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

with the suspected vessel, into port and try there
: the question whether the vessel is contraband.-
You can prove it to be so by proving the suspectef
men to be contrsband, and the Court must ther
determine the vessel to be contraband. 1.-THE men
are not cOntraband the vessel will escape conlem
nation, Still there is no judgment for or against
! the captured persons But it was assumed that
: there would resutfrom the determination Of the
Court concerning the vessel legal certainty con
= cernng the character Of the men. asjaf, ..,
This course Of proceeding seemed open to many
/ objections 1t eevates the incidental inferior
private interest into the proper place Of the main
paramount public one and possibly it may make
the fortunes the saIsty or the existence ofa nation
depend on the accidents Of merely personal and
pecuD0ry litigation. Moreover, when the judgment
OF tho Prize Court upon the lawIuness OF the cap
ture Of the vessel ls rendered it really concludes
Doth0g, and binds neither the belIigerent State
nor tho neutral upon the great question Of the
disposition to be made of tho captured contraband
persons. That question is still to be really deter.
war, .'.
One may we'll express his surprise when tod
that the law Of nation; has furnished no more rea-
! sonabe, pructico and perfect mode than this oil
! determining questions OF such grave import be.
tween sovereign Powers The regret we may fsel
on the occasion is nevertheless modified by the
reflection that tho difficulty is not altogether ano'
malous Similar aud equal deficiencies are oald
in every system of municpaIla law, especially n The
system which exists IN the greater portion of Great
Britain and the United States. The title to per
sonal property can hardly ever be resolved by Il
court without resortng to the fiction that the
claimant has lost, the possess0r has found III aud
the title to real estate is disputed by real tlgants
under the name Of imaginary persons. 1t must bs
confessed, however that while allagreved nationa
demand, and all impartial ones concede, tho need
Of somo form Of judicial process in determining the
characters Of conaband persons no other form
than the illogical and crcuiious oze thus described
! exists, norshaS any othNyet been suggested.
tcally, therefore the choice 10 between that JUDI
caI remedy, or no Judicial remedy whatever
Ii there be no judicial remedy, the result Is that
thu question must be determined by the captor
: himself on the deck Of the prize vessel Very
; grave objections arise against sucha course The
captor Is armed, the neutral Is unarnied The
captor ia interested, pejupiced, and, perhaps, VI
olsnt the neutral, truly neutral is dslntefestsd,
sabdued and helpless Inc tribunal IS lrresPonsl'
BILE, while its Judgment is carried into instant exc
!, cution The captured party IS compelled 70 suO'
nit though bound byno legal mora! or treaty oo,
y legation to acquescs, kepaFatlon Is distant ana
problematleal and depends At last on me justice
nasnanlmty or weakness ol ths Sla'e ~ WHOSE
behalf and by whose authority the capture was
!, made Out OF these disputes feprl:as ana wa'S
necessarily arise and tlese, are 80 irequeut ano
: obstructive t1at y my well DC DOUBTED whether
/, thus form OF remedy IS mol! a greater social eVli
tlap all tAas could loilow te pe,'geVenC t'Sut " y,
search Wers universally renopucea ala aoVsusu 1
iorever' bn, carry 1ne case Que s.ep 'ur'l'er,r
ou' wha' u 'ne o'ato ,pat nus muue 'ny eapla.s
/ unreasonao'y Feiase 70 near Tue eouplsnt o' lnc
neutral or 70 reaFess ~ 10 tlW case, .ne very
: act oil capture wond Dc an set OIL "at-o' war pe,
J gun without Aotce'ah possibly eh''Fe'y Wl'Hou'
proyocallon.'
think all ulnpreludlced MINDS Will agree mat
imperfect as the existing Judicial remedy may Dc
+ supposed TO be, II would be as general prac'lce
batter to follow It than toadopt tho summary one
= Of leaving the decision with the coPlor' ana 'eiy'
!ng upon diplomatic debates 10 review MS uecls'
+ lon' Practically 1t saques'lon OF choice between
Law with It's hlperectlons aud delays ana war;
+ with 'ls evils and deSoIat'ons ,... g,
Norris ii ever to he forgotten that neutrality
tIf,A A,l 1ltl. lla