Spirit of the age. [volume] (Woodstock, Vt.) 1845-1913, 1862-01-02
The Trouble with England

II aIp,ars from the British newspaper, that
the gouud upon which the British Government
objects to the proceedings Of Capt. Wilkes IL,
not that he stopped and searched the Treat. bit
that he did not also seize her and bring her ina
one of our ports for adjudication. Upon the
fret view Of this statement it appears to COM
mon minds supremacy absurd and rrcpoSierous
That complaints should be made. rcparation de-
manded and war threatened because Capt,in
Wilkes was too lcnient towards the ontodiur
vessel. But npon more mature consideration
and under the advice Of wise statesmen and
learned lawyers, very different impression il
received. George T. Curtis, Esq. one Of the
ablcSt lawyers in the country, in a communities
ton to the Boston Journal, shows hat Thu
objection 10 Ca pit. Wilkes course "is not a
mere matter Of form, but THAT it i, matter Of
very serious and important subs'auce." He
writes very sensibly, as follows:
Every maritime nation has, as part Of it, IT,
dicial system, what is called Pile Court.
rho special function Of which is 70 adjudicat,
on the lawflncss of all seizures made at sea h,
the cruisers OF ;hnt nation when it is at war
These courts are not only bound to adpini>tc,
the laws Of nations 10 cases Involving the cor.
hicting rights of different nations. hnt their a..
Indications in cases Of capture are binding "
on all parties Interested. unless they are tain-.
ed with Fl aud or gross mistake BENZ thus inter-
posed betN cen the nation making seizure and
the nation aggrirved by that SEIZURE. and pro.
ceeding always upon solemn proof and argu-
rnent of the meter in controversy their fnnc.
tions are essential to the preservation of peace
Accordingly, il has always b,cn the law OF the
world, since maritime warfare has been govern.
cd by settled principles, that every cruiser
making a seizure, whether Of things belonging
to an enemy or a neutral, and whether on board
Of an enemy or neutral vessel shall bring
that vessel in and subject the awfnlncss Of the
seizure to adjudication in a Prize Court. There
is one excuse only, that can be set up in ins'iti
cation Of future to hiring in a vessel. and that
occurs when the cnptors have not sufficient
force to put proper rrizo crew on board the
prize for they have no authority to compel
the crew Of the prize to navigate her themselves.
In the case of the Trent, this rule has not
beon complied with. by the act of our own
officer, we are without the means Of showing the
lawfulness ofthc seizure in the only mode known
10 the law OF nations If we had any cause for
intercepting and selling Mr.. Mason and Mr.
: idell, on board Of neutral vessel, goi ~ from
neutral port TO neutral port, it must have
been because they were either enemy amhassa-
doris or fugitive traitors. Suppose they were
bots the lawfuiness of Selling them from
neutral vessel is the matter in dispute, and We
can Justify it only bccou.e the pubic law gives
benefit Of one part OF that law. which We say
sive1 us the right to make the capture. and re-
Jet the other part which prcsarihes the mode
Of making the capture, and the mode Of esiab-
fishing its 'awfulness when made.
When, therefore. England says that she can.
not consent to have the proper function Of
Prize Court set aside nv The seizure Of person
or thing from one Of her vesscs. followed by
no adjudication, she says thing Of the utmost
Importance 10 every maritime nation in the
world. This is her real case ; her whole case.
and it is one which will place all Europe on her
side, If she presents il in the attitude prorerly
belonging to it, II she says to the President.
II can ,nt discuss with you the MwuncSs o,
this seizure. for you cannot adindicaie it and
n, there is now no possibility Of a Judicial deter
o.inatiGn restitution Of the men can alone repair
he wrong Of which | complain what answer
hal we make. or compel the President to make? ,
Not I trust, 10 give Lord Lyons his passports
,ut rather to see If there is a reason sufficient ,
o the eye Of the law, for having placed our. :
slees in po'lti9a where re canAft .iTe 10