The New York herald., 1869-04-15

1
| now applied. IL is with reluctance that eater
/ upon tins statement and 40 &c only In the DIS
oas ehse a, OF GUY u,hreat M@ Of our ,rodc,es as;
I one month after the bombardment OF Fort sumter,
when tne reseon was stid uildsvslopea. @ when me
| efforts whlch ended so funmphantly, the couplry
was startled by the news that the British govern
| ment had interyened by proclamation which ac-
corded bellgeIeRt rights 10 the rebels. At the early
date when his done the rebels were as they
maiiied to the close, without ships on the ocean,
without plZe courts other tribunals Tor the at-
miaslration OF justice on the ocean, without any OF
those conditions which are the essential prereaui-
sizes to such concession; aud yet the concession
Was general beng applicable to the ocean and the
land SO chat by Brush dat they became ocean bel
gefens as well as land belisereats. In the swift
OF tnis besiowa there was very little consldera
uon for friendly Power; nor Goes it appear that
there was any inquiry into those conditions prece-
dent on which it must depend. Ocean belliyerency
beng .'lact," and not principle" can be recog-
according to the rule first stated by Mr.. Canning
aud aiterward recognized by Earl Russell Bat no
such evidence was adduced for IL aid not exist and
never nas existed TOO much stress cannot be laid
upon the rule that belhserency Is "facr and
U Important to o. ts Ps'ud discussion bs niSsa aa
It's original statement, on the occasion OF the
Greek revolution, does honor TO Its author, un,
qucstonably the brightest genius ever directed
TO this subject According TO this rule belllgerency
must pe proved TO exist-it must he shown. IL can
not be nnagined OF OWNED or Invented; it must
exist as ..fact within the knowledge OF tue world
or at least as 'fact" susceptible OF PROOF Nor
n be inferred the merely from It's existence
ON the land. From the beginning, when God called
the dry land earth and the gathering Of the waters
called He seas, the two have been separate and the
power over one has not necessarily implied power
The other. There IS q dominion OF the land and
dominion Of the ocean. But whatever power tnc
out power on the ocean. Admitting that they
beigerents Oh the iand they were never beligerents
Oh lie ocean.
The oak leviashans whosehuge ribs make
q orS Ssy y hss and Ias asis9 aan os r;s
these they never possessed. Such was the "faet"
that must govern the present question. The rule.
SO simple, plain and ntelhgibie. as stated by Mr..
cession, which, when brought to IL, Is found to be
without support. Unfriendly In the precipitancy
more unfriendy in substance. 1t was the first
stage in the depredations commerce. Had it
not been made no rebel ship could have been built
In England. Every step IN her building would
have been piracy. Nor could any munitions OF war
have been furnished. The direct consequence
OF this concession was to place the rebels on an
equality with ourselves in all British markets.
whether Of ships or munitions OF war; AS these
open 10 the rebels. The asserted neutrality between
tie TWO began by this tremendous concession, when
rebels at one stroke were transformed not only into
bellgerents but into customers
In attributing to that bad proclamation this
law lords Of England who, according to the au-
thentic report announced that without 1t the fitting
out Of snip IN England 70 & cruise against tle
This conclu ION was clearly stated by Lord Chelms
ford, exChancellor, speaking fr hlmsell and 9th
had not been recognized beitiyeye1it POJcei, he
agreed with his noble and learned friend Qord |
Broughaml that under these circumstances, II any
Englishman were to tit privateer Tor the pur-
pose OF assisting the southern States against the
Norhern States, ne would be guilty OF piracy" THIS
CONCLUSION is only according to analoges OF law. 1t
criminal Tor Brush subjects to forge bombs or hand
grenades to be employed in the ASSASSINATION |
OF a foreign sovereign at peace with Eng |
land as when Bernard supplied from Eng |
land the the missiles Tssnc, @sed BY 0rsn against
which is illustrated By Lord Chief Justice Campbell
In his charge TO tae jury on the trial OF Bernard and
also by cOntemporaneouS opinions or Lord lynd- |
hurst, Lore Brougham Lord Truro and at an earlier
day 10y Lord ElienborO IN case OF Libel on the |
First consul. That excellent authority, Sir George
Cornwall Lewis, gives summary drawn from all |
these opinions, wnen he says--"lhe obligation ln-
cumbent upon STATE OF preventing her SOL from |
being used as an arsenal in which the means OF |
attack against a foreign government may be co..
