Daily Ohio statesman. [volume] (Columbus, Ohio) 1855-1870, 1861-12-31
Mason and Slidell-The ohio Stnts
I-lU 11 Journal

erable space In our columns this morning with
two extracts from the Ohio State Journal, the
first Of the date of November 81, 1861 and the
second of the date of December 30, 1861, just
thirty-nine days apart, and both referring to
the seizure of MASON and SLIDELL. A "No-
Party,'' "Union," Republican" editor is
most extraordinary animal indeed But we
must not comment. Space forbids-and it ia
not necessary. Here are the articles:
From the Ohio stsls Journal, Novembsr0l. lsOl.l
So much has been said and written In opposi-
tion TO the doctrine of the right of search and
seizure as claimed and practced BY England,
that most minds in this country had come to
the rather vague conclusion that the American
authorities totally repudiated the doctrine, and
that no such authority or right would be con-
ceded at any time or under any circumstances
Resting upon this loose notion concerning the
matter, it is not surprising that the first impress
sion In the popular mind was one OF doubt
about the propriety Of the act. ..
But the right of visit and search In time OF
war is right nowhere denied 1t ia matter
which is conducted with varying strictness,
however, as to times of war and times of peace.
The doctrine ia that public vessel, I. o. ma
tiossl vessel duly In commission, ia the guard
ian of national rights at sea, under all circum.
stances: hence such vessels are frequently call
ed the Policemen Of the Ocean," And as
such they may, at almost any time, and esPsci-
ally during war, stop, search, and for cause,
may seize, the private vessels OF even neutral
nation.
The San Jacinto is q national or public ves-
| eel: the English ship was aprivate vessel; we
/ -. tit Al. al fad Far
land has herself declared US and the rebels to
be bellieerents: their private vessel was the
bearer Of these febel ministers, officers among
our rebel enemies, and their dispatches: that
vessel was visited, searched, and these rebel of
ficers and their dispatches found and seized
This is the whole case. Are we justified by
the law Of nations In go doingf This is all the
question.
The proposition is, that by lending itself to
the service of our rebel enemy in carrying its
officers and dispatches, the neutral vessel was,
for the time being, hostile ship, and not q
neutral. IL the case Of the Commeyeen, Judge
Story said-"In cases of more fragrant charac-
ter, such as carrying dispatches, or hostile mill
tary passengers, or engagement In the transport
service of the enemy, as we'll as break the
blockade, the penalty is coD6scation of the ves-
sell. The carrying Of dispatches from colony
to the mother country Of the enemy has sub
jected the vessel to confscation. And the fact
that the uoyGee todS to neutral port was not
thought to change the character of the trans
action. The principle is that the party must be
deemed TO place himself In the service of the
hostile state.D The COmm1cen, Wheat. 3S2.
In the same case, Chief Justice Marshall
said-"To carry dispatches to the government
has been considered as an act Of such complete
hostility, as to communicate the hostile charsc-
ter to the vessel carrying them"
This shows that the act of the English vessel
had placed il entirely beyond the pale Of British
neutrality. It was, pro tdnto, ct pro hGe uiee,
vessel in the service OF our enemy; and as such
the right to search and seize was unquestionable.
Even for, as we remarked yesterday,
the vessel itself was probably liable to confsca.
tion.
Further upon this point is the conclusive su-
thoritv of an eminent British writer on InteFna-
tIonai Law, Judge Phillmore, still living. He
says--''Whatever may be the correct opinion
With respect to the right of visit In time Of peace
the right In time of war to visit, to search, and
to detain for search, is belligerent right
which cannot be drawn in question; 1t is right
which belligerent may exercise over every
vessel not being ship OF war, or, as it is some
times called, public vessel, that he meets on
the ocean. This right is 80 rooted in the law
and practice of nations, that great international
writer's rather refer to II as acknowledged, than
yiudicate its existance. 3 Phil. 4l9.
The British authorities are full upon this sub.
ject. Lord Stowell held that even the carrying
of passengers of Q belligerent was breach Of
neutrality and rendered the neutral vessel liable
TO seizure. The Dyummond, Dot. l03.
Even the Queens proclamation, made in re-
lation TO the present rebellion, wherein she re-
coQnizes the belligerent relations Of the govern
ment and the rebels, sets forth the whole doc
trine 70 cover the case, and makes our justifca-
tion complete. The proclamation, after warning
British subjsctsof their peril in violating neu.
trality by various modes, ,ssys-''and more espe-
cially, by entering into the military service Of
either of the said contendiDg parties,
or 6y carrying 6fieers soldiers, dispatches, arms
military stores or materials, or any article or
articles considered or deemed to be cOntraband Of
mar. according to the lao or modern usage Of ma
tions. for the use or service of either OF the
said contendipg parties, 'shal be denied all pro-
lection, etc.
Moreover, this procedure is not new in mod.
ern history; especially in British practice. In
1880, Mr.. Laurens, the Minister from this conn-
try to Holland, was taken by the British from
Dutch vessel, q neutral, and kept In restraint
till the close Of our war. The same British
practice was exercised in taking Lucen Bona
parte from an American vessel; neutral, In
Sandman port. And most notable and mem
orabe instance is in the case OF the seizure OF
the steamer Caroline in the Niagara river by
the British authorities, cut loose from her
moorings, set on fire and sent into the current
and over the Falls of Niagara with ten Ameri-
can citizens on board The ground of justifca-
ton was that Canada was in rebellion against
the English government; and this steamer Caro-.
line had carried as passengers rebel emissaries1
Surely there can be no cause for disquietude
on this question. Our government Is unques-
tiondbly right. If England deems it cause
OF war let her make the mcat Of it. At all
events, in the act of securing these rebel ennis
safies we have picked the nut OF its kernel, and
England is welcome TO the husk
EFrom the Ohio State Journal, Dec. 30, lsol.l
The announcement contained 10 our telegraph
column, that the Government has concluded TO
surrender Mason and SideIl to the tender mer-
cies OF the British "Lyons," will be received
with universal snrprisel This surprise will be
manifested In diversity of modes: some will be
'cussing mad !" Others will denounce the Admin
istration; many will abuse Mr.. Seward; multi
tudes will shout the paulopost-pFophe cry Of
IL told you so!'' and, still other multIudes will
quietly congratulate the country upon this phil
osophic sunderiDg Of the GoFdIan knot, that
seemed to offer complications too intricate and
manifold for peacable solution IN any other
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