New-York daily tribune., 1861-12-30


pos.essor has fonnd IL and the title 10 real eate
disputed by real Gtigauts, under pie names of
imaginary pers,ns. It-nnf. be tonf,ssed, however,
That while all aggrieyed cations den AID, and al u
partial ones concede, the need Of cone form of
ndi,sl process determining the Characters OF con.
trabaDd per~oIs no olher form than the ;dogi @l
.pd cirsu,ous one thus described exist, nor has
e,y oler yet teep suggested. Practically, there
fore tie choce il between that Judicial remedy or
no judicial remedy whatever
Ifltere be no Judicial remedy the result is that
the question must be determined by the eap'or HIM
ssl on tie Geek OF the prize rel Very grave OIL
lection. stise against such couIse. The csptor is
famed. tie neutral is unarIned. The captor is in
teres,ed, preudired and perhaps vioent the neutral
liz truly neutral IL 0isnerested, subdued ard help
llrss TDe tribunal is rres ponstle, while is Jn'g
ment is carried into instant execution. 1be CAP
ItuIed party 10 COM ell,d to submit, though
lboud by no legal, moral, or treaty Obligation to
Iscquiesce Reparaion il distant and predetermined,
and dereuds at lat the justice, msgbaninhly, or
eakness Of the State in whose behalf ano by whose
authority the capt lure made Out of taese disputes
eprisals and wars necessarily ali e. aud thee are
so frequent AID Destructive mat IL may Wen oe
Idou ted whether this form Of remedy Il not greater
social evil than vi that could follow, If the tllisei
.pt richt Of search were universally renowned and
abolished forever. But carry tie csse ons step 'ur
tier What ii the Sts'e that Las made the captnfe
unreasouab.y refuse TO hear tic comli,ins OF .re
lof ,apture would he an at of war, o. war began
without notice aud possibly entirely without provo
cat %.
Jtlmk I'll unprfjudiced mind. viii agree, thar,
linrlesi,ct as the existing judicial remedy may De
supposed 10 be, il would be- us general PrA,uce,
lbeiier 20 FOL ow It q On to adopt tie summary one
Of leaving tie decriu with tie capor, aud relying
nro, aibomac q. bates To review his declson. Prac
ltic:,ly Il is question Of choice between law with
ia ner;ectons and Delays, aud war with iS e'ii7
! syd DE- ,latOns. .
Nor il ever to be forgotten that neutrality, hon
es ly aud ju.ty preserved, is always the baebinger
of peace ara Is therefore tue common interest oi Ia
lons, which is only saying that it is the Interest
humanity itseii. ..
somet,ues hspren that the judicial remedy will be
con impo sible-as by the shipwfe,k OF tbe prZe
ves,el or oher circumstances which excuse the cap
tor FROM sending or sfiog her into port for consca-
tion Ia such case, the risht OF the cal tor 10 tbe
custody OF The captured persons, aid to cisrore OF
them II they are really contraband, 30 as 10 defeat
II cir unlawful purposes, cannot reosonab be dsnled
What rule ohal be applied in such case
Clearly tie captor ought 20 be required To show ua'
tie flure Of the Judicial remedy re'ulis from CIR
cninstarces teyond bis control, and wl.hoat DIS
fault. Otherwise he would be allowed 10 oeilve ui
vantage from a wrongful net Of H. own.
! la the present care, Captain Wilkes, after cap
tntiug the contrabaud persons and making I1ze oi
lie Trent, in what seems to us perfectly ls"ini
uanner, instead of sending her in,o port, reeased
bor from The capture, aud permitted her to proceed
with her whole cargo upon her voyage. lie thus
eilectuay prevented The judicial examination which
night otl erwi-e h,ve occurred. II now the cap.
tnre of tie contrband prrsons, and the CAPTURE ol
tie cobttaband vsts<l, arc TO be reeaued, ~, "n
sruaruhe or distinct transactions M der the hiw
O, nations but m one unussetion, one only
then il follows that the capture in this Gaze WINS le
ur.Rnith,d, or abaDdJued. Whether The United
States have right 10 retain the chiei puohc ten.-
=. k. .f.Au nf ha ran ~.
sous, on proving item TO be eon,rnband, Will
cepend upon the prolin mary ques' lon wheiher
the leaving Of the transaction unfinished WI.
Necessary, or whether II wss unneeessify, aud
therefore, voluntary. II IL was necessary, Gleat
/ Britain, as we suploie, must Of coprse waive the
defect, and TIE oorseq queut failure of The judi ia
remedy Ga the other hand Il is nor soen how the
Uisd States inlet upon her waiver Of the Jod'.
cial remedy, ii the defect Of the capture resulted
fIom an ae, OF Capt. Wikes, which would be fault
on their own eile.
Cant. Wilkes bas presen,ed to this Government
bis reasons tor releasing the Trent.
81 fjtbore 10 seize her, be says in consequence
of nv being 70 reduced in officers and crew. end the
scraugeuieut IL would innocent persOns 'ere
eng large nun bcr Of paksen gcTs w would have
been pet o great loss and Inconvenience es Well "a
JsayI ointment from The iue Tupliou II would hav e
cnpsed them Ia rot heing able to Join the steamer
from ST. Thomas Ia Enrole. j therefore concluded
10 sacrifice tho iIteTc % OF my O.cers abc crew Ia
the suffered her 10 pfotttu h1t'r tilt
tentoo uecefsary 10 effect the transf.r OF those Com
uissioners conriderDg had obtained the important
end had in view, and which affected the Interests
Of our try, and interrupted the action o that oI
the Copfedorates
shall consider fret, how there reasons ought 70
affect the action Of this GovenmeBtS and secondly
how th-y ought 20 he expected TO affect the action Of
Great Britain. The are satisfactory 10 The
J Government, 80 far as Capt. Wilkes Is concerned
IL could not desire that the San Jacno, her Officers
and crew, should be exposed to danger and loss by
| weakening their number to detsch prize crew to
20 on board the Trent. Still less could 1t dissyow
the humane qotiye Of preventing isconyeniences,
osse and perhaps dirasters to the several hundred
innocent pa sengers found on board the prize vessel
Nor could this Government perceive any ground
for questioning the fact that these reasobe though
apparently iucongruom, did orernte In the mind oi
Captain Wilkes, and determine him TO release the
Trent Human actions geueuy proceed upon
mingled AID sometimes conflicting motives. He
measured the sacrifices which this decision would
cost. 1t manilestly, however, did not occur to him
that beyond the sacrifice OF the private interests las
lie calls them Of bic officers and crew, there might
also possibly be A sacrifice even Of the cbief and
public object OF A'pure, namely, the risht OF bis
Government TO tbA custody and disposition Of the
captured persons
Thie Government cannot cepsnro him for this
overnight. Ii contesses that the whole suffice
unforeseen upon the Government, us doubtless IL did
upon him. It's present convictions on u point III
question sre the result Of deliberate examination and
deduction now made, aud not Of any impressions pre-
viousiy formed.
Nevertheless, the question now is rot whether
Capt. Wilkes is justified 10 this Government 10 what
he did, but what Is the present view Of the Govern.
ment rs to the effect of what he has done. Assun-
Jog now for arguments sake only. that the release
Of the Trent, IL v.lantary, involved q waiver OF
,he claim of the Government TO bold the captured
persons, the United States could, 10 that case have no
hesitation in saying that the act which has tbus
ft..( ha
allowed 10 draw Its legal consequence after it.
II is OF the very nature Of gilt charity, that