The New York herald., 1861-12-30
NEW YORK HERALD MONDAY, DEUEMBER 80, 1861

'4NOA1 DIOUADWxt OVt IL
sake only that the release Of the Trent II voluntary in
voved waves Of the claim OF the government 20 hold
the captured persons the United States could in that
nave no IN saying that tho act which hal
thus already been approved By the government must be
allowed 70 draw It's legal consequence after II.
Mof the very nature Of gift, charity that the
gver cannot after the exercise Of his benevolenco is
/ past, recall or modify It's benefits.
We are thus brought directly TO the question, whether
we are entitled 70 regard tho Ielcass OF the Trent in
voluntary or whether we are obliged to consider that II
was voluntary Clearly tho release would have been In
voluntary had it been made solely upon the ground
assigned for II by Captain Wlkes--namely, want Of
asucient force to send the prize vessel into port for
adjudication IT is not tho duty captor to hazard hts
own vessel in order TO secure Judicial examination to
the Ssptured party No large prize crew. however. 10
legally necessary; for II is the duty OF the captured
party to acquiesce and go willingly before the tri-
buna TO whose Jurisdiction il appeals. II tho cap.
ssshce which the captor cannot with probable safety
himself overcome no may properly leave the vossel TO
can ever Afterwards Justly object that the captor deprived
her Of the judicial rcnedy to which sho entitled
But the second reason assigned by Captain Wilkes for
releasing the Trent differs from the arst AT BEST there
fore II must be held that Captain Wilkes he explains
himself acted from combed sentiments Of prudence and
and 50 that the release Of the prize vosse was
not strictly necessary or involuntary.
Secondy-iow ought we 70 expect these explanaticos
by Captain wakes OF his reasons for leaving the capture
Incomplete 70 affect tho action Of the British
Tho observation upon this point which lrst is
that Captain wilkes explanations were not made TO the
L
them they might have approved and taken the release
upon the condition Of waving judicial investigation Of
tho whole transaction, hey might have refused 10
accept the relaase upon that condition. Y y. M s.
But tho case ono not with them, but with the British
government II We claim that Great Britain ought
70 sist that judicial ria! has bsou lost because we
voluntarily released the oaud.ng vessel out OF consde
ration for her innocent passongcrs do not how sho
y 70 be bound TO acquoscc in the decision which
thus made by IA without necessity part and with
out owledge Of conditions her own Tho
question between Great Britain and ourselves thus
stated would be question not Of right aud of law but
of favor by her us In return for avors
shown by to her OF the value Of which both
sides ourselves shall be tho judge. Of tho
United States could bavo no thought OF raising such
question IN any case. 1A @
trust that have shown 10 tho satisfaction of the
British government by vory simple and natural state
Of the facts and analysis Of the law applicable TO
them, taat this government has mother meditaed nor
prsetised nor approved any deliberate wrong in tho
transaction to which they have ca.o its attention. and
the contrary that what has rppened has been simply
an nadyetsncy, consisting in departure BY the naval
cicerfros from any wrongful motiyo-fron rule
certainly established, and, probably by the several
parties concerned, a:tlo mpcrfcctiy urd, st9e5
trely unknown For ths error the Bsitsh cover raent
has right TO oxpct the reparaton thai we
independent State, should oypect from Gi e.. 3l2,
from any other friendly nation, il sit. case.
have not baon unaware thai in exsSipd, ~ 4ues-
tlon have lalea uto argument ier wigt
the British side Of II ny tDst my country. But
relieved fton all esnbarrass,ncnt Oh that subject had
hardly fallen into that line Of argument when discovered
that really defending aad maintaining.
ciusivciy British interest, bn AZ old, honored and Che
upon principles that Const.ute large portion OF the
dstsiciyc policy by which the United States have
developed tho resources OF continent, aud, thus
b.conng COZ s'dersb,s maritime Power, have won
,h' respect aud confidence of many nations. These
principles were laid down for rs in 1904 by James
Madison whom Secretary OF State, in tho administration
rf Thomas Jefferson IL Instructions given to James Mon
roe, our Minister 10 Eugland Although tho before
hta cGcerued descri., on of pers ons different from
those go incidentally tLa subjects Of the present dis
GDss.on, tho ground h. assumed ,bon the
occupy ani the arguments hy which he sustained him
hnas ipa min
this ropy.
