The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1861-12-11
THE MASON SLIDELL AFFAIR.
The Official Report ofCaptain Wilkes Reasons for
Not Selling the Trent-Ths Rebels Embarked
with the Knowledge Of the English
Captain-The Orders for
Boarding the Trent,
&c., &c.,
CAPTAIN WILKES TO MIR. wELLEs.
UNITED STATES STAMER SAN ,JAcINTO

&C., &C.,
CAPTAIN WILKES TO MIR. wELLEs
! UNITED STATES SrAMER SAN JAcNTO, l
/ AT SEA. Nov. 16, 1861. (
sR--ln my despatch by Commander Taylor confined
myself to the reports of the this ship and
tho facts connected with the capture OF Messrs Mason
Sidell Eusts and mcfarland, AS intended TO write you
particularly relative to the reasons which induced my &C
ton in making these prisoners.
When heard ut Cicnfuegos the south side or Cuba
Of these Commissioners having landed the Island OF
Cuba and that they at Havana and would depart in
the English steamer Of the It'll of November determined
to intercept them and carefully examined al the author
ties on International law to which had access, viz
Kent, Wheaton. vatte besides decisions Of Sir
Wm Scott and other Judges of tho Admiralty Court OF
Great Britain which bore upon the rights of neuras aud
| their responsibilities.
The governments OF Great Britain, France and Spain
having issued procamatons that the Confederate States
viewed, considered aud treated as beigorents and
knowing that the parts Of Great Britain France Spain and
Holland, in The lpet indies open % their rsses and
that they ,oere admitted 10 all the cotsies and protection
essels Of The Tinted States received eDsry aid and attention
eing gn them proved clearly that they acted upon this
view and decision, aud brought them within the inter
national law Of search and under tho responsibilities
therefore fell no h alton ia boarding and searching all
uessels, Of Whae,sr nnftn fell IN , and hare done
The question arose IN my mind whether had the right
to capture the persons Of these
they were amcnabc to capture. There was no doubt
had the right TO capture vessels with written dispatches
they are expressly referred to in all authorities subject
ing the vessel to seizure and condemnation the captain
Of the vessel had the knowledge of their being board
But these gentlemen were not dispatches in the literal
sense and did not to under that designation
and no where could find a case in point
| That they Commissioners had ample proof from
their avowa and bent mschevors and traitorous
| crrands against our country--to overthrow its nstn-
tons and enter into treaties and alliances with foreign
States, expressly forbidden by the conetitnti n.
They had been presented 70 the Captain General Of Cuba
by her British Md1esys Consul General but the Captain
General told me he had not received them in that capa
city but as distinguished gentlemen and strangers.
! / then considered them as the embodiment of de.
spaches and they had openly declared themselves
charged with all authority from the Confederate govern
mcnt to form treaties and alliances tending TO the esa
blshmcnt Of their independence, became satisfied that
their mission adverse and criminal to the Union and
it therefore became my dirty to arrest heir progress and
capture them, if they hal no passports papers from
the federal government provd for under the law Of
nations. vizThat foreign ministers of belligerent
board Of neutral S. arc required to possess papers
from the other begercnt to permit them to pass free
Report and assumption gave them the title OF ministers
TO France and England, bat inasmuch they had
been received by either Of these Powe S, did not
ceiyc they had immunity attached to their persons and
but escaped conspratoss plotting and conrivng to
overthrow the OF the United States and they
were therefore not to DO considered as having any
claim 70 the mmunties attached to tho character they
| thought Git to assume.
As respects tho steamer in which they embarked,
asccrtancd in the Havana that she was mcrchnt vcs.
sci ing between Vera Cruz, the Ilavara and ST. Thomas
| carrying the mail by contract.
The ognt IF ne rvsser r ofe British Consul al Ia
rama leel o e character Of these persons that
they agogd Their passage and did eIa,k in The resl his
father rad visited Than and introduced them Ministers Of
TIE Confederate States, on their nay 10 England and
/ Fdnce.
