The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1861-10-06

The French Governms mt On the Law OF
Blockade,
hIuHTb AND DUTIES OF NEUTRALs.
lIranRlatnd for the NKM YORK ExRAIDI


Tie following despatch has been addressed to tho
Chambers Of Commerce throughout France by The Minister
Of Agriculture, Commerce and Public Works.
PARIS, Sept. IL, 1861.
GESTIEssN--l had the honor Of informing you on tho
9th q Juno last Of the principles Of ntorrao Law
which tie nperial government desired 10 establish IN
the war that has broken out between tho North and The
South OF the United States.
Since that timo various commercial rcclamatioEs have
been addressed % me, ana ave remarked with regret
that those rvcaHatons implied deporable ignorance OF
the true principles Of the subject therefore consider
my duty 70 lay before you some exrnnattis, agreed
upon with the Department Of Foreign Affairs ana Whch
make Known the limitations within which commerce nus
Alright 10 reckon tho protection Vi the impera go
vernmcnt.
i shall feel obliged by your reading them attontivey
and employing all your ctlo,s 70 enshlen the eGen.s
ard spownoIs Of your district who my share In TIE or
roneous views still existing On ,s nl ofnn, qnosuoh
Minister OF Commerce, Agriculture and Public Works
Tho following is tho text Of tho noto transmitted by NJ.
RouLers--
In guarding respect for the immuntss which modern
Law has now fortunately, consecrniod IN svor OF nca
trails cannot pretend TO protect them from al the
consequences which ordinarily follow to othor nations
from the armed strife OF two popa From the moment
that ind ourselves In the presence Of two bcgcrents
to whom know not how to derry that character We
find ourselves obliged to recognise in them all tho rights
which. according To international rules coLfcrs
these who make it, Consequently we ,,annot contest
with either OF them the right TO injuro the other by all
tho legitimate and direct means which II posscsscs such
that which consists in sci2fg upon s possessions, be-
sequence Of Til, Of the law OF blockade IL to IN
trJict other Powers access tc the boekaded places
II nccntasiabo that those Powers have 10 suor trs N
interruption thus put upn their usual commercial
aons but they would have no right 70 make any recA
nstop for IL, because they are only indirectly affected
becal obstruction 10 placed upon that freedom
OF nav gaton which they entitled except where
such freed would render absolutely notifications the
itary operators between begefents rendered leg
mate by tho law OF nations.
Tho admission by all the Powers of this principle, TINT
tho blockade, TO 10 obligatory mist be effective his RENE
died the abuse which formerly sprung from the right OF
excluding neutrss from points thai were declared block
AIDED
The efec;i,tness Of he blockade Dc, odoy for al nc
sootd tie essential condition q M tal,diy h so scoa' cs
there are IRE ria Uhtch bfgei emf nt hes 10 inter
dict cscc,s Jorrc nt % fdeent nstr ,.ins approached
vtho crpos,pe b. certain danger, hs ciG is conlei
3D. mater hgtc 9rjpdicGi HIM mag b. 10 rcsyec
the u eidde II h. piolates IL he fgToses himself &c bang
rsaed as az, ,sy by he boe,s.t rh respect 10 auhom
h. hos der,Gic,i from the duties q neutrality.
Tn principles, VIII oh have become the rule of all ma
tons, apicar To be completely ignored by the claimants
1hey appear to think that their customary relations Of
should not be affected by state Of hostility to
which they not parties and TO admit at arhtst That
thorc may be right to hold them accountable for their
ultericr operations Unfortunately such is not the
II Is true that bcligercnt may not employ TO anncy his
enemy any mcafs that Strike directly at peoples who
have remained ssafors TO tho strife; but II is no less
true that these latter have always to endure the indirect
consequences Of the perturbation resulting from the
from tie moment that il breaks OCT
Another OF tho claimants is to believe that tho
blockade dos net exist Until it Is notified automatically,
and that il does not apply to neutral vessels That have
quitttu eieit 'ouHis Plo''ot" w 'n' "a
JcokGGeis ciiGorg fran the n,smen thai IL cactirc,v
established; aasng the Material result ef mceici Jac, L
crmccs nil. he real investment Of The flcce, continues
Ting q Hd Investment remains aud ceases ssfG. IT,
II matters little that neutals ignorant OF the facts
If Ct their vessels presents Itself at the place. the bot
aerent has tn right to fofbis lis entrance
The general usage is doubtass, 70. government to
inform ether governments of The OF blockade TO
which it has recourse bit this notification which is
by absolute rule IL Of no value by ITSELF II Is cnly the
announcing of existing fact which would already pro-
duce its cfccts. ]. may sometimes serve it Is truc to
diminish tho losses which ncaras may have to sustain
il sequence Of the state Cf war, by preventing them
undertaking uset commercial expeditions fer places
ready bcckadoG but IL is evident, tho other hand
that II ais suspen led modified according 10 th 10
notification their commercial operations, oy would ba
opposed to the danger OF doing iaappropratey In
the blockade dit not actually exist, in it he'd
already closed at tho time their expeditions might have
arrived.
1t sly enormously atributrg to the diplomatic
.iCas CT blockade value ana eriGciton which they
have not III themselves that night be pret to
clcde routras from eitire territory the b.
which could rot In reality bo ncrdicicd it IL for
impasihie tlat the agreement has beca entered into at
the existence Of blockade except the bockasoe places
themselves. This practice; which leaves bo!ligoreut
the facuity Of acting with all the pronnde often
Guircd by orc atrs II war which permits military
chief to blockade, according TO necessity pieces distant
from his country before lc has instructed his government
of tho fact, has this advantage for the neutral tat il
docs not imose upon him obligations inevitably onercus
excent st least under circumstances where he must In
| eyitaLy submit to them.