The New York herald., 1861-12-19
HERALD THURSDAY DECEMBER 49, l8MTRPLE SHEET


sho. and se fred in lieu Of blank cartridge, tb, forc
pie Idpappng Of American citizens under the Fish flag
u 1one proceeding which the international code OF
Europe and America condemns. Lcr',epant Fairfax
seized no dispatches; il he had done he would
propaDly have put himself in false position because he
Commissioners bore amhassa1oria character; pu ne
captured Individuals for which there Is not precedent
In the history Of civilized and not ushcaton IN
any recognized authority upon the law Of nations Ihe
southern Commissioners were on noara, esner In IN ne
simple capacity Of passengers, or m Mas eaeoW ac
credited from oeRigoent % meitrat a TIE iatr case
they ought to hare been protected ty e diplomatic cAardc
teri IN The former they could not legally hare been ar
rested, unless IL had been rored bat tg eqy7ied eth them
documents hostile to The gore1me Of The United States. No
such proof attempted. The gentlemen might have
been travellers, and yet they would, nevertheless
have been dragged by violence on board the San acnto
But had these dispatches been discovered in the
Trent-even if she had been carried into prize court
even had she been condemned in strict form OF w-the
| personal outrage inflicted upon tho four Commission
ers would have been piratical and atrocious. Hod
ireidnd acaotly Tst'f and Smith oB,tea tsen escaping
70 ne 'pe, or carrying dispatches 10 his coanyme at
Netc York, ,coud o'a English ofwar hare Intercepted
] him on the AlaRticy But it Is alleged that
| we have recognized the Southern States a bo
persists IN denying that 1t is making war; and asserts
that II Is only supprcssng rebellion IL take ad
vantage Of two positions at once. II the Southeers
rebels, our nag shelters them; they belgerents
their representatives accredited and their dispatches ad
dressed 10 neutral States must be dealt with according
TO the ordinary laws and Of nation which this
instance, have been totally and Extensively disrc-
gardcd In vain will the cdptuntion pdrty attempt
I TO reconcile Engllshmon to an indignity which not
only wounds their deepest feelings but threatens
strike at their most important interests II must
| be remembered, too, that England has hitherto
| put the midest construction Of public law upon the
| proceedings Of the Northern agents in this country
while the United states have now carried beyond the Ut
most limits known to the uriss OF the Old and the New
World the astounding rights they claim. 1t Is evident
that fobearance part has already lasted long
and been TOO tempting to the spirit of American bragga
| docio.
Even clcn could be arrested by force on the deck
/ Of vessel belonging to friendly power II he be
claimed 1t Is by appeal to the proper authorities
der the exradition law. We imagine, indeed that the
law officers Of the crown will state it ndubitabie,
| that no man can be taken by force from beneath
tho British flag, whether sea land. This, in
! dood j. the principle In which Englishmen have
| always believed, and there will be an nglorious dc
| cay OF our great name from the moment when
] declare to the world, that, even for the protection
OF passengers in ocean steamers the Union Jack is
poweress. II Is aposs b,e, however, to imagine for
instant that Lord Palmcrson's government will give
way, and il IS not easy 20 persuade ourselves that the
false position The AFFAIR, doubt, serious e,nbr
raSaaeia 10 ministers; bit he embarrassment ,soufd Dc
honsdndfod more serious i they venture 10 meet The House
q Commons icthom haei,g pre'ected he honor q The
by We are in little fear indeed, that Tie necessary
| paraton viii not be exacted, although it is quite con-
sisten' with the present morals and circumstances of
the tory faction that opportunity should just
have boon selected for feeble but malignant
| Of the liberal party that the honor or the inte-
rests Of this Kingdom have suffered. 1.-THE Detes
in office might reasonably aJrhend disgrace 10 our nm
aud destruction trade The statesmen who rucked
to Russia not those whom should prefer trust
in vindicatng ourselves against outrage any part the
\
alarm the only danger is lest false sentiment Of gene
rosty should misead the nation. Come ,ota may, that
blockade Of tie South must b broken up. The Washington
navy has long enough rove about the commercial ports
and unarmed ancboages of the utterly
mense seaboard extending through nearly two thousand
miles; it has established nothing than a paper
blockade which the laws of Europe do not recognise
1t would be great opportunity for great minister
annhlate this colossal sham which, sham IL is Affects
| so many millions of people and cripples such vast
branches Of industry in the United Kingdom The first
necessity hocerer Is 10 onin Indemnify instant ample
for de outrage the British dcg toayi the Trent Other,
wise shall have aided in setting up the doctrine Of
contraband personsan idea utterly repugnant to ali
existing laws We shall have done worse We shall have
degraded ourselves we shall have made nm cyhihtinn f
imbecity and cowardce and the end will be hat Tho
peace now think to purchase by gnomny will be far
less than if had been maintained uron the firm
| and manly assertion Of our incontcstible rights
| THE CITY ARTICLE
from the London Chronicle (Cty Article, Nov. 3Ol
The blood and spirit Of John Bull appear be tooghi,
aroused upon the sle q the Amsyicoa insult 10 tie B,ttisi
fdg and nothing short OF an immediate and ample apollo
gy with the restoration Of the gentlemen passengers vic
lently taken from the Trent will satisfy The nation ncs,
il be declaration Of war one or The other they vii
have, and nothing less will satisfy them. This may bt
taken as sine q1 non with the people nor is this focn
an cvanescent one. Tho calm resolution of some vii
support the excited agitation Of others. In ery e,co
tie cfee this sprt has been manifested today IN
ment has become strengthened into fixed resolution Il
either have full and immediate apology and satisfaction
In the restoration of the southern Commissioners els
war WITH the federal government and the recognition
! Of the Southern republic.
