New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1861-12-24

ngut Ia tho iheodtia Ntfeei Z" small drait, " efe
on the way ~ their Destination a. board tho English
mil packet the Trent.
CAPT. Wilkes, having lear aed nom The approved
authoriuts on the law Of ,stons. which a. apreArs
from bic modeet speech IN Fnneui Hall, formed d
port Of lis vessels lii4 library, thai il wes one OF
the rights OK wax 10 p even. your enemy nom seud-
ing his ministers .5goad for suceos, determined
although not 'n"ftcted on thar spbect by his Gov
emment TO pr - the Trent for Zoe purpose Of TAX
M from her t4e Confederate Embs,salors.
This oblecA vHs accomplished on the S,h Of No
vemter, Tsse vessel was overtakon in the old b.
tamv. Cdeauel and brought TO; was boarded BY
Liz MS. fairfax and Greer with q competent force,
2nd hessrs. Msson and Sidel, being personally
/ known 20 the frst-named intelligent md prudent
officer, were readily identified BY him, and removed
with ther Secretaries of Legation to ne San Jacinio
Tie operation was all respects performed with the
mirgied gentleness, courtesy end 6rmness which
might rs expected from an accomplished cihcer OF
tie navy Of the United States tie Tent having be
eethiaed about three hours aud VI half The CABIN
Of the san Jacinio, with every accommodation Al
ford-d by tbe vessel was, b. order Of CAPT. Wllb6s
rendered 20 toe families OF the gentlemen arrested,
/ bat they elected 10 PURGE tAel voyage. Inc : "a
4cinJo, arriving upon our coast, wRs Clrected o
convey her prisoners 10 Fort Warren, IN Boston
ibarbor, wheIo they arc now cOuiir ed.
Tbs transaction bas oI awakened the live
itst interest throua hout the county, ana hes been
alresCy TIE subcct of elaborate ois ursiou both ia
The Uite1 Sia and 'hc British P4Oyiuccs, ratler
on account Of the 6isiusuished Character If tie
persons concerned ana the importance OF ttcir nus
sion, than from any real difficulty IN bringing II
within the admitted pIil1 K. al tie law a. unOnr
| Those prlnd leg arc c0mpendcusly stated IL Tue
judgment OF Sir William Scott, IN the case ~ The
Caroline ana as dSeTen5 Interpretations bave been
put UpCl tie pass &c, quO-e II en.irei The liaues
being those q tie original 10 RybusUn's Rclorer:
hsve before said that perog dlsci rug ne fuucus
tttio0 s5e gr Of t vr of nst1ms he In. Tia. efo
assigned 10 tho operations Of cr0ut tc 10y dt srd
other writer. Upon ihose subjects that Eey r1ecie
yonr h II dgH hs1s, vEercye TIE character Of
hostility ,Aists neg sfY TIE Epbassf6or ef ir eaog
he Fassogs bit hen he arrived and has skeu ul.n
big,f The lie o., hi. obce end las been admitted n
pesei ta'ive cha scier he becomes OF adh~sn
tb ristio nj e,g md y.5cc b. ,,ri1tiiry bcl slr
ois are 10 decree Interested Ii been ss1ed hat
be re sios s no Al character uniuNo9 ADD that even No
b.. ~. e. con Of law invented of his iorer protection
only suci ricH II i-J % be oxfutfd ncyon4 ~
r aioaug on ~ach j. depends. ,pt.uoei I!ly
use; ara Vi Instance IN Which II ha esnN
uIsed 70 ins de dgsae Cctli BE- All ths' be wo"ld IN
nat principle, be subject {. ths r9ds = IN nestrel
'e-riory Crr,,n, He is thsle for The Iufpse o.
carrying tbs communications of peace ard smy, ior tr
Interest rs equity primarily bat The e.
'he Itu county ALEC has In the continuance OF those
Ir tbs passage IL will be perceived, that the right
Of the be.hperent 10 stop the EmbsssGdor Of your
enemy on lis passage 10 b. air William Scott lao
down with aziouatic revliy as the law Of nhtious,
according TO Ndte and other wri egF On o., subject,
iroui whom be utmaies no dissent on BIZ Own part.
