Daily Richmond Whig. [volume] (Richmond, Va.) 1861-1862, 1861-12-14
rae CASE OF nxssns. MASON AID sLIDrLL.
(ralols or cosrrsIos CORRECTED. J

tERk0ks OF CohIuSloh CohktOttp.D
To The Editor cfMs Wig:
There appear to have occurred several curious errors
In toe productions Of some Of the writers upon this sub
jec In relation to the csse itself and In respect to Two
decisions Of the Court of Admiralty Of England which
it has been supposed the government OF Great Britain
will conclude the case ought to depsnd, aud there has
been thereby produced sort Of confusion which ought
to be cleared Of.
The case Of the Atlanta Ia thus stated in Robnons Re-
ports Vol vi, p 440.
This Q of Bremen Ship neutra. weasel
land cargo captured voyage from Bvayii 70 Bfe-
nen, on the 18th Of JAY 1907. having las. from
the Lie Of France Is colony Of the French g,verauen
where packet containing dispdtehes from the gov
eminent Of the Isle Of France to the hier Of Marie
at Paris taken on bosrd by the mater and one Of
the supercsrgoe and Afterwards found called in the
possession Of the second suprcago under circumstances
detailed in the Judgment"
This was the the of neutral vessel carrying
my dispatches from Of his colonies the superior
government
The carrying therefore clearly violation Of the OBJ
legation Of neutrality and the ship and cargo were both
condemned.
The case Of the Caroline is thus stated:
"This Is the case of ship which was captured, bav.
ing board dsputekss from the Minister aud Consul OF
France, in the United States, 10 The Government Of
Fdnes."-Ib.464.
The Court, after having recognized the right of neutral
nations to receive ambassadors from either of the bel
gerent powers, thus proceeds:
at has been argued truly that whatever the necefsi.
ties Of the negotiation may be- private merchant il ul
der no obligation to be the carrier Of the enemys ds
patches to his ovn Government Certainly he l. not
srd Inconvenience which he may be held fairly
subject that Of having bis vessel brought in for exam.
nation, and OF the necessary detention and szpsss
He gives the captos the undeniable right 10 intercept
and examine the nature and Of the pers Which
be il carrying; for they may be papers Of ous
tendency, although not SUCH any priori presump-
ZION, the party who carries the pen.
ally Of con6scston, and by giving the captors the tight
Of that inc 1ry, he must submit TO all the
that may attend IT, Ship and cargo restored on payment
Of eaptors szpsnses."
These two cases concurred In these things:
First-Iu both dispatches carried on board
tral vessel Second-In both these dispatches
TO the bslgr Government, the enemy Of the captors.
The cases differed in this:
In the case Of the Atlantic the dispatches from
the colony Of the belgerent Government and this
ground the vessel and her cargo condemned Ia
the case of the Caroline the dispatches from the
hnister Of the bsligerent Government, at neutral
court, to his Government at home On this distinction
il held the carrying of the dispatches crmi
nal but that the capture Of the vessel lawful for the
purpose Of nterceptng tho dispatches aud ascertaniug
whether they hostile the vessel was therefore
no. condemned bat restored payment by her Of the
captor's c,sts.
These two have been often COMPOUNDED, and 10
the confusion, the judgment 10 the case of the Atlanta
has been quoted for the judgment in the Of the Car
oine-sud ore both the cases. without distinguishing
their circumstances the judgment 10 them have been
s,nfound.d, and supposed to be the ia principle
with the British steam packet Trent with Commits
soners board
The Secretary of the Navy of the United State, ap.
pssrs in his late repor. to Congress- to have been sub
jec.ed to this confusion Il, rot only seem, to have
supposed that the judgment Of the condemnation Of the
vessel 10 the of the Atlanta the Judgment in
the Of the Caroline, but concludes that the same
judgment might have bean obtained against the Trent
the British packet which bore COMMISSIONER
uhish still farther differs from the Of the Atlanta
and boasts OF tho orbsirnce of the government or -
officer in the omission to have the vessel brought in for
condemnation and he says 10 his latter of ccngra ua.
ton to Commodore Wilkes that this fotbearauce mrs.
not be permitted to constitute president hereafter for
the iDfracton of neutral obligations.
This case Of the Trent and Commissioners differs
from each Of the other two cases in several important
things.
IL differed from the case of the Atlanta in this, tha.
whilst the Atlanta had on board disp1.ehss from func-
onary Of tbs enemy In Of bis colonies to his bel
lgerent government at home the Treut had on board
oaly the ministers Of the enemy with THAR letters of
credence and instruction to the colrs Of neutral gov
eminent.
agreed with the Of the Caroline in this that
each vessel had sailed from neutral port but 1t differed
from it n this that toe Caroline had on board and was
carrying dispatches from the minister OF the enemy in
neutral state to his government at hon, the enemy of
the capors whereas the Trent was bound to her own
neutral port aud carrying only the ministers of the
begerent with their letters OF ience aud las rucou
dspstchs to the Of neutral Sates-and no,
to the enemy Of the ciptors
But it was not necessary to compare our case OF tho
Trent and minister's with each Of these cases sepa.
raely. It differs from both Of these cases in two es.
sential particulars
First In both those the neutral vessel which was
arrested had board and carrying wha. was Ger.
tainy dispatches whereas the Tfeut had not on beard
anything which ever was denominated q dispatch.-
Neither the Minister'S their letters Of credence and
instruction, separately collectively, were hostile die.
phtcner, aCco'umb W VI the term IN any law
book or in common discourse.
Second Tde ministers, aud all the Documents they
bore, whatever they may be called, we're on their pas
sage, no. t, bsgeren but 10 neutral port and dss.
tined to the courts Of neutral States. And
This Is material, because the carrying Of the docu.
ment courier with the Intelligence in his memory.
must be carrying to the government or some function
sry Of the beigeren. enemy ia order to complete the
case Of carrying hostile dispatches.
Hostile dispatches necessarily wh,. conmuulcass
intelligence to the snsmy-I7o the enemy" Is an essen.
tis part Of the definition and therefore, hostile die
patches to neutral Is leg imp,ssibiy, sort Of SO.
lecsm, contradiction abiurdi,y, and 10 fact iucon-
ceivable.
IL would be surprising and ,ouutabls tha. such
things are affirmed, bat t6 government at Washington
seems to be doomed to beievs not only false facts tut
logical absurdtes. After having viol,ei every law,
nd ;h,d e.. Al.