Bradford reporter. [volume] (Towanda, Pa.) 1844-1884, 1862-01-09

goods not contraband OF war, and that neutral
goods not contraband of war are not liable to
capture under an enemy's flag. These excep
tions of contrabaDd from favor were a negative
acceptance by the parties Of the rule hitherto
everywhere recognized as part Of the law oI
nations, that whatever is contraband is liable
TO capture and confscation in all cases.
james NJ. Mason and T. j. Macfarland are
citizens of the United States, and residents ot
Virginia. John Shdell and George Eustis are
citizens Of the United States, and residents Of
Louisiana 1t was well known at Havana
when these parties embarked in the Trenv that
james NJ Mason was proceeding to England
IN the affected character of a Minister Pieni-
potentary to the Court of st. James, under
pretended commission from Jefferson Davis,
who had assumed to be President of the in
surrectionary party in the United States, and
E. j. Macfarland was going with him in alike
unreal character of Secretary of Legation to
the pretended mission John Sidell, in simi.
lar circumstances, was going to Paris as pre-
tended Minister to the Emperor of the French,
George Eustis was the chosen Secretary of Le-
CATION for that simulated mission. The fact
that these persons had assumed such charac-
tiers has been since avowed by the same JEFF.
ferson Davis in pretended message to an un-
lawful and insurrectionaTv Congress. 1t was
We think, rightly presumed that these Minis
ters bore credentials and Instructions, aud such
papers are in the law known as dispatches =
We are informed by our Consul at Paris that
these dispatches, having ESCAPED the search Of
the Trent, were actually conveyed and deliver
ed to the cmissaries of the inSurrection iu Eng
land Although it is not essential, yet it is
proper to state, as | do also upon information
and belief that the owner and agent, and all
the officers of the Trent, including Comman-
der Williams, had knowledge of the assumed
characters and purpose of the persons before
named when they embarked on that vessel
Your fordshp will now preceive that the
cases before u.s. instead OF presenting a merely
hagraut act of violence on the part of Capt
Wilkes as might well be inferred from the in-
complement statement of it that went up TO the
British Government was undertaken as a sim
pie legal and customary belgerent proceeding
hy Capt. Wilkes to arrest and capture a neutral
vessel engaged in carrying contraband of war
for the use and benefit Of the insurgents.
The question before US is whether this pro
ceeding was authorized by and conducted ac-
cording TO the Law of nations 1t involves the
following inquiries
lst. Were the person named and their sup
posed dispatches contraband Of war
%. Night Capt Wilkes lawfully stop an2
search the Trent for those contrabaud persons
and dispatches
Sd. Did be exercise the right in lawful,
proper manner
4th Having found the contraband persons
on hoard and in presumed possession Of the
contrabaud dispatches had he right to cap
ture the persons
5th Did he exercise that right Of capture
in the manner allowed aud recognized by the
law of nations
If all these inquiries shall be resolved in the
affirmative the British Government will have
no claim for reparation.
address myself to the first inquiry, namely,
were the four persons mentioned, aud their
supposed dispatches, cOntraband!
Marstime law so generally deals, as its pro-
fessors say, IN rem, that is, with property, and
seldom with persons, that it seems a strain
ing Of the term "Ontrabsnd to apply it to them
But persons, as we'll as property, may be co.,
traband. since the world means broadly con
trary 10 proclamation, prohibited, illegal, un-
lawful"
All writers and judges pronounce naval or
military persons 10 the service Of the enemy
contrabaud Vattel says war allows US to cut
off rom at enemy all his resources, and ID hin
der him from sending ministers 10 solicit assis
tance And Sir William Scott SAYS YOU may
stop the ambassador of your enemy on his pas
sage Dispatches are not less clearly contra
band, aud the bearers or couriers who under
take to carry them fall under the same con
demDation.
A subtlety might be raised whether prtended
ministers of au usurping power, but recognized
as legal by either the belligereut or the neu
trail could be held 10 be contraba nd But it
would disappear on being subjected to what is
the true test 10 all caSeS-nalnely the spirit of
the law Sir William Scott, speaking of civil
magistrates who were arrested and detained as
eontraband says
IL appears to me on principle to be but
reasonable that VII. it is of sufficient impOr-
tance TO the enemy that such persons shalt be
sent ont ou the public service at the public ex-
penSe, it should afford equal ground of forfeit
ore against the vessel that may be let ont for
a purpose so intimately connected with the
hostile operations"
| trust that | have shown that the four per-
sons who were taken from the Trent by Capt.
Wilkes, aud their dispatches, were coutraband
of var.
The second inquiry is, whether Capt. Wilkes
had a right by the lsw of nations TO detaiu aud
search the Trent
The Trent, though she carried mails, was
contract or merchant EesSel--s commOn car
rier for hire Msratime Law knows only three
classes of EeSSels-veSsels of war. revenue yes
sells. and merchant vessels The Trent falls
within the latter class Whatever disputes
have existed concerning right of visitation or
search in time of peace, none, is supposed, has
existed in modern times about the right of
beligerent in time of war to capture contra
bands in neutral aud even friendly merchant