Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1861-12-13
0ould e moro fruitful source of turmoil

onart from every other consideration, invests
II with tho public character ofthe war cruiser
ami entities it as much to the protection OF 'he
principle announced.
Admit the case to be q novel one. ADMIT
that the exact question has never before arisen
NJ becn determined. Yet the reason OF inter
national law, as Of the common law, is the lie
of the lav-u66 eade1n ratio, 1tt tdem gus
ond we have seen that but one result can De
arr;vcd at. if this reason DO carried to It's le-
Ultimate extent.
. But we are not left altogether to the mere
,o,son of the thing. There are elements OF q
nubllc nature in these mail steamers, OF when
t.bc Trent was one, which stamp them indell-
hlv with a public character. The mail steamer
is not only used in government service, out is
,,dor government control. 4 British ofhcer
commands it; and in time of war, it is as much
in the province OF the sovereignty OF Great
R-itoio 70 command its services as q bellIge.
,ont as if it were & regular man-ol-Tar. The
nrcucrty. too, in tho mail steamer is, l learn,
nn,riIr, # not chiefly in the British govern
Ifpcu': and hence the proviso rs to its use as u
war vessel when hostilities are begun, OF when
rs services are demanded.
If BRUSH authority were needed in support
If the statements in the fact it is at hand. In
nm article in a British newspaper the public
character of the Trent is clearly shown.
The Trent, then, being q public vessel OF a
n.n,ral sovereign, the United States war ship
San ,Jacin.o had not the power, under the law
cf nations, to visit and search her for contra
band articles or persons.
THE SEIZURE AND ARREST OF NEssHS. MASON AND
SLlDELL-
think ! have dcvE onstrated already that tho
| yis;ta;ic:. and search OF the Trent, without any
! further act Of indigDity, was 4 wanton outrage
! upon the hig Of Great Britain. shall nov
| piocec1 10 show that, whether the Trent be q
! public or private vessel, and whether the right
CT vi:ita.;un and search for contraband articles
a-G pcrsOn; exist or not, the seizure Of MessTs.
N. and s., and their removal from the Trent,
Tas $ s:rsS violation Of international law.
Upon the preteyt that these gentlemen wcre
not ambassadors OF diplomatic agents, there
is not the shadow Of q doubt that their seizure
was IN warranted by international law. If that
prc:cxt have any foundation Of truth, it must
be upon the ground that President Davis il
not the authorized head Of a government de
.tacto, and had not the power 10 commission
them as diplomatic represet ~tatives.
B1t if this be- so, the following Consequences
WOOL! n1w. Whatever be the writings they
hc.e, as these did not enanatc from an Official
source, !hcy wcre not dispatcaes;; and the au-
,ho,i.y So mach relied on to prove the power
to visit this vessel and to seize the commission.
ers, does not apply. IL is we'll settled that
when papers arc communicated from O person
not clo:hcd with any public official character,
they 10 rot cone within the definition Of ais
J TL. U,,.J Elu, ODE. H., T,-.lt,p
G Rob, ia9. So that in stripping Acssrs. Ma.
aaa and Siiteli OF their diplomatic character,
because not commissioned from all official
source, tie Unitcd States government depriSes
itself OF the Only possible pretcxt upon which
the seizure can be justified.
But taking the other and the true view Of
this subject, thu Ihess gentlemen we're diplo~
matic agents, the act VI Commander Wilkes
is invested with peculiar ~atrocity. Here were
public functionarlcs, clothed with the char
ac.er Of ambassadors, arrested, seized and
forcibly re.noYed-ao. merely from q private
vessel OF Z neutral, but from q national! public
vesse. OLA Srea. maritime power, III which
they had entered uuivr :!lc pledge Of personal
m,tccti"r and SAFETY. 1te person oil al
ambassador il sacred everywhere; his dis
patches ,rnln i. Neutral territory are sacred
No nat."., l'.ai prctends to any dcgrcsc Of
enli.h.::4a.yI.t arrl civil Zation dares 10 otter
him al ittiiGnitr.
Ta.tei saYs: Embassies being Of such great
Importance III Ia. universal society Of natIous
and so necessary 10 their common well being
the persons of ministers charged with those
embassies tire to be held sacred and iHriOla6le
among al! nliiIIs. Whoever oG.rs violence
to m ambassador, or to any other public min
istcT, not only Injuries the sovereign whom
that minister represents, but also attacks the
common safely and well being Of nations; he be-
comes guilty ui an alrocious crime against man.
kind in general" Bk. 4, CHI. {, :. 81. There is,
on this point. peyicctunanirnity among the all.
t~iloritics; and i. is well, in a matter ofsIci! vital
Necessity, thai there is not Il dissrntienL voice.
Ga neutral ground, the minister is inviolable;
AID & g war be pending. while the belliScrent
po"er may refuse u passage to the minister
whom h!s enemy sends to other sovercigns,
rury. iadccd, arrest him if be attempts to pass
privately arl without permission through his
u~n trrriIory-or may capture him in the YES
SCI 0; aa,,h:, belligerent-yet never was it
lear'i CT before that the right oil capture or
sa,xlre was exercised on the person Of an am.
iassador ii: q neutral vessel! On what possi-
ole grcucG can the Outrage be justified?
L. matters not, in considering the immuni-
tics: Of these gentlemen ambassadors, whether
tue nation Trey represent had been formally
recognized. Diplomatic intercourse may begin
mucn earlier than a formal recognition, ard
the agerts sIupIoycd, though not invested with
! the representative character, and not entitled
to dir.uin4;ic hunors, yet enjoy the immunities
Of regularly accredited ministers. This plain
! 1riac:p.r II International law is designed OBJ
viau<iy iur The advantage and security of no
,iv.S anG 10 ahviate occasions Of c~9nti.cL no
5::."r rule you'd comport with the prescrTs-
;,on U: p=ace ard harmony between sovereign
.pw"rS. Let me quote from Wheaton, an au-
, s,rr:i y e.ist. relied on by those who maintain
tic ~ja-:n,ss ant legality Of this seizure:
"Hnr:c IA empire is severed by the revolt
u > yrDv,ncs or colony declaring and main
;a;ta.#g its Independence, foreign States are gov
.gIci oy expectancy in determining whether
they will III diplomatic intercourse
~ilh toe new state, or wait for its recognition
by the metropolitan country. For the purpose
Of avoiding the difficulties which might arise
from a formal md positive decision of these
questions, DIPLOMATIC agents are frequently
! substituted, who are clothed with the powers
and criov the iiEmunitics Of ministers, though
they are not invested with tho representative
character, nor entitled to diplomatic hcnoTs."
7 have before replied to the plca that might
he urged il vindication of tho act, that Messrs.
Mason and Slideli were not ambassadors or
public ministers OF any sort-merely rebel
agents, sent forward 20 devise measures Of Of
fence against the United States Government.
Admitting them TO be rebel agents and not
ambassadors or public cmissaries, the United
| States Government had no legal redr css unless
bv treaty stipulation between herself and,
Great Britain, she could havc demanded their
delivery.
y nd thoy be seized as military per-
SONS Their functions were surely not that of
armrr:: and rqnippinS forces Oh the soil of
! t;rta; l;r;a'r. .: FtAnc-, or an; ether foreign
Sovereignty, With tie view Ia render material
assistance 10 l.e Southern Con:ederacy. Nor