The Burlington weekly hawk-eye. [volume] (Burlington [Iowa]) 1860-1876, 1861-11-30

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pfhostility on thspart Of the neutral which q
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tsro@ sne Nss'onal inssinssaosfj
n The reader VAL and In smother part Of to-da!
]. Iutslligspcer the annosnceaaspt i0f lie captu
g! hessrh Mason end 6lidsI, knyoys Of q
( rUoofederate 6tates' 70 the Govefnmeuts
n Gseat Britain and Francs. Found By Oapta
Wilkes, q the United States steamer 6an J
:, tinte, ON board the British nail steasner Ifep
sil which, on her passage from Htvana - Enelan
vss overhaUled in the channel Of tAe BsbaMa
I ehs two distinguished Commissioner were TAKE
tn- custody BY that officer. and having bes
transferred to his vessel, wefs brought, in q
Y dnt place, 20 Fortress Monroe, and thence tran
Postsd 20 New York. 'e' s9ga5s i Jas @ge'
~ 6seh esiag the facts IN Tie eaee, whether Gap
|. Wilkes astsd with o. withoat The orders Of q
II
lfthe grounds BY which Shie spsoceeding b Just
id,6ea b Tie Night Of internasional Law; fos, hov
eyer exPedient mayssem the sdccess kaiied b
the arrest abd fdstention Of these. Confederas
firepeeeentatives. whether regarded in point q
Tpolitical or military strategy, Il would ~ deafi
Epnrchased at the cost of . single principle 4
4 that public morality whose rules govern. o
I4A0dld govern, the conduct Or civilized IN
Christian States in their mutual intercourse Il
peace and In war. ~ shsN.'a - 'se. 4, !.
# Those, therefore, who are not already familia
with the principleGinvolved In the proceeding o
Capt Wilkes, will learn with interest that It i
fully justified by the rules Of International Law
% those rules have been expounded by the mos
illnstrious Britishiurists, and compiled BY th,
most approved writer's on the Laws of Nations
So far from having transcribed the % Fefs' viii
which he was clothed BY that code. Cart Wilke1
did not exhaust the full meas1te ,oY his Authori
y, for he not only had IN nhd6ubfed ffiighta "a
arrest these Ambassadors" " the COME detste
Government ON their passaee foI oEnTr6nes 6SSi
might have justly captured TIE vessef on Which
they were found, and brought her Into port to be
condemned DC lawful prize. ~ ~ :
The points Of public Law involved in the case,
and on which It turns, are as follows: ="
r. !. The right OF visiting and searching mer-
chant ships on Che high seas, whatever Sc the
ihcontestable right Of the lawfully commissioned
cruisers Of a delig0aa nation. Being purely
beiligerent right, essential TO the capture Of en-.
emy's property and the discovery Of contraband
OF war on DO I'd Of neutral vessels, it is, from
its very nature and definition, incompetent to
a state Of peace, but accrues to each beliigerent
on the outbreak of war. =
2. To engage in the transportation Of militia
ry persons, bearers Of dispatches, and despatch,
es themselves, is of the same nature With TIE
carrying of contraband goods, and vessel 90
engaged in the service of one bcllgerent is cub
ject to capture and confiscation by the other
bassador Of the adverse belligerent, If found at
sea in neutral vessel on his passage, and
therefore before he has arrived in the neutral
country, or has assumed the functions Of his
Office near the Government to which he 10 ac-
credited. But when he has arrived and been
admitted into his official relation, he is protect.
ed by his representative and International char
acter.I ~ eaa .e.- thsi-
4. The fact that the voyage is made to neu-
trai port does not change the legal character Of
the transaction, where contraband Of war-in-
GLIDING of course military persons, dispatches,
and their bearers-is found on neutral vessel.
These principles are believed to cover COM
pletely the case presented by the capture of
have been correctly stated will be seen in the
following citations from wheaton's elements
OF international Law" We quote from the
edition OF 1855: ~
"fhe right OF visitation and search of neutral
vessels at sea is beligerent right, essential to
the exercise OF tue right of capturing enemyb
property contraband of war, and vessels com
hitting breach OF blockade.
"fhe international law on this subject is ably
summed up by Sir w. Scott, jim the case of the
Maria, where the exercise of the right was at.
tempted to be resisted by the interposition of q
convoy OF Swedish ships of war. In delivering
the Judgment of the High Court Of Admiralty
in that memorable case this learned civilian lays
down the following principles of law:
u. That the right of visiting and searching
merchant ships on the high seas, whatever be
the ships, the csrg0es, the destination, il an in
contestabie right OF the lawfully commissioned
cruisers of a belligerent nation. say, be the
ships, the cargpes, and the destinations what
they may, because, till they are visited and
searched, it does not appear what the ships or
the destinations are; and it is for the purpose Of
ascertaining these points that the necessity Of
this right of visitation and search exists This
right is 30 clear in principle that no man can
deny it who admits the right Of maritime cap
ture; because if you are not at liberty to ascer-
s~'A' - SuAAsSsShs u4NHy WuCtiiCT IuCEC 10 pCOp"
erty that can be legally captured, it is impossible
to capture. .'"-(pp. 687-s.) 2a
"The frsudulently carrying the dispatches O
the enemy will subject the neautral vessel in
which they ARE transported to capture and
eonscation. The consequences of such service are
iadJinite infinitely beyond the effect of any eontra-
band that can be conveyed "The carrying of two
or three cargees Of military stores" says Sir w.
Scott, sis necessarily an assistance Of limited
nature; but in the transmission of dispatches
may be conveyed the entire plan of campaign,
that may defeat all the plans OF the other belli-
gerents IN thst. quarter OF the world. II is true,
as as !. mas peeH sa,o' tnst one oa" might take on
Suar.ea .ne AiNo' ano might produce the most
uisasterous ehec's IN campaign; out tnat Is
.SnSsqu.uce .S 80 remove ana accidental tnas' IN
" sso sonssmplauon .. .huran events, !" Is so!t
~ ..,' ..."eseo.h' a quaney y, "n,cn no account Is
ss. .ha.; ana sne pasc',Ge mas ocen aecoId.hgly
sa. "a 's0'e qoantlties oniy tnas tue
"asa 0s d..",. .o"s.ao.nu ,s c1asempa!eo Inc
sHs. s;.,. =. Isi,. very ulnssht; 'mpos
s.o'e W i'.nls sIel 20 30 sma', SIZE as NOT 10
Oe u.p.o,e VI p'oaac.ng !ne most lmpor'ant con
.qusnses .sIr.sas . ss'"ce' 1serSo'e' ee,e"' ~
utceceT 0cyJeo2 u oISN&, eau O7HH Oe cO1Sl0efeQ IN