New-York daily tribune., 1861-06-22
CAPTURED sLAyEs-wHAT SHALL
UR DONE WITH THEM

The decison Of Gen. Butler, and its subse-
quen. approval by the War Department, 10 treat
negro slaves, in the Rebel States. as contraband
of war. or Us property which ought not to be
returned to the enemy, has arrested much atten.
t,on. Though generally approved ny nli "l-saes
in the North, it has been regarded in some
quarters rather as an artfu dodge around the
corner of difficulty than solemn determine
tion in matter Of international law-rather as
the picking of flaw in an indictment than,
under O. plea of not guilty, going 70 trial on the
merits. But, on critical examination, it will be
found that the radical principle which lies ut tbo
base of tLst decision springs from familiar aud
sound ma,ims of law. Negro slaves in the
States which are at war with the Federal Gov
ernment may be seized by it's officers. and
detained, and ultimately confscated, on three
grounds:
|. As mere property of the Rebels falling into
our bands.
2. As property used by them in carrying on
the rebellion; in other words, as implements Of
war.
3. As property contraband Of war;
1t is q well.settled rule Of international law
that all property of the enemy found within the
jurisdiction of q belligerent, at the commence
ment Of the war, or subsequently falling into h.s
hands, is forfeited to the captors. Not tnly is
this according to the ancient ussges Of war, as
defined BY such writers as Gfotius, Martens, and
BynkershOcck, but it has been affirmed BY the
Supreme Court Of tho United States. This
tribunal has decided that war gives ~ our Gov
A.
property Of the enemy, wherever found.
No principle Of law is more familiar than that
all weapons and munitions Of war, captured by
a belligerent, or fulliDg into his hands, are the
absolute prize of the captors. This rule en-
braces arms, powder, cavalry horses, aud every
species Of property uctually used in carrying on
hos.ities. All such may BIZ seized aud confs-
Gated, and unlike property not whrlke in its ma
ture, is never returned to the enemy or paid for.
Property cont aband of war is also subject 10
,ezure and coniiscstion. But, according 10 the
strict letter Of the term, contrabaDd" applies
only to such property as neutrala may be pre-
vented, by one belligerent from carrying to
another beigerent. Hence, the rucs which
ordinarily define and regulate trade in articles
coutrabaDd Of war, upply only inferentially and
by analogy to the case OF slaves owned in tho
revolting States. But certainly, public enemy,
with hom we are at war, cannot object if We
apply TO him the mild maIms whicn determine
when the property of neutral may be captured
and confiscated. According to these maxims,
the savos of the Rebel States are contrabapd;
and as such. liable to seizure and confscation.
Let US succinctly state the principles upon which
this latter proposition restt.
The authorities have differed az to what articles
are embraced in the catalogue Of contraband. For
three centuries there has been struggle On this
subject between those who have contended for the
rigorous usages Of war; and those who have favored
liberal commerce between belligerents; the former
to enlarge the List Of cOntraband com.
nodities, the latter, to diminish it. The principles
We shall educe as applicable to slaves in the Seeded
States are fully recognized BY such publicists and
ursts as Grotius, Pother, Vattel, Emerigou, Ward,
StOwell, Story Kent, and Wheaton. They include
the list Of contrnband Of course all articles made
'ypressly to be used in war, such as arms and an:.