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


The second inquiry is, whether Capt. Wilkes
bad right 5y the law Of nations to detain and
search the Trent?
The Trent, though she carried mails, vas a
contract or merchant vessel--a common carrier
Tor hlFe Maritime law knows only three
classes of vessels-vessels of war, revenue YES.
sells and merchant vessels. The Trent falls
within the latter class Whatever disputes have
existed concerning right Of visitation or.search
IN time OF peace, none, it is supposed, has ox-
listed n modern TIRES about the right of a
beillgefent in tims of vsr 10 capture contra.
bands in neutral and even friendly merchant
vessels aud Of tue right ofvisila,icu and search,
ie order to determine whether they are neutral,
aud ere doeuDeated as such according to
the law Of nations.
lassume, IN the present. case, What, as
read British authorities, il regarded by Great
BRIAN herself as true maritime law; that the
circumstance that the Treut was proceeding
from neutral port to another neutral port does
not modify thu right OF the belligereut cantor.
The third question is Whether Capt. Wilkes
exercised the right of search ia lawful and
proper maancr2
II any doubt hung over this point, as The
case was presented ia the statenlsat Of II adont.
ea oy the british GoyeFnmeGs, ttiuk II must
itaye already passed away before the modidea-
tlans OF that statement of it adopted BIZ the
British Goyernment, | thinl, it must have al
readY passed away before the notifications Of
that statement Which have already submitted.
proceed-to the fourth iGquiry, uamsly
Having found the suspected ooutra baud of
var oa board the Trent, had Capt. Wilkes
right to capture the same
Such capture is the chief, if not tho only
Eaeoeaized ohjeet OF visitation aud search.--
Fac principle Of The law ls ;has 5eisigerent
exposed to danger may prevent the contfabsnd
persons aud things from applying themselves
Or being applied to the hostile uses or purpos-
ss designed. The Law is SO worry liberal in
this respect that When a centrAblnd IS found
ca board a neetral vessel, ncs enly is the con-
iraband forfeited, but The vessel, which is the
sehlcie Of lie passage or transportation, being
sainted, also becomes conirabaud, aud is subs
Jeeted to capture end eoBfseatoa.
Dalg the 4th qnestsca remaiss, namely :---
Did Captain Wilkes exercise the right Of cap-
turing the contrabaud IN conformity vita the
laR Of a4tionsa
Ii Is just here that the difficulties Of the case
begin. What Is the manner which The law OF
pations prescribes for disposing Of lbe contra
baud shen you have found aud seized il on
board OF the neutral vessel The answer would
be easily found if tue question were what you
shall do with the eonTabsad vessel. You
uust tase or send her into convenient port,
aud subject heg 20 judicial prosecution there
10 admiralty, which will try and decide the
questions OF bellisereney, neutrality, contra
baud aud capture. So, again, you aonId
prompts nod tic same answer Il tue question
we're, What Is the manner Of proceeding pre-
scIibsd bg tia law OF nations il regard TO the
eontraband II it be property or things Of ma
terial or pecau;ary value
! Bat toe question here concerns the mode of
pFoceiare ia regard, not to the vessel that was
carrying the eoatrabaad, nor Jet contr4band
thiags which worked the forfeiture OF the vss-
| sci, but TO eontrabaai persons.
Ihs books OF Law are dumb, Yet the ques-
ton is es Important as it is difficult. Fust,
the belligeEsns captor has L right to prevent
the ceDtrAband ofieer, soldier, sailor, minister,
or courier from proeeediag 10 his unlawful voy
! age and reaching the destined sesne Of his IT,
! furious service. But, oG the other hand, the
person captured may BE- Innocent that he may
not be eontraband. lie, therefore, has righs
TO fair trial of tie accusation against him.
The neutral State has taken hin under its flag,
is bound TO protect BIN if he ia not contraband,
and is therefore entitled TO be satisfied upon
that important question. The faith Of thas
State IS plsdged to his safety. if innocent, as
its justice is pledged TO his surrender it be is
really eontra5and Here are conflicting
claims, involving personal liberty, life, honor,
aud dutg. Here are conflicting national claims
involving Welfare, safety, hoaer and empiTe.--
| They require tribunal and a trial. Tho cap
tors and the captured ara equals; the aeutEal
and tho belligercut State are equals.
! While the law authorities were found silent
it was suggested at an early day by this Gov
ernmens that You should take the captured
persons into convenient port and institute ju-
dicial proceedings there to try the controversy,
But only courts OF admiralty have jurisdiction
in maritime cases, and these courts have for
mulas to try only claims to coEtraband per-
sons. The courts can entertain no proceed-
liugs and render no Judgment IN favor OF o.
against tue alleged contraband wen.
It was replied oil this is true; but you can
reach in those courts decision which will
have the moral weight OF judicial one by a
circultons proceeding. Convey the suspected
men, together with the suspected vessel, into
lport, and try there the question whether the
vessel is contraband. You can prove it to be
so by proving the suspected men to be contra
baud, aud the court muss then determine the
vessel TO be contraband. Ii the men are not
conlraband the vessel will escape eondemna-
ton. Still there is Ro judgment for or against
the captured persons. But it was assumed
THAT there would result from the determination
of the court concerning the vessel legal cer-
tsinty concerning the character Of tho men.
The course or proceeding seemed open to
many objections. Il elegases the incidental
inferior private interest into the proper place