leced and prepared for use IS wholly independent OF
the form aud character OF that government" Ton
Extradtlon, page T5.l As every goTernment Is con-
strained by tnis rule. SO eveTy government Is |
entitled 10 ITS safeguards. There can be no reason
why the life OF republic should be less sacred |
than the lie OF an emperor or should enjoy less pro-
lection from British law That England became an
''arsenal for the rebels know but this could not
have been unless the proclamation had prepared
The only justification that have heard for this
extraordinary concession, which unleashed upon
country the furies OF foreign war 10 commingle
with the furies OF rebellion at home, Is that Prcsi
dent Lincoln undertook TO proc aim blockade Of
the rebel ports. BY the use OF this word blockade"
proclaimed a closing OF the rebel ports there
could nave been suci concession. THIS Is a mere
and yet Oh this sharp point England hangs her de-
fence. ii Is sufficient that In great case like the
present, where the correiatiye duties OF friendly
Power In question, act fraught with such por-
tentous evil cannot De vindlcated on teclincaty.
@ aeea' we must ook o AZ e SUI subanee sna
a reason 81 notnlns short oi oyerrulng neces- |
sity war ca,n,at be justified merely On a
- Seiiiecrcncy to rebels withou: . port or prize
court. Such concession, Ike .As i'sem'
must be at the peril OF the nation making -
The British assumption, besides being Offensive 1
from mere techncaty, IL inconsistent with tue pro-
clamation OF the President taken as whole, which,
while appointing blockade, Is carefat 10 reserve
the rights OF sovereignty thus putting foreign Powers
on their guard against any premature CONCESSION.
After declaring an existing nsurrecnon In certain
and the obstruction CT tie laws for the col-
lection OF the revenue as the motive Tor acton the
President inyokes not only the law OF na,ions,
but the claws OF the United State5,n aud,
In further assertion OF the national SOW
erelgnty declares rebel cruisers to be pirates.
Clearlg the proclamation must he taken rs . whole
and is different proyis erp Teed as 70 har
monize with each other. III they cannot stand To-
gether then II Is the 'DocAade wnch nuSt De loii,
led by the national sovereignty and not the national
sovereignty 10y the blockade. such should have
been tue Interpretation OF friendly Power espe-
prccedents OF what tue great German authority,
heifter. calls '.pactiic oloc.ade, Or blockaae
wi'itI W. thc case OF France, England aud Russia
ara,nst turkey, 1s21; rfanec against ..exico,
ISs5-g: france and 0reas .'...s.n against tie
Argentine repuDlic i3ss-Js; Russia against the CIR
casslans 1S5I-yG illustrated by the seizure Of tie
Vixen so famous IN diplomatic history t''!iaute-
feuilie des Droits ct des Deyor3 des Neutres."J
Cases ike these led Hcer 10 lay down the rule that
i'bockade' does not necessarily constitute state
| OF regular war tDrot internaronaL sections ll2,
| I'LL as was assumed by the British proclamation,
even face Of ~ si;Ive words by President La
coin asserting the national sovereignty and appeal
ing 10 the laws OF the United St9tes.n The exiS
ence OF such cases was like notice TO the British
government against tlo concession SO rashly male.
| IL was an all-suficent warning, which th,s Power
| dlsregardel.
So lar as Is now known the whole case for ENGLAND
IL mace nd OF the word ''DiOc Sadch
| by President Lincoln HAD he used any other word
| the concession OF bciligerency would have teen
| without Justification, sucn as is now imagined.
| X was ths word which, With magical might opened
| the yates TO al those bOuutifu supplies ~ waca
| hostile expeditions wefe equgpcl against tie United