New-York daily tribune., 1861-12-30
taken as simple legal, customary ard be'hsefen'
proceeding by Captain Wilkes, to arrest and capture

a
a nentraI vessel engaged IN carrying ccntaosho vi
war Tor the use and benefit Of the insurgen's. -.
Tie Question before ns IT, vhstl er this proceecing
was on'horzed by, and conducted according -, 'No
law Of nations.
Il involves tie following inquiries:
FIRST; Were The persons named and tbeirsupposeo
disratehes coutrsbaud Of war;
Scroad; Might CAPTAIN Wilkes lawfully stop ard
search the TrSnt for these coLtraband persons aLo
dispachcsl ,
proper manner.
Fourfh: Havirg found the contraband persons on
board aud in PIE .umed possession OF the cOn'ssaho
dispatohes, had lie rigt to capture the persons :
Ff6h Did be ercise that night of capture IN the
manner allowed and recognized by the law oi Va
tions
If ell these inquiries sha be resolved 10 the affirm
alive the British Government will have no c-aim
for reparation. -
I address myself to the frst inquiry, namely:
Were the four persons mentioned, aud their sup
posed dispatchee, conraband
Maritime law so generally deals, as its professors
say an rem, that is, with property, and TO seidoh
with persons, that it SCENE srninng OF the term
coniraJaud TO apply il to them But persons as well
az property nav become contrabaDd, since the ~otd
means broadly, "eontIary TO PROCLAMATION, pro,iio'
tied, illegal, rnlawinl." All writers and judges
The efemy contraband. vatiel says, war sllows us
to cut of from TN enemy all his resources, and TO
hinder him from sending ministers TO solicit assist
ance; ani Sir Williacl Scott rays you may stop tne
en- mbassedor of your enemy Oh his passage Dls-
uaicbes are not lees clearly coEtFablni, and TIE
bearers or conrers who undertake 10 carry ineui
tall under the same condemnation. -,
A subtle,y might be raised wheiher rretenoea
ministers Of a usuning power, not ~ ;'sniDed ns
legal by either tie telgerent or the n,u''.i conl9
be ield to be contraLaDd. But IL wOaid disappenr
ON being subjected 10 villa, is tie true te,i Ia all
tlae t.f,ff af lg l.xC- "A
Scott, speaking of civil magistrafcs who were m
rested and detained contrabsnd, Gays; II ap
tears to ue on prnciI 10 to be but re- soiEbe That
when il Is &C sui lent importance to The enemy 'nal
such persons should be sent out Oh IL, pahhc service
nt the public syIense it should siOrd equal ground
OF forfeiture aluiust the weasel that may be let out
FOR purpose 70 intimately connected with the Log
tile operaliops.'
trust ths, have shown that the four persons
who were taken from the Trent by Capt. Wilkes,
and their dispa'ches were centrsoand of war. ibe
second inquiry IL, uhether Capt. Wilkes bal night
by tls law Of nations 10 detain aud search Tie
Trent.
Tue Trent, though sbe carried mail', was con-
tract or merchant ye.se coluon carrier Tor pre-
Maritime law knows only three classes OF vesseis--
vessels Of war revenue se tc.s, and merchant YES
tels, The TrsUt falls within the hitter clas-.
Whateyer disputes have existed concerning risht
Of N.i,ation or fearch H. tHe of peace, none, Il Is
supposed, Las existed IN hoaesn times about The
hts Of begerent In time ~ war TO capture con-
traband in neutral aud even friendly merchant ves-
eels and Of The right of visitation and search, In
oroer 10 deieipe neither they are neu mi aid are
docuuented a. such ordeg 10 the law Of nAiOns.
| aSsume IN the present tsse what, as READ
Brii-h authorities + regarded bv Great Britain her
self ns true maritime law, that lie circumstance that
the Treut was proceeding hoD a neutral yort to
AuotLer neutral port dves not mocHy ire iishs OF
the beliigerent ciIt,r. emu,
Tie lnifd question IA, whether CAPT "nHes eA-
erei.ed the right VI search In ihwini ana proler
manner. II any doubt hung over this point, az ire
cas-. wac pres ni.d In tie statement of it adolt d
by lie Br!ti-h GoyeTumeat thiLk II must have 81.
rssdy rassed away Lefofe the notifications OF that
stateuent which have already submiiief.
proceed to the fourth inquiry, samely: Having
found the suspe.ted cnnlIaband OF war On board TIE
Trent had Capt. Wilkes right TO caItafeth same
Snch n capture is ib, cli-f, Lot Tie only reeog'
nAed Object Vi tue Iermiited vsiiaiiou hnd search
Tie pineiple OF tie law s that toe leigeieut eA-
posed to danger may prevent tie cont sband ier-
sous or tiilgs from applying tlem.slvos or beng
applied ~ the hostile ute- OF purposes desigEed. Tie
law very literal 10 thi- ier eci that w,en con-
tnband s found ON board neniral Nesssl, nos obly
is tie cciirabaud lorfeiisd boz the ye-se. which 10
/ the vehicle II lie Iassgo or transportation being
tainted ao tecorres coDtfabguG, ard II sul Jectct
! 20 capture and coniiscatiou.
! OHly the hith question remsinA, namely; Did
! Capt. Wilkes exercise the night Of capturing the
]
Il IL ust hare that the dilhcnls Of the teg.o.
! Wbai |. the manner which the law OF nations pre-
soribes for dirposing Of the contrHbdnd when you
lave found and seiked Il Oh board OF the neutral
vers.ll
The answer would be easily found il the question
were what you shall DO with tine oonlraband vessel.
You must take send her into convenient port
and subject Der 10 JUDICIAL prosecu utiOn there Ia Adj
mirsity, which viii try and decide the questions OF
bel'igerency, neutrality, coDtraband and capture.
~ again you would promptly find the same answer u
the question were WHAT is the manner VI proceed
ing p escrbed by the law Of nations In regard To the
absnd, il be property or things Of material or
yerunisry value
But the question here concerns the mode OF pro.
oedure in regard, not to the vessel that carrying
the contraband, nor yet TO the contrtand things
which worked the forfeiture Of the vessel. tut 10
coLtraband persons.
The books OF law arc dumb; yet the ques, ion 1,
important il Is difficult First the beli gere mt
csptor has right TO prevent the contrabaDd officer.
soldier, sailor, minister. uesseUger, or courier, IRON
proceeding in bis unlawfdl voyage and reaciOg the
desined scene Of hs injurious service. But, on the
other hand, the person captured may be I'M ooent-
that Is, lie may not DO contrsband lie therefore
has right 10 fair trial VI the accusation against
him.
The neutral State that has taken bin under its
flag IL bound 10 protect him II be is not oontTaband
and is therefore entitled to he sstsfed upon that i'm
porant question. The faith Of ths, State is pledged
10 DIS saleT lhhOceht as lb Jusuce 10 ploiged 10
bis surrender, ifhe 10 really cOntrsband. Here are
conflicting claims, involving personal liberty, life,
honor, aud duty. Here are conflicting national
claims involving welfare, safety, honor, snd empire
Tley require a tribun1 and trial. The captors
and the captured are equals tie neutral and the BEL
lgerent State are equals
While tue law authorities wsro found SILENT IL
was suggested at an curly day by thr Government
that you should take the captured porsons into
convenient port and institute Judicial proceedings
there to try tho controversy. But only Courts OF
Admiralty have jurisdiction N maritime cases, Gud
these Courts have formulas TO try only claims TO
contraband chattels bat none TO Try claims concern.
ing contrahand persOns. The ConrtA can entertain