Year: 1863

THE BLOCKADE


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English Trade 90 MatamOr0s-Case OF
the Prize Dolphin.


In the English House of Commons the Goth OF June,
Mr.. PxAcocKE called attention the stoppage Of our
tBriish) trade with Matamors neutral port, by the
cruisers OF the federal ment He also referred 70
the decisions Of the federal courts, and called upon
the government to define what q legal traffic He
also urged the necessity Of greater vigilance to protect
our commerce on the high seas and moved for papers


The SoIIcIrR GENERAL said that II honorable mem
Der moved for paers connected with the Of par
tcuiar ship, would be for the government TO how
Tar such papers could be produced during pending
municaions but when molten In terms general as
that OF the honorable member was made II would be
quite impossible for the government to accede TO 1t with
out interfering In the most nconvenent way with pend
ing communications. The honorable gentleman com
menced his observations by referring to passage In
OF Earl Russells speeches. in which tho noble ord spoke
Of oase OF contraband which might be ground
OF SEIZURE though the ship ostensby bound to Aata
moros port OF that description. The honorable gen.
teman appeared to think that according to the exist


Ing law OF nations there could be no sufficient ground
Tor taking and adjudicating upon ship having an
apparent destination according to it's papers, to Matamo
ros The honorable gentleman seemed not to be entirely
aware OF the precise position OF the port OF Mamoros
and was essentially necessary that they should
stand the bearing of an these questions which they
peatedy heard about the trade Maamoros and that
they should know what Matam0ros was. 1t was From
tier town In Mexico lying side OF the river, and
the river OF Matamoros and lying In the river roadstead
would in consequence OF the state OF the tide and wind
be constantly obliged to lie on the Texan side. It





the destination OF Matanoros In It's papers, would
II thoy had any instructions to land their car.
goes, whether consisting OF other descrip
tions OF contraband articles, whenever opportunity
occurred the Texan side OF the river great ac


there nothing the ships papers 70 show that was


intended as matter OF course to land the goods the
Texan side OF the river and when was perfectly -
possible TO say that the contraband board the ship
bound 70 the river Matamoros not intended for the
neutral side then the doctrine OF law that in
tended 70 land the the neutral side Tho honora
BILE member went on to say that If the cargo might
afterwards by other find its way the Confede
rate States in the Of trade that could be
ground for counscating the vessel which originally
brought IT, That was q doctrine admitted most dis
Ss by ps3s the United a.
dence. In one case to which tho honorable member
referred the good faith Of tho prize courts Of the
VIII o'-the Wisp. That ship was lying in the port OF
hatamoros In the American waters. she was taken be-
arms, being discharged from the ship. They were
however, discharged into lighter sent from the Mexican
side and the evident consequently was that
captain preuaricdtcd grossly and that circumstance accord
ing to prize taw, srcis to place the ship great dan
cealed and that led TO the suspicion that It that
the powder, after being landed Matamoros should find
its way the bsrder Nevertheless prize court
acquitted the vessel and released her. Il perfectly
true that tho prize court did not give costs and damages
oSecsoS All ho could say was that r as
damages were concerned there Of that
kind sOhere ne suspicion ,oas 80 great in ohch costs and





II tho English government TO insist damages they
would DO laying down rule never acted upon by Lord
Stowe under similar circumstances or course II
very easy persons this side Of the apply
the House of Commons without first carrying their
should s be had court mot
acquesced In by the interested partes the next
was TO tho Court Of Appeal and after that the govern
was apparent injustice In the sentence pronounced In
such only wast consistent law OF nations for
the neutral gcvernmeat TO interfere The Conrt Of Appeal
tn American tho Supreme Court, Which held ucyy
high rank indeed bc for aywina and mpovsality he
o,on ofthe aoord. He must remind the honorable mem
bcr that among other inconveniences incident dis
cusson like the present therc was the risk that hc might
statements preudicia to cases under investigation and
with TO which there existed the right OF appeal
II right that the House should know that the mode
or procedure In prize courts the In America
In this country, the American system being borrowed from
England Not long after the Declaration Of Independ.
ence the American authorities received from Lord
Stowell description OF the practice pursued In the
English przc courts, and that practice had been ad
in the FIRST instance. great advantage to the ship,
for the evidence, IN the first place. must be obtain
mens Of tho officers and crew were tho only evidence on
which the ship could be brought before prize court and
'f there was not in the ships papers matter 70 raise
primd against her she would be acquitted On
the other hand sort Of counterpose to the advantage
hc had just mentioned the usage prevailed that there
discovered board tho ship circumstances Of
grossly suspicious character raising strong presumption
that there something wrong, something disguised or
Irregular the Judge entitled TO ask furtAer proof from
the ship, and, Il II were produced. u condemn IT,
And moro than that IN some cases whore the crcum-
stances wore very mncn against inc OF the yes
hearing further evidence. That undoubtedly the
practice Of Lord Stowel throughout the and the
reports OF proceedings In the prize courts abounded
with proofs OF t. Therefore, when the honorable men,
Der said that in those cases. where the evidence must
as direct and conclusive as was required other shps
he submitted proposition which, however plausible
" ,ss oo"ypy Evidence not direct and in
the ordinary sense had bcen accepted as sufficient TO
nvert the oas prooand' and 20 throw on the snip tnc
atty Of being condemned such evidence not forth
coming Even when the ship. complying with that
condition. did herself from the suspicious orcum
Stances vet had held that the very existence OF
those circumstances enough to justify the capture
and detention OF the ship, and 70 deprive her OF any
claim 70 costs and damages Hc did no; attend TO enter
into the question or this or because a. he said
before, he were TO accept what tne nonoraoe gentle
mcnt no TO mention anything 70 the contrary
he would be prejudicng the case OF the owners be.
fore the legal tribunal He would therefore make only
few general observations, without going into details As
TO Ade all that they knew about the case was that
the Judge In condening the chip did not give his reasons
for that decison It had said that the Judge had
himself stated that there was no case against the Snip
bui that neverthecss he was determined 70 Condemn
very important circumstance AT present. nowovcr,
required confirmation Twas he owned 70 DO regretted
that were given for inc judgment Inat was
not common practice, but when they were dealing with
law IL was impossible 70 plead as viola
ton OF that law which no sorry to say had hap
pcned IN the prize courts Of all nations from time time
The cause Of no reasons being given might bc because
,ha caae vas aireadv 80 clear as not TO
auire them, or because the judge, knowing there
vas 70 be an appeal, was unwilling TO assist


by any statement Of the grounds Of his decision Until
thew had scon the evdence-and t not yet before
thcrn-they could not say that there was NO case IL
might turn thas the judgment was perfectly justia
bic with regard TO the Pearl the Judge held that the
testimony raised strong presumption that the vessel
as Intended by the only 20 touch at Nassau and
shcn o 70 ON 10 break the blockade at Charleston Now,
sT IN, ou,,ers imagined that the fact Of the ues touch
mo al Nassdn sote, slch erpedthc eronerufd h,
or vronz in his Of the evidence he would not
discuss He had mot tho of doing So and even
case mentioned By the honorable gentleman tho
olphin On board OF that ship Was found large guam
ty OF arms, which cntercd, not ~ such, but as
she was consigned 10 nrm ~ Nassau, but
dlscoyc board which was deemed by tho
prze court 20 mean the did not wish the car


10 sc landed at that they would ia fact prefer
that something should be added to rather than any