The New York herald., 1861-12-30


the r case have arrested Asssrs Mason and siidsl,
Tho United States have admitted with u.s. tho treaties
concluded between tho countries that the freedom
| tho flag extends itsolf the persons found on
board should they be enemies Of OF the two parties
unless tho question Is OF military people actually
in the service Of the enemy Messrs. Mason and sde
wore, therefore, by virtue Of this principle, which
nave never found any difficulty IN causing to be inserted
I'D our treaties OF friendship and commerce. perfectly
liberty under the neutral flag Of England. Doubtless il
VIII not be pretended that they could be considered
cohtraband q war That which constitutes contraband
OF war Is not yet IL Is true exactly settled tho mits
ons are not absolutely the for nil the Powers hut
IN what relates TO persons the special stpuatons which
arc ouhd IN the treaties concerning military people define
plainly this character Of those who only DO seized
upon by begerents but there need to demonstrate
nat Messss Mason ana slidel could not DO assmiaed
There remains therefore, to invoke, In explanations OF
their capture only the preext that they the
of Official dispatches from tho enemy But this il the
nom snt 70 recall circumstance which governs a this
affair and which renders the conduct Of the American
cruiser unjustihable. The Trent destined 10
point belonging to Of the begerents she was car
rying 10 neutral country her cargo aud her
ana moreover, II was in neutral port that they
II II wore admissible that under such conditions tho
neutral nag does not coap'esey cover tho persons and
merchandise 1t carries its immunity would be nothing
more than idle word. At any moment the commerce
aud the navigation OF third Powers would have suffer
from thor innocent and even their indirect relations
with tho one or the othor Of the bcgsrens These al
would no longer nd themselves having only the right
TO exact from the neutral entire impartIay and in
sooCs al On n3 part IN ac8 Of hostility
they would impose Oh hts freodom Of commerce and
navigation restrictions which modern International law
has refused % admit Is iegitiast and should
word, al back upon vexaous practices. against which,
IN other epochs no Power hcs earnestly potested
than tho United States.
the Cabinet Of Washington would only took On tina
two persons arrested rebels whom IL ID always lawful
TO seize the question: to place other ground could
not be solved however, in In favor OF the com.
mander OF the San Jacnt0 There would be- in such case
misapprehenson OF tho principle which makes vessel
portion OF the territory Of the nation whose flag bears
ana violation OF that immunity which prohibits foreign
sovereign by consequence from the exercise Of his urs
dction il certainly necessary recall 10 mind with
what energy under every circumstances tho government
OF the United states has maintained this immunity aud
the right Of asylum which is the conseq lence Of IT,
. mol Wishing to cutter upon o deep discussion of
the questions raised by tho capture Messrs Mason and
Sisdell have said enoagh think, 10 settle the point
that the Cabinet at Washington could not without s,rk
ng blow 1T the principles which all neutral nations
the attitude OF contradiction Of its own course up 20 this
time give its appreciation to the proceedings of
ander Of the san Jacinto In this state Of things evi
IDENTITY should not according to views hesitate about
the determination 10 be taken
Lord Lyons already instructed to present tho demand
Tor satisfaction which tho English Cabinet s under tho
necessity OF reducing to FORM and which consists in the
lnnebatc release OF the parsons taken board tho
Treat and Ia sending explanations which may take from
this act its offensive character toward the British aay
The federal government will DO inspired by just and
exalted feang IN defofr'Hg TO these requests One wod
search in vain to what end for what interest il would
hazard 70 provoke by different attitude rupture with
Great Britain.
For ourselves should san Ia that fact eDoraAle
compication in every respest, OF tho dicu,tcs with
which The Cabinet at Washington has already struggle
and precedent OF nature seriously 20 disquet ali the
Powers which continue outside Of the existing contest
Wo beavc that we give evidence OF loyal friendship
the Cabinet of Washington by not pcrmsLing 10 remain
in ignorance ia this condition OF things Of oar manner
OF regarding II. request YOU therefore, sir, TO seize
the frs, occasion Of opening Yourself frankly TO Mr..
Seward. and, il he asks IT, semi him copy Of this
despatch.
Receive sir the assurances of my high consideration
TllouvENEI..
Monsieur HxGt MsRcEs, Minister OF the tmperor at
MIR. Seward to M. HTcrcIer.
DErAsrMxNr Srara
WASHINGTON, Dec. 81, 1861.
NJ. H-sm MssGsa, &C., &c.:-
sn-I haye submitted TO the President the copy you
wore good to give Of the despatch addressed to
tho 81 OF Docebcr instant concerning The recent
proceedings OF Captain Wilkes In arrestug certain per
sons On board Of tbs British conrac. mail steamer Trent.
Before reoiving the paper, however, Tbs President
had decided upon tho disposition to bs msds 0f the
subject, which has caused so much aux,ety ia Eu.
rope. That disposition Of the subject, AS think,
renders unnecessary any discussion OF IL reply TO
tho comments Of NJ houvene. | am permitted,
however 20 say tha, ~ louveasi has not been
in suppos first, taat the goyernnsn Of tho uaeI
States has not acted in any spirit OF disregard Of tho
rights or Of the sensiblitiss of tho British nation and
would cansstnty yntcae, by their practice this
cson the character they have long maintained
advocate o the most bsra principles coacern,ng the
rights OF neutral States in maritime war.
Whom the frenc. goYsrnnent shall at large
tbs saws OF this government and .os. Of the goyernmon
OF Great Britain on iho subject question, aud TO
compare them with the yiaws expressed by NJ honyene
ON the part CT rraaco, il will probably percci, that
while IL nas be Admitted that those throe Powers are
equally Impressed with the desire for The establish
men ot ncipes favorable to neutral rights thare
the same time, not such entire agreement concerning
the 'ia,i,n Of ia principles desirable secure
that Important object.
The government or the United States will be happy is
tdc occasion wh; has elected :is correspondence can
be improved as 10 iaiaite agreement
upon the whole subject all by maritime Powurs.
foa will assure NJ T,oscDe that this government ap-
pcecates welt tho trankEcss of his explanations
the spirit Of friendship and good viii towards The United
States in which they Expressed.
r is pleasure FOR the Gnied States to exchange
Of friendship which had ~ origin in asso.
Citations the most gacrcd in the history OF both countries
avail myscif OF this opportunity renew you Sir
inv assurance Of M high cousde alton.
WILLIAM H. SEWARD.