Clearfield Republican. [volume] (Clearfield, Pa.) 1851-1937, 1861-11-27
ARREST OF MEssRs. MASON AND
SLIDELL.
Views and Speculations of the Press.
Prom the BALTIMORE Sun.

|
ISl!dell-by Captain Wilkes, of the United
states frigate San Jacinto, elicits variety
OF opinions end dissertations upon inter-
national law. As it is a subject of consid-
cradle national importance, aud not gen.
orally understood by the great mass of the
people, we subjoin some further extracts
of the views expressed by several OF our
exchanges. The National h,ellgeacer com
ments at some length. After narrating
the circumstances under which the arrest
vas made, it proceeds as follows;
such being the facts in the case, wheth.
er Capt. Wilkes acted with or without the
orders of the national government, it re
mains to inquire into the grounds by which
this proceeding is justified in the light of
international law for, however expedient
may seem the success gained by the arrest
and deteation of these Confederate rep
resentatises, whether regarded in point Of
political or military strategy, it would be
dearly purchased NJ the cost Of single
principle of that public morality whose
rules govern, or should govern, the con-
Duct Of civilized and Christian States in
their mutual intercourse III peace and in
war.
Those, therefore, who are not already
familiar with the principles involved in
the proceedings OF Capt. Wilkes, willlearn
with interest that it IS fully justified by
the rules Of international law, as those
rules have been eXpounded by tho most
! illuslrious British jurists and compiled by
the most approved writers on the Laws of
| Nations. So FAR from having transcended
the powers with which he was clothed by
that code, Capt. Wilkes did not exhaust
the full measure of his authority for he
not only had an undoubled rIght 10 arrest
shese ambassador Ct the Confederate
government on their passage TO Europe,
bat might have justly captured the vessel
on which they were found, and brought
her into port to be condemned as a Lawful
prize.
"The points Of public law involved in
the case, and on which il turns, are rs
follows:
|. The right OF visiting and searching
merchant ships on the high seas, whatever
ba the ships. their cargoes or their desN-
nations. is an incontestible right Of the
la sfully commissioned cruisers Of a belg-
erent nation. Being a purely belgerent
right, essential to the capture of enemv's
property and the discovery of oontraband
0i war on board of reutal vessels, it is,
from its very nature and definition, in
competent TO state OF peace, but accrues
to each belligerent on the outbreak OF war.
.. To engage in the transportation OF
military persons, bearers of dispatches,
and dispatches themselves, is of the same
nature with the carrying of contraband
goods, and vessel so engaged IN the ser
vice of one belligeront is subject to cap
ture and confscation by the other.
3, A bellgerent may laWlully arrest an
ambassador Of the adverse belligerent, if
found at sea in neutral vessel on his pass
sage, and therefore before he has arrived
in The neutral country, or has assumed the
functions ofhis Office near the government
TO which he is accredited. But, when he
has arrived and beet admitted in his oth-
cial relation, he is protected by his repre-
sentative and international character.
a. The fact that the voyage is made to
neu ral port does not change the legal
character of the transaction, where con-
traband Of war including OF course mIIit-
arr persons, dispatches, and their bear>
ers-is found on a neutral vessel.
These principles are believed to cover
completely the case presented by the cap.
ture of Messrs. Mason and Slidell."
| The Iptelligencer then proceed. toquote
at some length from Wheaton's "Eleme-
ments of international Law"-edition OF
! lS55-to show that the four points above
set forth are correct. 1t also appC nds the
exposition of DR.. Robert Phillimore. in
his late great work entitled Commentaries
on Information Law. He is Advocate Of
her Majesty in her Office of Admiralty as
Judge of the Cihque Ports" and unyer-
sally approved. II says:
Page 30S. II CoutrdJaud.l "itis, indeed,
competent TO beligeren. to stop the am
bassador of his enemy on his passage"
Page 3G9.-"As TO carrying of military
persons in the employ of belligerent, or
being in any way engaged IA his transport
service, il has been most solemnly decided
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 of the ncutal, which subjects
the vehicle in which the persons are con.
veyed to confscation at the hands of the
belligesent."
I Page $40. -" "Oilicial communication
from an official on the affairs Of a telli ger
ent government are such dispatches as
present hostile character on the carriers
of them. The mischievous consequences
of snch service cannot he estimated, and
extend far beyond the effect of any con
traband that can be conveyed for il is
manifest that by the carriage ofsuch dis
patches the most important operations OF
a bellgerent army may be forwarded or
obstruoled. In general cases of contra,
band the quantity of the article carried
NAV be material circumstance, but The
smallest dispatch may serve to turn the
fortunes of war in favor of a particular
belligerent" ,-.
Tire penalty is confscaiion Of the ship
which conveys the dispatches and OF the
cargo"
The Intelligencer then remarks
"As the foregoing principles are derived
wholly from the adjudications of the Brit
lsh Admiralty Courts. and as Capt. Wilkes
has exercised something less than the