Bedford inquirer. [volume] (Bedford, Pa.) 1857-1884, 1862-01-10
BEDFORD. PA. FRIDAY. JAN. 10. 1862


the way most satisfactory to this Government
These facts are that at the time the transac-
ton occurred an insurreotion was existing 10
the United States which this Government was
engaged in sunpressing by tba employment of
laud aud naval forces; that in regard to this
domestic strife the United States considered
Great Britain as friendly Power, while she
had assumed for herself the attitude Of neu-
trail; end that Spain was considered in the same
light, and had assumed the same attitude as
Great Britain.
1t has been settled by correspondence that
the United States aud Great Britain mutually
recognized as applicable to this local strife
these two articles Of the declaration by the
Congress ot Paris in 1916, namely, that the
neutral or friendly flag should cover enemy's
goods net contrAbaud of war, and that neutral
goods lot coBtrabRnd Of war are not liable to
capture under an enemy's flag. These e1cep
tions CT contraband fFem favor we're a negative
acceptance by the parties cf the rulo hitherto
everywhere recognized as part of the law Of
nations, that whatever is eontraband is liable
to capture and eohfssasion ia all esses.
James III. Mason and E. J. McEarlana are
citizens Of the United States, aud residents Of
Virginia. John Siidell and George EusIis are
citizsns Of tue United States aud residents OF
Louisaua. Il vas well known as Havana
when these psztiea esabarled ia the Trent taat
Ianss NJ. Mason was proceeding to Eaeland
n the affected character Of Minister Pienl-
I potentiary to the Court Of st. James, undcr a
! pretendra commission from Jefferson Davis,
/ who had assumed to be President OF the insur-
rectionary party in the Uai,ed States, and 4.
/ j. M4ciarland was going With him in Ike IN
real character Of Secretary of legation to the
/ pretended mission. John Sltdcll, in similar
circumstances, was going to Paris as pretend.
ed Minister TO the Emperor of the French, and
/ George Edstis was tho chosen Secretary of l4a-
cation for that simulated mission. The fact
that these persoas had assumed such characters
kas been siaca avoged by the sama Jefarsoa
9ayis III q preteudea message 70 au unlawful
BAD insaFreetionary Congress. Ii was we
gshiuk, rightly presumed that these Ministers
bore credentials and Instructions, and such pas
II pars arejn toe law known as dispatches. We are
informed by our Consul at Parsthat these aes-
patches, haliag escaped the search OF the Treat,
e7era aosu&isg ccpgeyed an delivered 10 the
efnissaries of the igs1r.ecsice ia EGgsxas, -
Although il is not essential, yet it is proper 70
state, aa do also upon Information aud be,
lief, t5at the owner and agent, and all the Off
GERS Of tie Trent, including the Commander
Williams, had knowledge Of the assumed char
acters ana purposes oc tho persons before NAM
ed, when they embarked on that vessel
Your lordship viii new perceive that the
cases before us, instead Of presenting mercs
/ IL lagrant act Of violence on the part OF Capt.
/ Wilkes, as might we'll be inferred from the ius
conipete statement OF it that weat up 10 the
British GoyefDment, was undertaken as a siui-
pie, legal and customary belligereDs proceeding
/ by Capt. Wilkes to arrest and capture nea-
trsl vessel engaged 10 carrying eontraband Of
war for the use md benefit Ct iha insurgents.
The question before Us is whether th:s pro-
ceeding vas authorized by and conducted acc
cerding to tho Law Of nations. Il involves the
following inquiries:
lst. Were the parsons named and their sup
posed despqtches coutraband OF wars
q. Nigh, Capt. Wilkes lawfully stop and
! search the Trent for these contEa6aad psEsong
aad dcspalahes
81. Did be exercise the right ia lawful,
proper manuer2
4th. Having found the contraband persons
on board and in presumed possession Of the
oontrataud despatches, had be right to cap
ture the pefSonSE
j 9Th. Did he exercise that right Of capture il
the manner allowed and recognized by the la#
/ Of nations2
Ii all these inquiries shall be resolved in tie
Affirmative the British Government will have
no claim for reparatioR.
address myself to the FIRST inquiry, name
II, we're the four persons mentioned, and their
supposed dispatches, contraband2
Maritime Law SO generally deals, as its pro-
fessors say, an rem. that is, with property, and
80 seldom With persons, that It seems a strain,
ing Of the term oontraband to apply it to them
But persons, as we'll as property, may be con-
trabaud, sincs the word means broadly soon
trary to proclamation, prohibited, illegal, uu,
LAWFUL"
All writer's and judges pronounce naval OIL
military persons ia the service of the enemy
contraband. Rattel says war allows US to cuI
eff from an enemy all his resources, aud to hin
der him from sending ministers TO solicit as,
sistance. And Sir William Scott says yol
ulay stop the ambassador of your enemy on hi!
passage. Dispatches are net less clearly con
trabsDd, aud the bearers or couriers who under.
take 10 carry them fall under the same con
demnation.
A suhtety might be raised whether pretend
ed ministers Of aa usurping power, bat rocog
nized as legal by either the belligereEt or neu
tral, ,scould be held to bo contrabaDd. But i
would disappear on being subjected to what is
the true test in all cases-namely, the spirit
of the law. Sir William Scott, speaking O
civil magistrates who were arrested aud detain
ed as contraband, says:
"lt appears to mo on principle to be bu
reasonable that when il is of sufficient import
anea to the enemy that such persons fhsll b
sent out en- the publia service at the public
expense, it should afford equal ground Of for
feiture against the vessel that may be let on
for purpose so intimately connected with the
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