Worcester daily spy. [volume] (Worcester [Mass.]) 1850-1888, 1861-12-30

Although il il not essr,1,iaI vol IL 3 -
to statn ~ do aIsn unn 70 pipPer
lief that the ownen and ogent and aII ,ha ~
cers of the Trent n,ludiny Tho cnn,ma,,da,
Williams, had knowledge OF the assumed
' No. 49, p,' =, i''o p1iso,,s oeiore
Your lordship will nuw perceive that the
case before us, instead OF presenting mere.
y nagrant act OF violence on the part OF
H. in.nn,,lato s,a,a,,e,t ~ Il ~" ~
the British government. was undertaken as A
simple, legal, customary aud belgerent pro-
ceeding ~ captain wilkes TO arrest ana
,.ortrahand nf war for the Hse and hona6t nf
the insurgents.
The question before us is, whether this pro-
ceeGing was authorized ny ana conducted ac-
II inynlyas tl,a ,oIiowin,, i,,,,ir;os
1st Were The nersons named and tbe;r
s,n,sod diS.,otnIaFl oo,1,,ab',Ha ~ 49,
81 Ninht C.n,,;, VIZ I,,.,rll,, nd
soar.h ne Trent r.. tl,osn co,,rahand ,orsnns
.yd Iionst,hasq
"a n;d ha ,,vor,.is, ,l,.t riob, IN l,n,,
o,5 ,,,,,,e, n,a,,,,ar9 " - -"
Ak Iayin,, tn,,J rho oo,tr.I.o,a ,,orscns
an I,oa,d ond in "re.nns ,,1ss4,s.ionF 81 ,ha
,n,trohsnd disno,rbes hnd Ne r;oh+ ~ can
tura H.. ,,.,s,,,,I F
5,b I5i1 ha e,.erc;se that ri,ht of oo,,t,,r, !,
IN, n,,,,4,, aIi .i md ra,o,s,;d hs 10 I
Of natinnsq
Mr. Seward decides in the affirmative all
these questions but the fifth which relates to
,i,a ,,,.,r,or t ,l,e saiy,ro ia ,l;.,,,,sso, .ho
poi"' Ia'seu ny TINS question III great lehSth,
and comes to the conclusion that it is not
proper to seize persons in that way on board
rou,raI vsssals tTo od,oits tho rocassit,, ne
regular anJuuica'loh Oh cohtraoahd queStlohs'
but sees more difficulty IN the way OF getting
Judgment against persons .han against things.
y.thoso COOS ,,n,, NO.. a,,;,,,;,-,, >, -.
'S0''''' W ''''' '"e
the captor ueclue me case on the deck OF
the prize vessel. lie says =
.'Phe cantor is armed the neutral i ,1rarm.
ed. The cantor is interested nreindirad and
nerbans yiolnnf-the neutral i trnlv ne,traI
is disinterested. slbdued and belniess, Thp
tribunal is IRRESPONSIBLE. while lis Indictment il
carried into instant exerutiou The @anturad
party is compelled to submit. though bound bv
no legal, moral, or treaty Obligation to acoui.
esce Renar,tion Is distant ani nrntlem,tiil.aI
and dement's at last on the iustice maonanimi.
tv or weakness of the staia in ,yhose habaIf
AMI Inv whose autboritv the c.nt,,ra ,,as mode
orr of thosa ,Iisnutes rnnrisais ma ,r,,s poo
essarily arise, and these are SC. frequent and
ueS.,G ctise tn"' II may wen oe uouoleu "letil
evil than all ,hat rnnli tollnw i tna bi;oor.
on, right 1T sC,,rrl, we're un;vers.lly ra,,onnned
and abolished fnrevar Rut carry Inc. cos., ono
sten f,r,Iar. What il tI,e sta,. iL,t bas ,,,ado
the capture unreasonably refuse to hear tho
that case the very act OF capture would be an
act OF war-of war begun without notice-and
possibly entirely without provocatl0n.
thlnk all uhpreJudiced mlhdS VIII agree
that, imperfect as tie existing Judicial remedy
may be supposed to be, il wonld be, as gen
eral practice better TO follow 1t than to adopt
the summary one oil leaving the decision with
the captor, and relying upon diplomatic de-
bates 10 review his decision. Practically 1t is
question OF choice between law, win It's I'M
projections and delays, and war, with lis evils
ana dissertations. Nor is II ever To be forgotten
thal neutrality, honestly anu justly pfeserVed,
is always the hafeinger OF peace, and there.
tore Is the common interest OF nations, which
Is 9hy say ing tilat II Is the interest OF htthall-
lty Itself.
IN The present case, capt wilkes, after cap
turing the contraband persons, and making
prize at Tue Trent, IN "lial seems 10 us per-
lectiy lawful manner, instead OF sending her
INTO port, released her from The capture, and
permitted her to proceed wilil her whole Cargo
upon her voyage. lie thus etectuaily pre-
yehled the judicial examination which might
Otherwise nave occurred Ii now, The capture
OF The contraband persons, ana the capture OF
the coniraband vessel, are to be regarded, not
as TWO separate or distinct transactions under