New-York daily tribune., 1861-06-22

ana war, arc cOnIruDhno VI hos o"N"'Ni"e
to circumstances. For example, provisions ore
not generally contraband, but may become SO
on account of the use to which they are put II
intended for the ordinary purposes of life, they
are not contrabaud. But, if. destined for the
army or navy, or to victual city or community
in a state of siege, or liable to be reduced or
wcakened-by want, they are coutraband. The
same rule applies to horses. If destined TOR the
pow, they are not contraband, but if for
cavalry, they are. 1t is the usus b'0ieas which
sends this class Of property to the list Of con-
traband. Hence, % q learned judge says, as
A" articles come into use ~ implements OF war.
(which were before innocent, there 10 truth
Z" ia tho remark, that as tho means OF war
"vary from time to time, SO the law Of nations
shifts with them" And, as Lord Stowell
decided, f" the King is bound to watch over the
safety of tho State, he may, therefore, make
:" new declarations of coatraband, when articles
" come into use as implements of war, which
were before innocent"
Let us now apply these woll-settied principles
TO the subject under discussion:
|. Slaves, according to the codes OF oil the
slayeboldng States. are absolute property. Judge
Stroud, an approved authority, declares that
slaves are deemed, taken, reputed, aud ad-
"judgcd in law to be chattels personal in the
hands of their owners and possessors, 10 all an
"tents, constructions, and purposes 'oh0tsoerer."
However Others may regard it, such is the law
of slavery in the rebel States; and they must
abide the consequences. Therefore, as mere
property of the enemy they are liable to seizure
and confscatioD.
9. Slaves are not only adapted to be- but it is
notorious that they arc used by tho enemy, not
az soldiers or hirelings, but as property, to dig
trenches, erect batteries, mount cannon, trans
port arms, and generally TO assist, like caynlry
horses and gun-carriages, in helping on the war.
| Hence. az implements and aids to assist in wag-
| ing hos,ites they are subject TO capture and
| cOnfscatOn.
3. As to being contraband of war, they belong
| to the class of linked" articles. Useful In
| peace as well as in war, it is the "sas tete'cH'
which cousiQus the slaves of the revolving States
to the list of contraband, like provisions destined
| TO the enemys camp, or horses for his cavalry,
| aud gives them over to seizure and confiscation.
This species of property, like every other rut
| 10 similar uses, when once confscated to the
| captor.aovernme is subject to ,s disposal, aud
cannot according to the usoges of war, be
restored to the enemy. As Chancellor Kent re-
marks. in . land-war, movable property after
| ." it has been in complete possession Of the en-
envy for twept .fonr hours, becomes absolutely
"his. without any right Of postlimiDy in favor OF
the original owner" And, according To Va'te
no treaty Of peace, uuless by special provision
restores such property to him. or compensates
him for its loss. On the contrary, as was de-
cded By Lord Stowcll, the Intervention of peace
clrrs all deiccts IN the title 0f the captor govern
msnt.
What shall be done with slaves in the seeded
States, captured by MS, or which come within
our lines and are thus, according TO law and
| precedent absolutely oursi The Federal Gov
erDIneut woIld never dream of restoring cannon,
shells, or horses. 10 tho Rebels, which came
into its possession under Ike circumstances. To
mako any discrimination in favor of their negro
property, taken in war, would br ny down upon
oar heads the scorn Of the civilized world, aud
the contempt even of the Confederate Conspira.
tors. What, then, shall be done with these cap
tured slayesi First let the Government couis
cate them, as it would many colnmbiads.
Secondly let it employ them 50 far as it can
make them useful; and having regard to their
dual nature, as man-properly, pay. them fairly
for their labor. Thirdly, when it has done
with them, or they become too numerous
TO be useful in the camp, let il not disgrace IT.
self by disregarding the laws of nations for the
benefit Of traitOrs, but walk up to the line Of
duty in the light of its own precedents, and LET
the negroes go whore they list. Jackson, Gaines,
Taylor and JessuP acted thus. in analogous i'll
stances, in tho War with Great Britain in
| leI2-15. and in the more recent war with the
Indans in Florida, Texas, and the West. Tie
Administration then in power approved their
acts, and Congress repeatedly refused to cOmpen-
safe owners for slaves lost or confscatcd aud
| set free in these wars Iu meeting the dread
which treason and rebellion have precipitated issue
upon us, the loyal States do not ash that any
discrimination be made against Slavery. Law,
precedent the enlightened opinion of mankind,
and our own sef-respcct demand that none be
| made in It's favor.
The case Of Nathaniel Gordon, Captain of the