regu lastone.


In this case am si,sipg IN admiralty a5ju igug ques
tion Of prize under capture for alleged violation OF
en- public law any difference az to belligerent RIGHTS
W N eavn or foreign war; ana Judge story, III 7th
s Sssr cited X says
STATE OF war and the President having substance
serted civil war TO exist am Of opinion that the bock.
next inquiry s when did the blockade become effective
and as such come 70 the knowledge OF the 70.
spt ndepts or their goyernmentS Notice, actual or
pendererast, commanding the Home Squadron oHici-
ally announced the blockade Of the ports of Virginia.
whose outlet was Hampton Roads as effective on the
30h OF April 1851 and the Secretary of Navy his
letter Of the 9th May 1861 this notice was sen. to
Of them published In certificate Of the British Consul
at Richmond dated l4h Of May 1884, found board the
sses be Ssa iRs time q her capture he
communicated to the captains Of British merchsn.
fifteen days would be allowed TO leave the port after
the actual commencement Of the blockade with with
cargoes and whether the cargoes shipped be-
fore or after the commencement Of tbs biocade aud
that upon inquiry he found the 20 OF May 1861 to be the
cay when the efficient blockade began.
NO EXCEPTION BRITISH VESSELS.
There does not appear in the any evidence TO
show that the United States agreed relax
ana come out OF port after kno Wedge Of the effective
tt ciade was brought home them, rho letter of Mr.
to pqures Of Lord Ii ons relative 70 British YES sells 10
Virginia ports ana the operation Of the blockade upon
them, Nc, and which i. must be presumed sent
20 Lord Lyons does not contain the relaxation Of the
aw of blockade referred TO the British Consuls GER
titcae OF the 14th May, 1851; by which that il
contains no permission to British vessels TO come out
Of port within the fifteen days with c,Tgoes laden on
BOARD after notice of commencement Of effective block
ace give extract from hst letter of the 9th OF ny
1861; "ftteen days have been specified limit for
neutras to leave the after actual blockade has
mehced, with or without cargo, and there yet
manning i've or six Gays for peutra to leaves with proper
diligence tn the port Of ineYe see
fof ex' mpLop 30 sny also appears in the evidence of
Is +uese, before he began TO lead ha cargo,
and was ,rfora-ed 1t commenced on the I'd Of May.
WHY TIE TBoyTc WIND MUST BE coNFIscATD
All the testimony cnncuIs IN showing thst the cargo
laden on board the Tropic Wind the 18Th and 14th
Gays Of May 1861 No rincipe of przc law bet
ter settled than that such ang violates
folfeiis both vessel and cargo IN Weidman Search
Capture nnd Prize page AZ The act of egress il Gas cul
violated by ship passing outwards as inwards. A
blockade Is intended to suspend the entire
merce Of The place, and neutral is more at
liberty TO assist the traffic Ct expectation than OF import
alton. The utmost that DO alo ved to neutral yes
gel is that tavr elready taken cargo before the
II ale Afterwards on ID cargo /. is frautu.
lent act and violation OF the blockade is lawful for
sn'p 10 withdraw from bockaded port in b.liAst,
with cargo shipped bona tide before notice of the block
ace.' (See aso vrouw Judith Robinson I50 ,he Juno
20 Robinson, 1l9; the Nossa rennora 9th Robinson s2
In We!dmans Inter national Law, volume o. page EOS
we fin this passage: where the BLOCK ace is kaown at
the por. of Shipment the becomes an agent for
the cargo; such the owners must at all events
the country imposing the for the acts
of persons employ cd by them otherwise by sacrificing
the ship there wouf be resdy eecace for the cargo
the benefit Of which the fraud Intended (5ee aiso
the James Ccok, Edwards, 25i; he Arthur Edwards,
co., the Exchange Edwards 40 1st Kent Common aries
pany, Sd Wheaton, supreme Court Rept 1914 $50 also
wheatons note 70 the zane case 1t fellows, upon the
case bs 1t statds there must be cobterna. of
10th vessel aud cargo.
