New-York daily tribune., 1863-08-04
ArroRSyY-GYSyRAL's OFFiCf

ney.Generat dd interim the substance OF which was
given in THE TRIBUNE a few days since:
ArroRyEY.GKSgRAL's OFFICE, July d. 1862
SIR: have the honor TO scknoweds- the receipt OF yong
the SECRETARY the Treasury United State. Consul
Nassau with the Department, of ate and submitting for ny
opinion the question sugges BY the Consul at Naauvz:
Whether the d.pstchins American vessel to
,rs port In ballast though m ultimate destination as block.
The United States. and which arrests may be made ard
parties in such enterprises be prosecuted ad
The ,ecold section the filth July 1861 cisrer 1876
rupp-s insurecton 20 punish tea'on and Rebellion .
r snd the property Of Rebel aud for other pu
pos. euacss aay person shall hereafter nce set
fos as in rebellion or insnrection aga nat
the authority the United ss,es, the laws thereof
hal give aid or comfort ,hereo sa engage n give aid
and coufor, any such existing rebellion nsuecon,
ent period Of exceeding ten years by
nne exceeding ten thousand dollars and oy the liberation
me1ts attie discretion of the Court
The sc, OF dspaicing American vessel from port Of
th- United States neutral port in ballast with the pnr
pose taxing il at that port sud running the bocAsde
thererom would in my op9ioa bds the person or person:
sectio vessel in the execution Of that purpose
ally the blockade Ihi. would be sn overt act Of assist.
.pce or aid comfort TO the ebeoo, such tie law
prohb. To the conviction OF the person
who Dispatched the vessel would Of coure be essential 10
prove the existence Of the guilty purpose In doing
em opinion that the ac, o. dspa,ehing Amei
can vessel TO uedra pofi, IN ballast With tie asccrs.red
.le theretou would subject the person persons s.
patching the penalties OF this law IT, n and
I'm toe hock sde but the attempt csptared otne
wi.o prevented from 80 doing by blacsaens y-.ssL
lean neutral port in ballast for the PuFpo'e Of
running the blockade iheIsom not followed by a. actual
running or attempt the blockade woGd OF Itself
,i.ate an ofense within and punishable BY our erinsl
statutes deserves careful consideration. The second section
of the 1,h VI July leo! provides eompehsGsvey
enough io te punishment the oen,e OF actually melting
setting o. assisting engaging In Tebelioa of in'Gec
sis i or comfort existing rebellion ilsgrecou,
but include the class of acts hich while doue With
do these things do not OF theeyss aunount TO
sua assan aid aud comfort to the rebellion or instr.
rection. -. ,,.,,
American port Of the United States TO ueutl
port ballast with the ssesained purpose OF there taxing
In cargo the BIZ ck4de Of Itself amounts to ac,nn assist
sn.o comfort to the rebellion within tue istue.
ihnk does for this such vessel started from an
opinion be sub 10 lawful capture prs Of var from the
noneu, she lsi that port 1t we.ettled principle 10
break bocAsde is deemed sufficient breach TO suthorEe
condcatou From that moment the blockade frsudulenty
20 tho distance betweeu the port OF departure and the boc6
sded po the extent Of the voyage performed Phil
3s 400 and cited Cranch 3is-9 ID 40 Story J
Whether neutral vessel proceeding from neetfa pOrt
another neutral port with intent there 70 take Ia cssc
aud thence TO the blockade Is isbe to capture and
before he reaches the port at which she TO
her /. s not necessary now 70 decide although
from tie angusse of Lord stowel in ihe |9ngs Psfer
Rob ss) infer that his opinion. But however
this NAV he dn asserts In that case that subject
throSh neutral county they liable to capture and
cond.nuati For as he says, without the license OF
c",T'.d an with ,he eaemy The position Of
prior port maAcs differences; all trsde with the enemy
illegal and the Circumstance that the goods arc TO 80 hse
10 neutral port will make II LAWFUL or course, the
goods ship such venture may be condemned vessel
stated part Of the b aiding couny with the intent
TO tsAe In neutral port aud fro tence run tho
thus hold c intercourse with the enemy,
equally guilty and liable 90 capture and eonueinstion
H. then American vesse. ltatns from an American
port in ballast with such purpose be awful pnss ofwn:
IL follows that the time OF her departure Tor ths neutral
po.t IL Ia as much OF cruisers to capture her
actual entering the Dockaacd port with ful cargo.
~. .l. sha
sons who dispatched her on her guilty. errand became liable
IN, penalties second section VI the act OF l1th July,
1862 vessel they have started 10 in such
po.top impose our cruisers the duty Of aestine
h by her capture then persons have
and assisted the Rebellion by adding duseS
Of our cruisers OF pursuing and which
yoy their withdrawal for the time othse
IL would be illustrate
rety OF the effective assistance which might be
ered to the Rebellion by the OF dsps,chng vessels,
ia ballast to neutral pors with the ultimate purpose Of run.
ming the blockade
The right and consequent duty Of capturing such vesss
of coast before they reach the intermediate neutral
Nigh well give much employ 10 our navy To
diminish Its effectiveness elsewhere require consieia
Bile addition to its force To create this necessity woua
contemplation of law be to assist and give aid and comote
the Rebellion In form only less aggravated than she
htiiOg out OF vessels owar for Rebel use Ana oi ns
oense within the terms of the statute have ceo VIC
persons guilty, In my opinion who dspach american ves
scls IN ballast, from our ports win 's .S.nc ~ , 80
ports and after there taking In cargo itou .no
blockade The unlawful purpose being estsohshcd the
oense committed whenever the vsssi hs nave started
on her voyage whether be q. tns
or bs after lett or before she has reaches
sD' ' wy TITAN j. COFFEY,
Attorney General ad tafsftsk
The Hon. VIZ. h sxvASD, Secretary sf ssss~