New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1862-09-23
UNITED STATES DISTRICT COUET-Ix ApxIRALrr

->npr a. Is02
PRICE CASE, STEAMSHIP NASSAU.
Hsrsa ct al. sst- The Ste amship Nasal
Ihis caose came on this morning before Judge |
ara B's the p. Of the
the ves'e TO d.niss the Libel 6sd belsn.s
q ,s1 s Ds sGs ss0 on the h d..
lien VI lain emountnstO $40 oo and upward for materials
and ,oppes the vessel at foreign por' in which
c-dupon the ground that the brought into tho
Sr p's ~ sha a, ~ - ns q the .s Com
ceedns. had been taken against Der in the Prize Court
Edwards for the British owners; Mr. Williams for the
libslants go go
Il 10 alleged that the Nassau IL prize Of tho subject Of
suit In the Prize Court and that the jurisdiction OF tho
coclsnce Of latent liens which the lien OF mserfs man
said and that the claim of the csPto oveides that OF
But II tie N~,au is prr. Of she IS no. lawfully
within the Jurisdiction Of the Prize Court and that Of the In
Fw.t The Nassau Ia not prize Of Becsuse prize
Of only exist juye bei-by right Of war; Pze oil
tion.i .w The rish, u nations At make prize Of
enemy ships and goods an inherent rsnt .. old the no
mans. Prize. Of forfeiture IsysnIs prppe. ana the
Becsu.s tbers 10 no war within the meaning Of the law
81 nations; Rebellion is not war within the law OF ma
tn.; International law applies only 70 toe ineIcoue o.
Independent Power ws1u'tum slu~,e, can. only occur
What other (neutrs nations call civil war tee foweffs
voted assn.. desgnaes rebellion or iDsurrecion arc
tion OF cation revolt not nation aud concession ny
neural Powers Of bessFent rights does no. constitute
marion. rend.r It ,ndspendsn, Lord Pslmen:Oh's
speech1; The Confederas States" citizens OF the
United states and under tie law Of nations declare
against their own Government, lo.unection !. the
Constitution and /. under the law Of nations.
,end The sh Of nation. 20 make pr'.s o. enemy ,h
by rIe tou does not apply to the ships And goods o.
l. Becaue Rebel (. not .n enemy within the meaning Of
the law Of nations IA Black. 81 Kent a. The Ohio
ec.u.. the property R.he, only be seized and
contested under the municp. law, and can only be con-
d,rnned by court administering the municipal law
g. because the act Of eyyirg sgan-t the Government
i.pe.on pao'habls only BY the criminal law and not a.
War" Hale, 49,. Zoe. III. ! Hawk, 9 H. q IS Rex
sgt, Lord o. Gordon. Doug. $50 Arch p 379 The Ohio
only AID not administer the municipal law Ibe Wal
,insham Pacsef Rob 80. Mitchell sgt Roin.y Bro |
Dik.n,on Hay Marriott and other cases post under
1hnd The .hip and good. nation. trading with the
Rebels be eId jrys b and condemned ~ prrs oil
/ RscAus~ the United States are At within the
meaning Of the law OF naon' and prize Of war can only ex
.c.n.. f Rebel. are not enemies" the subjects Of
foreign part with them cannot be enemies within
B,cau.e subjects OF foreign power engaged in Giving
comfort Rebel. within the Jurisdiction Of our admirey
uorrrnm.n, nd aacs.Se such BY the cmin. law
4 Because are with no independent power 20 10
.tp either as enemy properly property Of neutral
committing of. against the law Of nations in relation 20
fo,, The Of Congress. passed July - 1881 declares
the Ls and goods Of se ahb.nt. Of tho Rebel States
found a, sea, forfeited 70 the United States
a. Foenr. that sitsche. for cause Of Rebellion.
