Message of the President of the United States, Transmitting a Correspondence Between the Secretary of State And the Authorities of Great Britain And France in Relation to the Recent Removal of Certain Citizens of the United States From the British Mail-St
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And Sir William Scott says you may stop the ambassador of your enemy on his passage. Despatches are not less clearly contraband, and the bearers or couriers who undertake to carry them fall under the same condemnation. A subtlety might be raised whether pretended ministers of a usurping power, not recognized as legal by either the belligerent or the neutral, could be held to be contraband. But it Avould disappear on being subjected to what is the true test in all cases — namely, the spirit of t...he law. Sir William Scott, speaking of civil magistrates who are arrested and detained as contraband, says : " It appears to me on principle to be but reasonable that when it is of suffi- cient importance to the enemy that such persons shall lie sent oi;t on the public service at the public expense, it should affiird equal gi-ound of forfeiture against the vessel that may be let out for a purpose so intimately connected with the hostile operations." I trust that I have shown that the four persons who were taken from the Trent by Captain Wilkes, and their despatches, were contraband of war.
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