The Express.
London, England, 1861-11-29 00:00:00

THE EXPRESS, FRIDAY EVENING, NOVEMBER 29, 1861.

• 2

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" like stores, and other articles which are dime*
" auxiliary to warlike purposes. Such goods are
" denominated contraband of war." But the
question arises, how is • belligerent to ascertain
that a neutral is carrying contraband 1 The answer
is, that during time of war each belligerent is
armed with the right of visitation and search, so
that he may ascertain for himself whether the
neutral is furnishing aid to his enemy ; and it is
the established custom of nations that neutrals
shall submit to be searched, and that if any neutral
ship attempts to resist a belligerent who proposes
to exercise this right, it may be carried into a
prize court of the belligerent and condemned.
The existence of war therefore implies the right of
visitation and search and conversely it is equally
true that the right of visitation and search has no
existence except during war—in other words, it is
what is called a belligerent right. Now at present
there is war between the Northern and Southern
States. It is true that the Northern States regard
the Southern States as in a state not of war but
of rebellion. But England regards them as
at war, or in other words has declared
herself neutral, and has granted both sides
belligerent rights. What is the consequence
England has submitted to have her merchant
vessels searched. The Trent, therefore, was no
doubt subject to be visited and searched by the
San Jacinto, nor is there any reason to doubt that
Captain Mots was prepared to submit to the visi-
tation. If England bad not granted the North
and the South belligerent rights, the North would
not have been entitled to visitand search the Trent.
Messrs. Suers'. and MAXON would have been in
Tut more the conduct of Captain WILES, of the oyes of the English Government, as they now
the Federal inau.a. war San Jacinto, is considered, are in the eyes of the American Government,
the more difficulty is there in reconciling it fugitive rebels, and having once escaped to the deck
with the ack hoe ledged principles of International of a British ship, which is British so", would have
Law. In the discussion of a subject so likely to been safe from the hands of Northern naval officers.
excite national susceptibility it is of the utmost If, therefore, they are now liable to be seized and
importance to maintain a tone of calm imperils- carried away it must be because they come within
lity ; nor should there be any reason to anticipate the definition of contraband of war, and because
in these columns any vicious appeals to national the Northern officers are entitled to exercise the
prejudices. Hitherto we have never ceased to de- right of carrying off Southerners found on board
plore the irritating tone which has been adopted by British ships, without the necessity of appealing to
some of our most powerful contemporaries ; but al- a Prize Court, and, therefore, in • manner quite
though we always have maintained, and rtill continue contrary to that in which contraband
to maintain, the undoubted right of the Cabinet of goods are treated. In short, if the act
Washington and the people of the North to put committed by the captain of the San Jacinto
down the rebellion in the Southern States, it is is justifiable, not only must the four gentlemen
impossible, iu the pursuit of this laudable object, seized be contraband of war, but, unlike goods,
to permit the rights of neutrals to be violated, the naval officers of the ship are themselves the
and the safety of British merchantmen on the high judges, without appeal, of the fact that those
OMB to be compromised. The dignified impsrtia- gentlemen are liable to seizure.
lity which has hitherto distinguished the conduct Let us consider this matter more closely. Belli-
of the Ministers of the Queer; in most difficult sir- gamut rights have been granted to the Federals
cumstanocs leaves no room to doubt that the and to the Confederates : there is, therefore, •
honour of the country is este in the hands of Lord state of war : and there is a right of search.
Pate canoe and Earl Rumens ; but in the As Kier says: "If, upon making search, the
meantime it may be interesting and, perhaps, " vessel is found employed in contraband trade,
useful to explain the principles of International "or in carrying enemy's property, or troops, or
Law involved in this unfortunate dispute, and the ii despatches, she is liable to be taken and brought
conduct which this country ought to pursue in "in for adjudication before a prize court."
obedience to these principles. Now, undoubtedly the Trent was searched ; but
Various accounts have been given of the fade search was made neither for enemy's property, nor
which have occurred. No doubt all of them for troops, nor for despatches, nor was she em-
proceed from British sources, but it is not unim- ployed in contraband. It cannot be deried
portant to observe that all of them are identical. It that this British mail steamer was pursuing her
appears, then, that the San Jacinto arrived at Hs- ordinary postal service between two neutral ports,
vannah on the 2nd of November from the coast of and was giving no aid to the enemy.
Africa, bound for New York. At that time Messrs. It is said that the four gentlemen had despatches
Meaux and SLIDILL had arrived from Charleston, of some sort from the Confederate Government. But
and as it appears took no pains to conceal their in-. despatches in such case are not contraband of war,
tention of proceeding to England as emnsartes because, as Lord &reeds declared, in order to bring
from the Confederates. On the 4th, the San despatches within the doctrine of
contreheeik they
Jacinto, having coaled, left Havannah ; but must be conveyed from one portion of the enemy's
seeing that only two days had elapsed from the territory to another portion of his territory—as
time of her arrival, Captain Yemen could from Bordeaux to • French colony—but if they
hardly have received any instructions from his are sent from a neutral country, as from the French
Government, although, of course, it is quite pm-
Anileceadnr at Washington to the French Muster
Bible that the Federal Consul M Ilevannith ittri at Paris, in • neutral American ship, thane no
inVe furnhiLeii him with instrootioes from Wash- right in any belligerent to have the ship con-
ington. On the 7th, Messrs. SLIDILL and Mason demned which carries them. To confirm this
sailed from Havannah in the British mail steamer opinion the American editor of Weed-err
