The New York herald., 1862-02-27

ARGUMENT ON THE TRENT AFFAIR-N. ID. HAUTE
FEUILLE, THE GREAT WRITER on INTERNATIONAL.
LAW, ON ENGLAND's NAVAL PRETESsIeNs, ETC.
From the Revue co'empOraire OF Feb.l
Impartaity requres tho two belgoren,s TO be treated
precisely in the manner and with perfect equality
in all that concerns the relations rcm State
men Of war Of ono o; the begerents when 1t graus
thsm refuge IL Is equally bound those OF the
other begcrent anu receive them precisely the
manner That duty snbsists in all its strength, If
by treaties concluded before the the neutral Power
had underia aken TO grant refuge TO the shps-o OF
ore OF the beligerens, and had entered into engage
ment respecting those Of the other. That obgatioA
exists and is still binding in spite Of any conventions
agreed between the neutral aud one Cf the beQercnt
Powers, stipuating for this latter moro favorable
reception than that reserved to its adversary - But
that duty does not 20 so far as 70 compel the neutral
Power TO keep up with both Delgerents the same rea
tons Of commerce and amity TO the under
the same conditions. In this respect md for all that
relates 10 tho action Of the Subjects the ndegen-
dence Of the neutral nation subssts unimpaired and IL
may follow its inte ess sympath,es without its obi
cations bel g thereby in any way violated.
II the bel igerens and neuras strictly fulfilled their
ssctive duties, would be easy to conne the owls
Of naval warfare to limits which they should never trans
gress. Unfortunately, such is not the For up-
wards Of two hundred years wherever the nation most
powerful at sea has been engaged in hostos IL has in
fie<d quite much damage uren euals upon id
rersory spain, Holland and France he self during the
very brief period Of their naval supremacy have in
turns been guilty Of grave abuses Of strength. 1t
Holland who far back as 1884, invented paper fc
ttous bo kades. For the last hundred and fifty
years that she has enjoyed the first rank sea- Great
Britain has followed tile doyelODinQ
for her Der et that whenever sho happens 10 be
at the position Of neutral nations becomes more
precsrous than that of the enemy himself The right
blockade has also received extension In complete oppos
tion with the most fundamental principles of nterpa
tioua law. blockade s nothing but the conquest by
belgerent Of the naval territory of his enemy round
the pace port which he wishes TO close to commerce
Master or that portion Of his adverssrys he
LAYS down laws which all neuras are bound 10 rcsne,
But conquest involves taking possession and perna-
nent occuI ation and this has been laid
down that the blockade must be real and effective.
49,.
practice. as she is ~ s pTocdnste blockade
Of 'nch and vch Of The ersnys prts We hare
her fdv dorn he pr,t5l that c uh1e of The ssdbogrd
ence ros norcy tockod,d in cossgu nee Of Us g.5
grayhicoi ios,n tch respect 10 the Engiih coass, The
proclamation is notified 10 all the neutral nstons who
thenceortb must abstain from any trade with the terri
tory thus placed under nerdic Such Is what has been
described the paper blockade. Tho begerent does not
moreoy, take the trouble TO send sin lie ship 10 main
tain the pre- ended blockade. The proclaim ltCn no doubt
would bo sufficient 10 exclude neutras but TO the
efficiency Of that measure two rights haYe been invented
which sro less oxorbtant-the right OF prevention
| and the right Of pursuit In virtue or the FIRST ths
begcrent assumes the power Of seizing and conscanl
any neutral ossel met at sea- bound for the port tn,
b ckade Of which has boen proclaimed, no matter how
distant such vessel may be from the port 10 question
Thus the bo kade Of New Orleans ing beon declared
belgerent cruiser meeting IN the Baltic ship bound fol
that destination may seize and have her condemned with
all her cargo for the violation OF blockade which de fact
has never existed, and which, supposng 20 hsv,
existed, might DO raised AZ the timo she arrives at
end ot her voyage Arsg Of paper therefore supplies Tho
place OF the squadron which having made the conquos
o we ensmy naval territory, ought 70 enforce the
quest by permanent occupation The right OF pursuit ha
great anal with that Of prevention Every ship clear
ing ont Tor harbor declared 10 be In slate OF bocka
oonsldored as IN tho act Of violating that blockade dur
INK the whole Of her voyage aud until she has reacbo,
the port she s bound for. II matte not whether sb,
ha boon seen AT tho Of going out OF tho harbo
hot II matters not whether thero are any wal
not 10 enforce the blockade n she meets cruiser sh,
will be captured and condemned with her cargo Thus
sunposins Havre 10 DO bockaded by proclamation q ncu
trail ship, cay Russian, sails hence bound FOR
she met BY an enemys cruiser in tho Indian Ocn nv
and would be captured and condemned aa taken In he ac
Of running the blockade q Havre BY e aid offhs m
pretcnded rights powerful country, rrorided ,cah mum,
cuse,s may rsndr effective. nat ogaina ~ e7,esny
AZ tec0 d0osnsf nsxt0s. paper blockade II wou