The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1861-10-01

IMPORTANT DECISION or JUDGE BETrs.-Owing
to the great pressure of advertisements upon
our columns, the important decision rendered
yesterday by Judge Belts in the case of the Hia-
watha, British bark captured on the goth of
May last as a prize of war, is crowded
out. The decision is against the bark, con-
dcmning her as prize, and is impor-
tant, not only for the principles of maritime
and International law laid down, but for the
reason that ten other vessels are virtually in
cluded in this Judgment, and their cases will be
ruled accordingly.
An understanding was entered into by the
counsel conducting the various suits that the
arguments covering the common grounds of do
fence should be limited to the issues made in
three cases--the bark Hiawatha, tho bark
Pioneer and the schooner Crenshaw-with the
reservation of the right to parties in the other
suits pending to be heard upon the facts and
law peculiar to the suits in which they were
specially concerned Mr. Edwards, as agent of
the British government was leading counsel in
the general defence set up for all the vessels,
which consisted of the following points,:
That this Court, a Prize Court otherwise, has
no jn isdictitn over the actions.
That the public disturbances subsistlne through
Out the co ntry, betw different portions OF the
United states 10 not constitute state Of war, carrying
VIII the consequences incidents OF public under
tie public law or law Of natl,
B. That no lawful blockade has been established ny tho
govern ment Of the United States against any port winn
The United states: nor has blockade been maintained
conornabe to the rules Of the laws of nations been
violated against such rules within the United States
a. That no particular state numbers of particular
states or the citizens or inhabitants of particular States
can become or be treated enemies OF the United States
10y the government of the latter.
&. That the President Of the United states has
power without authorization by Congress- to create or
United stat 10 establish "A blockade OF any port or
ports within such State or States
All the claimants deny in substance the legal
ity Of the blockade of the port Of Richmond
the knowledge of the claimants of its violation,
or that the master Of the vessel had authority to
prejudice the rights Of the claimants by any I'M
lawful acts on his part. In the case of the Hia-
waha the following facts were established =
The bark sailed from England, despatched and
laden by British owners, for City Point. in the
port Of Richmond, Va, with cargo of salt, and
to bring back cargo Of cotton and
tobacco from that port on freight. She
was regularly documented as British
NtrScl, anu WAS cOlnnianucu anu manned by
British subjects She entered the port of
Richmond, and arrived at City Point. in that
port, on the James river about sixty miles be-
low the city of Richmond. on the Goth of April.
It was clearly proved, by q letter Of Lord
Lyons. May 2, to Mr.. Seward asking FOR All cx
tension Of the time for leaving the port, that the
captain was aware of the blockade, and it was
further proved by private journal kept on
board the vessel. II appears that after his
knowledge Of the blockade he took on board
the cargo The Court therefore decided that
"the vessel and cargo were condemned
This case has already created much discus
sion in England, the principal point being that
the government at Washington did not serve
due notice Of the blockade on tho British
government and other European Powers. But
the best authorities on international law show
that this is not necessary, it being sufficient 10
bring home knowledge Of the blockade 10 the
parties concerned or their agents The other
main ground of reliance was that a govern
ment could not blockade its own ports. unless
it were in possession Of the ports themselves.
The reply Of Judge Belts to these objections
will be found in the decision. We rather think
after it reaches England few British ships will
be found willing to risk capture by attempting
to violate the blockade.