The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1863-06-09


rhs s~s~~s rrsss ossss An Key wsst--
fspssssss D<osssess.
We PssisA n sedsys fIxnAls tee cpisioas
Isr'y delivered ~ Jsdxs Marvin. 81 KY
seS n 10 ess~s a. NE nrsts>A sssassces d.
ph,a ssf feSi Boa these vessels were cap
tarsd On tbe wy from Liverpool 10 NassAr.
~~s1~~ tssh ssafv~ ., 90 Latte. ,ost NJ VIM
10 1900 sbss M Deiph,s lie. been condemned.
Ans tssf GO clsimSrts hsvs been permitted "
introsue- further proof IN TIE c.-e Of The Pearl
rhs tssrsnos betwses tAs two cas-. il thls:
In Ne cs~s ~ he Dolpbia tbs evidence -sows
sieSiy that. tboasa u nsy bsss bsss intended
that ths vs~-~i sSosls touch "a Nassau. her
voyage ws really sos''aBoss one from Iiv,v.
pool - CAsissioD o. sose oae Of The biloxi
asef P,st- Her cargo wA~ no, ., be lsnac6 a
Nss-sn n snyshiss ~ss 5ose there moro
goods rere ., Ne pa an instead Of any being
tsses 30 A tbos~aas mU.ksts sss oesplc q
thss-snt cavalry swords rsra fo,nd among
m cargo In cs~.. tBDsososiy Married {" hard
-sre" "a. fexl - owned by Mr.. George
Wig. Oh, bss ssrsof,re sslrcd IN our psixs
courts. bu, ia rais c~ss Il Is not 30 clear that
tie ve.ssl ps- not ~ NNssaa 10 DO all tho~s
thing. ~bich a vessel usually does wbea shs
esds ore voyage ant commences another 8hs
had In n The time Of capture no cargo, exosps
lev ssiiors' isekrts vbich mar or may wos
have been is,endsd 70 be landed al that pssS
Before she attempted 10 vfcls.. tb~ blocksAs
shs would have taken in cargo and obtsisel
papers. Invoices. &c. q. Tor q new voyage
That ti~ decisios in the csss Of the Doiphia
10 sound Lac there can be no dsubs 81 sii.
The decisions o. eli prizs courts FOR hun
dred- OF years sustain II. A vesssa
sailing with sn intention 10 violate .
legally existing blockade will not he protect
ed BY the fact that she intends 10 cat her voyage
up into two or more parts by stopping st inter
mediate ports. She may chsnge bar intention
at the intermediate port. and never ectualiy in
wade the blockade. So. Judge Marvin aug
ges,s. she may change her intention in tbs
middle OF the ocean; and II she really does ~.
and commences . new voyage 10 port 30 which
she may lawfully trade. the original offence 10
condonatcd and deposited there in the middle
Of the ocean; but the change OF intention mast
be proved and made clear. II. however. tho
intention to break The blockade exists at the
time Of capture, neither the proposed inferno
Aiate port. nor the change tina, nigh, have como
over the spirit OF her dream there. will be-
shield against condemnation
Though the case Of the Pearl hA. not bsss
decided. and the claimants are permitted 10
introduce further proof 90 clear mp suspicious
circumstances, IL possible. Il will be seen that
q broader opinion Of the law 81 blockade il inti
In al al. Al T..
demnation OF the Dolphin. The rule OF law m,g.
gested is. that IL vessel j. going 10 convenient
port with the settled intention and purpose OF
then commencing series Of voyages in violation
Of bellgerent rights the precise position In which
the testimony of most Of the Pearls crew places
that vcssel), she Is subject TO capture and oen-
domination before her arrival st she port from
which she intends to make the Illegal voyages
to the enemy's ports. This opinion u eertaialy
founded in justice. We cannot ses that any
hardship can be inflicted by condemnation
under these circumstances that Il not ~
the condemnation Of the Dolphin. In the
olden time Of sailing vessels, when II took
three or five times - long to cross The
Atlantic as at present, the British Court
Of Admiralty sometimes held that vessels
might sail from America with an intention Of
inquiring a. to the existeace Of blockade
before arriving ct the mouth Of the port; but
it was only where the intention 10 respect the
blockade, lift still existed, wsa clearly made
out, shat captured vessels we're ever restored.
No case Of restitution can be cited, no matter
what were the circumstances Of The capture,
swhere wilful intention to break legally sx-
listing blockade was proved against the vessel
We do not write this with any intention TO
spur on our cruisers to rash conduct. We are
glad that our prize courts have the stamina and
courage TO assert the full spirit and letter Of
the law when cases requiring Il are brought
before them: but we doubt, after ali, uotwith.
standing the undoubted soundncss of the decf.
sions we are speaking Of. whether instructions
from the Navy Department to. our cruisers NOT
to capture any vessel sailing between two nea.
trail ports except in the clesrest case OF con.
tinuous voyses 70 an enemy's port) would not
be wise and judicious. Too rigorous an asser.
ton Of the last title Of prize rights may
return some day to plague the inventors. Mode.
ration and irmness judiciously compounded
are the best sedative for foreign bluster.
The cases Of the Dolphin and the Pearl have
excited much comment in the English press
and Parliapent. The opinions we publish will
be read with interest on beth sides Of the
ocean. nr 4. f.t, ,...f, /, -
ANOTHER ATTACK IN THE TnKs UPos Oue
GENERALS AT vIcKsBuEG--A few days ago the
New York Times contained letter from lie cor