JUNK Is, 1851 JAS DUNLOP
n. After had written this opinion the proofs
and papers then before me but before known
ccped,l requested BY Mr. Carlisle, by note OF the
14h, to ask o. the state Department the whoo
Ionderce part OF which only ia the cause and
Saturday evening the 18th OF June, the document
banded to me. have formed opinion of the influence
this further has on the legal aspect o. the
case; and the parties concerned both sidas have
had no opportunity to gee or comment IT, and may
wish further proof to the relaxation by the United
States OF the strict law of blockade will allo further
proof to be taken by either pa ty on this single point
and pSs0p SeS decision ssa tn the proof ia su the
ccrsonant with prize practice
JrsE17, 1861. JANE, DUNLOP.
THE NEW ORLEANS BLOCK AIDE.
The New Orleans Psooyune of the IA inst says
The Unifot states steam frgste Powhatau, now on
biockadDg service of the mouth of the river captured
| the Pfpsssn bark Helos, the ION inst Cue deos
whs sixty I'VE days from Liverpool for this port, with
fifteen passengers ncud ing six ladies' Two hundred
End fifty tors OF sa and assorted merchandise board
On the 18th yesterday ehe ordered Off snd sailed
for Havana The following is the endorsement tho
egster 5esses leaving the Southwest Pass for
Boarded by the United States steamer Pownatan June
IS 1861 Examined her papers and warned her not to
enter the port of New 0reaus by any OF the passes
pail Of capture also warned her not to any port 10
the United States, south OF Baltimore, koy West ex.
copied Informed tie captain that he would be prize
any United States vessel which might overhaul him
while attempting to violate the blockade Of Southern
ports. GEORGE BROrN,
Lieutenant L s. Navy, Boarding OfHcer.
MIsRFPRs ENTATIONS ABOUT IHE NORTH.
The following from the Richmond correspondence Of
the New Orleans Pcdyns furnishes another ustr
Of the gross representations about the North which
cd fha eherp
curious reaches us from the North One OF most
pominen, citizens has just returned from trip through
The whole country. He was in the train which fred
into between Harpere Ferry and Baltimore, aud from
The latter city in company with the New York
Seventh regiment and others from that State, retu nng
horoe. they loud in their expressions Of ndgna
ton not az their treatment at the federal CAPT
TEL but at the degradation OF the COVE. nnent which
seemed OsL TO all sense OF constitutional obligation and
even Of personal hcncr. perfect tyranny regned at
tie captsl There not outward respect for
the laws. No civil process respected. It
perfect military despotism. Even the most sscrei
ergaeements regarded only long as
it wes for their interest to regsrd them For
instance IL understood from the beginning that the
Seventh should never be called upon to pass the PoO
macall of their feelings revoed at the idea Of invading
the Southland yet, almost at moments notice, they
were ordered direc'iy across to Alexandria This
'tbe hair which broke the Games back, and in utter
disgust at what they hal seen and suffered every of
them rsrolted apd returned home. And their ztoty
the story Of thousands Of others II is doubtful indeed,
to on from York yaI M the .. nr s
text The Lincolntes must hereafter rely upon their
mercerafes Nor 10 there any evidence that the
OF the Northern people gong In any substantial
rer, to support the There is a(acrity in enlist
ment at all events From Baltimore the Canada line,
there is TO be movement Of troops, except like
orabbaokward Is there any disposition among men
of substance to contribute of their means They talk
largely and threaten hugely but all ends In talk and
th eats.
Police Intelligence.
sINCuIAR AFrAIR-Boip TfMrr AND RECOVERY or THE
Monty. Late on Thursday afternoon Meyer jacobson
alias Tuehart German well known the crimnh au.
horitits OF this city, entered the dwelling Of Mrs
Mary Masser No 100 Third street with three Oil ,ers
under the preenoe Of searching for watches other
jeweiy which IL charged had been smuggled iato
the country without pay ing the duties this fac.
or Is fact at ALI became known TO rruehart mys-
r?, but II quite certain that he kew Mrs Masser had
nearly 50 100 IN gold coin In the trunks Of her
room While the oicers were searcbiag or pretendtpg
to search, fer the contraband ewelry, Truehart also
having eye 10 business 10 tbs trunk