Daily intelligencer. [volume] (Wheeling, Va. [W. Va.]) 1859-1865, 1861-11-21
MASON. AND sLIDELL.

Tine Famous Article Oh tue NaNtVAeA
!ntelIIEeneer about their 0aptuLe:.
An IntsFestinB chapter OF 4nterna-
tlonAl Law.
The following is the article Of the Ma
tOaal Lntetigeaeer on the capture of Mason
and slidell, which was noticed in yester;
day mornings dispatches:
The reader will find in another part Of
to-day's LHteltigeReer the announcement OF
the capture of MeEsFs. Mason and Slidell,
Envoy's of the confederate States to the
governments of Great Britain and France.
Found by Capt. Wilkes, Of the o. S. steam
er San Jaeinto, on board the British mail
steamer Trent, which, on herpassage from
HAVANA to England, was overhanled in
the channel of the Bahamas, the two dis
tfnguished Commissioners were taken in
custody by that officer, and, having been
transferred to his vessel, were brought, in
the first place, to Fortress Monroe, and
thence transported to New York.
Such being the facts in the case, wheth-
eF Capt. Wilkes acted with or without the
orders of the Government, it remains to
inquire into the grounds by which this
proceeding is justified in the light of inter
national law; for, however expedient may
seem the success gained by the arrest and
detention Of these Confederate representa-
tives, whether regarded in point Of p0liti-
cal or military strategy, it would be dear
~ purchased at the cost of single prin-
ciple OF that public morality whose rules
govern, or should govern, the conduct of
civilized and Christian Statesinitheir mutu-
al Intercourse in peace and in war.
Those, therefore, who are not already
familiar with the principles involved In the
proceeding of Capt. Wilkes, will learn with
interest that it is fully justified by the rules
of international law, as those rules have
been expounded by the most illustrious
British jnristS and compiled by the most
approved writer's on the Laws Of Nations.
So far from having transcribed the powers
with which he was clothed by that code.
Capt. Wilkes did not exhaustive full meas
ure of his authority, for he not only had
mn undonbted right to arrest these IAN
bassadors" of the Confederate Government
on their passage TO Europe, but he might
have Justly captured the vessel on which
they were found, ind brought her into port
to be condemned as a lawful prize.
The points of public law involved IN the
case. and on y hich It turns, are as follows !:
1. The right OF visiting and searching
merchant ships on the high seas, whatever
be the ships, their cargoes, or their desti-
nations, is an incontestible right of the
lawfully commissioned cruisers Of beLlig-
eTsnt nation. Being purely belligerent
right, essential to the capture Of enemy's
property and the discovery Of eontraband
of war on board Of neutral vessels, it is,
from its very nature and definition, tncOm-
Petent to state of peace, but accrues TO
each belligerent on the outbreak of war.
2. To engage in the transportation Of
nF HagNafRha6
and dispatches themselves, is of the same
nature with the carrying of contraband
goods, and vessel SO engaged in the ser
vice Of one belligerent is subject to cap
ture and con6scation by the other.
3. A belligerent may lawfully arrest an
ambassador of the adverse belligerent, ii
found at sea In a neutral vessel on his
passage, and therefore before he has ar
rived in the neutral country, or has as
sumed the functions of his Office near the
Government to which he is accedited. But,
when he has arrived and been admitted in
his official position. he is protected by
his representative and international char
acter.
4. The fact that the voyage ts made to. a
neutral port does not change tue legal
character of the transaction, where eou-
traband Of wAr-incIuding Of course mill
tary persons, dispatches, and their bearers
lis found on a neutral vessel.
These principles are believed to cover
completely the case presented by the cnp-
ture of Messrs. Mason and Slidell; aud that
the points have been correctly stated will
be seen IN the following citations from
Wheaton's mElements of international
Law" We quote from the edition of 1855:
1.-THE right of visitation and search OF
neutral vessels at sea is belligerent right,
essential to the exercise of the right of cap
turing enemy's property, contrabaud o.
war, and vessels committing breach o!
blockade.
"The international law on this subject
is ably summed up by Sir w. Scott, in the
case of the Maria, where the exercise or
the right was attempted to be resisted by
the interposition Of convoy of Swedish
ships Of war. In delivering the Judgment
Of the High Court Of Admiralty ia that
memorable case, this learned civilian lays
down the following principles of law:
tsl. That the right of visiting and search
ing merchant ships on the high sea, what
ever be the ships, the cargoes, the destina-
ton, is an incontestible right of the law
fully commissioned cruisers OF belliger-
ent nation. Il say, be the ships, the car
goes, aud the destinations what they may,
because, Till they are visited anu searched,
it does not appear what the ships or the
destinations are; and 1t is for the purpose
Of ascertatniug these points that the ne
cessfty Of this right Of visitation and
search exists. This right is SO clear in
principle that no man can deny It who adj
mits the right Of OF maritime capture be-
cause IL You are not liberty to ascertain by
sufficient inquiry whether there Is property
that can be legally captured, It is impossi-
BILE to capture."-( 6sT9s.l -
"The fEaudulently carrying the despatch
es Of the enemy will subject the neutral
vessel in which they are transported 10
capture d1d eORfSeatioa Tie Consequences
Of sHeh serviee arstiadefriite, infinitely beyond
tAe effect ef any eontrabdnd that eGa be c0a-
Veyed. The carrying Of two or three car
goes of military stores, says Sir W. Scott,
SIS necessarily an assistance Of limited