Daily Richmond Whig. [volume] (Richmond, Va.) 1861-1862, 1861-11-28
RICHMOND WHIG.
EXTRACTS FROM NORTHERN
NEWSPAPERS.
From late Northern newspapers, we make the follow
ing interesting extracts
F,o,n The Baltimore S,la.

THE ARREST OF ME ;sRS. MASON AND sLlDELL
VIEWS AND SPECUL ATOMS OF THE PRESS.
The arrest of the two Confederate Commssiontrs TO
Euopc-Messrs Mason and Sdell-by Capt. Wilkes, OF
the u s. frgate San Jacino, ecits variety OF ePs-
ions and dissertations upon international law AS
subject OF considerable national importance, aud net
generally understood by the great mass Of the people,
we s on scme further extracts OF the views expressed
by sew raj of our exchanged The National Iuteigen-
Ger comments at some length. After nsrratng the cir
cumstances under which the arrest was made, 1t pro-
ceeds az follows:
'uch being the facts In the case whether Capt Wilkes
scted with or without the orders OF the national govern
meut It remains to il quire into the grounds by which
this proceeding is lscd in the light OF international
Law for, however expedient may seem the success
gained by the arrest and detention Of these Confederate
representatives whether regarded in point ot political or
military strategy it would be dearly purchased at the
cost OF single principle Of that public morality who's
rules govern or should govern the conduct OF civz ID
aud Christian States in their mutual intercourse in peace
and in .
.Ihoee therefore, who are not already familiar with
principles involved in the proceeding oil Capt Wlk
will learn with interest that it is fully justified by the
rules of international law those rules have been ex-
pounded by the most lustrious British jurlsts and com
piled by the most approved writer's on tho Laws oil Ma
lions So fer from having transcribed the powers VITA
which he wss clothed By the code, Capt Wilkes did not
exhaust the full measure OF his authority for ho not only
had an undoubted rght to arrest theso ambassador
of the Confederate Government on their passage to Eu
rope but might have Justly captured the weasel on which
hey were found and brought her into port to be con-
demned as a lawful prize"
"Thc points public law involved In the case ana on
which il tprns as follows:
/ Tie right Of visiting and searching merchant ships
on the high seas whatever be the ships, their cagoes
or their destinations is ncontestabe right OF the
lawfully commissioned cruisers Of belligerent nation
Being purely beligercnt right essential to the capture
of property and the discovery OF ccntraoahd oil
war on board Of neutral vessels 1t is from s very na
,ure and deiuor incompetent to state of peace bu!
accrues to each belgerent on the outbreak OF war.
To engage in tho transportation OF military per-
sons bearers Of dispatches and dispatches themselves
il of the same with the carrying OF conraoand
goods and vessel so engaged in the service oi one
eiserent Is subject capture and conscaton by the
other
g. beligerent may lawfully arrest al AMBASSADOR o'
the adverse hcgerent il found at sea in neutral yes
81 on his passage and therefore before he has arrived
the neutral country or has assumed tue iunooos u
bis Office near the to which he is accredit' d.
Rut when he has arrived and been admitted 10 h5 oh
ca relation he is protected by his representative and
international character.
4 The fact that the voyage is made to neutral port
does not change the less character OF the TRANSACTION
where coptrabanS OF war-ncudlng OF course military
persons, oEplches, ana tneir peaefs-ls iouhu vi
Tbes, nrpciples are believed 10 cover completely the
case presented by the capture OF Aessrs Mason and
Slid,ll.
The Inteligencer then proceeds to quote at some
ength from Whsatons Elements ot lnternauonti La"
edition of ls55-to show that the points above set
forth are correct It also appends the exposition oil d.
Robert Philmore in his late great work entitled Com.
| mentaries on International Law He is Advocate OF
her Majesty In her Office Of Admiralty as Judge Of the
Cirque Ports and universally approved. DE FAYE:
Page $685. (Contraband) 'It ia, indeed, compstent
TO bell to stop the ambassador on MS passage
Page 3b9-"As carrying OF military persons IN lhe
employ of belligeren or being in any way engaged
in his transport service, it has been most soemny DE-
cidsd by the tribunals of international law, both IN
England and the United States Of North America that
these are acts of hostility on the part oil the neutral
which the vehicle in which the persons are Goa
yeved to col cation at the hands OF the oeiligeren
| Page S7O-"Ohicial communication from an Official
on the affairs Of belgerent government are such De
spaches IA present hostile character in the carriers o
them The mischeyous const 9uences of srch service
cauuot be estimated and extend far beyond the ehsc
of any contraband that can be conveyed for IL s man
Esst that by the carriage of such Dispatches the mos
important operations Of bsigerent army may be for
varded or obsructed In general cases OF contraband
| the quantity Of the article carried may be matera
circumstance but the smallest despatch may serve &c
turn the fortunes of in favor Of particular bel
hgerent" , ,,
"The penalty is corf'cstion Of the ship which con
veys the dispatches and Of the cargo"
The Intelligencer then remarks;
As the foregoing principles derived wholly from
the a6udicatous OF British Admiralty Courts, ana a.
Capt Wilkes has exercised something less than the scope
of power yindcated for belgereut by these rulings
youd seem idle TO suppose that his action can lfJrd
onv ground for reclamatons by the British government
which will be likely to express its grateful appre
citation of the forbeaarcs displayed by that officer 10
not capturing the vessel found engaged in avofing the
ofsus,ve pro ecs Of the enemy" If the British lssit
recognize the right Of one begerent Eaon to capture
on the high seas the ambassador OF another beeeren
nation Iortiori must they acknowledge the right oi q
sovereign begIrent government to seza, under snlsi
the ENJOYS Of faction 10 which, IN th'
present case they have conceded the rights, and there
| ore the responsibilities, Of beligerents.
II NAV be proper to add tha.it makes no difference II
the law of the case whether the master OF vessel be g
norApt or not 81 the character Of the service IN which h'
ia engs ged In the present csse however, the maste
of the Trent must have been well aware OF the charac
er borne by Aessrs. Mason and sldeI and therefore
Knew that in doing servise to the Confederate Delg
erents by forwarding their ENJOYS to Europe be WS
doing al injury 10 the government OF the u1ea oales
The Boston Traveller (rep) takes a different view.
says:
It's not probable that our government would allow
British war vessel to take Irish rebel out OF an Amer
oap vessel In which hs had tken passage from New OIL
for San Francisco Without time to look up any prece
dents we are Inclined to believe that according to tn
laws OF nations, the prisoners must DC ghen up, anu VI
ao; of the captain Of the San Jacinto dsawoed. Bu
nav rot the case Of the Caroline bs applicable to hi
caseY The Englsh then actually invaded our territory
and cut out IN American steamboat causing her desruC
ton and the deaths Of some persons because she la
beeu engaged in aiding the rebels in Canada and tn
British steamship that was taking Sldel aad Mason 4
Europe sas engaged in helping the Southern rebels
Where is the difference? The act bold one on tn
mart of the commander Of the San Jacnto. and We IN
not help admiring his pluck while regctiDg that be ha
not more prudence.
A letter from Washington to the New York Heral
says: .r
The Trent belongs to private company and Plies DC
tween Vera Cruz, Havana and st Thomas. She Ia
no pennant iyipg when boarded She Is merchan
vessel carrying the British nails which are u.uil
in this case in charge Of soms retired British ounce
and mail agent. No resistance was made by The plist
uers nor any protest offered by the oiieerS OF 70
r,ept but the arrest produced great consierDatio
among the fami.s aud attendants OF the pfisoners-
No action has yet been taken by Lord Lyons on tn
-