II j. llll.ed indeed that IRE entire pass. &c conliins
imitai lions 20 this supposed beigerrut right, which
have been oyeflu nkod or Uisuuce s,Ood by those
who justify the auest Of Mes,rs. Mason ana Sideli,
bot l zee 40 proof q tAis assertion.
II il iirst objected, however, 10 the seizure that il
lv Ia cd ltf .. Il. L. Az
oised wherever" In the words of Sir William
Scott "the character Of hostility eSists;' aud THE
objection il twoioG, il being denied by those who
ruake IT, first thai lbe United sttes ae al war, and
second that The seizure made where tic char
acter Of hosiity exi.tc.'
Those who say that Tie United Slater arc not at
war probably a. 80 from some yseue notion thst
rebellion Is MOI war. There Is 40 foundation for
this idea in the low Of rHfiOus, which recognizes
civil war a. much "a oreigr war. War - rot
thing Of Iedsnfio verbal refinement but Of stern
reali les Eneland yorsii ed N re- roing the heYo
dictionary contest rebellion I'll be pcace OF i3cJ
Int Il WIS 10; the les war; To ceny to-. war
exist where $4,000 troops are IN the held on oge
side and between two or three hundred vessels 81
war are actively employed, Is sophisiical technical
ilv. Neither is auy proclamation, On hich some
i1si.t Necessary On ether side certainly rot the
part OF tho.e a. allied; ana the South claims tie
credit OF "inGugumting' the contest. AeutGals are
entitled 10 fair notice q a blCcksde; even cuemes
ought 10 ndFt Ute aliONta blfLl - iNANt lif
hostile ports, though Il -yt alvs ys granted and
prisoners are usg1lIy ard Wlsely exchanged. But
these two lat privileges are not esseCti-l conditions
Of war. All the English who bap penec - be ia
France when hoetilIties were renewed after the
De .ce Of AIoiens were detained IN that country;
5000 French prisoners were confined IN England
AID Scotland, and no arrangement for an exchange
could be effected. But 20 cut OF all Necessity Of
guneut neither war exists Is enough o. -sv that
tie COME crates cin tie Character OF beI!gcrentb
and the British Government admits the cllim. !
shall presently revert 70 t.iis point.
But il il urged that the rights Of war against the
ambassadors Of the enemy only sccToe " wherever
The character 81 hostility exists Thu phrsse ia
perhaps not MAJ sed with tbs usual oearness OF Sir
William Scott, but his meaning IL evident. II mus,
lie remembered tat the Caroline vessel seized
and sent IA Tor having on board dispatches from the
eneny's Government. All The questions raised and
discussed on the trial referred 70 the privileges of
ueutsals aud the rights Of belgsients a. sea- IN ime
Of war Nov il is precisely tho high and ~
aqin.g 4 eutfa vesseI that the bell gefent Iight Of
reach exists. The character OF hostility" as far
~ mt ftg6k Is cOpcfrHcd not only exists on tho
tyl, ge,s but can egid now here else. 10 spesk OF
vessel of the Neutral being. with reference the
night of sesIcb uViOlsbe as tho teniiOry Of the
1eatgel; 10 saw ~ Hr. JeiersOn Davis does IN his
foessaQe OF Lie 18th II November, that the United
states Lad no more night 10 .ele tho Rebel Embas-
sailors on board the Trent. tLan IN the n.reets Of
London. n simply begging the question. a neutral
ygszl ia a part 0! The county 20 which IL belong,
40 far rs its jurisdiction over s own subjects gOUf.
and 90 far as the law Of nations proie,ts neutral
property and neutral persons from seizure By beli
oerebt cruiser. Bat il inc iaw Of nation authorizes
you. 10 tue words of sir William Scott 70 stop tho
coemy's Ambassador On Bis lassngo, II antt orizes
be search vi the neutral vessel iid her detention Tor
that ptUpOss.
Sir William Scott goes on 10 say that, ritter ~
acr.yal Of the enemy S embasrador al his neutral
dcstuatiou the bellgsreut ht OF war against hiIn
ceases eycA though bya legal fiction be carries bic
conuiry with him. Ihls fiction must be construed