Cleveland morning leader. [volume] (Cleveland [Ohio]) 1854-1865, 1861-11-23
Ths caplare b be aebsl EnvoI..

The capture Of aessrs 5 idell and Mason,
open and svowed traitors to the land Of their
birth, and engaged in attempting to subvsrt
the Government which has protected them
in all their rights-engaged at the moment
Of their capture, in the highest and most de-
tested Of all traitorous doings en- route to
prOcure the intervention Of England and
France In civil wsr-opens up a new phase
in international law, the settlement of which
must have its effect unon future wars in pre-;
venting, or in giving full scope to foreign in-
terfsren.e, under the guise otneutrality, IN the
9z giving of that aid and comfort to the enemy
which is Of more value than the taking up Of
arms or rendering them open and svOWed
assistance.
The facts relative to the capture of Mason
A and sliden, are, fortunately, not eontrovert-
ib!e ones; hence the question presented is one
Of mere international Law, and this, we
think, clearly justifes the course pursued BY
Commodore Wilkes, in stopping the British
steamer on the high seas, boarding her, and
foreibly taking therefron the persons of the
50 called Ministers of the Confederate States,
and in seizng their desps'ches.
Our Government, from Its FIRST formation,
has ever opposed the right of visit or OF
search and 50 earnest has been its remon-
STRANGE, that even England, the most rigid Of
ali nations for its rights finally succumbed
ana gave It mp, and this isolated fact by those
Who look upon the surface is deemed proof
positive that Wilkes was IN the wrong and
that the Administration in sustaining him,
stultifss itself and will have ell the argu-
msnts advanced sgainst the right of visit and
thrown back il their teeth and American
doctrines advanced to disprove any argument
Mr. Seward may advance to sustain the Gov-
srnmsns in sustaining the gallant Wilkes in
seizing the persons Of these leaders of the
rebellion
Oar Government never opposed the right
Of visit and the right Of search upon the high
seas, during state of s0ar; lit was against the
practice in peace that it made its fierce and
successful resistance, and this fact overlooked
or forgotten gives to those of our citizens
who proclaim that the course Of Oommodore
Wilkes was an insult to the British Govern
ment their only argument against their own
q Government
Chancellor Kent, among the ablest writers
on international law, has laid down this
- - right in language 50 strong ard clear, that
We give It in his own words: I'm order, "
says the Chancellor, "tO enforce the rights
Of bslligereut nations against the delinquen
ciss Of neutrals, and to ascertain the real, as
well as Assumed character Of all vessels on
the high seas, the law Of nations arms then
with the practical powers of visitation and o
sesrch. The duty # SET PrsserVaiOH gives 4
beligTent nations this right It is founded
upon necessity, and is strictly and erelusiUss
apGrght aad does not right fully exist ia psses
unless conceded BY treaty. All writer's upor
the law Of nations, and the highest authOTi
ties, acknowledge he right, IN tine Of loaE, a
resting on sound principles Of public j-ds
prudence, and upon the institutions and p-ac
tics OF ell great maritime powers. And if
upon making the search, the vessel be found
smploys1ln eoatra0and trade, or in carryine
enenys property or troops, or dsPatehss, sh'
is liable % be taken and brought in Tor ads
aicAri9n before prize court"