The Sun.
London, England, 1861-12-24 00:00:00

power by any other department of the Government

is an usurpation, and dangerous to the public
liberty ; that the persons above named be delivered
to the Marshal, to the end that they may be indicted,l
with the right of speedy trial, if there be probable
cause for such a proceeding. Mr. Pendleton spoke
at length on the subject, which is that of the Balti-
more Police Commissioners. He said if the Presi-
dent can suspend one provision of the constitution,
he can all, and reduce the nation to the condition of
slaves, by changing the theory of the Government.
Any nation willing to adopt this theory is so lost
to a manly sense of independence, dignity, and to a
just consciousness of their courage and duty of de-
fending the Government, that the yoke is a fit
emblem of their degradation. No one should listen
to the doctrine of State necessity, the history of
which is written in the wreck of public liberty. Mr.
Bingham, of Ohio, replied that all his colleague had
just said or could say had been fully and satisfac-
torily answered by the arguments of the Attorney-
General, heretofore submitted. Notwithstanding
the ability of his colleague, he had been unable to
disguise the fact that the time contemplated by the
words of the Constitution for the suspension of the
writ of habeas corpus was when rebellion was try-
ing to shake down the pillars of the Constitution.
It was no time to be splitting hairs as to whether
Congress or the President should first exercise the
power. On the motion of Mr. Bingham the whole
subject was tabled-108 against 26.
Captain Wilkes, of the San Jacinto, had made
the following report to the Secretary of the Navy
respecting the Trent affair :
"United States' steamer San Jacinto,
at Sea, Nov. 16.
" Sir,—ln my despatch by Commander Taylor,
I confined myself to the reports of the movements
of this ship and the facts connected with the cap-
ture of _Messrs. Mason, Slidell, Eustis, and Mac-
farland, as I intended to write you particularly re-
lative to the reasons which induced my action in
making these prisoners. When I heard at Cien-
fuegos, on the south side of Cuba, of these Commis-
sioners having landed on the Island of Cuba, and
that they were at Havannah, and would depart in
the English steamer of the 7th of November, I de•
termined to intercept them, and carefully examined
all the authorities on international law to which I
had access—viz., Kent, Wheaton, Vatel, besides
various decisions of Sir William Scott, and other
judges of the Admiralty Court of Great Britain,
which bore upon the rights of neutrals, and their
responsibilities. The Governments of Great Britain,
France, and Spain have issued proclamations that
the Confederate States were viewed, considered,
and treated as belligerents, and knowing that the
ports of Great Britain, France, Spain, and Holland,
in the -West Indies, were open to their vessels, and
that they were admitted to all the courtesies and
protection vessels of the United States received,
every aid and attention being given them, proved
clearly that they acted upon the view and decision
and brought them within the international law of
search, and under the responsibilities. I therefore
felt no hesitation in boarding and searching vessels
of whatever nation I fell in with, and have
done so. The question arose in my mind whether
I had the right to capture the persons of
these Commissioners—whether they were ame-
nable to capture. There was no doubt I had the
right to capture vessels with written despatches ;
they are expressly referred to in all authorities,
subjecting the vessel to seizure and condemnation if
th,, captain of the vessel had the knowledge of their
being on board ; but these gentlemen were not de-
spatches in the literal sense, and did not seem to
come under that designation, and nowhere could I
find a case in point. That they were Commissioners
I bad ample proof from their own avowal, and bent
on mischievous and traitorous errands against our
country—to overthrow its institutions and enter
into treaties and alliances with foreign States, ex-
pressly forbidden by the Constitution. They had been
presented to the Captain-General of Cuba by her Bri-
tunic Majesty's Consul-General, but the Captain-
eneral told me he had not received them in that
capacity, but as distinguished gentlemen and
strangers. lle then con
„' and asidered them as the embodi-
ment of despatch
they had openly declared
thews _lves as charged with all authority from the

Confederate Government to form treaties and

alliances tending to the establishment of their in-
dependence, I became satisfied that their mission

was adverse and criminal to the Union, and it there-

fore became my duty to arrest their p ( gress and

capture them, if they had no passpor s. or papers
from the Federal Government, as provided for
under the law of nations—viz., That foreign Mi-

nisters of a belligerent on board of neutral ships are

required to possess papers from the other bellige-
rent to permit them to pass free. Report and as-
sumption gave them the title of Ministers to France
and England, but inasmuch as they had not been
received by either of these Powers, I did not con-
ceive they had immunity attached to their persons,
and were but escaped conspirators plotting and con-
niving to overthrow the Government of the United
States, and they were thereforenot to be considered
, as having any claim to the immunities attached to

he character they thought it to assume. As re-

pects the steamer in which they embarked I ascer-

,ained in the Havannah that she was a merchant

vessel plying between Vera Cruz, the Havannah,
and St. Thomas, carrying the mail by contract. The

agent of the vessel, the son of the British Consul at
Havannah, was well aware of the character of these
persons, that they engaged their passage and did

embark in the vessel ; his father had visited them

and introduced them as Ministers of the Confederate

States, on their way to England and France. They

went in the steamer with the knowledge and con

sent of the captain, who endeavoured afterwards to
conceal them by refusing to exhibit the passenger
list and the papers of the vessel. There can be no
doubt he knew they were carrying highly im-

portant despatches, and were endowed with instruct

,ions inimical to the United States. This rendered

his vessel, a neutral, a good prize; and I determined
to take possession of her, and, as I mentioned in my

report, send her to Key IV est for adjudication, where
I am well satisfied she would have been condemned

for carrying these persons and for resisting to be
searched ; the cargo was also liable, as all the
shippers were knowing to the embarcation of these
live despatches and their traitorous motives and