|
have not bcIed the hopes of the people. At the Cabne
council held this afternoon it is understood TO have beer
decided that immediate demand will be made upon TN
federal government for ample apology and restoration
Of the commissioners which, il refused, declaration
war will be issued, and it is reported that the Frencl
government will join England in the protest against s,
monstrons all illcgality and outrage.
There Is one idea being mooted, and noce II aeref
for The purpose of erposing as oLsardy and foliaca I
that IN he event of declaring against ne federal oor
ernmct peace wopid at oaee be made hsahe too sc
tons of The U7on and that the South aooh join The Noyib
1f
ridiculous illusion 1t is in defence OF two Of the leading
politicians Of the South that England would be induced to
undertake war and il is not Likely that under such cir
cumsances the Southern Confederation oi turn roma
| oHd take sideS iciM onr taenes and hers.
OPINION OF THE TELEGRAPH
! From the London telegraph (iandon organ Of Jeg.
Days). Nov. 30
Are The Northern Statcso America at with MS or
nog The answer to that question will depend upon the
! Nernmcnt. On the most deliberate examination OF the
facts relating TO the recent attack upon the royal maj
steamer Trent, the doubts which seem TO stand in tn
way Of decisive action have disappeared The o0ores
Is G 50 tiproaghly illegal character hat amounts 10
an az ot .ccr and as such ndubiiably the Queens 20
vernnent will treat II. II will be admitted that this
view has not been taken mp hastily impaently For
our own part we do not regret that rcraned from
joining IN the earlier mpusive utterances upon this truly
momenons subject. was impossible not to see that
the occurrence as was first reported, did present
barassng questions The highest legal authorities that
can be quoted on both sides Of the Atlantic Nattc
or Wheaton, StoweIl or Kent equally dis
tinct in setting forth the right Of bellgerents examine
merchant vessels in order to ascertain whether carry
contraband Of war; and it has generally been admitted
that dispatches are in that category there was
more than one stage to be passed before could posi-
lively and finally pronounce opinion that this part cuar
incident would not come within the rule laid down by the
authorities We have right of free passage c,aime
for the Commissioners the thai they were dpio
matte ENJOYS but much doubt whether persons bear.
ing commissions from States yet fully recognized and
not received in diplomatic character by the powers 10
which they accredited, could claim immunity on that
principle. And IL Mr. Slidel and Mr. Mason had
been invested with the full character Of ambassadors
there might still have been doubts whether thev could
! not be legally intercepted.
We have already said that the judgment upon the
mission Of Captain Wilkes executed, we pointed
out the fact that there at least irregularities
in that otlceris proceedings. 1t appears that in the
earlier reports, those irregularities degree
exaggerated but the reverse. The delicacy aud
discretion might have been expected in boarding the
merchant shin OF country at peace with the Northern
states; bu. il the captors bad desired TO yate their
most questionable enterprise by executngit the very
worst manner, they. could scarcely have selecte ed
more ingenious interpretations Of their orders.
The vessel, be it remembered, was not leaving
| one OF the blocEadcd ports Of the Southern States:
| t was ON rs way from tho port Of country with
whch the Northern States at peace 10 the port OF
anoih country in the circumstances. There was
nothhg therefore, to invest the ship with hostile cha
| racter Admitting the right OF beigercnt search
Fhps even III the open sea- obviously necessary that
some grounds should be stated for the proceeding Int IL,