The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1863-03-11


n bound BY oath 70 take care that all the laws
cuted, and As can CAN out the militia 10 Aid Hmm
he sUs s0s and r.ps Foreign Re S.s
power 10 initiate and declare but he 10 bound 70 &C
oept t. War whether foreign or domestic may sxist
without declaration, laid down by most writer's on
The law Of nations. A. soon az the attack upon Fort
Sumter and knowledge Of government Of the seeded
States become known In Europe England issued procla
nation OF neutrality This was similarly followed By
other nations after such official recognition BY TO-
reign States they esopped from denying the exist
ence OF war and complaining OF treatment toward
them as neutras They cannot deny tho existence Of
civil war and thus cripple the arm Of the COVER nent
by sophsca definitions Tho law OF nations 10 the COM
mon consent as well AZ the common sense Of the world
Congress had approved and ratified the acts Of the Pre
dent as they legally done previous 70 their legal
zaton Authorities here cited from Chief Justice
Story.
opinion that the President had right jse bclh, 70
proclaim blockade which nentrals were bound 70 OBJ
serve The destruction Of property Is consequence Of
TO be the snews Of The laws OF nations authorize the
cutting OF these by capturing property the high
eeas. Under our very peculiar constitution citizens not
only allegiance to the United but to the State
In which they live hence the people acted as States In rs
70 do SO Is being decided by tho wager Of battle The
boundary between the belligerents marked by bayo
nets south OF the line Is the enemys territory The pro
camation 0! the blockade is according ~ the law Of
tons The cargo must share the fate OF the vessel In
of violation.
Associate .astce Nelson delivered dissenting opinion
Aicr stating the crcums anoes Of the case Of the British
ship IIiawatha which delayed for want OF tug at
City Point after the fifteen days notice given by the
proclamation Of the blockade he said that the vessel had
no intention OF breaking the blockade, and from the fcts
in the case tho seizure not warranted. Another
ground OF objection the entitled TO warning
according to the terms OF the proclamation According
TO the proclamation neutral ships were entitled
ing. and could be legally seized only on the second
attempt TO enter or leave a port After dis
cussng these points Judge Nelson said, q law
cannot be lawfully commenced without an act Of Con
gross, II Is equivalent TO mos. solemn declaration. The
right Of making war belongs to the supreme or sovereign
power Of State, regulated by the fundamental laws OF
nation. y our TINS power lodged 10 SSn
would become OF tie peace and integrity OF the country
the power could not be exYcised until ,hs setifga
stood this question He then quoted the laws authorizing
the President to call out the militia, and using so
much q w land and naval forces as may be neces-
sAry " suppress the Instruction, 10 repel foreign
Invasion. There ample provision in such cases during
the recess Of Congress THIS is an exercise or the power
the law Of nations In further argument be said Congress
passed law connrmnsall the Presidents acts af!A the
s Cd a this ntS effect
civil but admitting the full weight Of this affords
no grounds Of justification These acts were constitution
ally void No subsequent ratification can make them
valid After the most careful consideration Of this ques
tion, there be civil between this government
and the States until it Is recognized by act Of
Csngross OF July 49, 1861 The President does not pos
power under the constitution TO declare war or re-
cognize Its existence under tho constitution Changing the
condition Of the country from peace to war belongs TO
Congress- and consequently no other power can set on
foot a blockade under the law Of nations. Hence the
void and hence the DEGREES OF condemnation should be
reversed, and vessels and cargoes restored.
Chief Justice fancy and Clifford and Catron
joined Judge Nelson in this dissenting opinion.
Application was made today by Of the counsel in
the FOR sight of the opinion OF the majority; but
not at the Clerks office, and it Ia stated that will be
published paper This is represented TO
be unprecedented.
1t is stated that the annual income Of tho Amaden
quicksilver mine Is a million Of dollars.
THE CIVIL APPROPRIATION ACT.
The following items included in the Civil AppropriA-
tion act
For the Mississippi squadron building, repairs, equip
ment and machinery, s., 500 goo.
Increase on the cost Of materials $3.50 900
Completion OF the clad vessels, 81, 100000
For the contingent fund OF the Bureau Of Yards and
Docks for 1923 $500, 900.
For deficiencies Of appropriation in the Navy Depart
for the fiscal year ending aoth Juno, 1862 az fol
lows
For increase and repairs Of the navy, completion OF
side wheel steamers, hulls, equipments and machinery
81, 500 900.
Completion Of screw steamers, huls, equipments and
machinery, 81 500 600
The purchase Of large steamers, 81 600 900.
The purchase OF small and tugboats $3.50 900
For repairs Of steam machinery, 81 $50 900.
For nsttutng and conducting experiments for testing
various methods Of working steam expansively, $40 600
LORD LYONS AND rue coSsCRrprros BILL.
II is reported here that Lord Lyons has referred the
question OF drafting foreigners who have only taken out
their first papers the British government for proper
decision thereupon.
THE PRINCE or WALES WEDDING DINNER At THU
BRITISH EMBASSY.
II Is understood that tho dinner given by Lord Lyons
to day, in honor Of the marriage Of the Prince OF
Wales, was a very brilliant affair. The sentiments ex-
pressed towards government the occasion by
the distinguished guests OF the cordial charac
ter Lord Lyons who accompanied the young Prince on
his the principal cities Of the United States has
a high appreciation Of his talents and virtues.
BRIDAL PAKTY TO VISIT THE ARMY.
Tomorrow very gay bridal party Will visit tho army
celebrate the nupiias d New Jersey officer. Ten
bridesmaids with grooms 70 match. will form portion
OF the company.
TIE VIRGINIA ROADS.
The roads in Virginia which day two ago wcro in
toerabc condition, relapsed into coud ion almost
impossible.
GOVERNOR YATES IN WASHINGTON.
Governor Yates, Of Illinois, Is here.