The New York herald., 1863-02-05

ohor WORDS the blockade Of our pos insisted 70 be
An acknowledgment or separate existence This was
soon given mp by RUSSELL indeed be insisted upon
n in Parliament which believe he did, though We
not certain. Nor was II oil that be gave up BY the
treaty Of Paris in 1855 decided that blockade, 10
be respected, must be efficient When called ON explain
what would be considered anicsnt blockade, the
Pamerston Ministry established the rule that the entrance
and departure Of ave ships into and from q bockaded
tort was evidence that the blockade not EN-
cient Now, instead Of Eve, nve hundred vessels
have entered and left the port Of Charleston since
II was declared 70 be blockaded Yet tho compaisant
British Minister for Foreign Aars s regards the block
ade OF Charleston effective IT, therefore, the Yankees
restore the blockade without notice, have no doubt
that he will look with perfect noncbalnce upon the cap
ture OF number OF British ships that may attempt TO
enter. He quite TOO polite give offence TO the Yankee
Adams.
Besides the glory Of the decd therefore, and the oppor
tuny which tho dispersion Of the Yankee ships Affords
merchant vessels to enter the portland these eousdera
tions Of great moment~sd0 nat that any ppa-
nct advantage is 10 Be derived We have idea that Lord
Russell would take in dudgeon the Yankees cap
ture any number OF English chips without notice. We
must keep ports open by the strong hand Our
men will do II il they only permitted. ..t......
ORroLAH ON WHAT CONSTITUTES THE RAISING OF 4
BLOCKADE
Whenever the naval forces employed In maintaining
blockade dispersed dripn or by TIE superior forces
ofhe e.ey the blockade Is not only suspended, but
entirely ceases Neither diplomatic notification, he psb
hciy Of the fact Of the reesabihnseat Of the state Of
blockade, mr. cpen PERSONAL notfcaon hdue hS effect
Of precluding the COMMUNICATION Of nsuab w the place
previously blockaded This s general Law perfectly In
accord with the principle that have taken the
fundamental basis Of the rights OF blockade In effect tho
uhi hnd holA
place no longer exists from that moment-the enemy
hvnG reconquered by the exercise Of their rights
over their territorial seas.
JUDGMENT or SIR wM, SCOTT, oUorxD oRToIAN.
Ortolan quotes the following
In a judgment which he pronounced In 1906 before
the High Court Of Admiralty, Sir VIM. Scott expressed
himself as follows on the subject Of shis right
When feet has been driven distance to sea by
some accidents of navig o the belgerents holding the
blockade must take that INTO account for there
son TO suppose that such circumstance make any
change in the system because cannot be expected that
blockade will continue for several months without being
subjected 10 similar temporary interrupons. But when
ee has bee,sremoued Jy superior force,
sl e,rene herefro Which may bring about other disposi
fons Of the blockading force, and ,ohich oH present.
follocng in consequence thereof very different presuBt,o
in auor Of the usual liberty Of commercial enterprise In
parallel neutral merchant Is obliged TO foresee
TO conjecture that the blockade will be established
and consequently If the blockade should renewed It
must have again established usage without
regard TO the preceding state OF affairs have been
effectively interrupted 1t is in virtue Of this principle
that the Court has persisted the opinion that the
blockade ceased 70 exist and that It judged necessary
70 renew and the measures bring it
the knowledge OF the neutral Powers, either by
Of public declaration BY the publicity CT the fact.
On the OCCASION Ortolan adds the same wise ma
gistrste continues az follows
What TIE Court has already decided the best condsra-
o~ g. that the rdsins Of the former blockade BY superior
force total dsoasance of at blockade a~d M opca
ows Whether that sound opinion not must be LEFT
70 the determination Of the Superior Court mypersua
Ma, A0s could no. be a aectual raising OF the
blockade, and thas should Be ren1Osd again BY woos-
ow bsfsye |re0n could be effected with o6,ioa.
ton Of o1serrng blockade that species sail existing.
Under this vi4w have already intimated my opinion
that the appearance Of another squadron will not
restore IT, but that the same measures would be neces
sary the that had been required for
the original imposition OF the blockade and that foreign
merchants were not bound 70 acf any presumption
that II would be de fdeto resumed.
CIRCUMSTANCES UsDER WHICH A BLOcxADISG FORCE
MAY TEMPORARILY WITHDRAW.
The blockading FORCES may at any mome0 be dnpersed
d<3fyOt0 Ou LN< ku1r1OT TTrS uc0us( or
,oan, Of provisions may place them ne mccarthy 70 wsh
drow. From these considerations 1t may be that
neGtrai Powers although acquainted with the blockade
by diplomatic notification. may venture, however, to
sail the bcoksded harbor with the hope find
open ed--he possibility being that the blockade
had been raicd during the interval Of their voyage In
principle such fact Is violation of the blockade and
hence not punishable person who sails for block
nded port and ~ho nnds his ARRIVAL the entrance Of
that port blockadcd and ress at thc command Of the
blockadng forces the intention which ne might have
had the port the blockade raised
not be imputed 10 him offence. (ortoan, vol 2,
book g. chapter ~
KENT on THE RAISING or BLOCKADE.
Kent agreeing with Sir VIM Scott what constitutes
the raising Of blockade, says that "~le boclade Is
yaied voluntarily, bp superior fire, puts md %
absoitely and 70 all cpersions under a. osd diplomatic
nofoai,on mast cirn dc nouo b5sre b. y,,nccd"
p'BAUTKrEuILLK ON THE RIGHT or BLOCKADE.
On the right Of blockade:d IIauicfcuile says
According 10 primitive law the right a blockade rs
but the right OF sovereignty belonging 10 each pope
upon territory, extending to portion OF the
conquered either from his enemy on shc open sen
Itself In order however that tho begsrent be master
of the place he intends 10 blockade be must hold do.
minon over Us entrances; be must have them IN his
that power There conquest withou, real fosesson
In fact does ccnqueror abandon his prey and
withdraw than he 70 POSSESSION q the por
tn Of the territory belonging his enemy which he bad
fe'zed he 70 be the master. be aDardons the
sovereignty The paoes xst acquired BY torcs return
their former sovereign by the very fact the reiea, u
the Invader This indsputabic truth Ia applicable 10 all
kinds Of conqucss and consequently 70 that Of the terri
tora sea q the enemy.
In order that the belgerent SHOULD have the light TO
dictate laws upon foreign territorial sea- necessary
ns 10 have made the conquest Of that sea- second 10 &C
tusy possess that 10 say he must not only have &C
quired sovereignty a. but he must have preserved
iha, sovereignty To acquire a. the employment of force
and of shpsofwar necessary No sooner than under
any orcumStsnce voluntary or compulsory, the vesse
are WITHDRAWN the oouaucs, ceases and with il the soye
rcgniy and Consequence, the right to dictate laws
or H. establish blockade wemnst say, With Coccelus
"Jus aiuoi dngm ooqu.rrw c,cap1n'i, qaaerns ooca.
pcan In 20 long the occupation of place cxiss 80