The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1861-06-22
TINE LEGALITY or the BLOCKADE.

The following ss the fun opinion or Judge panoP "
tb, United states District Court for the District Of cou
ba IN tie following CASE
UNITED STATES EFT AL. VS.. SCHOONER rRorIc WIND
AND oAKGo--JrN8 TERN, lSbl-IS ADMIRALTY
CAsK. a.,
libel has been filed by the United States and the
cap,ors this court sitting in admiralty TO c,ndemn a.
pr.zs the English schooner Tropic Wind and cargo
ylaa. D1ooismed NV the President Of the United
STATES the 27th OF Aor 1861 fne capture was mxde
The blockade Of the port Of Richmond Va into which
oa 'ps alleged to nave Oesn made effective on the soh
April notice OF brought home to the captain OF the
ieast as early as I'd May Feen oay allowed
b. United States to neutral vessels to leave the biock
effective blockade II appears that the Tropie Wind
commenced to load her cargo at Richmond, virginia on
and sailed tr,m Richmond the same day, bound Tor Hail.
fax Nova Scotia. MI Carlisle appeared for the vessel
and cargo, FLED The answer OF Captain Layon ana sne
answer evidence taken In prpar1oria ana ohcla cocu-
merss
The authority Of the President 70 institute the block
ads denied Dy the resp,ndents who insist tina. this
Only be exercised by pa,ioDal legislature And this
h ihe ast question to be considered II 10 true no de-
hover Eot expressly oonfsrea by the
OF the United Stats necessary to give effect to granted
lively or TO the people In the second article, second
sectoc OF the copstitatioh Of the United States is
Ia Chief Of army and navy o, the United statee,
Esd Of tie militia Of the several States when called
,hsTu Win sexioo, declared b. conssss to
exs. BY she q Mexico (ee 9th Statutes at Large,
that the PRESIDENT without any at of Congress, as
Commander. IL Ch!el of The ny and navy could exert
the oe,goIent right q svyns contributors % the
ing ct 81 against Page (9n Howard, 6i6) the present
Chisf justice aays"As Commander in Chief, he is au-
thoEizee 90 direct the movements Of the naval and mill
tsry fofce5 placed by law at h,s command and to
ploy them N the manner he deem most eftc.ua TO
page i6-.Tne pereon who acted in the character Of
conee tor this instance acted such uIder the autho
riy OF he military commander and in obedience TO his
orders and tne duties he ed ana the regulations he
adopted not theso prescribed BY law but by the
President in his character Of Commander in Chief The
Custom eouse established IN enemy's country
one OF tae weapons OF war II was established
Ipss he benefit OF Inc United States,
with CHER coap. es but as measure 81 hostility snd rs
apsgt OF tbs nLrary operations in Mexico; mode
army ana G.endeo aao to cripple the OF Mexi
CO and MAZE It oil the evils aad he bur,hens OF the war
The duties Ttqui ed 10 be paid regulated with this
view and 1oth ng more than contributions levied
upon TIE enc my which the usages OF war justify when
amy q operating ia the eaemys coutt'y.' The
obeT 10 which allUde Cross OF al Harrison,
Cein Hovard. ls9; 1907 Judge wa.ne IN delivering
the opinion of the Supreme Copt, ssys' Indeed IRON
the letter of the secretary STATE aud from h Of the
sec.eny OF the Treasury, cannot eoub! h.t the
ton u me military Governor OF California recog-
nze. allowable and lawful by Dir. Felix sn1 his C1bi
nes ne think it WAS rishttui snd correct recog
ssy fghtul mem that II constitutional, al
tnorgh Congress lad no. pasted au act to extend
California Caiifornis, the port OF San francisco
hst been Conquered By the Of tbs United States
eayss 1s46 Shortly afterwerds the United states ha
nni:ar7 possession Of Topper California Early 1s47
tbs President, constitutional Commander in CHEF of
the and navy, authorized the military and naval
commanders Of forces in Cali orn1 to exercise the
peL.geent rights Of conqueror and to form civil
duties 90 imports tonnage military contributions
for the support OF the government and of the army
doubt hs these ders OF the President and the action
o. ou- ARM snd navy commanders IN California, IN con
fctmlty with TEEN according to tie Law Of arms, -
&c, (See also pages 19l 1913, 1876, 1856, POI.
