The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1861-06-02

Important DeOove In tne AAOuso OA AOkus-
Full Recognition OF the Confederate
states as Bsligerants-OPiAton OF the
Lords ON the Law OF BlOckade-Prtva-
tserln0 Englishmen Cannot be Executed
by the Northern Government-Brittsh
Ship Charter in New YoEk - Moro
Troops for Canada.
DEBATE IN THE HOUSE OF LORDS ON TIE BLOCK
ABE AND ACKNOWLEDGEMENTS OF
THE QUEENS PROCLAMATION.
In the House OF Lords the 18th OF Nay tho Earl Of
EIxsBoRoUGH said-I did wish TO give public notice OF
my intention to put question to the Lord President
with respect To the Interpretation TO be put on some ex
pressom in her Aaestys proclamation, relative to the
conduct Of her Mestys subjects in respect to the war
IN America Az this House did not sit yesterday, how
ever had not the opportunity of doing 30; but hope
the noble Earl will be prepared at to give the
plantations DESIRE seems 10 me TO be matter Of e.
sental Importance that proclamation instructng her
Majesty subjects the conduct they should pursue
in that nhappy should be clear Of all doubt and TO
the last degree Ineligible TO every indivdua-that
man should not be obliged TO 10 his lawyer for an
opinion as 10 the meaning Of the expressions used and
further that he should 60 TO his lawyer there should
be difficulty In assigning TO the words their true inter
probation 1henstructops TO Majesty subjects relate,
hst the of England and then 70 the law OF natons
Al 70 the law OF England, It is clear enough; there
s no doubt at all with respect TO the duty imposed on
her Msestys subjects But as to the Law Of nations as
might naturally be expected there ia great degree OF
doubt Her Majesty subjects warned mot 10 break
am blockade lawfully and actually established by either
Of the belligerens Powers" Now, the first question
wish 70 put the NOBLE Earl IN what sense We are to
an obligation adhere TO the declaration on the subject
OF maritime law agreed to BY her Msestys Plenipoten
tAroe and those Of other Powers at Paris That decara
ton bears directly on the subject Of bockades in these
words Bockads, in order to be binding sss'a be Te
iuetAat to say, main aimed By force sufficient really
words s a 70 be ~i IN ss strictly literal
s,gui6caton to eetablish Lawful, blockade would be
aim .ap
becapsc there is hardly in the whole universe any
lcsAnty in which ships can remain safely with the
power of absolutely preventing ACCESS to an enemys
coast block AIDES carried by ships at sea- They
must be carried by ships at sea, and under sail, be-
sho To act constantly under No doubt It would
be great facility they could III ways act under steam
that would go far to enable them 70 make me oiockade
bockades Of Toulon the ships employed that service
the Mediterranean and the coast OF Africa
meaning blockade might have ceased TO pc valid be-
ceased to be really maintained 70 prevent access
to the euemy's coast But sppuehend the words must
DO understood with necessary qualifications arising from
the circumstances OF wad md ather winch command
all such operations and that the real meaning Ii 10 pre-
vent establishing such Of danger to those
who attempt TO violate tho blockade as to induce them
20 ceest from attempting TO do 30. But IL that be the
ysr9 n nc be fesssd ha instead Of adopting
totally words, as they have done In this procama-
ton, they did not warn her subjects against
breaking On deavorng TO break, blockade lawfully
established and effectively maintained. / wish, then,
rst TO know the noble Earl in what sense We are to
understand the words used 10 this proclamation Do
they intend to convey the meaning with the quail
Acatons have mentioned, Of the declaration made by
the PowersS they 90 mol VIVA. urtner meaning 90 40
that declaration And why should not the particular
words used be adopted this OCCASION confess
presaion used us to "contraband Of war" The pro-
clamation speaks Of earns, military stores or
matera, or any article or articles considered snc,rS
ing to the law modern usage Of nations" How
plain 10 find out what articles have of late been
considered conu .band Of war by the usage o. nsonE
They must through all the recent decisions Of Courts
Of Admiralty Jurisdiction not only In this country but
in others and it highly probable that they will be
found conflicting with another wish, therefore,
to know what the further articles not mentioned TO
which ia intended that the proclamation should apply,
carry upon the sea- The law with respect contaband
OF Ia in stae OF constant change. II must ch nge
after Is as na0 tho 0 s
years ago Tecoect to have found in the law books OF
best authority that all these changes were controlled by
prevailing principle, viz that Is contraband
of which, in the possession OF an enemy, would en-
able him better to carry That s clear, rea-
sonable and Ineligible principle, and very much re-
proclamation her Maesys ministers did not go back TO
apr,nclple which all can understand and which Is not
anscsed by changes In the mode Ct carrying on was.
Earl GRAsynlE-The questions put by the noble Earl
NE certnny very important. feel ~ somewhat dun
CUT matter 70 epeak questions Of international law
but 1t the same time m duty 70 give the noble Earl
all the Information can and should happen 70 make
mistake sha be grateful learned lords on either
side TO correct it, In order tina. msapprehonson NAV
30 abroad on subject Of so much importance. wAh
respect TO the first que6ttonwht meaning TO be at
1ached TO the words Ga blockade lawfully ana actually
established !" apprehsnd that although the agreement
Of Paris likely 70 form epoch In the history Of inter
national law, and although 1t was concured in by all the
nations OF Europe and by several American States va
docs mot in iseH constisute q change IN sn1r
rational laso excepting a. regards 0ose Ponus
9ohieh signifed their acceptance T | believe,
further, even with respect 70 those countries which
eutered into that agreement with that what took place
Paris made change FAR blockades lawfully and
nctuay established concerned That question OF In
Sensational law remains exactly the before, With
this difference only at mere pape boades H no IN f
mr. he recognized. Before blockade can BIO said 10 be
lawfully and actually established II must be announced
In proper form and manner, and the State declaring
must have on the spot such force as, do not say 10
maze impossible, but, at any rate 70 mako il very
nuucut tor vessels 70 obtain egress ngress The So
cord question which the noble earl has put to still
more dncun 70 answer In clear and satisfactory man.
ner but can say, at all events, that the government
nave 'oiowed the course usual such occasions To
Certain extent the noble earl answered his question
kof he stated that what s conaband OF war must vary