Trentfor St. Thomas as ordinary passengers, having nay he quoted to the same effect :—" It is
paid for their berths, and in company with their remeirr.A. he says, " that the cart;ng of
families. The importance of these facts will appear ~ despatches can only invest • neutral dosed with
hereafter. But next day, the Bth of the present ~ a hostile character in the case of its being
ern.
month, about noon, in the narrow part of '' ployed for that put pose by the belligerent, and
the old Bahama Passage, Captain Motu, of the " that it cannot affect with cf.re'nality either a
Trent, observed a steamer, which turned out to be regular postal packet " [as the Trent was] "or a
this American steamer Ben Jacinto, carrying 13• merchant ship which takes • despatch in its
gnus. When within about a furlong, the Ameri- " ordiary course of conveying letters, and with
can fired a round shot and then • shell ; and a the contents of which the master was necessarily
the Trent was stopped. A boat containing two 14 ignorent.i, But, in the second place, the
American officers and twenty armed men then federal officer never searched for and never ob-
boarded the Trent, and demanded—not, be it ob- ta;led the despatches which may or may not be in
served, to search for contraband goods, which the existence. The despatches, therefore, even if
captain of the Trent would have been bound to taey would have entitied the Federal officers to
allow, but—the list of passengers. This the do what they did, not having been found, cannot
captain refused ; but the lieutenant of the San form any justification in this case.
Jacinto, after announcing the name of his ship, Again,'it is said that Messrs. SLIDELL and MASON
declared that they had received positive informs- were public envoys from the enemy's Government,
tion of certain passengers being on beard* and were liable to be seized just as militaryor naval
whom he irwild fake out. This demand was officers in the service of the enemy would have balm
also refused. Messrs. Steeds and MASON, with liable to he seized. It is impossible to sup-
their secretaries, however, on hearing their names pose that the Federal officer imagined himself en-
read out by the lieutenant, desired to know what titled to wise those gentlemen on the ground that
was wanted of them. Being told that they they were rebels. It must be remembered that
were to go on board the San Jacinto these gentle- the Federal officer had no right whatever to search
men claimed the protection of the British gag, and the vessel for men, for even the British Govetn-
declined to go but by force. Presently three ment, which has insisted upon the right of seizing
more boats came from the San Jacinto, and British subjects found on board neutral ships, never
finally, after • protest from Commander WILLIAMS made so extravagant a claim. All they asserted was
who was in charge of the English mails, the four I that in searching for contraband goods they might
Southerners were forced on board the San Jacinto, seize any British subject who happened to be on
and the Trent was suffered to proceed on her board ; and this is distinctly admitted by eminent
voyage.
I American jurists. But in any case these gentle-
As has already been observed, it is by no means i men cannot be claimed as rebels ; rebellion is an
improbable that the captain of the San Jacinto offence against the municipal laws of America;
may have acted on his own responsibility, for he it is no offence against International Law ; in
certainly had no time to obtain instructions from ' order to make any man or anything liable to be
Washington ; and this probability is increased by se' red on board of a neutral vessel by • belligerent
the singular character of the proceed'-igs in the cruiser, it must be affected by some defect recog-
Bahama Channel, and by the fact that it seems nixed not by municipal but by international law.
almost like infatuation for the Cabinet at Wash- We must repeat, therefore, that if there was any
ingbm, in the very crisis of • gigantic rebellion, right to seize these gentlemen it must have been
to embroil itself with the most powerful naval not because they were rebels, but because they
power in the civilized world. Let us hope, there- ' were contraband of war. And it is re-
fore, that the act of Captain Wide; was unau- markable that this my ease of Messrs.
thorized. But, in the meantime, it must be SLID!LL and Mesme seems to have been an-
assumed to be the act of the United States Go- ticipated by Lord Stocat. in the case of the
vernment, and therefore it is necessary to examine Friendship. In that case France and England
the grounds upon which the seizure of Mr. Su- . being at war, an American ship had been hired for
DILL, Mr. MASON, and their secretaries can be the purpose of transporting ninety French mad-
justified.
ners to Bordeaux. The vessel was overhauled by
Now, it is laid down in every standard work on . • British cruiser, and was condemned in the Prize
International Law, that when war arise, between Court. But it is clear that if only four French
two or more nations, neutrals are still entitled to mariners had been on board the ship, even though
carry on commerce with the belligerents, except !it was bound to • belligerent port, the
in certain specified cases. The principle of this I vessel would not have been condemned, but
rule is that the quarrel of the belligerents on the contrary would have been restored
ought not to be allowed to affect the in- with its crew and cargo. "It is asked," said
tereits of neutral nations; and history Lord STowlu., "will you lay down a principle
shows that since the declaration of American "that may be carried to the length of preventing
independence, no government has insisted with " • military officer in the service of the enemy
more energy than that of the United States upon " from finding his way home in • neutral vessel
the sacred rights of neutrals. Nevertheless, " from America to Europe 1 If he was going
it is admitted oven by the Americans, that war " merely as an ordinary passenger, as
puts certain restrictions upon the trade of neutrals. " other passengers do, and at his own expense,
As the American Chancellor KENT, deservedly " the question would present itself in • very
one of the greatest of legal authorities, says, " the " different form. Neither this court nor any
" principal restriction which the law of nations " other British tribunal has ever laid down the
" imposes ~n the trsde of neutrals is the prohibi- " principle to that extent." This is surely the
" Lion to furnish the belligerent parties with war- very ease of Messrs. SLIDELL and Maaox, with

