The weekly pioneer and Democrat. [volume] (Saint Paul, Minn. Territory) 1855-1865, 1861-06-07
The Law OF BlOckado...TheR ecog.
milton Of New states.
From the New York Herald. May rs.

WAVING Inc uSCuSSlOu OF Cn6 OiIucuIt
and delicate question whether q govern.
ment can lawfully blockade its own ports
(for we hold that Charleston, Savannah and
New Orleans are still legally as much in the
United States as the port of New York;
there can be no doubt that blockade is
right of war which every government pos
sesses against an enemy, and it would be
very simple business were it not that it in.
wolves the right of neutral nations, which
must be respected. 1t is this which renders
it intricate There is a general rule that
the neutral ought not to be interfered with;
but there is great variety of exceptions
arising out of the rights of each of the bel
ligerents to prosecute the object of annoy
ing his enemy, even though within certain
limits) it inticts injury upon third party.
The question is what these limits are, and
the principle has been laid down that bel
ligerehts, are not to do any thing which
shall have greater tendency to harrass
neutrals than to benefit themselves. 1t is
evident, however, that this is very vague
rule, whose application might give rise to
many questions. But it is by this rule
that publicists have determined the extent
to which the right of blockade may be car.
red, aud the manner in which it is to be
enforced. q
1t is maintained that the first and the es.
sential circumstance to make good block
ade is that there be actually stationed at the
| place sufficient force to prevent the entry
or exit of vessels. Lord Stowell, presiding
over the High Court or Admiralty in Eng
| land says lin the case of the VrOw JUDITH
"A blockade is a sort of decentralization
round place by which all foreign connec
ton and correspondence are, as far as hui
man power can effect it, to be entirely cut
off," This is called an defective block
ada in contradstinction to "a paper" block
ade, which is mere edct closing a port
without any naval force, or without suf-
icient force to actually do it.
Paper biOckades are now declared to be
of no validity by the two principal maritime
ago Wed with each other in asserting their
| his famous Berlin Decree, in 1906, declared
tie whole of the British islands in state
| OF blockade, and all vessels trading to them
liable to be captured by the ships of France.
| 1t also shut out all British vessels and pro-
duce from France and all countries then
subject to French authority. BY subse
quent decree all neutral vessels were re-
CURED to carry certificates of origin from
the French Consus of the ports from which
they had set out, that no part of their cargo
was British. Many neutral vessels were
actually captured and condemned by the
French courts, in pursuance of this despotic
decree. Great Britain responded with
Orders in Council" equally outrageous.
They declared subject to seizure all neutral
vessels trading from one hostile port in
Europe to another, with property belonging
to an enemy. The British government at
forwards issued still further orders, declar-
ing France and all its tributary States to
be blockaded, and all vessels subject to sell
zure which were either found to have certi~
fcates of origin from French COnsuls, or
which should attempt to trade with any OF
the ports OF the world thus blOckaded on
paper. All neutral vessels intended for
France or any other hostile country were
ordered to touch first at some British port
and pay custom dues there, after which, in
certain cases, they were allowed to depart
to their destination. In all cases, too, YES
sells clearing from hostile port were, be-
fore proceeding further on their voyage, to
touch at British port. BY a decree issued
| from Milan in 1907, Bonaparte declared the
British dominiOns 10 all parts OF the world
to be in state of blockade, and all cOun-
| tries were prohibited from trading with
each other in any articles produced or man
featured in the parts OF the earth thus put
| under ban.
The effect OF this paper war on neutrals
was most embarrassing. Between the two
belli9erents, the whole foreign trade OF all
neutral nations was interdicted. The trade
with the United States was affected most of
all. Our government demonstrated with
| France, and obtained an unofficial assurance
that the Berlin decree would not be en-
| forced against the United States. But
| Great Britain refused to make similar
concession, and this was the chief cause of
the war OF 1912. Yet now, with its usual
consistency, the British government refuses
to recognize a paper blockade, while at the
same time it recognizes privateeriDg, which
it declared to be piracy by the Treaty of
| Paris in 1856.
1t must be admitted, however, that no
prize court in Europe would now condemn
vessel captured Tor the alleged violation
of nominal blockade. But it has been
decided that the blockade is good though
the war ships stationed at the place may
| nave Dttu TcuOFSu W d SHUT OtSldbCC ny u
sudden change OF wind or any similar
! cause.
The next essential to legal blockade is
that the party violating 1T shall be proved
to have been aware OF its existence. Neu-
trails lying at the place may retire freely al
ter t1e notification of the blockade, taking
with them the cargoes with which they may
be already laden but they must not take IN
any new cargo. The offence is consumma-
ted by going into the place blockaded, or
by coming out of it with cargo taken in
after the commencement of the blockade.
Vessels must not even approach the port
with the evident intention of entering.
Alter ship has violated blockade she
shall not be purged of the offence till she
returns to the port whence she orig inally