and not BY nigh, o~T The penalty municipal fo,fstaIs
and ore:ue By the law " nations British prohbitoy
sst-u. analogy The Dicksnson, Hay Marriott. l. WI
liam erase Hay 4 NJ 10. Tho Loui's, Id. las. The Re
:. By s Section Of til. &C, Of COnr." ship. and good.
srsi UNDER Its provisions must be prosecuted in the D''c'
A Prize Court administering tho law of nations caruot
assume jurisdiction under municipal Law vesng express
Assuming the Intended to confer tho judiction
th.. branch Of The 9i.s, Court having eosni.nss Of
Cont and in the Prize Cours-trhe Recovery g. C. Rob
g. Tho act Of io,h Jolly 1891 msies provision for the
esp,a. and forfeiture Of foreign vessel engaged In giving aid
ny III. 9Th ,eiion any foreign ship trading attempt
iHs to rsd. with any R'e port which u, rf..srn' nay y
liable 70 forfeiture BY tbs Distrct Court
Tbs has effect, because no proclamation has
lad IL been brought operation by proclamation
,hp captured for besh Of its provisions would have been
revenue forfeiture, aid not q prize Of war
Revenue .srar-s and forenures have .wsys been held
.econd TO the ien' Of mstsr. The .ch Jsgo de
Cuba g. Wheat 40 Philips sC scst'ergood CLIP. K J.
Frh To constitute the prr. Tor breach ofboei
.d there be blockade under the law Of nsoos But
The d-eAration Of blohs under law OF nations i'm
pie. tho existence Of wH.-lbouvier Tit. Blockade
"A blockade 'sn operation Of war" oy Sir W. scott
B. blockade an act Of high sovereignty" "Henrie
MAris" /. {. Rob Its.
To claim the night to enforce general blockade Of the
Southern ports under the law OF nations ~ recognize the
existence With tho Confedersse States" and TO con
cede TO them beir-r.n tights which whatever other Pow
or, NAV DO ID. Uni cd Stes do without recos
a Nnhoa, wsr th,Ie can b bOchaie. under the law
a. There (. no because COuFre" has not declared
bs, declared war .s-ins, the Emitted s aes.
Reo- ion against tho Government entities the Govern
ports Of the States in insunection sgan's
external ntsrceHrss 49,, CO..
closed by provisions q mnuier.s and no, under the law
OF nations rhe British Pehbi,oJ Actl THE William and
o'i Fl. L! l: y c cSS 1861 make. specific pro-
The President lsec: ~ 10 empcAsred to declare by
proclamation the ports Of in'urectiOnAy States closed -
The sam. section forols any ship attempting enter
undsS Sec the whole Navy Of the United State. nigh,
b. to IN: mot In fore. By the
President
even san., smother scknowledsed begesnt power with
l. The rIh, 90 declare under the Constitution vests In
a. hi. hight includes the exercise Of al ordinary beger
en-, rsh,. Story on Gon.ti,u Quo Ar LII
C. Thrrsfoe, the night to declare /, 10 In Congress
E@e.tso no. strictly S.f Y, hts ,,. nut. BE- D.:
| ode which 10 tantsmo.nt TO declaring var
3 No boe,sde Ia. been declared By CSng.. nor sDy
authority BY Congss to declare any other than NUM-
| cip.l interdicl under the Act Of 10 July. 1851.
S<re.-The President OF the United States has
under the Constitution declare general blockade indie
| prudently or and without authority Of Congress-
The OF blockade BY the President sppesrs
ON m face to Temporary until tho question had
been considers by Cougre.a
The act of Conses authorizing municipal prohibition
Of intercourse express dsAyows OF the quasi blockade
und.r the law OF nNions
Eohth-Ifit were coutended that the power declare
were occidental tho Preidrurs authority Com
he has this power by virtue Of municipal law.
not of the Of nations In that the law OF nations
iii mot supply penalty for breach OF municipal prohibit
an and the municipal law supplies no penalty.
The Of general blockade 10 mot within the
power, o . military commander.
A ssnors blockade is d.tnguishsbs from the teee