Year: 1863

own conveoience the prize court intefored and would
no.aow W 20 sod (aear.) Ihs honorrb geutlemt
hadcnncuded with the extraordinary thai her
ma government tepudited the d. criie OF damages
owners had represented that their ships had been sesed
without warrant, her Maesly's government had in
yarnby informed the government Of the ur,ted
States tnat " such should turn the case they
would expect that iu conpensation in the shape of
dam ges would he made But the honorable member had
mentioned two case, In one of which damages only H.


small amount were obtained while the other we're
got at all. The re son was because IL would have been
unwise and undignded for her Maesys government TO
insist automatically upon that which they knew they
not likely TO get, and which they knew they
could not demand consistently with the practice OF their
own courts under SIMILAR circumstances. When ship
had been brought into court under circumstances Of
piclonby which he meant suspicion excited by It's
papers, or by tho depositions OF s own officers and
crewt had always been the practice of the courts OF
this country to refuse both costs and damages case
In which there was no disguise, no prevarcation,
nothing TO justify the seizure would DO case in
which exemplary damages ought TO be gvon at least
claimed by her MaDesty's government; but to demand
damages where the captain prevarcated, as in one in
found on board as in another would be say that her
Mestys government should insist upon other countries
doing TO them what they never did to other countries,
and what they would not concede II demanded from
them. The principle upon which her Maesty's govern
ment had acted this TO strictly TO apply
against themselves and in favor Of the United States
those same principles Of law which they applied against
other nations and In favor Of themselves in former times
The code was certainly enough; but ought not 10





the decision OF courts which the United States
had followed to the letter. (Hear hear.)


Lord r. CHyL denounced the federal preudices OF the
government and complained that it was the
alone OF Its law officers that had caused the inefficient
blockade OF the Southern ports TO be tolerated at ALL He
complained in strong terms OF tho decisions OF the federal
prize courts. These courts to be regarded with
great suspicion and more especially the admnistra-
ton OF tho law n America controlled by the bayon
cts OF Mr.. Lincoln He complained also that govern.


ent had taken steps to watch the interests Of
the owners Of vessels taken before the federal prxo
n hnd Aput and
highest duty.


Mr. CoBDxs said he felt himself in rather novel posi-.
tion in appearing, even by implication TO be taking
side opposition to the interests Of merchants and ship
owners while the noble lord who had just spoken seemed
pretty well known that with commercial bockades,
extending perhaps over coast Of two thousand Ave hun
ded miles, he had no sort OF sympathy whatever Such
which greater amount Of injury inflicted inno-
cent neutra than upon the begerents themselves could
se liz did no aI o
should be alowed-he used that term because the civil
lied world had right TO voice in -he did not think
they should be allowed to carry on in way that in


ced country three thousand four thousand miles
of greater injury n an economical sense, and apart
each other. That the ,oh the present war in
Amrtcd There soas. no doubt, greater amount Of suffer
ing etaiIed BY II upon Blackburn Preston, RochdaIe and
other Of large to0s than any toUn in the United
States Generally when people going to fight they
did not regard the boodshed and the turmoil Of battle
kind OF suffering which was unexpected unattended
with Its glories. He now concerned, therefore,
with the misery inflicted on hundreds OF thousands
% who were so,S S % the
dustry in consequence OF the present But
who responsible for tha Undoubtedly the public
blockades means OF warfare resolution adopt
cd by tho Liverpool Chamber OF Commerce. within the
great champion OF tie Southern States Of the Union and
that resolution declared that the principle Of commercial
blockade should be maintained in the interests Of Eng
land. The argued that, in OF war with the
federal Saes the power Of BLOCKADE essential for
maritime supremacy. Under those circumstances, he
NOW carried On BY the United states aoas ONLY our
principle applied ,vth dreadful severity against
tnas when we became belgcrents ii would be OF advan
tage to ourselves The noble lord had stated that this
blockade was and 70 prove he had
He said that forty per cent Of the vessels which
tried the blockade succeeded but he forgot that
the great ports Of entry into America were scaled al
together For instance there oontraband trade
going at New Orleans. (Lord r. Cecil" Because the
pacss and some small Vessels which Carried
traband rade but there was an extensive trade was
likely that cotton would be at ts present
the high prices which they commanded at Charles
ton (Hear, hcar.) There doubt that the blockade


The noble lord referring The law Of blockade
had laid down principle which was opposed 70 the doc


Of sns authority sS oa on s e. he said
going from this country to Nassau provided they
carrying cargoes Of a legal character.


u
correctly What meant 70 say was, that vessel going
bona d TO Nassau Icoud not bs seized, whatever her


Mr. CosDxN thought the noble lord had said "stopped"
and certainly OF great Importance in these dis
cussons TO be strictly accurate and definite In the terms
which were used Lord Stowel, IL was well known, had
laid down the esenstbe destination OF vessel must
be It's real destination. (Hear, hsar Suppose ship
was despatched from Liverpool TO Nassau, with her
papers made regularly for that destination, but with
Instructions written verbal to the supercargo or any
other officer ito run her into American port il there
ha II. the
stopped, evidence OF thai sort were found, the
might be carried into prize court OF the United
States But how that evdeuce TO be got unless the
vessel soppedY or this state OF thngs pro
duced great inconvenience and loss and 1t was Of that
making grievance. But had the noble lord taken the
trouble go the Board OF Trade to ascertain what
exports just now to the West India Islands and
the Mexican ports OF goods notoousy destined for the
Southern StatesS Everybody knew that there was a
great couraband trade going there and that had
the monopoly OF IT, and II was great aectation, there
FORE and most unreasonable down and complain
things done which caused TO that
and the innocent trade as we'll Ho was not such
employ their money in that trade. The Queen
did not preteud to prohibit her subjects from en-.
told them II they did they would the risk OF in
curing the penalties OF international law as administered
by the American prize courts ~ these 1s .,
chose to engage In this trade and II did not become
honorable members TO come down to the House and com
plain Of these inevitable risks and Inconvenience OF
he claimed fair trial for the English vessels and
merchandise carried into the prize coarts-he only tr
buna before which, according the law OF nations they
could be tried. The noble lord had said good deal
against the administration Of American courts which did
not coincide with the opinion OF more competent judges
For instance years ago Lord yndhurst 10 bringing


matter connected with maritime law before the House OF
Lords had referred much frequently to American
thorcs than TO English The noble srd would ind that so
great authority as Lord yndhust had quoted Kent and
Story instance more frequently than even Lord Stowe
What right then had the noble lord TO say that justice
would DO administered in the American courts with less
impartiaty than In our ovns (Hear hearS lie talked
Of the Supreme Court a. washington having given dec.
sion duresswith soldiers at their doors but ne
asked the noble lord for proof that, Hc could not accept
tho noble lords allegation without his proofs He was
a digent observer OF American events most people,
and had not statement OF tho Supreme Court
giving decision because the Court surrounded by
armed The noble lord had alluded 70 the OF
emo Alexandra. Of course he did mot preted 70 say
whether the learned Judge who had tried that case was
right iu his Interpretation Of the Foreign Enlistment
act but better friend the commercial interests
of the country THAN the noble lord. he could assure
him that II tho ruling Of the Chief Baron were
mad by iudQes if doctr becOmo