''wh'aeTar = he says, "erororiy found in a noairal
vessel supposed To bo liablo any ground
70 capture and condemnation, Tho rr, III all cases
IL tlas .ha question shall not b. decided by the
oap RS T. raod r, as ss'qs, r. INA onH legal ,rs rSs b.
csptor h,msef Ia iiabia damages for abuse of his
poser Gan be reasonable taea, or jas! that beili
spoasble of pro- 8rty, OF trivial amount.
should bs pornttei without recurring TO any tribunal
v.,essr 10 examine The G egs or neutral vessel TO de-
Gle tho Important question Of their respective allie
sanccs and 10 carry thai dacinI into execution by
foreias every na .adai he may csos, into service
abhnrrent mis- cciiss cutting HIM oil from his
tous exposing bis gnd and his person to
tho at illuminating discipline, AMI his II itself
x ears aaisors Reasdn iest;co aad humanity unite in
protest. ny against 50 eStragagaut preceding"
II decide this case in favor or my g,yornrpen,
mis aSov is most cherished principles, ana reverse
and forever aba'aon Ia essential policy Tho country
ahord tho sacrnce. f nantsin those principles
an sshcrn to Chat policy. must ssrrondcr the clso H.
soe II giti be sesn itcrefore tiat this government
col inny thn sassc o tho clam presented to us ia
this respect upon - cr.s, We asked to TO tho
British na.oa Just what seaSs always Insisted all
The ian, ur n, Piiish ovcrnae,.s IS DOT made in
discoutieons maansr This government. SINCE its first
organization has scl guarded lang lugs in
saiitr
In corning my conclusion havc not focgoien TINT if
the soty this Cnoa required the dctcat0n Of the cap
ornd persons b would DO III. right and dnty OF this gov
erensnt dotain them Cut tho eiyactaal chee! .nd
waning proportion Of the existing nsurrectioa, wc
the comparative uninotice m the captured persons
themselves wci dspas s.noatety wcistod, happily for
BID mn frnm rcsor..rg 70 thai deinnce.
Nor am unaware tina, American rtizeas arc NOT n
any bo unnecessarily surrendered ,r any purpose
the supsnso .oroga State Only tho capturcd per
s,ns however, or p,hers clio nre n,cresici In them
cciia i,.s,ly rsse question on that ground
Nor have bscn tempted 1T al hy siggesticos that
might he geaud iii history where Great Britain
sed 10 yield 10 other nations aud rvoO 20 ourselves,
e'aime like that whchi- h,w before us In 50 cases
urre whom Groat E-ta, wcf as tho United STATUS,
tho &c generations whica, with all their fcci-
ar in crcsta ond Passions have passed away shc co I'D
in other way 81 edectHa'y dssavow any injury
think she does by ASSUMING hw tn,
gFs:,id upon which t.n stnsf 10 wJuk t.t iit.ie
!ar claims to che :harartr Of Just and mag
nin:yuo,s people x should fir b. guided
by TIE law Of ret,atior t. m ~ buried injuries from
tleif grave oppose against what rational oan3isteuGy
nnd the national ooscicnce csa'e, Us to regard
claim inriuslcay right
To press iny saispol that, ~ tho adgia NJ OF ia,
lresent upon pr,ncipc' c,ncss diy an2sicpn ard
yet, az trust mutaly satisfactory to both Of the
,ioas coacerael question : hnatiy and rshig settled
b,twcen tl3m ahch. hsf,,oorr exlaustng nlt only al
forms Of acria disaason b; aso the arbitraaant Of
Itself fo- haa hat ceaury a!!enste the so
countries from each other aa pcrisxcd WITH fears and
appTeheusioAs all etlies nnt.lus
Tho FOUR efsona il question are COW hold III military
custody s For; Warren, 81 the S'ae af Mnssacusctt
.&sy sciD b. cbe}ug ,sra'j ipsg lorssip gU yiecsc
iadicde Gas and ,lcca ior tecsii iiJ hem.
avail selt OF Tho creaon 20 plr to your ordship
renewed Ns3;,ranc. nt M vrry hsh cons isrnton.
WILLIAM II SEWARD.
Lord Lyons TO Mr.. seward.
WAsaiycroS, Dec. ~, 1881.