New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1863-02-05
,oIlnovood was dispatched as soon as possible

Collippwood addressed letter to the
foreign Ccnsuls at Cadiz. TIE Hofnung
sailed from Bordeaux on the 18th Of July
There is therefore no evidence in either of these
cases that n binding blockade accompanied by
legal notification had ever existed, aud as the
distinction between de JaciO blockadeS with and
without notification was not then recognized,
Sir William Scott was only called on to DECIDE
that there was no blockade in the beginning,
and the cases Of tac TriheteD aud the Hoh-
nung would have been disposed of. But he
chooses 70 treat it as n question of the estaD-
Esbmcnt of a blockade by the appearance OF
/ Sir John Orde's fleet, It's interruption by the
attack and renewal b. Colngwood when the
notification of the 23d July was issued, The
decision would have been the same in either
case, but the opinion on the latter state Of
/ facts il uncalled for, is obiicr dictum. and ia
authority only 80 far as Sir VIM. Scots name
makes it so.
Nevertheless, this opinion has been accepted
as law without question by all subsequent
writer's, and Is the basis Of the decision IN
Williams '. Smith, . Gaines, l, the dearest
American case. The lapse of time and the ac-
cumula.oa OF respectable names acqnicscug II
it, souudnes', make il difficult t. disturb r.
authority. The language Of tie decision at all
eye.ts, is broad enough to support the later
opinions above cited. What the Court has
already decided on thc best consideration the
Trlheien easel is, that the raising OF tie
former blockade by superior force TaS
fOial dJtdsGnce Of ha HCchode and us
operations. Whether that il sound opinion
or not. must be left TO the determination
Of the Superior Court; my persuasion is, that
there could not be- u more enectua raising
of the blockade, and that 1t should De re-
neWed again by notification, before iOrcigh IA
tious could be affected with an obligation %
observing it as Il blockade still existing. Under
this view | have already intimatoJ my opinion
that n, mere appearance Of another squadron
,-ouid not restore IL, but flat the same meas
ures would ba necessary for the recommence'
meut that had been required for the original
imposition Of too hlOckade, aud that foreign
merchants vereI9a5f bound 10 act on any pre-
sumption that 1t would be de jacto resumed
In such condition Of the law and au'hor'-
ties. the duty OF Our Government Is PLAN.
Our relations with England AMI france "iI
not admit Of proiracied discussions 90 points
Of international law with the whole weight Of
authority against us. Ii tue flee, blockadl's
Charleston has been driven Oft or its operation
disturbed for single day by Rebel force
temporarily superior. We have nothing 10 40
but t. accept tle fact OF tie interruption 'I
the blockade, 10 consider 1t rs l. su pension,
or. IN the language Of Sir VIM. Scott :" lot il
de'casauce, and accordingly to notify the
world nj once OF Its resumption; M other
words 10 proceed rs # no blockade lad ever
been established, aud the moment 1t IL actu-
ally resumed 10 issue n proclamation tiri-
lar Ia terms 20 that OF Aprd ~, 1901.
We rcrardrd that proclamation rs
H. stake. believing ard repeatedly urging
that ours was not a case for the cr.abls. men;
Of blockade as between bo.igrrut power
but that tie Government should have exercised
It's undolbted right TO c.ose its own ports
and thus have avoided oil questions under the
law of blockade but those sugec stiOns were
uuheedcd. aud The blockade system adopted
and, because II has been adopted should nov
be adhered to aud insisted on and enforced.
We cannot afford 10 raise new questions. Still
less can We afford to leave opportunity for
doubts when my practicable course will re-
move them. Possibly an American Prize Court
would decide that tie renewal of tie blockade
without rc-notiEca;ion would be- legal; but that
viii not answer. Uith notification, lts resump-
ton and effect must be admitted by every
European power. Without it, they may be
disputed, and there is therefore not mo-
ments question az to the expediency of the
notification, and Of compliance with all possible
forms to avoid all possible discussion.
II ought to be added, 10 order to aliay the
popular apprehension which is likely 70 be excited,
that the only questions which can arse under
this misfortune, il it be such, vii relate TO
the adjudication Of prize cese'. Admiral Du-
pont has Il feet Of iron-cads inyiucibe by the
whole Rebel navy, and with or without them,
has undoubtedly, days before this, re.esablished
the blockade if it Las ever been broken. We
do not hear whether any vessels lying IN
Charleston harbor seized the opportunity to
escape but if noi the Rebel exploit can have
but one effect. Ii the news which went TO
Europe by yesterdays steamer Is believed,
European vessels may DO dispatched on the
strength OF it for the port OF Charles.
ton. When they arrive, they will
End the entrance barred by bockading
feet. There is no shadow Of pretcnso that
they will have or can have tho right 10 enter