Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1862-01-14
from the London Review. Nov. e, 1871
The War fu Amerfcu.

the welfare OF neutral States. Every day
brings with it an increasing conviction that
the principles ofintcrnational law which havo
hitherto governed the conduct ct hystanderS
in this civil war will be put, by It's contin-
uance, to their severest test Every day the
flames Of the fire which the Americans are
kindling to burn their own house become
more dangerous 10 their %neighbors. 1t
nog seems probable that the attempt Of the
| Northern ITO subduc the reason Of the South
ern States by an army, will share the fstu Of
tho disastrous precedent set by George iii.
and Lord North, and Of which the political dc.
sceudants Of Washington arc now exhibiting
10 the world so strange md 60 servile q copy.
It appears equally probable that their navy
will be the instrument chiefly relied upon to
| carry out . policy Of cce:ciol-not, indeed, BY
direct encounter with the navy OF their enemy,
Tor at present, whatever the war may hereaf.
Ter produce, he can scarcely bs said TO
have = ~navy-but by the institution of q
general blockade Over line whole Of his coast.
The effect Of such & blockade, continued for
any CREST length Of tins, upon the
| of other maritime States, especially Of Eig.
land an1 France, il il no: difficult TO ~fcresee.
The vast extent Of yea aboard which will BIZ sub.
jected 10 this hostile operation, the pressure,
already evident, thereby inflicted OF lac trade
Of France, tic immense Importance Of the par
ticular article Of c,uultrce Of which the Eng
lish manufacturers will DO deprived. and tho
severe, though perhaps (f Indian ness be
trur) temporary distress Of innocent millions,
will combine to urge the neutral sufferers 70
examine the foundations OF tho law which i'm
poses The suffering. Thej will be led to ir-
yestigate anxiously the grounds upon which y
beligereai is justified In INJECTING upon q
friend q penalty intended Tor the ~suhjugation
of all tncrny-.o consider whether the reason
CT the thing proscribcs lilly limits whatever
to the exercise of h power SO harsh in It's ordi.
nary operation, End 90 terrible 4 scouIse in ths
extraordinary dimensions which it is now about
10 assume-.and " inquire whether this power
be abused if 1t be practically emplov& as a
means Of compelling y neutral to become,
taclt!y or openly, c 90 beliigersnt With the
party WELDING il. And they will finally ask
whether there De any way ul eScapa frVIn q
position Of ~ much distress and hardship; con
~sistentlc with the due observance OF ~in!exua-
tional justic. and right.
These arc ncSl grave questions; but The in
definite conliauaa:2 Ct Si;cn : blockade wou!l
force tho Gers dera;!on i them upon The Gov
eminent of this country aS we'll as # France
aud some advantage may perhaps resul. f:ou
discussing them nov. We are s"xinuS not 4
be misunderstood. II is the dlty i England
to- continue, as leng ~ possible, 1hs exiInpl,
that she IS now Setting CT pl.!snce and FL
bsarance towards her USisps:atsd cousins N
the other side CT line Atlantic. Her prcsen
attitude
auisa ii leoo 4oaoic 81 p,.&-
in which tine consciousness OF right aud nigh
are happily blended, becomes her veil. Il be-
hooves her 10 adhere TO the stric: 90 ,erva0ca q
that International justice # which: il
spite Q: occasional shortcomings. she ha:
been on tho whole tie consistent a3t
powerful uphoider-a lac: 10 which iii
srea, iurists ard prize Tribunals oil .Aneric;
have borne ample ami frank testimony. Sns
must submit. like other neutrais. 70 ell ID,
consequences of f. lawful blocisdo-that IL, o
a blockade daily constituted by a proper rot
6cation de iure, and maintained hv r s~rf3cien
force dc fucte. She must consent 70 ssc be-
commercial navy subjected &c ali ina necessg
~ seventies Of the Tel:-aScfrtsiHaa rules @
prize law. Ships that sail from England o
elsewhere with 81 intention ri reaching o por
Of the Southern States may be sa;zaa peSnaE:
at any distance FroE that port, az guilty ofthl
overt act which constitutes an ,f-nea agsirs
the law OF b blockade. OF tho existence Of thj!
intention the captor will judge in the IRIS. in.
stance, and, / he judge aDiss, tho ship lurs
seek redress il Pr:zs Court of Tie beilige-
rents. As q general rule, bath snip and CIR
70 are eonh5cated ior c breach Of blockade
bu: the letter may possibly escape, OF pTo1
that its owners are not identical with TIT
o1ne1s OF the ship, and, Thare these
owners are different possibly the burdri
Of proving the guilt Of the cargo may 90 holt
to lie On the cEpror. The captor, who is Il
Judge in The hrst Instance, may be the com
msader OF q man-of. wal, sI educated and h0
uorabie man; bat, ca the other hand, he MAJ
be the master Of a pr!vateer, who has obtained
8 commission ibey0nd or behind Which TIL
neutral cannot iook) without any inquiry lntt
his origin, doIricile, Or character, and whcsj
crew has been got tcgethcr principally On tn
ground OF their terocisy aud recklssSntss. |
IS, OF course, obvious that, il either case, ii
Judgment Of the caplor must BIZ formed il
circumstances of haste and difficulty, AM
that the slightest suspicion vii! determine
him in favor OF sanding he ship for tria
in the priza Court. L. will Re fortunate
INDEED. il some PTiTsteo!s d. not omit tht
legal Formally. Much ai:sconfuc; may, IN
deed. be-and ne nave reason % hope will b
-checked By the tIunes5 and wisdom q IN
Judges # the international tribunals; and sen
fences CT condemnation in costs and dimage
will gradually, a. the var CONT! rs, rrr:de
captSrs more careful ard circumSptct. AS n
az we are at present abe to form al opinion III
the very imperfect materials which hay'
reached Us, there dots no, Sem 10 bs any
ground FL ~disputing tie justice 1f the sen
.isral, cav IN fna trnnricrN Pi'Y
Courts.
To all these iis5iiisie7 and Sexat!1ns. ga!iinE
and Irritating rs they are TO proud and nraTe
people, E lgIarpi and ether States, 80 lang Us
they remain neutral, are morally oouhc
(for States have duties as we'll as midi
7iduals) to submit. Alter ell. inc!
will Weigh but lighty in TIC scalt
compared With the immediate suffering whic!
the blockade will ina CT upon the manu1actlr
ing population Of the neutral States, Rnd sspff
eially of our own country. II, however, sa:f
2 blockade we're to continue for an indeEnit'
length Of time, qaousqus tdTds" "ouia ne
CRY which c1nmon feeling &ad cannon achs'
would raise in tones so loud That inc stronges
Government might be unable to dlsregain II
SIS a large portion OF the civilized g'ohe, o.
would BE- asked go lie under an 'nochni''
commercial in'erdict IN order 20 enforce o tue
ory of Law applicable, originally and in It's pro
per nature. to one or more particular ports
.Cannot England 6nd relief for &c: lndiS:FJ
and without being e law br'aSer:-
1t is surely impossible that international la*
should provide no remedy for a pressure up21T
the innocent which becomes 'ntoitrl6'e- |
this pressure be the legal inciden! OF her aeG'
trslity, Why must she remain nen;ra's ~
statesman or" jurist will deny that it is comls
tent to a neutral to become q party IN an inter
neclne civil war, though the fitness OF dong
90 is a question Of grave public eStei'encs
The equity OF Intervening may depend uPoE
various considerations; but the legal aod mora