Cincinnati daily press. [volume] (Cincinnati [Ohio]) 1860-1862, 1861-12-16

in relation to the arrest of Mason and Slidell
on board an English vessel. The English
people are very much excited, and call upon
the Government to Immediately demand not
only an apology from our Government, but
that Mason and Slidell be delivered up and
to depart for their original destin-
alton.
The English press generally admit the
legaity of the arrests; that is, in accordance
with the grounds heretofore assumed by Eu-
gland herself while at :, ar with other ma.
tions-but cSgJect to the manner in which
Icy were made. The Times says, among |
other things, that the vesSsl ought to have
been taken possession of by the American
commander and the whole matter adjudiGated
by the proper authority, contending that
Lieutenant and boats crew were not the
proper persons to decide upon so grave
subject.
The London Telegraph admits that the ar
rests were effected upon British ground"
end that "this interception of the Commis-
sioners was by no means unexpected" The
Tele97dph further remarks:
"With regard to the law of the natter
there does not appear any likelihood Of
suestion. 1t is, we believe, admitted on this
side that a belligerent has right to board
the commercial vessels even Of a friendly
rower if there be sufficient reason for sup.
posing that it carries any thing belonging to
the other bellgerent that is contrabaud of
Wsr. And probably dispatches of treason
able character might be condemned under
that head, even if the Commissioners them
selves are not to be classed as contrsband
Speaking upon the strictest letter of the law,
it might be considered that any moneys
which the Commissioners carried were con-
trabspd, especially if they were designed to
meet expenditure on behalf of the Oonfed-.
crate Administration, or in pursuance OF its
objects as q belligerent. Of course, the con-
tingency which has just happened was not
unforeseen here, and we believe that these
views have, for some time, been understood
as likely to prevail in the affair"
This ia a plain, straightforward view of
the case, clearly admitting that both law
ard precedent is on our side, and that the
people and Government of Great Britain
have no reason to complain.
The London Star takes the same ground,
and makes the following sensible remarks,
which seem to us to be conclusive.
iThe event has not been unanticipated.
It was, indeed, expected to have come off on
this side of the Atlantic. II is notorious
that Federal ships have left our own ports to
watch for the mail steamer with the delib-
crate intention OF taking from her the Com
missioners. The opinion Of the laV officers
Of cur GOwn has been taken on the subject,
and tOe are assured that ii is clearly in fdvor
of the right assumed By the United States Coz
eTnnent.
We do not see on what Interpretation of
the law Of nations and the privileges of bel
lgeIsnts contrary opinion could be sus-
tanned. However disagreeable the arrest of
an English steamer on the common seas, and
the forcible removal from under our flag,
against the protest of her officers, of gentle
men who had probably made themselves
very agreeable fellow voyaEers-however
consonant with English spirit and usages the
declaration of Commander Wnliams-the
question Of right is not one to be decided on
a quarterback, or under the influence OF
irritated feeling.
Our submission to such untoward incl
dents is only part of the general penalty
exacted of civilized nations by us 10 any ift
of the world. The Captain of the San ia
ciHtO did but act upon principles which have
always been asserted by his own Govern
ment, frequently exercised by ours, and are
probably inseparable from maritime warfare.
The right of belligerents to search neutral
vessels for contrabsnd persons and other
articles is but too we'll established.
Assistance may be rendered to an enemy
by neutral in many other ways than by the
conveyance of stores or munitions to hos
tile particularly by the commuuica-
tion of information and orders from the bel
lieerent government to its officers abroad. or
the conveyance of military passengers" The
conveyance of dispatches is especially pro-
hibited to neutrals as these are capable Of
producing the most important consequences
in the operations Of the enemy"
Now, if the law of nations sanctions the
arrest of Mason aud Slidell, and if these ar
rests were made in accordance with the prac-
tice of England under like circumstances,
why have the English people and portion
of the English press worked themselves up
into such pitch of excitement2 The fact
is, their own doctrine is reacting upon them.
Tie "right of search" has been contended for
by England from "time immemorial," :" to a
much greater extent than that practiced by
Commander Wilkes; and this right, as in
terpre'ed by her, she has never reliuquished,
although compelled by the United States to
suspend the practice of it.
The most important feature, however, in
this matter, is the fact that England, against
the earnest remonstrance OF our Govern
ment, has recognized the so called Southern
Confederacy" as a belligerent power. This
recognition makes the arrest of Mason and
Slidell legal, because belligerent can search
the vessels Of neutral nation to ascertain
whether she is carrying any thing contra
band of war; and dispatches, or persons act
ing as agents of belligerent come under
that head, according to British authority.
Our latest dispatches state that Queens
messenger has been sent to Washington, with
instructions 10 Lord Lyons-that an apology
will be demanded of our Government-that
Louis Napoleon has offered to mediate be.
tween England and the United States, and
many other things which no doubt contain
The usual exsRgerations.
We do Lot think that war with England
will grow out of the arrest of MasoP ant
Slidell England may demand an apology
for the manner in which the arrests wer,
made, and may request that British vessel
may not be detained upon the high seas in
like manner, but we do not believe that th'
Cabinet of England will demand the giVinl
mp of the prisoners. They must know thai
such demand could not be aceeded to by
our Government, and would, If persisted in