NocKapE BkIllGERxNr RIGHT.
Blockade beligerent right under the Law nations
where exists, and az clearly defined as the beige
rep. right to evg contributions In he country
doe Supreme Court hold the latter power TO he cons
tuiiOnay the President without act Of Congress
Con nander,n Chief OF the and navy, II follow
him; indeed it would clearer right, il possible
because ss chief Of the nav. nobody can doubt the
tue en- eneys vessel at sea or to lombard fortress
share ara Il IS only aao her mode OK assault ard nu
~ TO Ire enemy TO shut his harbors and close
It's trade D. the cams ship feet The same weapons
useo. lie commander only varies the mode OF at
s.i1Fn, under The legislative mead, power 10 granted
20 Congress "to declare wsr grant ettera OF marque
sad reprssl AID FAKE Iules concerning captures
fore eceiy confded to aud within the control
Of :te Legislature and cannot Do exercised by the Pree
deR. The President cennot declare giant letters of
oarqre &c slough al other beiligerent rights arising
OF, q state Of war vested IN aim as Commander
inCe.ei Of The army and navy But var declared by
Cong not the org Tiln the contemplate Of
the atu,ion. In clause is, article l, SECTION s.
amorg the Legislative powers is ths, "Io provice for
oslizC ,he militia the Of the Uoon
suppfes directions eDd gepel invasons and the Le
gliure, u execution 81 chic power passed the act Of
1895 1st sa,a'es at Large, 42s vesting IN the Pr ST.
cent order the terms Get ford in the statute, dfce
tienary royrr the militia the enumerated
10 5,h cause Of section S, article /. The sa'us
ii ofe 81 nations whose provinces dependencies
leyoutcn 'oreign invasion OF country
G deefIan
by Executive branch of our government Irefer this
Un.tec States che santisiua Trinidad Gth wheston
S96); THIS Court has repeatedly decided that will not
viii cave tbst ques,on settled by the otoer de-
ps-teass VINO are charged win he external aaiss Of
however be ;ad that judiciary and the Excca
tive hase red In aioing the sovereignty OF the
try Bat the tns objection is that the
Court foLowjng the Executive Department have merely
deoa,ed the notorious fact that civil exists be
tween Spsn her Amer provinces and this
FROM sbrtrg, Is Genial Of the sovereignty Of the lat.
Yer !. would De pubic and not civil war II they
TO cecce Whether they shall be sovereign ADD indepen-
cent rot all tina, ,he coui, has affirmed is that the
ezitcDce OF Ibis civil gave 70 both PARTIES all the
rigt OF Ta- against each oiaer
rHy DECLARATION or CIVIL WAR.
II of invasion by foreign power instruction
at bone in which cases the 1895 the Pres
deat may call cut the militia, tue supreme Court, ia I2
Whao7 (Case OF Martin agt Eot) pages 1880, says il
is exoes.rely with the President cecide whctief the
exgenc!es provided for have arisen these ALEC
y
and oe ecuts follow that branch OF the government In
this CAGE a, lase 81, The supreme Court say cit IS no
toa' such power may be abused for there
pO.er nhch g not susceptible of abuse The remedy
tcr tbs vel for all other ocL scNnduct II Il
Should CCrr 70 be found in the constitution itself
Ma .Eci iGsureccr has grown to such head has be.
ccrsr 30 formidable 10 power az to have culmuaed in
civi i see os 10 must alec belong, its
oislor, 20 the political branch Of the govern
nent. Tse President, in bis proclamation relating
70 tne blockade OF the ports of the COME
rate Sistes calling cut seventy five thousand
militia % suppress iLsutection and the re.
at a3ce 20 the federal laws alleges " that States
tage resisted and have eatened issue letters
oc 1s-que 10 authorize bearers thereof TO commit
assae sgsst the vessels property and lives OF citizens
engaged the high and IN the waters
OF TIE Vneo States tua public property Of the United
SiaS,s has hlen seized the collection of the revenue
cbsiIc'ed duly commissioned officers OF the United
states .D.e srgpgeG eXecutiLg the orders of their