The United States
are thus enabled to blockade all the important ports of the Confederate
States. In this condition of things, observe the practical working of
the rule which I am discussing.
It must be admitted that we have equal belligerent rights with the
enemy.
One of the most important of these rights in a war against a commercial
people, is that which I have just exercised, of capturing his property
upon the high seas. But how are the Confederate States to enjoy to its
full extent the benefit of this right, if their cruisers are not
permitted to enter neutral ports with their prizes, and retain them
there in safe custody until they can he condemned and disposed of?
They cannot send them to their own ports for the reasons already stated.
Except for the purpose of destruction, therefore, their right of capture
would be entirely defeated by the adoption of the rule in question,
whilst the enemy would suffer no inconvenience from it, as all his ports
are open to him. I take it for granted that Spain will not think of
acting upon so unjust and unequal a rule.
But another question arises, indeed has already arisen, in the cases of
some of the very captures which I have brought into port. The cargoes of
several of the vessels are claimed, as appears by certificates found
among the papers, as Spanish property.
This fact cannot of course be verified, except by a judicial proceeding
in the Prize Courts of the Confederate States.
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