Santa Fe gazette. [volume] (Santa Fe, N.M.) 1859-1864, 1862-02-01

I
II all these inquiries shall be resolved in the af
1lihatve, The British Government will have M
claln for reparat0n. % lgJor4 lHst n1t
Iaddress myself to the first inquiry, namely: 3
Were the four persons mentioned, and theil
supposed dispatches, contrabaudl ,l 10 'laAA
Maritime law 80 generally deals as Its proies
sors say, inrem that is, with property, aud SO sci
dom with persons, that it seems strainin, Of the
term contraband to apply it to them. But persons
as well as property, may become contaband,
since the word MEANS broadly, CONTRARY to pro
clamation, prohibited Illegal unlawful y p All
writers and judges pronounce naval or military
persons IN the service OF the enemy, contmband
Nattel says; "War allows US to cut off from au
enemy all his resourcus, and to hinder him from
sending ministersto solicit assistance" And SSil
William Scott says: FYou may stop the Anbas,
sador OF your eneny on his passage Dispatches
arc not less clear y contmband and the bearers Or
couriers who undertake. to carry them fall under
the same condemnation. 1aWI Ba1rs.II fga|a rI..
"a snhtI,tv miahl ~ raisuu NJ. li - ,..,o,J ii
M;~'-s.,- y asurping Power, not recognized d.
legal by either the beligerent Or the neutral, could
be held to be contraband BUTT would disappear
being subjected to what is the true test in all
cases, namely the spirit OF the law. Sir William
Scott, sp aklng Of Civil Magistrates, who were
arrested aud detained as contraband, says at
anpears to me. ON nrincpe. to be bnt reasonable
that when il il of sufficient importance TO the
enemy that such persons should be sent out on
public service. at the publc expense. il should
at,rl eoual oround of nreiture again,t the vessel
that NAV he Iet ont for a purnose 80 intimately
connected with the hostile ooerations."i
/ trust that | haye shown that the four persons
who were taken from the Trent by Captain
Wike, and their dlspatches. ware contraband nj
war .i-.,.- N r''.-J''-' ..'.
Tina second inouryis. wbeth,r Cant Wilkes had
a riobt bv the law az natous IN datnin and search
the Trent. -
The Trent though she carried mails, was a CON
tract, or merchant yessel--a common carrier for
hire Maritime law knows only three c!,lses Of
yasses.-- vessels Of war, revenue vessels and mer
chant vessels The Trent falls within the latter
class Whatever disputes have existed concerning
right Of visitation or search in time Of peace
uoao, it is supposed has existed in modern time.
about the rights of a beIgerent in time of war to
capture coutraband in neutral oreven friendly mpr
chant vessels, aud of the right of visitation and
search, in order to determine whether they art
neutral, and are documented as such according to
the law ofnations. assume in the present case
what, as read British authorities, Is regarded By
Great Britain herself as true maritime law, thai
the circumstance that the trent was proceeding
from neutral port to another neutral port does
not modify the rights Of the belligerent captor.
The third question is, whether Capt. Wilke;
exercised the right Of search in lawful and pro
per manner. lfany doubt hung over this point
as the case was presented in the statement Of ii
adopted py the British Government think I
must have already passed away before the modf
cations OF that statement which have already
submitted
Iprocoed to the fourth inquiry, namely; Having
found the suspected contrlbaud Of war on boarI
the Trent, had Capt, Wilkes right to capture tht
same? Such capture is the chief il not the only
recognized object Of the permitted visitation and
search The principal OF th1 law 10, tn It the bel
ligeTent exposed to danger may prevent the con.
traband persons or things from applying thensel
yes or being applied to the hostile uses or purposes
designed. The law is so very liberal in this res
peet that when cOntrabapd is found on board &
neutral vessel not only is the contraband forfeited
but the vessel which is the vehicle of its passage
or transportation being tainted also becomes con
traband, and is subjected to capture and conisca
ton. .,..'. .....
Only the dtlh question remains namely: Did
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