Daily Ohio statesman. [volume] (Columbus, Ohio) 1855-1870, 1862-05-07
Gbe Obio 6tatesnram
3 Q
From the Providence Or. ~ POSI-
MIR. COx's Speech ON BEnrn.Imo
AAlRnea

/
ln period OF war, it would seem that ro,b
ing not Immediately partaking of the characta,
or active hostilities, however important ita h.
ing on tho general result, can command nubli,
attention. IL is only in this way that we car
account for the fact that the able and lnminonc
speech OF the Hon. s.. s, Cox, of Ohio In the
House OF Representatives., on tile I0tb inatant
on maratime law, has not been uniyersaIiv 70.
produced by tho American press. The more
especially is the discussion Interesting at iris
moment from the circumstance that the recent
arrivals from Europe show that the subject Is
attracting the greatest attention In the Epciish
Parliament, where there seems to be A disDosi.
tion on the part of the government, IL permit.
ted by the public sentiment of Chrislendom, Ia
recede from the measures in favor of the FREQ.
dom OF navigation attempted to be inauguara.
ted by the Declaration of Paris" The
speeches In the Lords and Commons are given
py our newspapers at great length, while the
onty speech IN our National Legislature, pre-
senting the American Wow Of the case, on a
matter almost vital to our existence Ia soareel .
referred to among the Congressional proceed
iDgs. D''. ~
The public may not be generally aware that,
some time since, Mr.. Cox offered reaolutions
substantially proposing Congress Of maritime
powers 10 establish some definite rules as to
those principles OF public law, the underlined
character OF which came 90 near, on recent
occasion, involving us, while eDgroased with q
civil war, in contest with the greatest naval
power OF the world. Indeed it 30 happens
that like embarrassment in the Trent affair
grew out Of the difference between the rnle of
contraband OF Wsr, up to that time persistentIy
maintained by England, and the rule which, by
means OF conventions, among the powers of the
continent, cOnfinee 1t TO munitions of war. and
In the case OF persons, to soldiers in the actual
service Of tho enemy As Mr.. Cox forcibIv re. !.
marks, "the question: In a nut shell, was g6eth.
er contrabahd embraced hostile Embassadors
According to the English definition, contraband
means Whatever will aid the enemy. Hence
the terra 10 Indefinite and elastc. 1t means
gunpoWder; 1t may mean coal. 1t means shot
and shell, and it may mean provisions. Il
means military men; and il NAV mean tho En- "
bassadors of the enemy" In point of fact. so
late as May of last year, there was d,srus.
sion in the House OF Lords, in which it was
unanimously maintained that coal might be
contraband; while in the note of Earl Russell,
written after the surrender OF Messrs Slidell
and Mhson, the intimated definition of contra.
band ls given in terms implying that it had
never been questioned.
Since Ensl land has renouuced her ancient
doctrines, the United States are the oply poTer
N Christendom that legally maintain the rule
that an enemy's property IN neutral vessels il
ptlzo OF war. Ii is true that an understanding o.
was informally entered into by the Secretary Of
State with the foreign governments, that a djf-
terent principle should prevail during the exist-
Ing hostllltiesj but it 10 not understood by what
authority the Executive, without the treaty
making or legislative power, can alter the law
In this respect, more than in reference to pri.
watering or any other established rule of the
law oil nations, which is, as much as an act of
congress, part OF the law of the land That
IN the absence OIL treaties, which we have with
most other powers, but mover have had with
England (and We have none now in existence
with France), our Courts have ever held, in ac
cordsnce with Wheaton and other nnbIicista
and with the decisions of the English Courts o.
Admiralty before the Revolution, that the neu
1ral nag does not cover enemy's goods. Sncb
was the uniform course of their sdiudications
during the war Of 1912 and during the MEXICAN
war, where such property was algays condemn.
ed. To change the Law by negotiation has been
the effort of every Administration from the
time OF Washington; but where there ia M
Convention, 1t has never been doubted but the
old rnle remains in force, and that the Suprerna
Court go regard it.
1t was not here intended to discuss any tonic
OF international law. but simply to invite attep-
ton TO Mr. Cox's conclusive argument One
suggestion it may be advisable 80 make See.
ing the embarrassment into which we NAV be
Drawn, In case OF collision between the Exec
utlVe and Judiciary, by the assurances given ia
foreign governments, and under which neutral
vessels are carrying tho enemy's gcoda, might
not De expedient, instead of awaiting the
00nnfluI N( - IL
grees, TO declare by Law that, in the absence of
any conventional stipulations to the contrarv,
the neutral dag shall protect tho cargo, even
though belonging to the enemy, contraband ex
cepted-thus reversing the actual rule of our
courts, and conforming it to that of the rest of
the World2 IL might, also, be declared that
nothing should be deemed contraband exceDt
arms and munitions Of war, and that only sol.
dlers in the actual service of the enemy should
be asslmilated to contraband of war,
IL ls unnecessary to state our Courts uniform.
~ apply to the existing nostilities, especially as
regards neutrals, the rules of ordinary war Il
was on this principle that the assurances of
the Secretary of State to Lord LYONS tbat m
distinction would be made adverse to those YEA
sells, which in blocksded port should take nm
board their oargoes after notice of blockade,
were dlsregarded BY Judge Belts, in the Dlstrict
Court at New York.
Mr.. Cox's remarks on the changes which
modern civilization has effected in tho mode of
carrying on hostilities, making war a contest
between STATE and State, and the effort to extend
to the seas the immunity Of private properly,
which for century has prevailed on land, are
particularly timely, considering the confisoation
bill before Congress, which would carry US back
to the middle ages. 1t is to be remembered
that all publicists, particularly Vsltel, declare
that In civil contests regard TO the mitigations
OF the severities of war are emphaticaliy obl
gatory on both parties.