The Evansville daily journal. [volume] (Evansville, Ia. [i.e. Ind.]) 1848-1862, 1861-11-25


sara communication relative to the
capture of Mason and Slidell appears in
another place. 1t is written by gentle
man of marked legal ability, but who, new
ertheless, misapprehended our meaning in
the editorials he mentions when he says we
insist upon putting Commodore Wilkes in
the wrong. We had no such Intention
We did not express an opinion as to the le-
gality of his act at all, except by implica-
ton, and that was that he did right. Our
whole aim was to show that our Govern
ment has assumed positions, heretofore,
which she had to repudiate before she could
consistently claim the right of stopping
English vessels and searching them for po-
litical refugees or emissaries.
1t was during the great struggle between
England and France, that this question FIRST
arose. England claimed the right Of stop
ping our vessels and searching for alleged
deserters. This right we denied and finally
the controversy, aggravated as it was by
other matters, plunged the two countries
into war The cuse of the Chesapeake
and Leopard was one OF this kind. The
Commander Of the Leopard stopped the
Chesapeake in order to search for deserters.
Commodore Barren replied that he could
not permit the muster of bis crew for such
purpose, whereupon the Leopard fired
broadsidss into the Chesapeake until Com
modore Barren sigui6ed that his vessel was
subject to the captain of the Leopard's
wishes
Even so late as Mr. Buchanan's admins
| tration this doctrine has been persisted in
Gen. Cass, It win be remembered, enunciated
it anew so positively that the American
flag became protection to pirates and
slave traders. The slave trade is regarded
as piracy by II r.,tions, and they unite in
making wsr upoa 1t. According to Cham
cellor Kent, ANY belligerent-and both
England and our own country have assumed
that position as regards the slave trade
may ascertain the real, as cell as the assumed
character of all vessels on the high seas.
| But our government denied the right to
ascertain the character of vessels sailing IN
| der our flag on the African coast by visit
| and search thor1sil tl,a-e a. -
sons for believing that the flag was protect
ing slave ships, assuming the character Of
| American vessels.
| But we are estopped from quoting Chan
cellor Kent Ia our behalf We have not
| acknowledged the Confederates as bellig-
| erents, and persistentIy refuse to do so. One
of our most serious complaints against EGG
| land is, that she manifests a disposition to
regard them as a belligerent power or ma
ton. We refuse to carry on the contest as
with belligerent nation by oGecting TO
an exchange of prisoners, and by pretend
| ing to treat their sailors and marines as pi-
rates, not entitled to the rights of belliger-
ents What we said before, and to which
the quotations from Chancellor Kent don't
! apply, was, that we occupy the very incon-
sistent position Of growing at England for
regarding the Confederate States in any
other light than that of mob at one mo-
ment, and In the next breath insist that she
shall comply with the laws regulating the
conduct of neutrsl nations in their dealings
with two nations at war TO us it looks
like gross inconsistency. A great nation
ought not to be Inconsistent
We believe our government ought to re-
pudiate both theories. They ought to en-
dorse the right of visit an sea.ch, and they
ought to recognize the great rebellion as a
mighty revolution, exchange prisoners, and
otherwise carry on the contest as becomes
warfare among civilized nations. IL the re-
bellion is subdued, and tho seeding States
compelled to return 10 THEN allegiance, 1t
will be but a rebellion and the leaders will
stand a chance of being hnng for treason
II the revolution is successful, no harm will
have resulted in eomprehei ling Its magni-
tude at the start and treating it accordingly.