7hey ,ce, in Ms steamer o he haoee and consent Of
The cdrtdn who cndcavorcd afterwards TO conceal them
by refusing to exhibit the passenger list and the papers
Of the vessel! Ters can BE- no doubt H. k7n eytoer
rying highly ortat dispatches and endovd ,riM
instructions in,ndI 10 iis Tinted States This rendered
his vessel Ga ncutral good prize, and determined
take possession of her and mentioned in my report
serd her to Key West for adjudication. whore well
satisfied she would have been condemned for carving
these persons and for resisting To be searched tho cargo
also liable, as all The shippers were knowing to the
cmbarka on Of these live dispatches ana their traitor
motives and actions to tho Union Of the United States
o-borc to her, however, in consequences of my
being so reduced in officers and crew aud the dcrange
nen would carse innocent persons, there being large
number of passengers who wo:d have been put great
loss and inconvenience as well as disappointment from
the interruption II would have caused them in not being
able to join the steamer from ST. Thomas for Europe. l.
therefore concluded TO sacrifice the interests of my or
GERS and crew the prize suffered tho steamer to
proceed after the necessary detention coct trans
for Of these Commissioners considering had obtained
the important end had in view. and which affected the
interests OF our country, and interrupted the action Of
| that OF the ConfolcratcS.
would add that the conduct of her Britannia Aajestys
subjects both official and others showed but little regard
or obedience TO her proclamation By aiding and a,iiag
the rtecs and e'deacoring to conceal the persons Of the COM
missionery
have pointed sufficient reasons to show you that
my action in this derived from firm conviction
that became duty to make these parties prisoners,
and to bring them to the United States.
Although in my giving up this valuable prize have
deprived The officers and crew OF well earned reward,
am assured they quite content forego any advan
tages which might have accrued TO them under tho
cumsances.
may add that, having assumed the responsibility,
| your obedient servant.
CHARLES WILKES, Captain.
Hon. GIDEON WRrIEs, Secretary Of the Navy.
THE ORDERS FOR BOARDING THE TRENT.
UNITED STATES STEAMER SAN JAcNTo,
AT SEA. Nov. 8, 1861. /
SiHYou will have the second and third cutters of This
shipfu manned and armed and all respects pro-
pared 20 board tho steamer Trent, hove to under
our guns.
On boarding her you will demand the papers of the
steamer her clearance from Havana, with the list OF
| passengers and crew.
/ should Mr. Mr. Mr. Euctc nd Mac
farand be on board You will make them prisoners, and
send them on board this ship Immediately and take pcs
| session Of her as prize.
do deem it win be necessary to use force-that
the prisoners will have the good to avoid any
cesity for using it but if they should they must be
made to understand that IL is their fault They
| must be brought on board.
All trunks, cases, packages and bags, belonging to
Them will take possession of and send on board this
ship Any dispatches found the persons the prison
in possession OF those on board the steamer will
he taken possession OF ALSO examined and retained if
! cessary.
have understood that the families of these gentlemen
may be with them; if so, beg you will offer some of
them in my name, passage in this ship to the United
States and that all the attention and comforts can
command rendered them and will be placed their
| service.
In the OF their acceptance should there be any
thing which the captain Of the steamer spare to in.
crease the comforts in the Of necessares Stores of
| which q vessel s deficient you will please TO
procure them the amount will be paid for by the paymas
| ter
Lieutenant James A. Greer will take charge of the third
cutter, which accompanies you, and will assist you in
| these duties.
thrust that all those under your command in .yecut
ing this important and delicate duty, will conduct them.
selves with all the ecscy and Kindness which becomes
the character OF naval service. am very respect
| fully, your obedien, servant
CHARLES WILKES, Captain.
Lieutenant n. NJ. FAIRFAX, United States Navy ESecu.
tive Officer San Jacinto.
FINANCIAL AND CONNER GAL.
Tf-r