The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1869-04-19

| ~
nothing short of overruling necessity
War can not be justified merely on 6
| technicality, nor can the concession O
| ocean belligerency to rebels without 6
port or prize court. Such q concession
like war itself, must be al the peril O.
the nation making it. The British as.
sumption, besides being offensive from
mere technicality, is inconsistent will
the proclamation of the President
taken as whole, which, while appoint
ing a blockade, is careful to reserve
the rights of sovereignty, thus
putting foreign Powers on their guard
against any premature concession. AT
ter declaring an existing instruction
in certain States, and the obstruction Of
nue., as the motive for action, the Pres
ident invokes not only the law of ma
| tions, but the claws of the United
States" and, in further assertion of the
national sovereignty, declares rebel
cruisers TO be pirates. Clearly the pro.
clamation must be taken as a whole,
and its different provisions SO interpre-
ted as to harmonic with each other.
If they can not stand together, then il
is the BLOCKADE" which must be mod.
flied by the national sovereignty and
not the national sovereignty by the
blockade. Such should have been the
Interpretation of a friendly Power, es-
are numerous presidents of what the
great German authority, Heller, calls
pacific blockade or blockade without
concession of ocean belligerency. as i'll
the case OF France. England and Russia
against Turkey, 1927; France against
Mexico, 1878 France and Great Brit
ain against the Argentine Republic,
1S3S-4S; Russia against the Circassians.
1885,, illustrated by the seizure of the
Vixen, so famous In diplomatic history,
(Hautefeuille des Droits ct des Devoirs
des Neutres.) Cases like these led Hetf'
Ter to lay down the rule that blockade
does not necessarily constitute state
of regular war, (Droit international.
Sec. 112, 12l,) as was assumed by the
British OBSERVATION-DISCLOSURES in the face
OF positive words by President Lincoln
asserting the national sovereignty, and
appealing to the claws OF the United
States" The existence of such cases
was like notice to the British Govern
ment against the concession SO rashly
made. 1t was an all-sufficient warning,
which this Power disregarded. So far
as is now known, the whole case for
England Is made to stand on the use OF
the word "blOckade" by President Lin
coin. Had he used any other word the
concession of belligerency would have
been without justification, even such as
is now imagined. 1t was this word
which, with magical might, opened the
gates TO all those beautiful supplies by
which the hostile expeditions were
equipped against the United States. 1t
opened the gates of war. Most appal!
ing is it to think that one little word,
unconsCiously used by trusting Fres~
ident, could be caught up by friendly
Power and made to play such part.
may add that there is one other word
often invoked for apology. 1t is "neutra.
Hty," which, it is said, was proclaimed
between two belligerents. Nothing
could be fairer, always provided that
the "neutrality" proclaimed did not
begin with a concession to one party.
without which this party would be
powerless. Between two established
nations both independent, as between
Russia and France, there may be neu-
trality; for the two are already equal
in rights, aud the proclamation WonId
be precisely equal in its operation. But
where one party is an established
nation and the other is nothing but an
odious combination of rebels. the proc
lamation is most unequal in operation !
for it begins by n solemn investiture OF
rebels with all the rights of war-say-
ing to them as was once said TO the
youthful knight, "Rise here is IA sword;
use it.'
To call such an invostiture procln-
nation of neutrality is Il misnomer. 1t
WAS proclamation of equality between
the National Government on the one
side and rebels on the other, ana no
plausible word can obscure this distlnc-
tive character.
Then came the building of The pirate
ships, one after another. While the
Alabama was still in the ship-yard it
became apparent that she was intended
for the rebels. Our Minister Mt London,
and our Consul at Liverpool, eXerted
themselves for her arrest and detention.
They were put of from Day 70 DAY. IN
the oath of July, 1862, Mr.. Adams COM
pleted his evidence, accompanied Dyan
0pinion from the eminent barrister, MIR.
Collier. afterwards Solicitor General,
declaring the plain duty OF the British
Government to stop her. Instead or
acting promptly by the telegraph, hVe
DAYS were allowed to run out, when at
last. TOO tardily, the necessary order
was dispatched. Meanwhile the pirate
shin ESCAPED from the port OF Liverpool
nv a stratagem, and her voyage began
with music and frolic. Here, beyond
all question, was negligence, or accord-
ing 10 the language OF Lord Brougham
on another occasion, "gross negligence"
making, England justly responsible for
all that ensued. The pirate ship found
refuge in an obscure harbor of Wales,
known as Moelfra Bay, where
she lay III British waters from
half past 7 O'Clock. P. NJ, July 30,
81, being upward of thirty. six hours,
and during this time she was supplied
with men from the British stenm-tug
Hercules, which followed her from Ltv-
erDool: These thirty-six hours were al
lowedIo elapse without any attempt to
stop her, Here WAS another stage OF
"pross negligence" Thus was there neg
ligence in allowing the building to pro-
coed, negligence in allowing the escape
from Liverpool, and negligence in al
lowing the final escape from the British
coast. Lord Russell, while trying to
yipdicate his Government and repell-
ing The complains of the United States,
more than once admitted that the es.
cane OF the Alabama was scandal
and reproach," which, to my mind, is
verv like u confession. Language could
not be stronger. Surely such an act
can not be blameless. If damages are
ever awarded to a friendly Power for
injuries received, il is dithcult TO see
where they could be more strenuously
claimed than in a case which the hrst
Minister of the offending Power did not
hesitate to characterize so strongly. Inc
enlistment of the crew was not less OBJ
noxious to censure than the building OF
the ship and her escape. It was a part
Of the transaction. The evidence Is ex-
plfcit. Not to occupy too much Gme,
I refer only to the affidavit OF VIM.
Passmore, who swears that he was en-
gagged with the express understanding
That the ship was ''to fight for the GOV.
eminent of the Confederate States OF
Americas" that he joined her at Laird's
ward at Birkenhead, near Liverpool, re-
maining there several days; that he
| found about thirty old man-of-War s
men on board, among whom 1t was
"well known that she was going out as