Salmon P. Chase

“ It was never regarded by any party as otherwise, or other than as an occupation during war, to be relinquished when peace should come. Great Britain, of course, never expected to hold permanently an isolated point in our country. With peace, the port was surrendered to us. Here, however, New Orleans had been seized by an insurrectionary faction only; certain Americans in temporary and mad revolt. We never ceased to regard New Orleans as a city of the United States. ”

“ It is a right burdensome to neutrals, and is strict in its character. It is one which is claimed by the belligerent and yielded by the neutral, so long, and only so long, as a blockade is maintained which is in accordance with and recognized by the law of nations. The blockade of his own ports would be an embargo, an act of war against the neutral, thereby made and treated as an enemy. The embargo draws after it belligerent rights, and of a character entirely different from those that belong to a blockade; which are peaceful.
Now, was New Orleans, on the 4th of May, an enemy's port? ”

“ As to hoisting any flag other than the flag of our own adoption and allegiance, let me say to you that the man lives not in our midst whose hand and heart would not be paralyzed at the mere thought of such an act ”

“ It was established, with some hesitation, when sailing vessels were the only vehicles of ocean commerce; but now, when steam and electricity have made all nations neighbors, and blockade running from neutral ports seems to have been organized as a business, and almost raised to a profession, it is clearly seen to be indispensable to the efficient exercise of belligerent rights. It is not likely to be abandoned until the nations, by treaty, shall consent to abolish capture of private property on the seas, and with it the whole law and practice of commercial blockade. ”

“ It is hardly necessary to go further on the question of intent; but if doubt remained, it would be dispelled by an examination of the other papers and facts in the case. Every bill of lading contained a stipulation for the conveyance of goods described in it to Havana, in order to receive orders as to their ulterior destination, and for their delivery at that destination on payment of freight. Such, we think, is the true import of each bill before us. Almost every letter found on board the ship and contained in the record, affords evidence of intent to force the blockade. ”

“ It must decide when the object of blockade, namely, prevention of commerce with enemies, can be attained by military force, or, when the enemies are rebels, by military force and municipal law, without the aid of a blockading force. The Government of the United States acted on these views. Upon advice of the capture of New Orleans, it decided that the blockade of the port might be safely dispensed with, except as to contraband of war, from and after the 1st of June. ”

“ Very likely the presence of the Federal army was odious enough to both mob and gentry of New Orleans, to men and women alike, 'neutrals' and rebels as well. The population may have been all hostile, bitter, defiant, explosive. ”

“ The 'Maria' and 'Charlotte Sophia' [7] are not exceptions; for the voyage was really a direct on from the blockaded port in each case. This vessel could not be captured, therefore, while proceeding to Havana, for an intent afterwards to break the blockade of New Orleans.
VI. The Proclamation of May 12, 1862 (after this capture) , founded on the 5th section of the act of July 13, 1861, did not retro-act; nor could either continue the blockade of our recovered port against neutrals. They apply only to trade between our own citizens. ”

“ Taken on freight of Mr. Bouvet, Jr., by order and for account of Mr. J. Soubry, on board of the British steamer Circassian, &c., bound to Nassau, Bermuda, or Havana, the quantity, &c. Mr. J. Soubry engages to execute the charter-party of affreightment that is to say, that the merchandise shall not be disem barked but at the port of New Orleans, and to this effect he engages to force the blockade, for account and with authority of J. Soubry. ”

“ The reply of the mayor was 'that the city was under martial law, and that he would consult General Lovell.' The rebel Lovell declared, in turn, that 'he would surrender nothing;' but, at the same time, that he would retire, and leave the mayor unembarrassed. ”

“ THE steamship Circassian, a merchant steamer under British colors, was captured with a valuable cargo by the United States steamer Somerset, for an attempted violation of the blockade established in pursuance of the proclamation of the President, dated 19th of April, 1861. ”

“ There she took a cargo,-no part of it contraband,-and was making her way to Havana when captured. Pearson & Co., of Hull, British subjects, were her ostensible owners. The cargo was shipped by various English and French subjects, and consigned to order. The bills of lading spoke of the ship as 'loading for the port of Havana for orders;' and the promise of the bills was to deliver the packages 'to the said port of Havana, there to receive orders for the final destination of my said steamer, and to deliver the same to Messrs. ”

“ The circumstance that a similar memorandum was sent to the parties concerned raises an almost irresistible presumption that the other freighters shipped their merchandise under the same express stipulation to force the blockade. ”