Delaware State journal and statesman., 1861-12-31

% my fellow-cidzens that that Is net mere b
matter oftorm, but that is matter Of very seri.
nus md important substance.
Every maritime nation has, as part Of Its ju,
dicial system, what is called prize court, the I
special function Of which It is to adjudicate on l
the lawfuness of all seizures made at sea by the
cruisers Of that nation when II is at war These
courts are not only bound to administer the law
of nations in cases Involving the conflicting
rights ofdferent nations, but their adjudication
ia cases OF capture are binding upon oil parties
interested, unless they are tainted with fraud or
gross mistake. Being thus interposed between
the nation making seizure and the nation
nggrieved by that Heizure and proceeding always
upon solemn proof and argument Of the matter
in controversy, their functions are essential TO
the preservation of peace. Accordingly, it has
= always been governed by settled principles, |
that every cruiser making seizure, whether
of things belonging 10 an enemy or neu-
trail, whether on hoard of an enemy or
Q neutral vessel, shall bring that vessel in and
j subject the lawlulness OF the seizure to ad-
r Indication in prize court There is one
Il xcuse only that eau be set up 10 justification
& of failure to make an effort to bring in the
e vessel, aud that occurs when the captors have
e not sufficient force to put proper prize crew on
board the prize for they huye no authority TO
q compel the crew of the prize to navigate her
ID themselves.
IS In the case of the Trent This rule has not been
=" we are without the means of showing the lawful
o. ness Of the seizure, in the Only mode known to
" the law of nations lf we had any cause Tor in
~ tercoping and seizing MIR. Mason and Mr.. Sllde
ly on hoard of Il neutral vessel, going from neu-
se iral port to neutral port, it must have been
es because they were either enemy ambassadors or
ed fugitive traitors. Suppose they were both; tue
in lAwfnlnees Of sezing them from neutral yesse
Vi, Is the matter Of dispute, and we can justify II
led only because the public law gives us the right
i've to do IT, But we cannot take the benefit Of one
ish part of that law, which say gives us the right
yet to make the capture, and reject the other part
- which precrbes the mode Of making capture
be and the mode Of establishing its awiuueas wher
ra made.
Of When, therefore, England says that she cannO
all consent to have the proper function OF a priz
nal court set aside by the seizure Of u person o
thing from one of her vessels followed by no ad
our Indication, she says thing OF the utmost i'm
ing portance to every maritime nation in the world
Of This is her real case, her whole case; and 1t !
the one which will place all Europe on her side,
she presents it iu the attitude properly belong
lug to it. II she says to the President, 81 can
not discuss with you the lawfulnesd of thi
seizure for you cannot adjudicatc it; and q
the there is now no possibility of judicia
the determinations restitution of the men can alon
the repair the wrong Of which complain" wha
-, answer shall we make or compel tho Presider
eoe' to make. Not, trust to give Lord Lyons hi
Nh- plsspOfts Out Tntner 10 see II theFe Is iehhui
Jews sufficient in the eye of the law for having pnce
tho ourselves in position where We cannot give I
England what she has clear right to demar
oue' The judgement of Judicial tribunal ON II
sets laWfulness Of the seizure
than So far as the cas1 is Mt present understood
fran there is but one valid reason suggested for n
~. having brought in the Trent If ii canbe show
he''- that Cant. Wilkes was unable to bring her
legal for want Of sufficient prize crew. England mt
that well be asked to admit that excuse. But Il
.,or tenderness Of Cart. Wilkes towards the renal
-. ing passengers, or towards her Majestys mail
Sphe although fairly enough to be urged as groun
glish of consideration by the English GOyernmel
dir seems to me not to be legal excuse for d
lkes absence of n regular adjudication of the Lawful
ness Of the seizure.
'aw' Our countrymen have not so little Intelligent
side. or so much false pride, as not to be able
the willing TO see that principle important to I
peace Of the world is involved in this case.
IT,. me repeat that the right to have an adjudcati
tha' of the awfulness Of every capture is indispel
'hern able to the safety and honor of all natiO
q you Without il, peace cannot be long maintained "
NY 10 neutral Powers. Let us not then, try to com
pre- our Government to do the impossible Its cl
per that they cannot determine between themsel
cruz and England the lawfulness OF this capture.
"n'cu we can show a valid excuse for the absence
iiAuu an ndiudicatinn can now make vOlunti
., tribunal by accepting or proposing an arbtrat
,, 'r our interest and honor and good name will all
''esaI saved. @. T. G
ohtrs West ROxBuRY, DEC. Is, 1861.