The New York herald., 1861-12-30


s sstemeas Of II adopted by the British government
mttsd.
proceed g tho fourth inqairyn.msly having found
tne sp0otod cOnruband Of board the Trent had
Captan wfkea right TO capture the sames Such CAP
tnre Is the chief not the only recognized object oi
the permitted visitation and search The principle Of
the law IL that tho begerent exposed danger may pre-
vent the contrAband persons things from applying
Or being applied to the hostile uses Or pur-
poaes designed. Tho law Is so very liberal In this
spect that whom contraband found on board neutral
not only Is the contraoand forfeited, but the yes-
sol which IL tho vehicle 6 It's passage transportation
oeng tainted also becomes conraband and is subjected
| TO capture and connscation.
WHY Vny sns a.h question rsmains-nsmsly dd Captain
con omty with the law or nationss is just here that
tho diho atiss Of tho case begin Is the manner
which the law Of nations proscfbes for disposng Of tho
contraband whom you have found and seized board
| OF tie neutral vesself vt
Tho answer would be easily found II the question were
what you shalt do with the contraband vessos You must
ndiosi prosecution there's IN admiralty, which viii
and decide the questions Of bellgerency neutrality,
contraband sad capture. &c. again you win promptly
nnd the ssmo answer the question were, what Is the
manner Of proceedg prescribed by the Law Of nations in
regard y the contraband bo proper or things OF
material Of p cunsry value?
But the estion here concerns the mode Of procedure
in regard not to tho vessel that Carrying tho
saban things which worked the forfeiture OF the
| but TO oonsraband persons.
The books Of law dumb. Yet tha question i'm
portans ~ II ID difcut First, the belgersnt captor
bss right to prevent the couvsband officer, soldier
sailor minser messenger or courier from proceeding Ia
his unlawful voyage and reaching the destined Of
hts Injurious service But tho other hand the per-
500 captured may be innocsnt that i he may moi be
c0nrAband He therefore has right 10 fair trial Of
the accusation against him. The neutral that has
taken hin, Under ts flag bound 70 protect him II no II
not and therefore entitled to be aatisded
upon that I'm oftant question Tho faith ~ that State is
pledged TO safety II innocent its Justice pledged
his surrendcr II he Is really contraband. Here
Aicng claims, Involving personal liberty le honor and
welfare safety honor and empire. They require ri
Snnal and trial The Ca esors and the captured ars
Whis tho law authorities found silent, sug
eesicd at an carly day by this government that you
should take the captured persons into aconvcnsnt port
and institute judicial proceedings there to try
tho controversy But only courts OF admiralty
courts have form las to ~ only claims to
contrahand chsttels, but none TO try claims con-
corning contraband crsons The courts
pr ce and render Judgment in favor Of or against
Ett alleged contrahand neii
IT re lied, all this n true; but you can reach in
those courts 60 isinn Which III have the mora, Weigh
o ndoiai re. by circuons proceeding convey tho
saspec cd aen together with the suspected vessel
port aud ty tlcre tle question whether The vessel IL
nrtband, yNn can prove it TO be SO by proving the
suspected TO be conraband and tho nnst then
delermne he vessel 20 be 4 ntraband.
II Tic men not contraband the vessel win escape
con cmnat n Sill there is no judgment Tor against
tho captured petsols l,ut ASSUMED that there
wopd result from thu determination Of tho court
corning tho vessel gal certainty concerning the char
actcr q the This OF proceeding seemed open
70 many Oh eciious. 1t elegatcs the Incidental interior
ivate ute into The proper place ~ The uaiu para
M nj " bic one, and pos sby j, may make he orlsg
the cy or the ex,stence o nation depend the
fants of merely personal and peouniary litigation
,pon tho lawfness Of tho ca ,surc or he yessel i
rendered, IL really concludes nothing and binls neither
tho blig rent stale the neutral upon the great Quos
lion Of ihs Opposition 10 DO made Of the capnred conira-
bard psrspna That quoa ion is siil to be really deter
mmod, " ~ all, by diplomatic arrangement or ty
One may well express his prise when told that eiaw
Of nations has furnished reasonable. practical
and perec mode than Ibis Of determining qr.stious or
such grave ni:oft bctwear sovereign pwers The re-
gre Eel on tie occasion iS, eyef cicss fuodi.
lied by The reflection that the dic lily IN moi aisethor
anomalous. Similar and aqua, doaaeuslcs are founh
in every system " nGnci al law. especially II The
system whi,h exists tho greater portions cf
Great Britain and tho United States. The Tito 70
personal property hardly he resolved y court
without rtng to hc fiction that Tho claimant In lost
and the pe has ound and the ,,t!a estate
is disputed by real gan under the al imagaa-
~ y sorn u nus be confcsstd, however ihat While
all ass evcd nftiols demand aud all impartial
cedc the pss' of form, Of judicial in de
&c ninns thr characters n rn cahand persona oiher
rrn tlisn tho illogical and cirruops ths descrhed
cyis'e nor ha, any other yet BON suegvg;ed, p,ac
tcay lhs'cioIe tie choice il between judicial re-
Inedy No Andio al remedy Nhatcvcr.
u Ia 30 hc 10 jndcA rcnesy, ha result i That The
cpcsti n mi - b. datertt cd Iy tcea.ter ta,f "a tho
dsc; o ha prize vessel. Very grave objections arise
assnss asch course. Tue capssr is nrm.thn ncu..sl
i anamci. The cartor IS interested, prciGi,ed aad
rested sndued saa helpless Te Tribunal Is rses, Gus.
Bile whi,o iis iudgmoal - carried nsa nsan. execution
haoos LS S'sga M IsFty cS0e, ,v % snSr; ,aonsa
acqucscr. Rspa.alsu i distait ana otiasnai.-
ca'. ant depends at as' ca the jasioc, m,gaa.
ain,:sy u weakness q The state ir whose b.
h.G ard ~ whusc anthoiity thp csp,urr wns naee.
CUT oG tsce disputes rc?-isais aud necessarily
arise, and tho<e 'e .et aah dos tructs that II
ay wci be doubted whethcr ,s form OF reacty IL rot
gjealrr >oc,al evil than nj, thai cu!d follow IL The
heecrcn, right OF search were uni. ersay rcnounrei
aud sail-licd forever H carry the step
ther-Wl IL if tho STATE ,ha. has made the capture
rn.esonay .entsc e hear tlc complaint Of the neutral
Il, that ~,