Delaware gazette. [volume] (Delaware, Ohio) 1855-1886, 1861-11-29

z possible 10 capture. "-tpp. 5S1-S -4
''ihe frauduIently carrying the dispatchc
s of tie enemy will subject the neutral vessel j
which they are transported to CAPTURE AM
e coSFIscATIoN. The consequences cf such
t service are Indefinite infinitely beyond tle ef
feet Of any eontraband that c;In be conveyed
: 'The carrying of two or three cargoes of mill
tary stores says Sir w. Scott, is necessaril,
! an assistance of limited nature; but in thu
? transmission of dispatches may be conveyet
the eEiire plan of a campaign that may defea
all the plans of the other belligercnt in tha
quarter of the world. 1t is true, as has beer
said, That ONE BALL might cut eff Charles
, the Nilth, and might produce the most disas-
trous eiiects in a campaign; but that is a con
RI sequence so remote and accidental that, in tho
contemplation of human events, ii is a sort o
evanescent quantity of which no account is
taken; and the practice has been accordingly
that it is in considerable quantities only that
the eifeBse Of contraband is contemplated
The case Of dispatches is very different; it is
| impossible to limit letter to so small a size
as not 10 be capable of producing the most
important consequences. 1t is a service, there.
! fore, which, in whatever degree it exists, can
only be considered in one charter-As Az ACT
OF THE MOST HOSTILE NATURE. The 0frHce Of
| traudusepuy carrying dispatches in the service
Of the enemy being then greater than that of
carrying contraband under any circumstances
it becomes absolutely necessary as well as Just
to resort to some other penalty than hat in
| flicted in cases of contraband The confisca-
tion Of the noxious article which constitutes
the penalty in contraband, where the vessel and
cargo do not belong to the same person, would
he ridiculous when applied TO Dispatches
There would be NO freight dependent on their
transportation, and therefore this penalty could
not in the nature Of things, be applied The
VEHICLE IN WHICH THEY ARE CARRIED MUST Re
coNFIsCATEn.'
"But carrying the dispatches of an embas-
sador or other public minister of the enemy.
RESIDENT IN A NRUTRAL. COUNTRY. is an excep-
| tion to the reasoning on which the above gen
eral rule is founded. There are, SAYS Sir w.
Scott. dispatches from pcrs )ns who are. in a
recular manner, the favorite object of the pro-
lection of the law of nations. residing in tie
neutral country for the purpose of pcrsevering
The amity between that State and their own
Government. On this ground very material
distinction arises with respect TO the right of
furnishing the conveyance. The neutral coun-
try has right to preserve its relations with
the enemy, and you are not ut liberty to con-
clud, that any communication between them
can partake, in aay degree, of the nature of
hostility against you. The limits assigned to
the operations of war against ambassadors by
writers on public law are, that the beIligerent
may exercise his right Of war against them,
wherever the character of hostility exists: HE
MAY STOP TIE AMBASSADOR OF MS ENEMY on
HIS PASSAGE; but when he has arrived in the
neutral country, and taken on hinlsefthe fnnc-
tioHs of nio office, and has been admitted in his
representative character he becomes a sort of
MIDDLE MAN, entitled to peculiar privileges, as
set apart for the preservation of the relations
Of anity and peace, in maintaining which all
nations arc in some degree interestcd.--(pp
565-66)
at has been so!emn'y adjudged in the British
prize courts that b Ing engaged in the transport
service of the enemy, or in the CONVEYANCE Of
military persons in his employment, or the car
rying of dispatches, are acts of hostility which
subject Tie property to confScation. In these
cases the fact That the voyage was TO neutral
port was not thought 10 change the character
of the transaction. 'Phe principle Of these de-
lermiuations was asserted to be that til, party
mus, be deemed to place himself in the service
Of the enemy OF the State, aud to assist in ward
ing of the war, or in iaYoring its off.nsiye pro.
jccts.o-(p. 500
The reader will be able TO apply these prin-
ciples to the case in hand.
OF similar purport is the exposition of pr
Robert Phiiiimore, in his late great work enti
He'd Commentaries on international Law lie
is'"Advocate Of her Majesty in her Office of
Adm rAlty as Judge of the Chin lue Ports and
universally approved. lie says:
Page 368-( (Coutraband) 1T is, indeed, com
petent to beliigerent to stop the Ambassador
of his enemy on the passage"
Page 369--"As to carrying Of military par~
sons in the employ ofa beligerent, or beiAg in
any way engaged in his tranport service, it has
been most solemnly decided by the tribunals Of
international law, both in England and the
United States Of North -Amcric that these
are acts OF hostility on the part OF the neutral
which subject the vehicle in which the persons
are conveyed to contiscation at the hands of the
bel.igerent."
Page 37O.-'OGicial communication from an
official on the alfIirs OF a beligcrent Govern
ment are such dispatches as present a hostile
character on the carriers of them The mis-
chievous consequences of such a service can
not be estimated, and extend far beyond the ef-
icct Of any contraband that can be conveyed,
for it is manifest that by the carriage of such
dispatches the most important operations of
belligerant army may be forwarded or obstruct-
ed. In general cases Of cOntraband the GUAM
tty Of the article carried may be material
circumstance, but the smallest despatch may
serve to turn the fortunes of war in favor of a
particular bellie er.nt.
"1he penalty is confiScation Of the ship
viii Ii conveys the dispatches and of the car
GO
As the foregoing prin .iplcs are derived Who
ly from the aducatuns OF the British Admir-
atty Courts, and as Capt. Wilkes has exercised |
something less than the scope of power vndi-
Gated for bellisercnt by these rul lgs, it woul
seem ide 10 suppose that his ACTION can afford |
any ground inr rrciamatons by the British |
Govern.nsni, which will be more likely to cx-
press grateful appreciation OF tho GorDcar-
ance . played by that officer in not capturing
the vessel found engaged in "lavorng the Of
fensive projects OF the enemy" Ii the British
legists recognize the right. Of one belligerenl
nation TO capture on the high seas the ambas-
sador Of another belligrrcnt ration, a Joriioyi
must they acInowltdge the ii yht OF Il sovereign
belligerrnt GDvcrnment 10 sez., under similar
circumstances the cnvoys of niaetion to which.
in the present case, they have ooneeded the
rights, and therefore the responsibilities, OF Il
belligcrent,
II may be proper to add that it makes no
difference in the law m The ease whether the
master Of ii vessel be ignorant or not of the
character of the service in which he is ongag- .
ed la The present case, however, the MASTER
of The IrAnt n,11el In hnnn uall u,ilr, II ila