The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1865-10-26
was afterwards completed a, Wilmington port Of the


Victor afterwards the Rapahannock forced TO take
refuge NJ Calais in order TO avoid seizure, and I'll inc
close ol tn never appeared on the seas.
That il is not enough TO say that the Foreign Enlist
ment act might have been amended and made more eth
cent, unless il be shown that the amendments suggested
would have been clearly efficient, and would have been
consistent with the laws OF a free country.
That nothing bat the most extensive employment OF
spies and normes and the most arbitrary powers OF de-
ten.ion and seizure the most vague ana slight ss
ciop, could have prevented British American mer-
chant IN combination with confederate enemy of the
United States from sending unarmed ship to distant
neutral waters from sending to the same waters,
cruiser against the commerce OF the United States
That the Shenandoah was despatched and armed in
this manner
her Macsty's government OF failure in the performance
OF their international obligations during the four years OF
civil war, and consequently no valid claim can be made
FOR PREPARATION and indemnhcaiion. M
with respect to your allegation that the concession OF
beigeren rights to the confederates was 'precp,ate
and unprecedented answer both epithets by saying,
hrst that declaration followed and did not precede,
your own declaration OF the intended blockade of six or
seven considerable ports and the declaration of an nten
ton the part of the Confederaes issue letters OF
marquee and secondly that sudden insurrecton of such
magnitude being unprecedented, recognition Of its
tstence Uds necessarily iketoise unprecedented.
AMERICAN LEGAL PRECEDENTs.
But let me refer for short time both to the law laid
by your courts on this subject and the state OF
facts as shown by official documents The Judgment Of
the Supreme Court of the United States, given in
1882 lBlack's Reports, Supreme Court vol. il, PIP.
666670 lays with equal sense and learning the fol
lowing propositions
The right OF prize capture has origin in the jus beu
and % and adgdged under the law Of nations To
sn seas must exist dc % and the neutral n I
parties begerent to use mode coercion against port
s is pe G ar ma
Be as
sovereign states. may eais. when Of the be-
s f Mn sh S As n such
its number power and Organization s Of The
hold
ess of Save
menced hosties against the former sovereign, the world
civil The
il produces nation Independent parties
slider each other as enemies and acknowledge no common
considered constituting at least fora time two separate
70 Judge between them, they stand In precsey the sae
predicament two nations who engage in contest and
Asa eyi war is never publicly proclaimed, nomi,s,
history Which he court is bound 70 notice ana to
Ds the ne test Of Its as the writ
u stated When the regular justice Interrupted
kept opens civil war exists and Sostes
I ra % sne%es as the
BY the constitution Congress alone has the power de-
naser Of States sn By virtue
the whole executive lie is bound to take
mat The laws be faithfully executed
the militia Of the States when called into the actual
ne as no nm or 70 s Ge
State But by the acts Of Congress of the 18th February,
militia and use the military and naval forces Of the United
nsurrecton against the government Of State of the United
war by invasion of foreign nation the Pre-
sdsnt + not only authorize but bound resist force BY
v Ana whs,hss the hostile party & foreign invader
hGSsh e dee Of be not hs ezra Lord Swe
count Tor exist without declaration either
side IT'S 50 laid down by the best writers the law OF
A of FRY only
mere challenge TO be accepted or refused at pleasure by the
This greatest Of civil lily developed by
popn assemblies or local uno
sous conception sprung forth suddenly from
ss a NO 6 FIX could Change ne
s: BY
nations Foreign u~!sns seiaowedge By
ton OF neutrality The condition of neutrality cannot exist
3ss sf'Ps ' ssss y
existence O. civ war between Spain and her colonies and
the parties Each party is therefore deemed by us bel
geent nation having so far concerns the sovereign
The Law Of nations is also called nature; is
world Il contains no such anomalous doctrine
as that which this court are now for the first time desired
lion against their sovereign expelled her courts established
meacei hoses are not enemies because they are traitors
ana msr es n On ss by order to
whether the President, ia fulfilling his duties a. com
mander n-chief in suppres.ng insurrecon has met
with such armed hostile resistance and civil Of such
the character Of begcrents question 10 be decided by
acts Of the political the 70 which
o e. Re ss - What dse
Itself Official and conclusive evidence to the court that state
70 such measure under the circumstances peculiar 70 the
WHY THE ENGLISH GOVERNMENT RECOGNIZED THE
The course of her Msiesiys government followed the
course of events In America.
appears by the hines Of Sd Of May, 1861 that stated
IN the House OF Commons ON tho preceding day I'D
Mayl-Her Majeays goparmew heard ne other day that
to day se kaSe a"a,d dat = e in,snag m@1e ssan o.
sseckade ?f all he ports ofthe Southern Sdtes. y
On the 9th n Nay stated in the House Of Commons
the intention OF the government formed after due deli
ration TO recognie ne Souttr,s States az beiiigercn
On the 10th OF May received a despatch from Lord
Lyons making the following annonncement;-"I have
the honor TO enclose copies OF proclamation OF the Pre-
sident OF the Southern conederacy inviting application
sdent Of the United States declaring hat the yon,eyn
pripo'ees ,iu be treated as piraes and announcing
blockade OF the Southern ports"
Thereapon the intention OF her Maestys government
previously announced was carried into effect, and the
proclamation Of the 18th Of May, 1851, was issued.
IL Is very remarkable that En- lish schooner the
Tropic Queen, was captured for breach Of bio kade
consisting in tho act Of adng her cargo 18th and
The on in this committed on the very day
that the Queen acknowledged the existence OF civil war
The court Ia giving Judgment referred the
facts OF the secession Of the Southern States pro
ceeded thus
''rhese facts as set forth by the President with the
assertion OF the right OF blockade, to declare
tion that civil exists blockade itself Il bclligc-
rent right, and can only legally have place in q
war &C
What you contend for, imagine both TO commence.
ment Of the and as 90 IT'S close, is that ne Unifed
States Of dmericd hod aH ciaa 10 srccie al s r,ghs
of betg.rens tm that Gredt Britain had jot Noin h
else any Of me rigtfs ~ Hct'Tais
This position however, Great Britain never permit
REcOGsiTIoNs ny TEE UNITED STATES.
Recognitions by the United states Of bcgcren rights
belonging to insurgents have been frcqueni BuenOs
Ayres tolomba, Mexico have been acknowledged by the
United States TO have hcllger,nt rights against spain;
Brazil aud Artgas against Portugal Texas against Mcy
CO. hut IN no case have these nsiraent Tor e. sprung
W at once fully armed to the amount Of 50ooooo Of
men