New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1861-12-24
THE TRENT-PRO AND CON.

against the legality of the capture by Capt.
Wilkes Of the rebel ENJOYS:
MASON AND sLIDELL.
To the Editor Of The a. Y Tribune
Sir: Capt Wilkes have well read his in.erna-
,ional lawboot II the southeners begerents and the
English and regard them such the Trent might have
been sbls to be confscated for carrying hostile dispatched
But what hostile dispatchesl Dispatches to a neutral
try Not at all; they must be ENEMY
BETWEEN DIFFERENT PARTS OF HIS DoxIsioSs. Kent ~
The neutral country has right TO pr1erre ito relations nth
he enemy and does not neee.sariy follow that TIC eommun
cations dyef hostile character Capt Wilkes made there
FORE not merely mistake in BY not bringing the Trent
in for adjudication before prize court but be had s at
all to seize emb odments OF dispatches" bound for neutral
port.
Should however the Southeuers be regarded rebels
conduct in the Kosza affair ia against and whatever
may hirk OF Epgands sehshness and eaouy she hs,
seldom yet refused ssyrm to political criminals Mazzni
and the Bourbons the Pruan prince and the Pisn rebel
LedTu Rolln and the Constable Bonspae, and hundred
others in their turn testified to this fact But vessel is but
a movable soil E.P.
Union Collage, Dec. 81. 1861
Comments By The Tribune.
All the pleaders on the British side of this
question seem to us to evade the application Of
principles and rest their case mainly if not
wholly on technicalities and bubbles. Let us
once more call them to order aud restate the
case as we view it;
Here is tho essence Of the law Of the ease.
as We find it laid down by the best British
authorities--legal aud other-and assented TO
by tie great jurists aud writers on the Law Of
Nations;
l. The vessels of neutrals must do nothing
whereirom one belligerent derives advantage TO
the prejudice of another
,. The merchant vessels Of neutrals are liable
20 be stopped on the high seas and searched
by the National armed ships Of belhgerents,
with intent to ascertain that tie above rule is
or is not iufringed BY them.
3. The neutral vessel detected in thus IL
iringng tho rights of u belligerent has suO'
ected itself 10 capture and confscation. la
leading ease, however, Sir William Scott de-
cidel that q Neutral so captured for carrying
belligereat dispatches might go free, because
her captain waa ignorant of their true charac-
ter, but he must nevertheless bear all the lOss
Indicted on him BY bis capture and detention
without redress-the fact that be was carrying
belhgerent Dispatches being Priaa Jacis jusii-
fcat.on Of his capture.
For proof that We have not misaPPrehendet
the sDirif ard ss8encs Of the law governing tbs
matter, We appeal ~ Queen Nlotoras Procla-
nation Of Neutrality ia tai. contest, wherein
her subjects are solemnly warned not to convey
d" ogicsrs, soldiers, disPafeiss, SC, for ether
Of the beIligerents under penalty Of being leit
70 meet the consequence. thu, invoked on their
own heads. II 8 not 10 be presumed that such
a Proclamation was drawn up by one ignorant
Of the law governing the subject, and there
was then no conceivable reason for misrepre.
sentug It. Lord Palmerston and Earl Russell
of course duly considered and sanctioned this
Proclamation prior 10 its issue; and, We csll
them and their Royal mistress to the wiiness.
stand in refutation of the fbe-drswn cavils OF
r. T.
Bat again: Take the case Of Paroles. lie
gas an eminent Mexican who had been Prosi.
dent Of his country. but was ont Of power and
in exile when war broke out between Mexico
and the United states. Like q true aud loyal
patriot. he fastened home ~ offer his services
10 his mperiled country. II does not appear,
and is not a. all probable, that he ut this time
held any Office or public position whatever
Yet the British vessel that conveyed him from
Havana 10 Vera Cruz was grayoly complained
Of By our Government to that OF Great Britain
o. having thereby grieyously violated "a nou-
trail our rights IA q belligercot, aud thus
" rendered The Terioi liable 10 ooyiaa''on.
So said Mr.. Bancroft, our Minister at the
Court Of st. James, and Lord Palmorston, in
replying, did not question nor doubt the cor
rectness of that assumption. On the contrary,
he condemned it as an outrage and exacted the
suspension of the captain of the Toyiot from
his command. True, he tries to put the case
on the ground of " breach Of faith toward
/" the Government of the United States;" but
the complaint was not merely of abuse OF
privilege (Which could hardly subject the Teyiot
to confscation) but of violation of duty as
neutral.
We submit that i. p. takes nothing by his
cavils as to the character and status Of Mason
and Slidel. They were seized not as rebels,
nor as political fugtiyes seeking or claiming
asylum, but as public enemies Of the United
States then bound on an erand Of hostility and
peril to our country. If in that capacity they
were not liable to arrest, then let the whole
doctrine of contraband of war be exploded and
forgotten. ia.