Belmont chronicle. [volume] (St. Clairsville, Ohio) 1855-1973, 1861-11-21
The Capture of Mason and slidell

lFrom tho National iniellgcncerl.
Whether Capt Wilkes acted with or with.
out the orders of the National Government.
It remains to inquire into the grounds BY
which this proceeding isjustifiedin the lipht
Of international law !; for, however expedi-
ent may seem the success gained by the mr.
rest and detention Of these Confederate Rep.
resentatives whether regarded in point Of
political or military strategy, it would be
dearly purchased at the cost of single prin-
ciple Of that public morality whose rules
govern, or should govern,t the conduct ofcvil-
lzed and Christian States in their mutual
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, us those rules have
been expounded by the most illustrious
British jurists and compiled by the most ar
proved writers ON the Laws Of Nations. So
far from having transcribed the powers with
which he was clothed by that code, Capt.
Wilkes did not exhaust the full measure of
his authority, for he not only had an un-
doubted right to arrest these "Embassa.
doris OF the Confederate Government on
their passage to Europe, bur might have
justly captured the vessel on which they
were found, aud brought her into port TO be
condemned AS lawful prize.
The points of public law involved in the
case, aud to which it turns, are as follows
l. The right of visiting and searching
merchant ships ON the high seas, whatever
be the ships, their careoes, or their destinu
tions, is an incontestible right of the lawful.
ly commissioned cruisers Of belligereat ma
ton. Being purely belligerent right, es-
| sential to the capture of enemy's property
and the discovery Of contraband of war on
board of neutral vessels, it is, from its very
nature aud definition, incompetent to a
state OF peace, but accrues to each belliger-
ent on the outbreak Of war.
2. 10 engage in the transportation of
military persons, bearers Of dispatches, and
dispatches themselves, is of the same ma.
ture with the carrying of contrsband goods,
and vessel so engaged in the service OF one
belllgerent is subject to capture and confsca-
ton by the other.
3; A belligerent may lawfully arrest an
ambassador of the adverse beligerent, il
found at sea in neutral vessel on his pass.
age, and therefore before be has arrived in
the neutral country, OF has assumed the
functions OF his office near the Government
to which he il accredited. But, when he
has arrived and been admitted in his official
relation, he is protected by his representa-
tive and international character.
4. The fact that the voyage is made to a
neutral port does not change the legal char
acter OF the transaction, where contrabsnd
OF war-including of course military persons,
dispatches, and their bearers-is found on 4
neutral vessel. -., I--
| As the foregoing principles are derived
wholly from the adjudications of the British
Admiralty Courts, and as Capt. Wilkes has
exercised something less than the scope of
power vindicated for a belligerent by these
rulings, it would seem idle to suppose thai
his action can afford any ground for reclaim.
atlons by the British Government, which
will be more likely to express its grateful
appreciation Of the forbearance displayed
by that officer. in not capturing the vessel
found engaged in ''favoring the offensive
projects of the enemy" If the British
legists recognize the right of one belligerent
nation to capture on the high seas the EN-
bassador OF another beligerent nation, a
Jorti0ri, must they acknowledge the right OF
a sovereign belligerent Government to seize,
under similar circumstances. the enyoys of
a faction to which, in the present case, they
have conceded the rights, and therefore ths
responsibilities. Of d belligerent
II may be proper to add that it make,
no difference in the law of the case whethe,
the master off vessel be ignorant or not Of
the character of the service in which he Is
engaged. In the present case, however.
the master Of the Trent must have been vel
aware Of the character borne by Messrs. Ma.
son and Slidell, and therefore knew that in
doing service to the Confederate beliger.
ents by forwarding their ENJOYS to Europ.,
ne was doing. an injury to tho Government
Of the United States.