Daily intelligencer. [volume] (Wheeling, Va. [W. Va.]) 1859-1865, 1861-12-31

: i
isuppressfngt by tho empl oyment ffHndand
NAVAL forces; that in regard to this domes-
lite strife the United States considered Great
Britain asa friendly Power, wtiee she had
tfassumed for herself the attitude of a neu-
tral; and that Spain was conside in the
same light, and had assumed tile same at
titude as Great Britain.
II had been settled by correspondent
that the United States and Great Britain
mutually recognised as applicable to this
local strife these two articles of the decla-
ration made by the Congress of Paris is
1856, namely, that the neutral or friendly
flag should cover enemy goods not contra
band of war and that neutral goods not con-
traband ofWar are not liable to capture un-
der an enemy's flag. These exceptions of
contraband from favor were a negative ac-i
lceptanee by the parties of the rule hither-s
to every where recognised as part of the.
law of nations, that whatever is contraband
is liableito capture and confscattonl in all
cases. sl9tsTss.tl
James N. Mason and E. ]. Mcfarland
are citizens of tho United States and resi-,
dents of Virginia. John Slidcll and George
Eustis are citizens ofthe United States and
Presidents of Louisiana. 1t swell known
at Havana when these parties embarked IN
| the Trent that james n. Mason was pros
ceeding to England in the affected charac-
ter of a Minister Plenipetentiary tosthe
Court of st. James, under q pretended CONF
mission from Jefferson Davis, who had as
sumed to be President OF, the insurrection-'
airy party in the United States, gnnd r.. J.
cFarlnnd WAS going with him in q like
unreal character of Secretary OF Legation
to the pretended mission. John Slidell, in
similar circumstances, was going to Paris
! as a pretended Minister to the Emperor of
1.-The French, and George Eustis was the
Echosen Secretary of Legation for that sim
ulated mission. The fact that these per-
sons had assumed such characters has1b been
since aYowed by the same Jefferson Davis
in pretended message to anunlawful and
insurrectionary Congress. 1t was, as we
think, rightly presumed that these Minis
tiers bore pretended credentials and instruc-
tons, and such papers are nthe law known
as dispatches. We are informed by our
Consul at Paris that these dispatches, hay
ing escaped the search of the Trent, were
actually conveyed and delivered to ennis
saries of the insurrection in England. AL,
though it is not essential, yet it is proper to
state, as l do also upon information and
belief, that the owner and agent, and all
the officers of the Trent, including the Com.
mander Williams, had knowledge of the as
sumed characters and purposes of the per-
sons before-named when they. embarked on
that vessel. a.
Your lordship will now perceive that the
case before us, instead Gof presenting q
merely fagraut act of violence on the part
of Captain Wilkes, as might we'll be infer
red from the incomplete statement of it
that went up to the British Government,
was undertaken as simple, legal and GUS.
tomary belligerent proceeding by Captain
Wilkes to arrest and capture neutral yes-
sci engaged in carryi ng contraband of war
for the use and benefit of the insurgents.
The question before us is, whether this
proceeding was authorized by and con-
Quoted according to the law of nations
1t involves the following inquiries:
1st. We're the persons named and their
supposed dispatches contraband of war;
I'd. Might Captain Wilkes lawfully stop
and search the Trent for these contraband
persons and dispatches?
Sd. Did he exercise that fright in lawful
and proper manner2
4th. Having found tho contraband per-
sons on board and in presumed possession.
of the contraband dispatches, had he a
right to capture the persons
9th. Did he exercise that right OF cap
ture in the manner allowed and recognized
by the law of nations? 4s
IF lthese inquiries shall be resolved in
the affirmative the British Government will
have no claim for reparation.
address myself to the first inquiry,
aamely, were the four persons mentioned,
and their supposed dispatches, contra
band2 sa5d 4g
Maritime law so generally deals, as its
professors say, IN rem, that is, with proper
ty, and so seldom with persons, that it
seems straining of the term contraband
e. A. DIT rFJ wall
as property, may become contraband, since
the word means broadly contrary to proc
lamation, prohibited, illegal, unlawful
All writers and judges pronounce naval
or military persons in the service Of the
enemy contraband. Vattel says war allows
Ius to cut off from an euemy all his re-
sources, and to hinder him from sending
ministers to solicit attendance. And Sir
William Scott says you may stop the am
bassador of your enemy on his passage.
Dispatches are not less clearly contraband,
| and the bearers or couriers who undertake
to carry them fall under the same condem-
nation. r..
A subtlety might be raised whether pre-
tended ministers of an usurping Power,
not recognized MS legal by either the bel
\ ligerent or the neutral, could be held to be
contraband. But it would disappear on
being subjected what is the true test in all
cases-namely,..to spirit of the law. Sir.
William Scott, speaking of civil magis-
trates who were arrested and detained MS
contraband, says:
at appears to me on principle to be but
Reasonable TINT when it is of sufficient inn
portance to the eIemy that such persons
shall be sent out on the public service at
the public expense, it should afford equal
ground Of forfeiture against the vessel that
may be let out fur purpose SO intimately
connected with the hostile operations. Z
trust that / have shown that the four
nersons who were taken from the Trent by
Captain Wilkes, and their Dispatches were
4 contrabnnd of war: ~
The second inquiry is, whether Captain
Wilkes had a right by the law of nations to
detain and search the Trent2
The Trent, though she carried mails,
L no q n cnntrn ct or m orch mt yessal-a COM