actions to the Union of the United States. I for-
bore to seize her, however, in consequence of my

being so reduced in officers and crew, and the de-
rangement it would cause innocent persons, there
being a large number of passengers who would have
been put to great loss and inconvenience, as well as
disappointment, from the interruption it woald
have caused them in not being able to join the
steamer from St. Thomas for Europe. I, therefore,
concluded to sacrifice the interests of my officers
and crew in the prize, and suffered the steamer to
proceed after the necessary detention to effect the
transfer of these Commissioners, considering I had
obtained the important end I had in view, and which
affected the interests of our country and interrupted
the action of that of the Confederates. I would add
that the conduct of her Britannic Majesty's sub-

jects, both official and others, showed but little
regard or obedience to her proclamation, by aiding
and abetting the views and endeavouring to con-
ceal the persons of the Commissioners. I have
pointed out sufficient reasons to show you that my
action in this case was derived from a firm convic-
tion that it became my duty to make these parties pri-
soners, and to bring them to the United States. Al-
though in my giving up this valuable prize I have de-
prived the officers and crew of a well earned reward,
I am assured that they are quite content to forego
any advantages which might have accrued to them
under the circumstances. I may add that, having
assumed the responsibility, I am willing to abide
the result.
"I am, very respectfully, your obedient servant,
"CHARLES WILKES, Captain:
" Hon. Gideon Welles, Secretary of the Navy."
The following is a copy of the orders issued by
Capt. Wilkes, of the San Jacinto, to Lieut. Fairfax,
executive officer of that vessel, for the arrest of
Messrs. Mason and Slidell :
"United States steamer San Jacinto, at Sea,
Nov. 8.
" Sir,—You will have the second and third cut-
ters of this ship fully manned and armed, and be,
in all respects, prepared to board the steamer Trent,
now hove to under our guns. On boarding her you
will demand the papers of the steamer, her clear-
ance from Havannah, with the list of passengers
and crew, Should Mr. Mason, Mr. Slidell, Mr.
Eustis, and Mr. Macfarland be on board, you will
make them prisoners, and send them on board this
ship immediately, and take possession of her as a
prize. Ido not deem it will be necessary to use
force—that the prisoners will have the good sense
to avoid any necessity for using it ; but if they
should, they must be made to understand that it is
their own fault. They must be brought on board.
All trunks, cases, packages, and bags belonging to
them you will take possession of and send on board
this ship. Any despatches found on the persons of
the prisoners, or in possession of those on board the
steamer, will be taken possession of also, examined,
and retained if necessary. I have understood that
the families of these gentlemen may be with them ;
if so, I beg you will offer some of them, in my name,
a passage in this ship to the United States; and
that all the attention and comforts we can command
are tendered them, and will be placed at their ser-
vice. In the event of their acceptance, should
there be anything which the captain of the
steamer can spare to increase their comforts, in the
way of necessaries or stores, of which a war vessel
is deficient, you will please to procure them ; the
amount will be paid by the paymaster. Lieut. James
A. Green will take charge of the third cutter,which
accompanies you, and will assist you in these duties.
I trust that all those under your command, in exe-
cuting this important and delicate duty, will con-
duct themselves with all the delicacy and kindness
which becomes the character of our naval service.—
I am, very respectfully, your obedient servant,
" CHARLES WILKES.
" Lieutenant D. M. Fairfax, U.S. Navy,
Executive Officer, San Jacinto."
A board appointed by the Navy Department to
examine into the question of iron plated frigates
had sent in their report, from which the following
is an extract :
" Opinions differ among naval and scientific men
as to the policy of adopting iron armature for ships
of war. For coast and harbour defence they are un-
doubtedly formidable adjuncts to the fortifications
on land; As cruising vessels, however, we are scep-
tical as to their advantages and ultimate adoption.
But while other nations are endeavouring to perfect
them we must not remain idle. The enormous load
of iron as so much additional weight to the vessel,
the great breadth of beam necessary to give her
stability, the short supply of coal she will be able to
stow in bunkers, the greater power required to pro-
pel her, and the largely increased cost of construc-
tion, are objections to this class of vessels as cruisers
which we believe it is difficult successfully to over-
come. For river and harbour service we consider
iron clad vessels of light draught or floating batte-
ries thus shielded as very important, and we feel at
this moment the necessity of them on some of our
rivers and inlets to enforce obedience to the laws.
We, however, do not hesitate to express the opinion,
notwithstanding all we hear or seen written on
the subject, that no ship or floating battery, how-
ever heavily she maybe plated, can cope successfully
with a properly constructed fortification of masonry.
The one is fixed and immovable, and, though con-
structed of a material which may be shattered by
shot, can be covered, if need be, by the same or
much heavier armour than a floating vessel can bear,
while the other is subject to disturbances by winds
and waves, and to the powerful effects of tides and
currents. Armoured ships or batteries may be em-
ployed advantageously to pass fortifications on land
for ulterior objects of attack, to run a blockade, or
to reduce temporary batteries on the shores of rivers,
and the approaches to our harbours. From what
we know of the comparative advantages and disad-
vantages of ships constructed of wood over those of
iron, we are clearly of opinion that no iron-clad
vessel of equal displacement can be made to obtain
the same speed as one not thus encumbered,
speed. Her
her form would be better adapted to
form and dimension, the unyielding nature of
the
shield, detract materially in a heavy eea from
life, buoyancy, and spring which a ship built of
wood possesses. Wooden ships may be said to be
but coffins for their crews when brought in conflict
with iron clad vessels ; but the speed of the former,