Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1861-11-29

THURSDAY MORNING, NOV. 2s,.1so1.
When an Euemy's dispatches Ara nno
Arc Not Contraband'
TIE Impression seems 10 prevail that, sl'
though !. .belligcrcnt has no right to c:p:u'e
neu;nu, vessel, carrying ercmy's dispitchss
from one reuira, country TO another, O. from
the eneuy's ambassador in neutral Country
10 his government, Yet that tie righ, Goes
axis. to capture neutral vessel conIcylhg
sne,ny's dispatches from the cnemy's ctanir.
70 KS ambassador il Z neutral country. Iuis
Impression is, however, erroneous. Ihe Gne-
trias that dispatches could, under any Tsrcnai
stances, BIZ considered as contrabaDd If war,
and render the vessel carrying tasn Fable !"
seizure sind condemnation, seems 10 have cr'g'
mated in Eagland and with Sir William S;o''.
We can frd no reference 10 any such doctrine
10 any CT the authorities prior TO that learned
judges decisions; and he seems 10 have con-
Rnrd it 10 the cases in which enetny's &c
S. at:hes arc carr;ei in a neutral vessel irom
tho Colonies To- the &othsr Country. |" iie
case of the Caroline e Rob. Adm. Rep P 400
he said:
"The Cour, kas before had repeated coca
sion 10 express It's op:nion that tho carry ne
TIE dispatches Of the enemy from the Ctlon:ts
to the Mother Country is I Criminal ir.erpos!
ton ia the war that vii: lead 10 coadH:nhs'
ton"
But as in the case Of the C.ralar, tie C
spatches were carried % = Eeursl eessc! ircui
tho French ra:nis,c. in tho United Safes to
| ths French GOVERNMENT Sir William Sect.
+ Ucciueu u-s ~---..-o- $500 .----- -
that the vessel was not liable to condemnation.
The principle upon which dispatches iTcm
an enemy's colony TO ,be mother country may
be considered contrabald Vi war, is laid Gown
by the learned judge in the following words:
in sll such cases you have right 10 con-
cluds that the feet vi these dispatches Is h9s-
| tile TO vcursel', because they must re!sie 20
the secn,ity Of the eteuy's pass"$s:ens ana TO
| ,ha ,ne,p1rrunce of cVioto uiIlcaliUG hCtwvc!.
Them, You havc right to destroy these pos
Sessions aud that con,mGuicst!oa; aud It is :
! legal act Of hostility 81 10 do"
He gives the following reasons why d.
spatches to or from the cnarly's ambassador
in neutral country, should not be seized:
"The neural country has e rieh 10 preserve
its relations With the cne,py, an! you are not
al liberty &C conclude tia, any communication
between them can par,ake ia any degree Of
the nature Q! hostility against you. The .ue.
nv may have bis hostile plCects 10 be attempt
al NI.t rt,Ito re
&c on tho integrity OF THAI ncu;raI Stale that II
will not favor Tor participate III such designs,
but as far as its OWE actio3S aud couDSeS arc
concerned viii oppose them"
Again he says:
persons discharging the functions OF sm.
bassador are, in peculiar manner, objects OF
the protection OF tn. Law Of Nations. The
limits assigned 10 tho operations OF war against
them by Eattel, AID ONE: writer's upon these
subjects, are that yoa mag exercise your right
of war against iiiein, wherever tie character
OF hostility exists"
In = previous article We showed that This
right Of war wherever the character oi hos-
tlity exists, IVES iiusited 70 places under Tue
iurisdic.ica Of ,as belligsrenE, where lie h:s y
right to comn;t acts OF hostility, rs in tie
case Of the CAPTURE BY England OF the F!tucE
ambassador, in the British dependency c! llaa-
over. In toe case Of the, Nilis5n, Edward 8
Adm. Rep. p. ga in which the DAn:sh Gov
eminent sent dispatches in Il neutral vessel 10
the Danish Consul III Philadelphia, Sir WIS.,.
Scott decided, in tie year, 1910, that tue vesSei
was not liable 70 CONDEMNATION that as 10
the case Of tie Caroline, The deSpe:ches from
tie sSemy's minister III tue neutral county to
| his Government we're not con:rabaud, SO he
enelny's dispatches from his Government 70
his agen: in the neutral counlTy were equally
exemp. from seizure. He says:
If such communications were n:e9a:csej
inc functions Of the official persons ""uic
CEASE altogether"
And again he SAYS;
& take this to be correspondence in which
the American Government IS ltscl! interested
A Danish Cousu, in America IS not stationed
there merely for the purpose of Danish t;uic,
but Of Daalsh-Amerc.n trade."
From the foregoing We think it is dcIuonstTa.
ted that the right of be!IigereIlt 10 se.za .
neutral vessel, carrying ecemy'S dispatches,
OILY exists where those dispatches are 10 Ger
RED from Que part Of tho enco!'s country 10
neo;her.
The Capture o. Mcssrs. NEsSan and .i'dcii.
The case OF the capture >: tue Eoa. 'lenEy
Laaruns ny British war vessel, in l?59.
whiic on his passage irum lie Uaited States 70
Holland, 70 which latter cSrntT? M vas ac
credited US Earoy, hos bsen cited as : prcce-
dent in just fcslion OF be arrest OF Messrs.
Mason and Slidell by the Ca!;ed States Gov
eminent But there is no analogy le.Scen
tie tao CASES, further tiaa that u bo,h,
enemy's minister's we're captured Mr. hau:91s
was arrested on board OF United States YES
SCI Messrs. Mason AID Sld=!i we're t::keu o.
b1ard Of ar English tnail steamer In tic orr
case Great Britain, being A; war with the Uaitc;!
States, captured an cnemy's vessel, where the
right no commit acts Of hostility" clearly ex-
is.ed; in the o:hcr, the Untcd S:a!cs, baing ct
peacs with Great Britain, csp:ured the vessel
of neutral ard friendly uutoo where The
character IF hostility" did not and ceuli net
exist Tie "Acnual Register" for 1879, p
2ss, contains the following notice Of sir
Laureps arrest:
advice vas this day received, that the
Fairy, sloop oi.war, ard the Vestsl. ;rlgste, be
Jog cruising on the Ns~ Foundand stati1n,
foil -; -;tL, -..l 80 - 4t"tof fUss" pucGst: ui
board of which was Mr.. Laurens, President Of
the Congress"
THE Congress packet" rs it is called in
Bslshar's History Of Great Britain, p. SO, WIS
called ''ite Mercury" She is fully described
iu the NemoiTs Of Eikanah Watson, PIP. So