The daily Green Mountain freeman. [volume] (Montpelier, Vt.) 1861-1865, 1861-12-31
GKtEN MOUNTAIN FREEMAN, DEC. 81, 1861.

ton is as important as it is difficult. First, the
belligerent captor has right to prevent the con-
traband, officer, soldier sailor, minister, mes
senger, or courier, from proceeding in his un-
lawful voyage, and reaching the destined scene
of his injurious service.
But, on the other hand the person captured
may be innocent, that is, he may not be contra
band. lie therefore has right to a fair trial
of the accusation against him. The neutral
State that has taken him under its flag is bound
to protect him if be is not con.raband, and ID
therefore entitled to be satisfied upon that i'm
portant question. The faith of that State is
pledged to his safety, if innocent, az its justice is
pledged to his surrender, if ne is really contra
band.
Here are conflicting claims involving personal
liberty, life, honor, and duty. Here are con-
ficting national claims involving welfare, safety,
honor, and empire. They require a tribunal
equals, the neutral and the belligerent state are
equals.
The Secretary then proceeds with an argu-
ment to show that, although there is no law or
precedent adapted to the case, and inconve-
nisnce may result from the delay incident to
judicial inquiry into the character Of the per-
sons claimed as contraband of war, yet he thinks
call unrrejudiced minds will agree that, imper-
feet as the existing judicial remedy may be sup
posed to be- it would be, as general practice,
better to follow it than to adopt the summary
one Of leaving the decision with the captor, and
relying upon diplomatic debates to review his
decision. Practically, it is a question Of choice
betu cen law, with its imperfections and delays,
and war. with its evils and desola'ions.
Having thus disposed Of this question Mr..
Seward proceeds to state the error that Capt
Wilkes made in the manner Of the capture,
which consisted in his negloct'ng to capture The
vessel, dispatche, and cargo of the Trent, as
well as the rebel commissioners and as this
neglect, according to the Secretary's argument,
made 1t impossible to try the question in the
courts, it was such an irregularity as, to use
law phrase, rendered the proceeding void, ob
initio, and made the act of Capt. Wilkes a tres
pass of which the English Government had u
right to demand reparation, as we should have
done under similar circumstances.
The Secretary then very handsomely and con-
clusively shows that this principle now claimed
with so much assurance by England, is only the
old American doctrine, and quotes from letter
of instructions from James Madison to Mr..
NJ, nroe, then our minister at the court of St.
James, IN 1904, as follows:
Whenever" he says, property found in a
! t~nl 10 I'D 10 hn XVI
ground to capture and condemnation, the rule
in all cases is that the question shall not be de-
cided by the captcr, but be carried before le-
gal tribunal, when u regular trial may be had
and where the captor himself is liable to DANA
ses for an abuse Of his power.
Can it be reasonable. then, or Just, that q
belligerent commander who is thus restricted,
and thus responsible in case Of nero property
f trivial amount, should be permitted, without
recurring to any tribunal whatever, to examine
the crow of Il neutral .essel, to decide the impor
tant question Of their respective allegiance, and
to carry that decision into execution by forcing
every individual he may choose into service
abhorrent to his feelings, cutting him off from
his most tender connections, exposing his mind
and his person to the most humiliating disci-
pine, and his life itself to the greatest dangers
Reason, Justice and humanity Unite in protest
ing against 50 cxtravagant proceeding
Mr. Seward has by this very able State paper
shown himself equal to the emergency, and has
made an exposition of the law, which ough, to
govern similar cases, for which this Government
has long contendcd and will be quite willing to
stand by. We now look forward with much
curiosity to sec how the English Government
will receive Mason and Sidell, with the State pa
per which gives them mp.