The Athens post. [volume] (Athens, Tenn.) 1848-1917, 1863-01-23


shaped as to cause the greatest injury TO
the Confederacy. and TO confer signal adj
yantages on the United States. The im'
portance of this subject requires some de-
yelopmcnt.
Prior to the year 1889. the principles
regulating this subject were TO be gather
ed from the writings of eminent publicists,
the decisions of admiralty courts, inter
national treaties, aud the usages OF ma
tons. The uncertainty and doubt which
prevailed in reference to the true rules OF
maritime law, in time Of war, resulting
from the dscordant and often conflicting
principles announced from such varied
and independent sources, had become a
grievous evil to mankind, Whether a
blockade was allowable against port not
invested by land as well as by sea; wheth:
er blockade was valid by sea if the in
vesting feet was merely sufficient to rem
der ingress TO the blockaded port "eyi-
IDENTITY dangerous" or whether it was
further required for its legality that it
should be sufficient really to prevent
access" and numerous other similar
questions had remained doubtful and UNI
decided.
Animated by the highly honorable de
sire to put an end ''to differences OF opin-
ion between neutrals and belligerents,
which may occasion serious difficulties and
even conflicts" quote the official Ian
guage, the FIVE great powers of Europe,
together with Sardinia and Turkey, adopt
ed, in 1856, the following solemn decla-
ration" OF principles: SSki
/. Privateering Is, and remains abel
ished.
2. The neutral flag covers enemy's
goods, with the exception Of contraband
of war
8. Neutral goods, with the exception
of contraband of war, are not liable TO
capture under enemy's flag.
4. Blockadcs, in order to be binding,
must be effective; that is to say, main
Gained by force sufficient really to pre-
vent access TO the coast of the enemy.
Not only did this solemn declaration
announce 10 the world the principles to
which the signing powers agreed to con-
form in future wars, but it contained a
clause to which those powers gave imme-
date effect, and which provided that the
States, not parties to the Congress Of Par
is, should be invited to accede TO the de-
claration. Under this invitation every
independent State in Europe yielded its
assent; at least, no instance is known to
me of refusal; and the United States,
while declining TO assent to the PROPOSE
ton which prohibited privateering, de.
clared that the three remaining princi-
pies were in entire accordance with their
own views of international law.
No instance is known in history Of the
adoption of rules of public law under cir.
cumstances of like solemniiy, with like
unanimity, and pledging the faith Of ma
tons with a sanctity so peculiar.
When, therefore, this Confederacy was
formed, and when neutral powers while
deferring action on its demand for adj
mission into the family of nations, recog
nzed it as belligerent power, Great
Britain and France made informal propo.
sails about the same time that their own
rights as neutrals should be guaranteed
by our acceding, as belligerents, to the
declaration of principles made by the
Congress of Paris. The request was adj
dressed to our sense Of justce, and there
fore met immediate favorable response in
the resolutions of the Provisional Con
gress Of the 18th August, 1861, by which
all the principles announced by the Con.
gress OF Paris were adopted as the guide
of our conduct daring the war, ~ Ii re
sole exception Of that relative to priva.
teering. AS the right to make use Of
privatecrs was one in which neutrals had,
as to the present war, no interest; as it
was right which the United States had
refused TO abandon and which they re-
NAMED at liberty to employ against us;
it was a right of which we were already
in actual enjoyment, and which we could
not be expected to renounce tdgrdnte bel2o
against an adversary possessing an over
whelming superiority of naval forces, it
was reserved with entire confidence that
neutral nations could not fail to perceive
that Just reason existed for the reserva.
ton. Norwas this confidence misplaced,
for the official documents published by
the British Government, usually called
blue Books" contain the expression Of
the satisfaction of that government with
the conduct of the officials who conduct.
ed successfully the delicate business con-
fided to their charge.
These solemn declarations Of principle,
this implied agreement between the Con.
federacy ahd the two powers just named,
have been suffered to remain imperative
against the menaces and outrages on neu-
trail rights committed by the United Sta.
ties with unceasing and progressing AFRO
gance during the whole period OF the war.
Neutral Europe remained passive when
the United States, with naval force in
sufficient to blockade, effectively, the
coast OF a single State, proclaimed pa
per blockade of thousands Of miles Of
coast, extending from the capes of the
Chesapeake to those Of Florida, and en-
circling the Gulf of Mexico from Key
West to the mouth of the Rio Grande,-
, Compared with this monstrous pretension
Of the United States, the blockades known
in history, under the names Of the Berlin
and Milan DEGREES, and the British orders
in Council in 1906 and 1907, sink into in
significance! Yet those blockades were JUS
tilted by the powers that declared them, on
the sole ground that they we're retaliatory;
vet those blockades have since been con.
demned by the publicists Of those very
powers as violations Of international law;
yet those blockades evoked angry Femon-
s.rances from neutral powers, amongst
which the United States were the most
conspicuous; yet those blockades became
the chief cause of the war between Great
Britain and the United States in 1872
yet those blockades were one Of the prin.
cipal motives that led to the declaration
of the Congress of Paris in 1856, in the
fond hope Of imposing an enduring check
on the very abuse of maritime power,
which is now renewed by the United Sta
ties in 1861 and 1862, under circumstances
and with features Of aggravated wrong
without precedent in history. -. .
The records of our State Department
contain the evidence of the repeated and
formal circumstances made by this gov
eminent to neutral powers against the re-
cognition of this blockade. 1t has been