Evening star. [volume] (Washington, D.C.) 1854-1972, 1861-12-28
sETTLEMENT OF THE MASON
AND SI.IDEII AFFAIR.

Subjoined will be found an abstract CT the cor
respondence between the Governments Of Great
Britain and Of the United states In relation to
the question Of international law raised by the
proceeding of Capt. Wilkes; aud Of the repre-
sensations made on the same subject by the Gov
eminent OF France, and the reply of Mr. Seward
In answer to these representations.
The correspondence opens with a communIca.
ton from Mr.. Seward to Mr. Adams our Min
lister to England under date Of November 30 In
which, after mentioning the Trent affair, he
saws:
"It 10 to be met and disposed of by the two
Governments, " possible, In the spirit to whichI
nave edver'ed. Lord Lyons has prudently re.
Trained from opening the subject to me- rs pre-
sumo waiting instructions from home we rave
done nothing on the subject to anticipate the dis
cussion; and we have not furnished You with any
explanations. We adhere to that course now,
because we think II more prudent that the ground
taken by the British Government should be first
made known to Us here, and that tie discussion,
II there must be one, shall be had here. II is
proper, however, that you should know one fact
In the case without Indicating that we attach i'm
portaBce to II, namely, that, In the capture of
Messrs. Mason and Slidsu on board British
vessel, Capt. Wilkes having acted without any
Instructions from the Government, the subject is
therefore free from the embarrassment which
might have resulted had the act been sp- cially
81 trust that the British Government will con-
slider tie subject In a friendly temper. and Il NAV
expect the best disposition on the part of this ov.
erDmsntD
Ga the same day Nov. 3O) Earl Russell. her
Britannia M5jesty's Secretary Of State for Foreign
Affairs, writes to Lord Lyons reciti ny the circum.
st7nces under which he understood the capture of
these parties to have been made, and proceeds to
Characterize Il a. an outrage on the Britiyh flag
and, after expressing the hope and belief that II
had not been authorized by our Government
adds:
Her Majss.ys Government, therefore trust
that when this mater she'll have been brouy hit
under the consideration Of the Government OF the
United States, that Government will, Of Its own
accord, ofef to tue British Government such re-
dress az alone could satisfy the British nation
namely: the liberation Of the four gentlemen and
their delivery &c ordship, In order that they
nav again be placed under British protection
has been committed
should these trims not be offered by Mr. Sew
ard, you viii propose them TO him "
In responding TO this demand, Mr.. Seward
fhe Secretary 81 Sta'e for the United tltes (uu-
der date of Dec 20 after reviewing the cIrcum-
stances under which the arrest was effected, ac-
co'ding to the report Of our naval officers and
thus developing the inaccuracies and omissi ona
OF the Brlilsh statement, proceeds TO analyze the
face ana PRINCIPLES Of public law involved In the
case, and arrives at the conclusion that the me-
eject Of Capt. Wilkes, partly voluntary as II was
on bis pat, TO bring the Trent In for trial as
lawfIl PrlIo, may be justly held to operate as
forfeiture of the belligsrent right Of capture ac
cruin2 under the law of nations and that the
Government OF the United Sales, as well from
Ills consideration in consistency with lis
own traditional policy respecting the mari
time rights OF neutrals, would be In its own
wrong IL 1t should refuse a compliance with
I ii brdtish demand so far as relates to the
disposition that shall he made of the persons
taken Into custody by Captain Wilkes under
circumstances believed TO be Justly omen 10 ey
cepton Gu both the grounds thus indicated So
lar IS regards the apology asked by the Brit
Ism government, none Is rendered because sim
PIE statement Of the IA IT'S as the are suH .es n
snow that no offence could have been intended
on ine paIt OF our Government, as it hid given
no Instructions whatever In the premises While
the proceeding Of Capt Wilkes In so far as n fails
to enure to the benefit Of his Government and 10
conform to the rules Of public law. was dictated
by considerations of Kindness and forbearance
for which certainly no tapology', ia du, IN the
British Government
Lord Lyons, in acknowledging (Dec. 27) the
recel Pt OF MIR Stewards communication saws:
VI Will, without any loss of time forwar I'd IN
her MaJestys Governments copy Of the important
communication which you have made 10 me
u VIII alsJ without DELAY, do myself the honor
u confer with you personally on the arrangements
70 Dc made for delivering the four gentlemen to me-
In order that they may again be placed under ths
protection Of the British dag
81 have the honor TO be, with the highest con.
want, 49,. ~
The correspondence includes a communication
rom M. Thouvenal, (Decemb Der g. on the part
oitbe French government, to Mr.. Mercier, French
~
expresses that "the Cabinetat Washington could
not, without striking blow at the principles
winch ali neutral nations are alike Interested in
holding In respect, nor without taking the attI .
tude OF contradiction Of its own course % IN this
ume, give Its appreciation 10 the PROCEEDING, Of
the commander Of the San Jacinio. In this state
OF things t evidently should not accord no 10 nm,
views, hesitate about the determination 10 be-
taken" "
The communication concludes by expressions
OF nlenosnlp Tor our Government, an evidence OF
which II deems 10 given IN not permitting ms IN
remain In Ignorance Of the views Of the case
adopted by the Empero-
MT Seward In reply DC. 27) states that before
receiving the commune alton, the President had
decided upon the disposition TO be made OF the
matter He concludes his reply by saving:
men the French Government shall come IN
see Al large the views Of this Government ard
those OF the Government Of Great Britain on the
subject now In question, and to compare them
WIZ we views expressed by Mr.. Thouvenel on
the Part OF France IL will proba bly perceive thar
while II must be admitted that those three Pow
sn are equally impressed with the sam. desire for
the Of prfnci piles favorable 10 neutra
HRnb, there Is at the same time, not such an
ehtfe agreement concerning the application OF
those principles as Is desirable TO secure that i'm
portant object 1 ''i
The Government Of the United States will hs
happy II the occasion which has ELECTED this cor
fesponoence can be improved so as to secure a
more definite agreement upon the whole subiect
~ all maritime Powers.
!'ioa will assure Mr.. Tbouvenel tina, ,b,. Gov
eminent appreciates as well the fraDkness OF his
explanations as the spirit Of friendship and good
VIII towards the United States In which thew are
expressed - ef H'e