The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1861-12-09

imagine.
important by the Arrica-The Case Of
Mason and SlideN Settled in Advance
by the English Government.
The news received by the Africa, though not
bearing directly on the affair Of the Trent, is yet
of nature to dispe any uneasiness with regard
to the course that the English government will
pursue in reference to it. The Edinburg Scots
INDIAN old established journal, and generally
reliable in its statements-has story which,
if true, completely settles the Mason and
Slidell difficulty II says that on the arrival of
the James Adger in Southampton, ostensibly for
the purpose OF refittng, the British government,
having reason to suspect that the real object Of
her presence in British waters was the seizure Of
the West India mail steamer, then due and, as it
was supposed, with the rebel Commissioners on
board, issued orders to the British war steamer
Phaton to watch her movements and protect
against her any vessel bearing the British flag.
This assumption, we need not say, was entirely
unfounded, as it is notorious that the James
Adger was sent over to capture the Nashville;
and, falling in that object, she has since returned
nome. ana Is now Ut EUllducl)Ild.
The British Foreign Office seems to have pro-
cceded in this matter on the slightest possible
evidence. few chance expressions that drop
ped from some of the crew Of the James Adger
appear to have been the chief, if not tho only,
ground for its action. After remaining few
days in port, attracted, as the story runs, by the
hospitalities of the placea fact in itself suf-
ficient, one would think, to rcfute the suspicious
entertained in regard to the object of his instruc-
tions-thc American captain put to sea, but, en-
countering severe gale on the South coast,
was forced 10 anchor al Calshott. The mail
steamer had in the meanwhile arrived couple
Of days before her time-her captain, and no
doubt the captain Of The James Adger, both
unconscious Of the supposed hostile relations in
which the activity Of the rebel agents in London
had been placing them.
The zeal Of these latter has, however, been
productive of result which they had not cal
culated upon The raising Of a difficulty in
the case of the James Adgcr has had the effect
OF prejudging that of the Trent, and binding
the British law officers by their own declara-
tions. 1t appears that in consequence of the
facts above narrated correspondence was
opened between the authorities in Downing
street and our Minister, Mr.. Adams, in which
the latter disclaimcd, rs he well might do, all
knowledge Of the instructions alleged to have
been given to the former vessel. In the course
Of this correspondence it was ascertained to be
the opinion of the British law officers that SIC
cording to the Interpretation Of tie lar, as laid
doom IN former decisions. the relations Of Greet
Britain to the Amorican 1elkJerents acere perhaps
such that there might hare been fair lega! grounds
for the american cruiser Selling the mail steamer
as prize eres, il British acoters if It could hare
been sho,cn that she hao,cingy hor1ored the per-
sons and property Of enemies Of the United States,
IN The shape Of the delegates and their dispatches"
Here we have the case of the Trent fairly
and distinctly settled in our favor. There can
be no question us TO the existence Of all the
conditions required above as being necessary
of the Trent could not plead ignorance of the
quality and mission of Mcssrs. Mason and Sill
dell when he took them on board. They were
the objects of repeated public oyations at Ha.
vana, and We're presented 10 the Captain Gene
raj by the British Consul himself But, even
were this no. So, il will be found, when The
case comes to be further discussed, that igno-
rance Of their character would constitute no
ground Of exemption from seizure. That principle
has been laid down by some Of the ablest
writers on international law and is in confor-
nifty with the precedents established by Eng
land herself. The question, if any, will turn
on the pacific and upbelligerent objects of the
parties seized. II simple passengers, placing
themselves under the protection of the British
flag, we should undoubtedly be exceeding our
rights in arresting them. The address of JEFF
ferson Davis to the rebel Congress, however,
settles that issue. He has removed the only
really doubtful point in the controversy by
proclaiming the official character Of his ennis
saries
Thus all the anxiety and suspense occasioned
amongst timid people by Captain Wilkes bold
act may be considered rs terminated in advance
Of u knowledge Of its effect at the other side.
The London Times and thy. tory journals gene
rally have, we presume, onfeceipt of the news,
made great show Of Indignation over it; but
their rawlings will have no sort of influence on
the conduct of the British government. We
have now an opinion from the law officers of
the crown in support of the view taken by that
officer of his duty, and we need trouble our
selves but little about the law of the newsna-