Daily Ohio statesman. [volume] (Columbus, Ohio) 1855-1870, 1862-01-03

Qua proceeding COntey tne pu1Pee's~ -. ~ 4
rether with the suspected vessel, INTO pO.s' nv
try there the question whether the vessei 70 uvn.
she snsneosei mon to be contrabAnd, ana the
conrt must then determine the vessel 70 pc con
trahan6. II the men are not eonfnoand tne
vsssei win escape condemnation, SIill there 10
M indemeut for or against the captured persons.
mn a 9aa assumed that thcre would result rom
he determination Of the court concerning tne
vessel 4 legal certainty ooncsEning the cnarac-
tor OF lhe men. 500 ,gle 80 - oro,, N
Thia course Of proceeding seemed open 70
:, III obiaotions. itelevates the incidental IN |
feAor pfiyate interest into the proper pIace ..
ths main paramount public one, and possibly ~ |
NAV make the fortunes, the safety o. fne eA,y.
tence OF nation depend on the eccioenss ~
merely personal and pecuniary li!igauon. nolo
over, when judgment OF the prlEe cours IPyn -
shs n wfulness Of the capture OF the vessel is
randerej IL really concludes nothing, ana Dinas
reIther the belieerent State nor the neutral up
nm the preat question OF the disposition 70 pe
made OF the captured contraband persons. Ina.
ouestIon Il still to be really determineu II ~
ali nv Diplomatic arrangement or Dy war
i,ne NAV well express his surprise when toid
~. me Ia w,of nations has furnished no more
rsasonable. practical, and perfect mode than
AHA Of determining questions OF sncn grave
imnort between sovereign powers. Inc regres
We may feel on the occasion is neyestneless
modified by the reflection that the dimenly y y
NOT altogether anomalous. Similar huu sdvai d,ai
deficiencies are found in every system oI munlc.
ipal law, especially In the system Wnicn eais's
ipNa I; o.sa,er nortions of Great Britain and the
II.;.ed IT. stssss The title TO personal property
~. os hs.S,w svs, he resolved BY court without
se...s;rn, an tha fctiun that the claimant has
iss','S - : nossessor has found Il, and the title
A. ssal aatate Il DISPUTED by real litgants under
~ ~ ,srnsa nj Imaginary persons, It must be
ssaeassaJ howaver. that while all aggrieved ma
en- Ssrnand and all iinuartial ones concede,
~ ,'oaa of some form of judicial process in
Ssss,min,ne the characters Of oontTaband per-
sors, no other fern than the Illogical and cir
cuitous one thus described exists, nor mas aoy
oshar ~ beep suggested Practically, there
fore. the choice ia between that judicial remedy
NJ no judicial remedy whatever.
II there be no judicial remedy, the result 70
that the question must be determined by tne
captor himself, on the deck OF tue Prize vessel
Very grave objections arise against sucn .
eoucse. The captor is armed, the neutral is
unarmed The capt0r is interested, preluuiced'
and oerhsps violent; the neutral, If truly neu-
traI. IA disinterested, subdued and helpless
The tribune is irresponsible, while lts Judgment
IA carried into instant execution. The captured
A
marty ID compelled TO submit, though Douno Dy
no legal, moral, or treaty obligation 10 acqui
esce ReparAlioh is distant and proDlematicai,
and depeods at last on the justice, magnanlmity,
or weakness oi the state 10 whose Oenan anu
by whose authority the capture was maae' ou'
OF these disputes reprisals and vars necessarily
arise, and these are 30 frequent and destructive
that it may well be doubted Whetner snis lorM a,,
OF remedy is not greater sociat eyii tuan ~. "
that could follow II the pelhgesen, sor.S -
search were universally renounceu anu aoo.'ss
ed forever. But carry the case one s'sp iuI.n'
er What IL the State that mas maoe sne W.
turs unreasonabiy refuse 20 near lno -
OF the neutral orto redress ~ IN .nSs case 1ps -
yery act OF capture would be an act OF War--of
war pes un Hi.hoes H', nos''0' "1~ p,1.' "S- -
| think all unpreJudlced MINDS wiz aYrse
that. imperfect % the existing ludlcial remeoy
may be supposed to be, II would PEI as gen.
era practice, better TO follow II tnen 70 adops
the summary one Of leaving tne oec'sion WIN
che captor, and relying upon ulpiOma'lc ueDa'eS
20 review his decision. frscucalIy, ~ 10
question Of choice between law, Win i.s mper,
iectons aud delays, and war; with'lts evils anu
desoations. Nor is 1t ever 70 De iorgotten tnas
mentality, honestly and justly preserved, is al
ways the harbinger OF peace, ana therefore -
the common interest OF nations Wnicn Is oIly
s1Jing that il 10 the interest oil humanity lsseI.
AT the same time il is not 70 Dc : aenied @ sna'
IL may sometimes happen tnat tne JuuiSlai rem
edy will become Impossible, as Dy tne snip
wreck Of the prize vessel or o'ner Citcumssan-
cee which excuse the captor rom een9ing OF
taking her into port for conhscstlon. ID suca ~
case the right OF caplor 10 tne CUSTODY VI VI
the captured persons and 70 dispose Of taem, u y
they are really conraband, 80 as 70 aeieat sneif