The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1861-05-26

| The blockade which has been commenced by
the government on the Southern coast, and is
| to be completed from the Chesapeake to the
| Rio Grande, invol1 Aestons OF great interest
to shipowners, the owners and consignees Of
cargoes, captains Of vessels and merchants in
| general, as well as to statesmen in political
| and international aspect, particularly since the
arrival of the news that the English government
will not recognise blockade unless ii be
made what they may please to call "effec-
tive" 1t is highly important, therefore, at this
time, to ascertain what is the law Of blockade.
Blockade stands on vely different ground
from privaeering. The right is undisputed
Waving the discussion of the difficult and
delicate question whether a government can
lawfully blockade its own ports Qor we hold
that Charleston, Savannah and New Orleans
arc 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 possesses against an enemy,
and il would be very simple business were it
not that it involves the right, of neutral ma
tons, which must be respected. 1t is this which
renders ii intricate. There is 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 bellige-
rents to prosecute the object of annoying his
enemy, even though within certain limits) it
intic's injury upon third party. The ques-
ton is what these limits are and the principle
has been laid down that belligerents are not to
do anything which shall have greater tenden-
cy TO harass neutrals than to benefit them
selves. II is evident however, that this is a
very vague rule, whose application might give
rise to msny questions. But IL is by this rule
that publicists have determined the ey ent to
which the right Of blocka e may be carried
and the manner in which it is to be enforced
II is maintained that the first and the essen-
tial circumstance necessary to make a good
blockade is that there be actually stationed at
the place sufficient force to prevent the en-
try or exit of vessels. Lord Stowell, presiding
over the High Court Of Admiralty in England.
says Gin the case Of the Vrow Judith). "a
blockade is a sort of decentralization round a
place by which all foreign connection and cor
respondence are, as far as human power can
effect it, to be entirely cut off," This is called
an effective" blockade, in contradistinction to
"a paper" blockade, which is mere edict
closing port without any naval force, or with.
out sufficient force to actually do II.
Paper blockades are now declared to be of
no validity by the two principal maritime
Powers of Europe, which half century ago
We'd with each other in asserting their right to
monopolize them. Bonaparte, by his famous
Berlin Decree, in 1906, declared the whole of
the British islands in O 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 produce from France and
all countries then subject To Frenci authority.
by subsequent decree all neutral vessels were |
required to carry certificates Of origin from the
French Consuls 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 Coun- |
Gil equally outrageous. They declared subject
to seizure all neutral vessels trading from one
hostile port in Europe to another, with proper
ty belonging to an enemy. The British govern
nent afterwards issued still further orders, de-
clarng France and oil its tributary States to be
blockaded, and all vessels subject TO seizure |
which wcre either found to have certificates of I
origin from French Consuls, Or which should |
attempt TO trade with any of the ports Of the