The weekly pioneer and Democrat. [volume] (Saint Paul, Minn. Territory) 1855-1865, 1861-11-29
Commodore Wilkes Sustained i'm the
Capture OF Mason and Slidell.

tuc ucCiSlOuS vi 1LuS iicu OOuLIo3 ouu tue
declarations and action of the British Gov
eminent. Our space will not permit of the
citation of many authorities bearing upon
these points, but we give few of the most
notable, which we find in the latest papers.
By late English writer on the law OF
contrabands, dispatches and military pas
sengers are denominated quasi coatrabamd
of acar, and upon this point the great mod
ern authority on all questions relating to
the law of natious, Sir WILLIAM SCorT, re-
marks
The carrying OF two or three cargoes of
stores is necessarily an assistance of a limited
nature ; but in the transmission of dispatches
NAV be conveyed the entire plan of a campaign
that may defeat all the projects of the other
beliggerent in that quarter OF the world. 1t is
true, as has been said, that one ball might take
off Charles Kill, and might produce the most
disastrous effects in campaign; but this is a
consequence so remote and accidental, that in
the contemplation of human events it is sort
of evanescent quantity, of which no account is
taken, and the practice has been accordingly
that it is only in considerable quantities that
the offence of cOntraband is contemplated.
The case of dispatches is very different: 1t is
impossible to limit letter to so small size as
not to be capable of producing the most i'm.
Ortant consequences in the operations of the
enemy; it is q service, therefore, which, in
whatever degree it exists can only be consid-
cred in one character, as an acs of the most
noxious and hostile nature.
After stating, then, that in ordinary ca.
SEES of oontraband the law of nations, with
great lenity, ln1icts on the ship only for~
fixture of the freight, he continues:
But the offence of carrying dispatches is, it
has been observed, far greater. To talk of
the confiscati0n of the nOXious article, the
dispatches, which constitutes the penalty in
contraband, would be ridiculous. There would
be no freight dependent upon it, and therefore
the same precise penalty cannot, in the nature
of things, be applied. 1t becomes absolutely
necessary, as we'll as just, to resort to some
other measure of confscation, which can be
no other than that of the vehicle.
1t seems, then, to be settled by this de-
cision, that transporting the dispatches ad-
dressed to the representatives of belliger-
ent residing in foreign countries, is such a
contravention of the laws of neutrality as
to subject the vessel made use of, not only
to arrest and detention, but also 10 seizure
and condemnation by the cruisers and courts
Of the other belligerent.
The principle, moreover, has been fully
recognized in the public action of the Eng
lsh Government. Thus we find in the dec
laration of war by England against Russia,
of the 2Sth March, 1854, the following Ian.
guage:
1t is impossible for her Majesty to forego her
right of seizing articles contraband of war,
and of preventing neutrals from bearing ene-
mics dispatches.
The case is put still stronger in the
Queens proclamation of neutrality between
the United States and the rebel States,
where the following language is used:
AND we hereby warn all our loving subjects
and all persons whatsoever entitled to our
protection, that if any of them shall presume,
in contempt of this our royal proclamation
and of our high displeasure, to do any acts in
derOgatiOn OF their duty as subjects of neu.
trail sovereign in the said contest, or in viola
ton or contravention of the law of nations in
that behalf as for example and more especial
ly by entering into the military service of
either of the said cOntending parties, or
by carrying officers, soldiers, arms, military
stores or materials, or any article or articles
considered and deemed to be contraband of
war, according to the law or modern usage of
nations, for the use or service of either of the
said contending partes-all persons so offend.
ing will incur and be liable to the several pen.
alties and penal consequences by the said sta.
tute, or by the law of nations in that behalf
imposed or denounced. And we do hereby
declare that all our subjects and persons emit.
tied to our protection who may misconduct
themselves in the premises, will do so at their
peril and of their own wrong, and that they
will in no wise obtain protection from US
against any liblities or penal consequences,
but will, on the contrary, incur our high dis
pleasure by such misconduct.
These citations dispose very efiectually
of any doubt that may have existed as to
the fact that the English vessel, which was
carrying out these rebel Commissioners and
their dispatches, was acting in fragrant vio-
lation of the laws of neutrality, and of the
express ipjunctions of the English Govern
ment. The other question, which the ac-
ton of Capt. WILKES may raise, viz:
Whether it is an an infringement Of the
rights of ambassadors on board of neutral
vessels, we also find disposed of by an Eng
lish adjudication. Sir WILLIAM ScoTr
says:
The limits that are assigned to the opera.
tons of war against them, by Vattel and other
writer's upon these subjects, are that you may
exercise your right of war against them when.
ever the character of hostility exist; you may
stop the ambassador of your enemy on e
passage.
The Memphis appeal aIludes to the
withdrawal of the Federal army from South
West Missouri, and says:
"The descent of the Mississippi will be
made by probable force of from $4,000
to 100000 troops. To meet this force
will require all the resources that can be
brought to bear against it. The Federals
are building, and have well nigh completed,
six or eight gun boats, to be accompanied
by one hundred and fifty barges as transports