Belmont chronicle. [volume] (St. Clairsville, Ohio) 1855-1973, 1862-01-09

! Scott, speaking Of civil magistrates who
were arrested and detained as contrabapd,
/ says:
! ut appears to ME on principle TO be but
reasonable that when il is Of sufficient i'm.
portance to the enemy that such persons
shall be sent on the public service At the
publicexpense, il tshould afford equal ground
of forfeiture against the vessel that may be
let ont for purpose so intimately connect
ed with the hostile Operations"
! trust that | have shown that the four
persons who were taken from the Trent by
Captain Wilkes, and their dispatches, were
contraband of war
The second inquiry is whether Captain
Wilkes had right by the law Of nations to
detain and search the Trent?
1 The Trent, though she carried mails, was
a contrsct or merchant yssse,ys copinon
carrier tor hire. Maritime lay kf,sws only
three classes Of vessel--vessels Of war, rev.
enue vessels, 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 it
is supposed, has existed in modern times
about the right of beligerent in time of
war to capture contraband in neutral and
even friendly merchant vessels. and of the
determine whether they are neutral and are
documented as such according to the law of
nations.
i 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 OF
the bclligerent captor.
The third question is, whether Captain
viii kos exercised the right of search in a
lawful and proper manner?
i 1t any doubt hung over this point as the
case was presented in the statement of it
adopted by the British Govsrnmept, 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 OF
war on board the Trent, had Capt. Wilkes
a right to capture the same?
Such capture is the chief if not the
only recognised object of the permitted visi
tation and search. The principle of the law
is, that the belligerent exposed to danger
may prevent the contraband persons Oh
things from applying themselves or being
applied to the hostile uses or purposes de
signed. The law is 80 very liberal in thi:
respect that when contraband is found or
board a neutral vessel, not only is the con
traband forfeited but the vessel, which il
! the vehicle Of its passage or transportation
being tainted, also becomes contraband, anC
is subjected to capture aud coniscation.
r Only the 18th question remains, namely
t Did Capt Wilkes exercise the right O
\ capturing the contraband in conformity will
1 the iaw OF nations? -----s,s -s,----as.-,--;-s
Il 1t is just here that the difficulties of tn
case begin. What is the manner which tn,
law OF nations prescribes for disposing o
| the contraband when you have found ant
seized it on board of the neutral vessel 2
question were what you shall do with tn,
, contraband vessel? You must take or sen,
3 her into "a convenient port, and subject he
to judicial prosecution there in admiralty
. which will try and decide the questions o
2 belligerency, neutrality, contraband, an,
capture. So, again, you would prompt,
t find the same answer if the question were
: What is the manner of proceeding prescrib
! ell by the law of nations in regard to tn
r contra aband if it be property or things O
= material or pccuniary value?
But the question here concerns the mod
5 Of procedure in regard, not to the vesse
\ that was carrying the contraband, nor yet t.
| cOntraband things which worked the for
g feiture OF the vessel, but to cOntraband per
a sons.
J. The books of law are dumb. Yet tn
5 question is as important as it is difficult
! First, the belligerent captor has q righ
to prevent the contraband officer
O soldier, sailor, minister, messenger, O
: courier from proceeding in his unlawful voy
{ age and reaching the destined scene of hi
e injurious service. But, on the other hand
O the person captured may be innocent-tha
n is, he may not be contraband He, there
b fore, has a right to fair trial of the accuse
d ton against him. The neutral State tina
q has taken him under its flag, is bound t
{ protect HIM if he is not contraband, and
therefore entitled to be satisfied upon tina
j. important question. The faith of that Stat
d is pledged to his safety, if innocent, as it
IS justice is pledged to his surrender if he
really contraband. Here are confictin
r claims, involving personal liberty, life, homo
and duty. Here are conflicting nations
D claims, involving welfare, safety, honor, an
d empire. They require tribunal and a tria
The captors and the captured are equals
IL the neutral and the belligerent State ar
equals.
nj Wnne INC law auypOrltieS were 10un
+ silent. it wss suggested at an carly day b
70 this Government That get should take tn
captured persons into aSconyenient port an
q institute judicial proceedings there to try th
10 controversy. But only eourts Of admiralt
have jurisdiction in maritime cases, an
in these courts have formulas to try only claim
III to contraband chattels, but none to tr
claims concerning contraband persons. Th
e. courts can entertain no. proceedings an
id render no judgment in favor of or again,
the alleged contraband men.
is 1t was replied all this is true; but you ca
', reach ID those courts decision which wi
a. have the moral weight of judicial one b
10 crcuitous proceeding. Convey the SUI
', pected men, together with the suspecte
d vessel, into port, and try there the guestio
n, whether the vessel is contraband. You ca
= prove it to be so by proving the suspecte
Or men to be contraband. If the men are M
" contraband the vessel will escape condeu
to nation.S Still there is no Judgment for {
ID against the captured persons. But it wa
to assumed that there would result from Ii
ttl determination OF tho court copoerning th
~ vessel d legal certainty concerning Il
otf charsetef 81 TIN men. III X 4.
or This course Of procbsdiqg 1emed open'
M manysobicctions. I6eleEates the incident
inferior private interest Tito the proper pla,
e. of, the main paramount public one, and po