New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1865-09-01
English Claims Against the United
States.
THE ADVANCE OF THE CHOLERA.
A Curious Mexican Document.
British Claims Upon the American Gov.
eminent.

in the United States is taken from The SOLICITORS Jour
nal of August 1865. The article is from ihe pen OF
Henry g. Coote esq, of Doctors Commons: During
the last sitting Of the last Parliament, the British public
became assured of the fact that claims 10 very great
amount bad been made and were urged upon fhe Gov
eminent OF this country for losses Of American citizens
arising from captures by Confederate cruisers lifted
out in English ports We do not propose to discuss
whether these claims have any foundation in law but
assuming that they sustanabe, will show thas
on this sdeof the Atlantic there exist claims of British
shpowners and merchants against the Government Of
the States far exceeding in amount, and sustain
able at law though apresent in abeyance through the
| supineness of the home Government.
The claims to which address ourselves arise oct Of
the American blockade. The real character of this
blockade has been throughout misunderstood by some,
and willfuy misrepresented by others. 1t has been
assumed asserted to have been, blockade governed
Xno5 American law Which formerly prev allied. This
however, not so. The Presidents proclamation,
under which the blockade declared made and pub
/ lished new law as between this country aud the
States. As being new law, 1t was necessarily re-
taxation Of Of the harsher principles OF the oldlaw
for whole nothing could ever have been contriyei
more entirely in the interest OF begerens than the
principles which formerly regulated blockades and
their consequences. This may be easily illustrated ny
the old law vessel sailing from England with
tho intention OF going TO blockaded port, might
be lawfully captured by the bellgerent who i'm.
posed and maintained the blockade. If she were
taken at the outset Off voyage within nan OF our
own coast provided Of course, she had gone that dis
lance which nations have agreed 10 be the line separat
ting territory from From the moment says Lord
Sowel Of (neutra vessel quitting (neutraD portion
hostile destination. the ofense Is complete and Is
not necessary wait until the goods are actually en-
deayoring TO enter the enemy's port (ImHe, KIDD.
p. 1857. Again II the same vessel succeeded IN her
intention BY safely arriving at the bockaded port
and there discharged her cargo. anc aferward feit,
she might be lawfully captured by the beihgerent
anywhere in blue water for both or either OF two
oenses viz for having broke the blockade IN the an
terror part Of her voyage by entering the tockaded
port and also for thus escaping from 1t OteIEderi
Rob D. les and JlTror Maria Rob. p l53) and this
dect adhered to her until the termination Of her voy
age aud her arrival at home. Throughout the in.
termediate period she was continuously liable to
the offense which had rendered her liable 10 lawful
capture No predatory notice required by the law.
The neutral was swooped upon by the begerent with
This was the precise state of the law anterioriy to
the relaxation Of which shall speak. Such law
listed in all its rgor both for and against America.
But being law which was peculiarly the property
and privilege of beigerent twas enforceable against
neuras to that extent of its principles only to which
the belgerent had shown his adherence The possess
sion Of right does necessitate either its retention
its application. Any State equally as any individual
has the power to abandon right or privilege though
II is not. Of course in the legal power OF state any
than il is not in the legal power OF an individual
10 extend enlarge right or privilege The right
10 put this old law into practice bad devoved upon the
American Government at the outbreak Of their late
domestic war and it fully privileged 10 use this
right against the neutrals OF Europe.
The American Government, however without the
least delay after the Of its internal hos
Titles thought fit to exercise that other right which.
dviduas 1t abandoned toward neutrals the harshest
part Of the old law-that very portion OF 1t when had
oft of old. converted neutral INTO an antagonls
proclamation, establishing Untr dId) blockade ana
regulating the proceedings Of the vessels by which the
blockade would be maintained. In this proclamation
the late President saws: For this purpose o. the
blockade "a competent force will be posted so as to
prevent entrance and exit Of vessels from the ports
aforesaid H. therefore. with view to violate sueh
blockade a vessel shall approach or shall attempt TO
leave either (e) OF the said pofts she VIII be duly
warned by the Commander of one OF the ooekadng yes
sells who will ndOrse her register the fact and date
~ such warming and II the same vessel shall again At
tempt to inter leave the blockaded port she will be
captured and sent 10 the nearest CONVENIENT port or
such proceedings against her ana her cargo as P1e
as may be 1eeaed advisable -, -.
which The American Executive abandoned the o9 prae
tice OF blockade Nothing also, could be more ioimai
than the mode in which the abandonment was maze,
for the proclamation afterward duly notiea 10 inc
English Administration; ana, IN Order tlas Snsio
bnnd be "a mistake about its meaning, the TWO Tenuy
Goyernrs t. By their Ministers discussed ana nnsiiy
settled ls true import and intention ,,
On the 27th April 1861. Mr. Seward communieateu
several urlnted copies of the proclamation 10 Lord
Lyons. who in turn. transmitted to LORD haSsen Two
of those copies OF Mr. sewards hote. n9 v.Tl
Lord LYONS and its contents were received oy Loid
PDsSeIl'on the tth of May, le6l, and the pToclama
ton Itself was shortly afteward gazetted The matter
did not rest here. On the I'd OK May, IeoI, Loru
Iv,ps addressed to Lord Russell a letter IN which,
fter mentioning (fr ALA that he mad had long con-
yersation with M Seward on tne rsth Oh apIi leoi.
~
90 ,vbich drew Mr. Stewards attention, was the e1.
,o,,n vacneness of the information which was given
ma referred him TO the notifications OF bockades
made by Great Britain during the late war win hus
ala and pointed out to him the care and precision with
which every particular stated in them. | asked
whether il was intended 10 issue similar notices Tor
each Southern port soon rs the actual blockade OF
should commence The reply which 1 received was
mat the practice Of the United States not TO issue
such notices but 70 notify the blockade individually 10
each vessel approaching the blOckaded port and to In
scribe memorandum of tie notice having been given
ON the ships papers No vessel liable 10 seizure
which had not been individually warned. This pan
had | was assured been found 10 be in practice inc
most convenient and the farest 10 all parties. tne
fact Of there being bockadng vessels present 10 Ee
the warning the best notice ana pest pIo" 'na'
the port virtually and e1ectuaiy D!ocsaueu ;u;
In all this therefore there was delned anu Inteui-
cible relaxation OF the old law. The proclamation
made the law stand thus: Notice was 10 De gwen Dy
the belligerent 10 the neutral vessel "aihus me- NV
TO perseyere in her illegal destination II sne IeJec.eu
that notice and prosecuted that destnatlon ts per
sis,ence connleI with the notice, created dehet
which did not anterorly exist, and when could not
h axstaj ritbout them The neutral was 10 be en-
titled the warning noIe o mh ie S 80 "a ne
course whether she were 600 or o. or SIX niles on the
kit ,5oJ nnrt whether she sighted the wooded prom
ontory of Mount Edgecombe or approached the low
sbres of Charleston and until this notice should De
~ The belgerent in her own territorial waters
The right of the Americans TO abandon or relax
orivilege being rrefTagble 1t Is equally clear tbat
after public and formal notification OF abandonment
or relaxation the right affected thereby could not De
resumed except upon an equally pubic ana iofinsi
notification of the resumption. No such Resumption;
however made All captures, therefore ehscteu
without the previous notice OF the DenlgeIeu au
sistence of the neutral, were Illegal ana ~ @ ifs
ignoring the proclamation prr
provisions were invocahle contrary 70 nN' aJe
Of captures OF English vessels and nelr 10 law arc
under circumstances which in this view o. that as