Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1863-02-18
TrFa omARLEsroN BEoCKADB.

n CHARLESTON BLOCKADE.
What the Ysnkess Sag A5out ft-Ths Ns0 York
Heraid's article on Raissng ts Bl0ekade az
Charleston.
The Herald has q two column artile on the
raising of the blockade at Charleston. Itquotes
Generals Beauregard's and Magruder's procla-
nations, along with an editorial ofthe Dispatch
on the subject, and sbon quotes the following
authorities
OPINION OF sIa WILLIAM SCOTT, QUOTED BY
oRFOLAED.
When q fleet has been driven some distance
to sea by some accident Of navigation, the
beligerenls holding the blockade must take that
into account, for there is no reason to believe
that such an accident can make any change in
The system, because it cannot be supposed that
8 blockade viii continue for months without
being subjected to similar temporary Interrupt
tons. Bat when a feet has been removed by
some superior force, new events superyene there
from which may bring about other dispositions
Of the sloekading force, and which will present
following, in consequence thereof, very different
p~resumptioHs in favor of the ususl liberty Of
commercial enterprises.
oRFoLAE ON CONSTITUTES THE RAIs-
ING OF A BLOCKADE.
/. Whenever the naval forces employed in.
maintaining 3 blockade are dispersed or sdriYen
of by the superior forces of the enemy, the
blockade is not only suspended, but it entirely
ceases. Neither diplomatic notification, the pub
lieify of the fact of the establishment of the
state of blockade, nor even a personal notifca-
ton, can have the effect of precludiug tho com
muniealion of neutrals with the place previ-
ously biockaded. This is a general law, per
fectly in accordance with the principle that we
have 4aEa4 ae Fbo c..1n-.-a-F - e 49,
rights OF blockade. In effect, the delegated
sovereignty which had up to this time held the
place, no longer exists from that moment, the
enemy having reconquered by arms the eKer-
else Of their rights over their territorial seas.
Ia q parallel case a neutral merchant is not
obliged to foTesee or conjecture that the block
ade should be renewed, it must have resort to
established usage, without having regard to the
preceding state Of affairs which have been efae-
lively interrupted. It is in virtue of this pria-
ciple that the court hes persisted in the opinion
that the first blockade ceased to exist, and that
It judged It necessary to renew and recommend
the same measures to bring it TO the knowledge
OF neutral powers, either BY means of q public
declaration or by the Publicity of the fact.
What the court already decided on the last Occa-
sion is that the raising of the former blockade
BY a superior force was a total defeasance of
that blockade and its operations. Whether this
III 3 sound opinion or not, must be left to the
opinion OF the superior court. Ny persuasion
IS that there could not be a more ~effsctusl rails
ing Of the blockade, and that it should be re-
newed again by notification before foreign Ra-
tons could be effected with an obligation of OBJ
serving it as blockade Of that species still ex-
isting.
Under this view I have already intimated my
opinion that the mere appearance of another
squadron will not restore it, but that the same
measures viii be necessary for the recommence.
meRt that had heen required for the imposition
OF the blockade, and that foreign merchants
were not bound to act on the presumption that
it would be de facto resumed.
CIRCUMSTANCES UNDER WHICH A BLOCKADE
FORCE MAY TEMPORARILY WITHDRAW.
The blockading forces may at any moment be
Dispersed i or destroyed by the superior forces Of
the enemy. bad weather or want Of provisions
may place them in the necessity to withdraw.
From these considerations it may be seen that
neutral powers, although acquainted with the
blockade by diplomatic notification, may ven
ture, however, TO sail for the bloekaded harbor
with the hope to find its entrance oDened-the
possibility being that the blockade had been
raised during the interval of their voyage. In
principal, such a fac. IS not a violation of the
blockade, and hence is not punishable. IF =
person who sails for q 5loekaded sort, and who
finds, on his arrival, the entrance Of that port
bleckaded, and retires ct the command of the
bleckading forces, the intention which be might
have had to enter the port in case the blockade
wss raised, cannot be imputed to him as an
ofense, (ortolan, vol 2, book :. chap. 81
RIGHTS OF NEUTRALs To ENTER PORTS.
Speaking of the right to enter ports the
blockade of which has been temporarily raised,
D.. Hsutefenille adds:
" There viii bs no violation of tho rights of
the blockading beligerent if the neural vessel
sails at the moment when the blockadiEg
vessels have been driven out to sea or separate.
by q gale-in 8 word, at the moment in which,
by any circumstances whatever, it has volun-
tarily or forcibly abandoned the possession of
the territorial sea
EARL RUSSELL on H CONSTITUTES an EF-
FIcIENT BLOCKADE.
FoRgTGN OFFICE, February. IS, 1862.
Ny LORD: Her Msiesty's government have
under their consideration the state of the block
ade Of Charleston and Wilmington. It appears
from the reports received from Her Msissty's
naval officers that, although q sufficient block
aiding force is stationed off those ports, various
ships nave successfully eluded the blockade.
a question might, therefore, be raised as to
whether such g blockade should be considered
as effective. Her Mejesty's government, how
ever, are of opinion that, assuming that the
blockade IS duly notified, and also that number
of ships are stationed and remain at the en-
trance of a port, sufficient really to prevent &C.
cess to il, or to create Gu eFi 'ent danger Of en-
teTiug OF leaving it, and that these ships do not
voluntarily permit ingress or egress-in fact,
that various ships may have successfully
escaped through it, ash the particular Instances
referred to-will net, o fitself, preventive block
ade from being an effective one by international
law.
The adequacy of q force to maintain a block
ade being always and necessarily 4 matter of
fact and evidence, and one IS to which different
opinions msy be entertained, a neutral State
ought to exercise the greatest canton with ref
erencs to the disregard Of a de facl0 and noti-i
fed blockade, and ought not 70 disregard it ex-
cept when it entertains q conviction, which is
shared By neutrsls generally having an interest
in the mstter. that the power Of blockade is
abused by a State either unable to institute or
maintain if, or unwilling from some matter or
other to do SO. RUSSELL.
The Herald concludes thus From the fore
gong extracts from the works Of the learned
Ihebaus, on international law, it is evident that
contradictory opinions are entertained as to what
a defeasance or raising of the block
Ihe question, however-n0t intrinsicaily
but as a handle to foreign powers to
Extend our present imbroglio, so that they may
lecoms active and declared absttors against us,
IS they have long fu~rtiyely been-is an all i'm
,ortsnt one, and demands the earnest attertion
If the government"
THE News.
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