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TISM imam THE MALAUC OF COMFORT. —OUR
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Maw C. lacing. IL Leclerty, sad Elsvorthi.

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TWM ErMinna A WIFIN JOVIINAL. Mr. O. Vining an,l
MM. Male Teri. —TIM POOR !WILLMAN. Mr. A. Wigan.
—Awl TYIMPAIINAU SCMtroL. Manna O. Vlnltsc Chatle.,
larimme. Mir Herbert ...i Mrs. ►. Illattlinani.—t.nninanc• at 7i.

I I ANNIA
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this important difference in their favour, that
they were neither military nor naval officers, but
simply citizens of the United States, to whom
England had granted belligerent rights.
But lastly, even if those gentlemen were in
fact contraband of war, the Federal officer had no
authority whatever to seize them on board a
neutral merchant ship, but should have carried the
ship, as she was, into a Federal port to be adjudi-
cated upon by a Prize tribunal. Neither in muni-
cipal law norin international law are persons entitled
to take the law into their own hands. The civilized
citizen must submit to have his rights vindicated
by tho regular tribunals. Officers of belligerents
must obey the same principle. It is impossible that
neutrals—the wealthy and powerful nations of
Europe—should submit to have their merchant
ships overhauled, and the character of the cargo, as
well as the nature of theirahipe'employment, should
be determined on the instant by any American
captain. The Northerners must obey the law of
nations, and before they attempt to take final
possession either of goods or of passengers must
obtain the judgment of a properly constituted
court. If the Trent was entitled to carry Messrs.
SLIDILL and MAmox ea passengers, she was en-
titled to proceed on her voyage with those gentle-
men on board, and the only court which could
determine that question was that international
tribunal called a Prize Court. The officers of the
San Jacinto have rendered this impossible by
carrying off the gentlemen in question by force of
arms, and, as we must believe, in direct violation
of international law.

