The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1861-12-16
REPORT OF CApr. WILKES
WHY HE DID Nor SE'zE TIE TREVy.
The following Is the report al Capt wilkes,
assign ing his rea SONS Tor ths arrest Of g..s.rs
Mason and Slidell

The following Is the report al Capt wilkes,
| assign ing his reasons Tor tn arrest of ales.rs
| Mason and Slidell:
u. =. Srsax SAN JaofSro,)
At Sea, Nov. IG
Sir LIN my dispatch by Commander Tay.
ior confined myself to the reports of the
movement Of this ship, and the facts con
nectad with the captnre cf Messrs. biason,
Sideil, Eustis, and MacfariInd, as / iutende.
~ write yOu particularly relative 10 the rra.
sons which induced my action Ill makiug g
these prisoners.
When heard at Cienfuegos, on the south
side OF Cuba, of these Commissioners having
landed on the Island Of Cuba, and that they
were at Havana, and would depart in the
English steamer of ,he 7th of Novembe ber, /
determined to intercept them, and carefully
ekamined all the authorities on information al
law to which had access viz: Kent, w hsa ton
attel, besides various decisions OF Sir VIII
liam scott, and other judges of the Admi
rally Court of Greit Britain, which bore
upon the rights Of neutrals and their respon.
sibilities
The Governments of q reat Britain France
and Spain have issued proclamations that
the Confederate States were viewed, con :
sidered, and treated as belligereuts and
knowing that the ports OF Great Britain,
France, Spain, and Holland, in the West
Indies, were open to their vessels, and that
they were admitted to All the eourtesies and
protection vessels OF the United States receive
every ala and attention beng given them,
view and decision, and broup ut them within
the intern ational law of search and under the
responsibilities. / therefore felt no hesita.
tiOn ia boarding and searching all vessels of
Whatever nation Iell in with and have done
The question arose in my mind whether 7
mad the right to capture ths PERSONS OF these
colnmissioners-whether fhru We're amenable
70 capture. There was no doubt had the
right to capture vessels with agitsa dispatch as
they are expressly referred 10 in all II uthori
ties, subiecting the vessel to seizure and con
demnation If the captain of the vessel had the
knowledge of their being on board Rutthese
gentlemen were not dispatches IN the literal
sense, and did not seem to cDlne under that
designation, and nowhere could | lind Il case
in point
That they were commissioners had amtte
proof from their own avOwal, and bent on
mischieyous and traitorous errands against
our country-tO overthrow its ius ututions a nd
enter in TO treaties and alliances with foreign
States, expressly forbidden by the Cons!itu-
tiOn.
They had been presented to the Canaan
General OF Cnba by II Is. NJ. Consul Gene
raj, ont the Captain General told me he had
not received them in that capacity, hut as
distinguished gentlemen and s1rape ers.
then considered them as the I'm oooimen +
OF dispatches, and as they had openly dc e-
clared themselves a charged with alI au-
thority from the Confederate tiGvernmeut 10
form treaties and alliance tending t. the IS
taoifshmeht OF their independence, / beam e
SsetLSucu Ludt tHtiI mission WaS adverse 4 I'D
criminal to the Union, ana il. therefore, he
came my duty to arre7t thelT progress and
capture them, if they had no passports o. pa
pers from the Federal /. 3y+rnment as prc
fided for under the law or natione yi2 -
That foreign ministers of nel!:Qvrept on
board OF neutral ships ara required 10 pos
sess papers from the Other baliIgerent Ia per.
NIT them 10 pass free
Report and asSum ption gave inem the tiIie
Of Ministers TO France ana England, bnt IN
asmuch a. they hal not been reCeisr I'd hy ii
ther OF these powers, l did not conceive they
had immunity attached 10 their persons, aul
were ont escaped coDSpiratorS, plotting auQ
contriying 10 overthrow the tioVprnment q
the L. States, and they were therefore no. 10 De
considered as having any claim to the iInmu-
mites attached to the chardct ter they thong III
lit TO assume.
As respects the steamer in which they EN-
barked, | ascertained in the Havana that she
was merchant vessel plying between Vera
Cruz the Havana and st. Thomas, carrying
the mail by contract.
The agent of the vessel, the soh OF toe
British Consul at Havana, was well aware
OF the character OF these persons. that the ey
engaged their passage and did embark IN the
vessel; his father had visited them and in tro
duced them "a ministers OF the Confederate
States, on their way to England and France.
They went in the steamer with the know
IedRe ana consent OF the captain, VINO en-.
deavored afterwards 10 conceal them fy re
fusing to exhibit the passenger list, and the
papers OF the vessel There an r. 10 douf.t h,-
knew they were carrying highly import ant
dispa tr hes, and were endowed 18th instruC-
tions intmicai 10 The United States. THIS
rendered his vessel ca nentr>l j i good priz-,
and l determined 10 take possession Uf her,
and. as mentiona. in nv report. lend hei III
Key West tor 40 udlcation, Whrr-, | am we'll
satisfied, she Would have been condemned Tor
carrying these persons, AMI tor resisting 10
be searched; the cargo was al liable a All
the shippers were known 10 the embark ition
OF these HfS dispatches, and their traitorous
motives and action to the Union OF the sGi-
ted States.
l forbOre to seize her, h o viewer IN conse-
quence Of my being so reduced III iiicers and
crew. and the arrangement it would cause in
nocent persons. there being Ii large number OF
passengers, VINO would have been put &c
great loss and lncoavep fence, IS well aS dis
appointment. from the interruption II would
nave caused them IA not being able to I7iu ths
steamer frOla st. Thomas for Europe.
therefore, concluded to sacrifice the In terest,
OF my officers and cfew In the priza, and suf
fered the steamer Ia proceed after the ntces
sary detention 10 effect the transfer of thest
commissioners, considering l had Obtained
the i'm portant cad ! had an view, and viii ct
affected the interests of our country, anC
interrupted the action OF that OF the Con
federates.
! would add that the conduct of II. Il NJ.
eubjec Is. both official and theirs, showed bu
little regard or obedience to her proclaim ~
tion, by aiding and aheuinE the views ant
endeavoring TO eoneesi tie persons or th'
Commissioners.
! have pointed out suf1cient reasons /,
show you that my action in this ease was de-
rived from firm conviction that IL became
my duty to make these parties prisoners, anC
to bring them to the United States.
Although in my giving up this valuable
prize have deprived The officers and crew o
a well earned reward, 1 am assured they ar,
quite content to forego any adv vlntageS W Whicl
might have accrued 10 them unoer the cir
cumstances.
Imay add that having assum ed the respon
81, itV am linz m hi Ia ff,a
Il am, very respectfully,
Your obedient servant,