New-York daily tribune., 1861-06-06

nothing on the subject Of cOntrabHpd, but "a
merely declaratory 0f the law Of nations.
More diversity of opinion exists 10 relation to
provisions. In the war between England aud
France OF 1893, the National Convention oi
France decreed that neutral vessels with proyis-
ions destined for an enemys port should be liable
to capture, abd month afterward EDe0nd ar-
rsstel and detained all neutral vessels in her
ports bound to France and loaded with corn,
meal, or -four. In his correspondence on the
subject with Dir. Jefferson, then our Secretary Of
State, the Briti,h Minister took the ground that
by the law OF na;iots, all provisions were 20 be
considered as contraband, where the want of
them could be relied on as one of tho means Of
reducing an enemy TO peace; AID that this means
could be we'll employed against France, as almost
her entire labor ng population were in arms,
with the view Of commencing and supporting
hOstillties aga'nst all Europe combined. The
United States at that time resisted this claim on
the part Of England, and Mr.. Jefferson and Mr.
Randolph in our behalf contendtd that corn,
four aud meal being tho produce Of the soil
and labor OF the cOuutry, were not contraband
Of var, unless carried TO place actually in.
vested. The rule resulting from the modern de-
cisions Of tho Prize Courts 10 said to be that
provisions are not generally centrsband, but may
become SO uudrr circumstances arising out OF
toe situation of the war, cf tho parties enesged
in it. They have, perhaps, always been consid-
cred contraband when it was apparent or prob
able that they were destined for military or
naval use.
The question Of cOntrsband is to some extent
affected by the character of the port to which art
cles ore destined. If bound to merely CONNER
cial mart the presumption would be strong that
they were intended for merely civil use; while the
contrary presumption would be equally 'trOng il
they were taken ON the woy to n military or naval
depot, or port Of equipment. The rule in this case
niers the intended use from the immediate destina
ton, aud the inference can seldom work injustice.
This rule ia certainly founded in better apparent
reason than that which lets iron and hemp 80 free.
but holds anchors and cordage directly contrabaDd.
When goods are recognized as cOntraband,
conGscatOn becomes the universal Peuaity, ei-
cept 10 the case OF provisioDs where tho fortri-
turo /, mitgated 70 q right in the captOr Of pre-
smption on reasonable terms. Subject to this
right Of seizure Deutrals uBy sell 10 beIigerents,
or carry 10 belligerrnts, oil cont abaud articles,
where there 10 no established blockade, aud no
natOn cun object TO the contraband traffic, or to
the seizure or cobiscation. The contrabsnd,
however, taints so much Of the whole cargo as be-
longs 10 tho same owners, no matter OF what
i may consist. Formerly it subjected the ship
10 ctnfscation, but the penalty is now limited
t. the loss Of freight and expenses, une's the
owner Of TIE contrzbnnd is also the owner Of
tho ,hip. or the esse ia marked BY the cxhbi-
ton Of false papers, or by some other circum.
stance of fraud or iilrgaAly. when the ship and
toe innocent cargo are alike subject to cOufsca-
tion.
We can anticipate no complication or difficulty
between the United States and other nations IN
tho application Of the now familiar principles Of
the law Of cnDtrabaDd and we think tina. no
well-in(osmed mercantile subject Of Queen Vic
toria will require special Instructions from bis
Sovereign or bis lawyer TO seep him from In
lringiug upon the rights Of beIhgereut', or run
ming any ri,ks that be- does not understand apd
contemplate, with his shrps and cargoes