Marshall County Republican. (Plymouth, Ind.) 1856-1878, 1862-01-09


trates who were arrested and detained as
contraband, says:
! "It appears to me on principle TO be
but reasonable, that VIII il is Of sufficient
importance to the enemy that such persons
shall be sent out on the public service at
the public expense. it should afford equal
ground OF forfeiture against the vessel that
may be let out for purpose so intimately
connected with the hostile operations."i
trust that l have shown that the four
persons who were taken from the Trent by
Capt. Wilkes. and their dispatchcs. were
contrabaud Of war. ~
The second inquiry is, whether Capt.
Wilkes had right bv the law Of nations
to detain and search the Trent?
/ The Trent. though she carried mails,
was contract or merchant vessel--a com
: mon carrier for hire. Maritime law knows
only three classels--vessels Of war, reve-
nue vessels, and merchant vessels. The
Trent falls within the latter class. What
{ ever disputes have existed concerning a
right OF visitation or search i'll time OF
peace, none. it is supposed. has existed in
modern times about the right of q belliger-
!, ent in time of war to capture contrabands
in neutral and even friendly merchant ves-
sells. and Of the right of visitation and
search, in order to determine whether they
are neutral. and are documented as such
according to the law of nations.
| assume. in the present case. what. as
, read British authorities. is regarded by
Great Britain herself as 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 belligerent captor.
The third question is. whether Capt
Wilkes exercised the right Of search in :
lawful and proper manner?
i If any doubt hung over this point, as The
case was presented in the statement of i
adopted by the British Government.
think it must have already passed. ava,
before the notifications Of that statemen
which have already submitted.
RI i proceed to the fourth inquiry. namely
Having found the suspected contraban,
, of war on board the Trent. had Capt
Wilkes right to capture the same?
II Such capture is the chief if not the on
ly recognized object of the permitted visi
, tation and search. The principle Of tn,
$ law is. that the beiligercnt exposed to dan
| ger may prevent the contraband persons o.
things from applying themselves or being
, applied to the hostile uses or purposes de
| signed. The law is SO very liberal in this
, respect that when contraband is found OF
board neutral vessel. not only is the con
traband forfeited. but the vessel. which i
the vehicle Of It's passage or transportation
being tainted also becomes contraband
and is subjected TO capture and con6sca
, tion. e'
n Only the fifth question remains. name
5 ly:-Did Capt. Wilkes exercise the righ
E of capturing the contraband in CONFORMITY
e with the law of nations7
It is inst here that the difficulties OF tn
case begin. What is the manner whicl
the Law Of nations prescribes for dispos
ing of the contraband when you hav
found and seized it On board Of the neutra
!. vessel?
: The answer would be easily found fifth
question were what shall you do with tn
!, contrahand vessel. You must take or sen,
her into convenient port. and subject he
to a judicial prosecution there in admiral
tY. which will try and decide the question
Of belligerency. neutrality. contraband an,
7 capture. So, again. you would prompt,
and the same answer If the question were
: WEs; rs the manner of proceeding pre-
scribe,l by the law Of nations in regard 4
!; the contraband il it be property or thing
OF material or pecnniary value? ! a,u
4 But the question here concerns the mod
Of procedure in regard. not to the vesse
j, that was carrying the contraband. nor We
a to contraband things which worked the for
: feisure Of the vessel, bat to contrsban,
4 persons. p 4i 9.4
It The books of law are dumb. Yet tn
S question is as important e. it is Difficult,
J. First. the belligerent captor has . right {
IS prevent the contraband officer. soldier. sal
J. lor. minister. messenger or courier fror
e proceeding in his unlawful voyage an,
reaching the destined scene Of his injuri
IS ous service. But. on the other hand. tn
+ person captured may be innocent-that is
he may not be contraband. He. therefore
has right to . fair trial Of :he accusaiio
If againsf him. The nentral State that ha
taken him under its flag is bound to pro
p tect him If he is not .contraband; and
i therefore entitled to be satisfied upon tha
important question. The faith OF tina
: State is pledged to his safety. II innocent
as it's justice is pledged to his surrender
: he is really contrsband. Hero are conflict
N ing claims. involving personal liberty. life
a honor and duty. Here are conflicting ma
.ional claims. involving welfare, safety
e honor and empire. They require q tri
y bunnl and 9 trial. The csptors and tn
captured srs equsls: the neutral and bellig
n erent State are equal 2 enc :''s.'.S' -
It While the Law authorities were foun
silent it was suggested at an early day b
!. this Government. that yoa should tax
!. the captured persons into convenient por
!? and institute judicial proceedings there totr
s the controversy. But only courts Of admi
! raltyhave Jurisdiction in maritime cases. an
i these courts have formulas to try onlj
o claims to contrsbsnd chattels. but none &
$ try claims concerning contrsband persons
o The courts can entertain no proceeding
o and render no Judgment in favor Of or q
: Rainst the alleged eontraband men. io sae
It was replied al this is true: but yo,
i can reach in these courts decision whicl