The weekly north Iowa times. [volume] (McGregor, Iowa) 1857-1867, 1862-01-08
McGREGOR IOWA, WEDNESDAY, JAN. s. 1862 WHOLE

All writer's aid judges pronounce nava
or military persons in the service Of the en-
emv contraband. Vattel says war allow!
US to cut of from an enemy all his rcsour
ces, and to hinder him from sending minis
ters to solicit assistance. And Sir William
Scott says you may stop the ambassador o
your enemy On his passage. Dispatches
are not less clearly conraband, and th'
bearers or couriers who undertake to carry
them fall under the same condemnation.
A subtlety might be raised whether pre-
tended ministers of an usurpinS power
not recognized as legal by either the bellig
erent or the neutral, could be held to bt
contraband. But it would disappear on be
ing subjected to what is the true test in al
cases, namely: the spirit Of the law. 81,
William Scott, speaking Of civil magistrates
who were arrested and detained as contra
band, says:
ut appears to me on principle to be bu
reasonable that, when it is Of sufficient i'm
portance to the enemy that such persons
shall he sent out on public service at the
public expense, it sho'd afford equal grount
Of forfeiture against the vessel that may be
let out for purpose so intimately connect
Cu WIFI tne HOStite OpcIdtlOHS
trust that have shown that the four
persons who were taken from the Trent by
Capt. Wilkes, and their dispatches, wer,
contraband Of war.
The second inquiry is, whether Captain
Wilkes had right by the law Of nations tc
detain and search the Trent!
The Trent, though she carried the mails
was contract or merchant vessel-a com
mon carrier for hire. Maritime law knows
only three classes of vessels vessels O
war, revenue vessels, and merchant vessels
The Trent falls within the latter class. -
Whatever disputes have existed concerning
peace, none, it is supposed has existed il
modern times about the right Of bellige
rent in time Of war to capture contrabands
in neutral and even friendly merchant yes
sells, and Of the right of visitation and
Search in order to determine whether they
are neutral, and are docunentcd as such ac
cording to the law of nations.
assume, in the present case, what, as
read British authorities, is regarded by
Great Britain herself rs true maritime law
that the circumstance that the Trent was
proceeding from neutral port to another
neutral port does not modify the right o.
the belligercnt captor.
The third question is, whether Captain
Wilkes exercised the right Of search in q
lawful and proper manner?
If any doubt hung over this point, as The
case was presented in the statement Of il
adopted by the British government, think
it must have already passed away before
the notifications of that statement which
have already submitted.
proceed to the fourth inquiry, namely
having found the suspected contraband o
war on board the Trent, had Capt. Wilkes
a right to capture the same?
Such capture is the chief if not the
only recognized object Of the permitted Wis
itation and search. The principle Of tht
law is, that the belligerent exposed to dan
Ger may prevent the contraband persons Oh
things from applying themselves or being
applied to the hostile uses or purpose de
signed. The law is SO very liberal in thi:
respect that, when contraband is :ound OF
board a neutral vessel, not only is the con
traband forfeited, but the vessel, which i.
the vehicle of its paasage or transportation
being tainted. also becomes contraband, anc
is subjected to capture and confiscation.
Only the fifth question remains, namely
did Capt Wilkes exercise the right of cap
turing the contraband in conformity will
the law Of nations?
1t is just here that the difficulties of tn,
case begin. What is the manner which tn,
law of nations prescribcs for disposing o
the cOntraband when you have found ant
seized it on board Of the neutral vessel
The answer would be easily found if tn,
question were, what you shall do with tn
contraband vessel. You must take or sent
her into convenient port, and subject he
to judicial prosecution there in admiralty
which will try and decide the questions o
belligerency, neutrality, contraband, anc
capture. So again, you would prompt,
find the same answer it the question were
what is the manner Of proceeding pre-
scribed by the law of nations in regard t,
the contraband if it be property or things
Of material or pecuniary value
But the question here concerns the mode
of procedure in regard, not to the vessc
that was carrying the contraband, nor We
to the contraband things which worked tn,
forfeiture Of the vessel, but to contrabane
persons.
The books Of law are dumb. Yet tn,
question is as imp, rtant as it is difficult
FIRST, the bclligerent captor has right t.
prevent the con :raband officer, soldier sail
OF, minister, messenger, or courier from
proceeding on his unlawful voyage aud re
calling the destined scene Of his iniuriou.
service. But, on the other hand, the per
sou captured may be innocent-that is, HI
may not be contraband. He, therefore, ha.
a right to fair trial of the accusation
against him. The neutral State that ha.
taken him under its flag is bound to pro
tect him if he is not contraband, and i
therefore entitled to be satisfied upon tha
important question. The faith of that Stat,
is pledged to his safety if innocent, as it.
justice is pledged to his surrender il he i
really contraband. Here are conflicting
claims, involving personal liberty, life, hon
or, and duty. Here are conflicting na,iona
claims, involving welfare. safety, honor. ant
empire. They require tribunal and q
trial The captors and the captured are
equals; the neutral and belligcrent State
are equals.
While the law authorities were found 81
lent, it was suggested at al carly day by
this government that you should take III,
captured persons into convenient port
and institute judicial proceedings there te
try the controversy. But only courts Of
admiralty have jurisdiction in maritime
cases, and these courts have formulas tc
try only claims to contraband chattels, but
none to try claims concerning contraband
persons. The courts can entertain no pro.
ceedings and render no judgment in favor
Of or against the alleged contrabana men,
It was replied, all this was true; but you
can reach in tho&e courts decision which
will have the moral weight Of a judicial one
by circutous proceeding. Convey the
suspected men, together with the sus spccted
vessel, into port, and try there the question
whether the vessel is contTaband. You can
prove it to be so by proving the suspected
men to be contraband, and the courts must
then determine The v,Sc,l IN no copfr, h, nd