LATEST INTELLIGENCE.

To sum up. The Trent was entitled to pur-
sue her voyage, after being searched, unless the
despatches or the four gentlemen were contra-
band. Neither of them, as it seems, were con-
traband. But whether they were or were not
contraband was a question not to be determined
by a naval officer on the spot, as Captain 'Miss
seems to have thought, but by the judgment of
Prize Court.

Cbr Court.

WINDSOR CASTLE, Nov. 28.

The Princess Alice, the Princess of Leiniugen,
and the Prince of Leiaingen, Wrist with her Majesty yester-
day. The Dean of Windsor and Dr. Jennar had the honour
of being included.
The Queen, accompsnied by Princess A'ice and the
Princess of Leioingen, drove out this =swing, attended by
MajorDeneral Seymour.
The Hon. Victoria Wortley has succeeded the Hon. Emily
Whom* ma Maid of Honey- in Waiting to the Queen.

Mr. Mathew, her Majesty's Minister Plenipotentiary to
the Republics of Central AMAMI, had an interview with
Fail Russell yesterday, at the Foreign-office, to tabs leave
prior to embarkation for that ossatry.
The Judicial Cemarattes of Use Privy Council sat=
day. An appeal from Bawl, " Joyicurrun Ltd v.
rain Sing" (put hard), err concluded. Judgment was
reserved. As spread front Benpl, " Amsndinoye Dowse
v. Poornochunder," wu heard. Lord Justice Tuns, gave
judgment, restoring the amsal. The lords presses WIC
The Lords Justices Knight Broom and Turner, Sir J. Cole-
ridge, leer L. Peel, and Sir J. °civil&

- .
Despatches were receivedt7wrday at the Colonial-office,
from the Governors el the el Hoed Hope, Natal, Bt.
Helena, Malta, Caykw, awl wig Lag. Dispatches win
sent to the Governor of One&

MErrnro oP MINUITIMIL —Viscount Palmerston
received the Earl Russell, the Doke of Newcastle, the Right
Hon. the Chancellor of the Exchequer, and several other
members of the cabinet, early in the foreseen yesterday, at
his lordship's official residence in Downingatreet. After
the separation of the ministers Lord Pahnereton caused

ammonia to be Waned for • Cabinet Connell this after-
noon at him reaideuce in Downing-street, at two o'clock.
The Duke of Somerset arrived at hie official residence at the
Admiralty, from Mr. G. Tomline's seat in Norfolk, his
vice having been ant for by telegraph in order to at-
tend the Cabinet Council to be held this afternoon.

His Him Haney the Austrian Ambassador and
tits °mattes Apposiyi cocas to tows to-day from visiting
the Marquis and Marchioness of Salisbury at Hatflekl
House.

The Duke and Duchene of Montroee are at Com-
pihrne, on a • *Alt to the Emperor and Empress of the
French.

The Earl and Countess of Stradbroke have been
entertaining at Hookup a nseeniston of guests doriag the
kat fortnight, including 64 Royal Mihail', the Duke of
Cambridge, Hoe. Colonel sad Lady Margaret Chaim*
Sir Hoary sad Lady Sophia Dee Yuan, Sir Edward and
Lady Caroline Kerrison, Lord sad Lady Alfred Paget, Lord
and Lady Huntingfield and Hoc. Mai Vaaneek, Hon.
Admiral sad Mrs. Rom, Earl Annealey, Moo. Gilbert
Heathoote, Hoe. H. Windham, Er. Hoary Milbank, and
Colonel Morris, C.B.

The Marquis and Marchioness of Beaumont,
Could Aratatetee, sad the Baron Bsjera, have arrived at
the Brunswick Hotel, Jormyu-strest, from Paris.

Mr. and Lady Margaret Beaumont have left
toss for &SUM Hall, Wakefield, Yorkshire, in order to
be present at the funeral of the late Hrs. Beaumont, which
takes place today at Bretton church.

The Hon. Orantley Berkeley has engaged to de-
liver a lecture at the great annual bird show to be held nest
week at Southampton.

WILLS AND BEQUESTS.

The will of the Right Hon. Sidney Baron Her
of Lea, P. 0., of Wilton House, Salisbury, bearing date
July 10,1868, was proved in the principal registry on the
41st inst. by his lordship% brothers-in-law, the Right Hoe.
Thomas Viscount Da Vase, and Chas. Wyndham a Court
&minion. E.q., the executors, the personal property being
sworn under 160,00)1. Lord Herbert died possessed of
very . considerable property, both landed and personal ;
and that over which his lordship had the power of disposition
he her bequestbed to Lady Herbert, his relict, absolutely,
when he has shoo appointed residuary legatee. His lord.
ship les left • family of seven children—four soli.
and three daughters—all in their minority ; and as no pro-
vision is made for them in the will, it is to he inferred that
they are otherwise amply provided for. The testator has
left legacies to some personal friends and to
he domestics. There is a legacy of kill(. be-
queathed to the Salisbury Infirmary ; also • sum
of I,CYOI. vested in trustees, the dividends accruing there-
horn to be applied to repairing the chancel of the church at
Wilton, which owes its erection to the mundixouce of his
lordship. Het eldest eon, now Lord Herbert, is in his
twelfth year, and is heir presumptive to the Earldom of
Pembroke and Montgomery.
The will of Alexander John Colvin, Feb of Gloucester.
pees, Hyde Park, was proved on the sth inst., by his
daughter, Steuart Amelia, the wife of John Dunstan' e req.,
whom he appointed sole executrix. The personalty was
sworn under 40,4. ;at. The will bears date Sept 4, Kin, and
was executed at Portobello, N.B. This gentleman
las left many bagasse to relations and friends ; but
the principal part of his property is bequeathed to
his daughter, whom he appoint. residuary legatee. To
his granddaughter, Jane Luphemia, • legacy of ti ,000/.
L bequeathed ; end to the children of his
sister, Mrs. Turnbull, a sum of 8,0C31. amongst them.
There lea legacy bestowed of 6001., with • comment some-
what peculiar. The testator rya :—" Upon leaving for '
India I was indebted to Naming him) seven shillings.
I bequeath him :Mt, as a proof that I have not forgotten

The will of Capel Banbury Leigh, Fag., of Pontypool-
park, Monmouthshire, and Peoarth, Glintorganshire, was
proved in London on the 14th inst. The personal
property was sworn under 1011,0004 The executors
appointed are the widow and Lieutenant•Colouel
George Grey Roes, Grenadier Guards, of Courty-
nits, near Cardiff, and the Rev. Omega Gore,
Rector of Newton St. Lue, Somerset. The will bears
date August 22, 1560, and the testator died at
Penarth on the 25th of September last. The deceased
has bequeathed to his relict, independently of
marriage and other settlements, an
are other of
annuiits. of
2,400 i., and a I .taiptcy of 5,00 t. ; there
rid esence, to.. beyond these bequests. devised to coo,
John Capel Haebury Leigh (aged eight years) ; he is
also appointed readiuu7 legates of the personal estate.
The testator has bequeathed • few legacies to peretioal
friends, and his annuities and legacies to his depsodeon sod
domestics have been liberal as well as his charitable dons-
tioos. He km left to the infant school, which he had in-
stituted at Tyengath for the instruction of the children of
his workmen and labourers, a legacy of 1,0001., to the
Swansea infirmary and the Bristol infirmary each 5001.,
and a legacy of 2001. to the Bristol Eye Infirmary.—
Illastrined London News.

all laden with muskets. The youth waa put in ckatins and
taken to the eitadsl, where he wu soon follow by two
of his companion; also in chains.

A mass of anecdotes are in circulation. Thus two Russians
are said to been put into the chamber of an ecclesiastic, whom
it was desired to arrest, and who said he was ill, and there
they remained until he could be removed. Two ladies of
P— were to be arrested and publicly whipped because they
had sung patriotichymns. Oneof them succeeded inescaping.
The other said she was ill, when the moment for her arrest
came. Immediately two Russians were put into her
chamber, and she became really ill from fear. Passporte
continue to be refused; but the superior authority him
ordered an exception on behalf of the peasants.