New-York daily tribune., 1861-12-30
rnt the case is ono no. with them, but with the

-
Ilut the case is one hos with then. but with the
Brtirh Government. r We claim that Great Brit
ain ought rot to INST chat judicial trial has beer
lost because we Voluntarily relsased the offending
vessel out Of Consideration for her innocent pa.sen
gefa do not zee how she IA TO be bound 10 acqnlesce
10 the DECISION which was thus made by us without
necessity Oh our part, aud without koowledge Oh
cor dtioDs or couseot Sn ler own:
Tie question between G. eat Britain and ourselves
thus rta ed would be question, not Of right and OF
law, but OF favor, to be conceded by her 10 us ~
return for fayors shown by TO ler OF tie value OF
which favors on bosh ,ds we ourselves sall be the
indae OF conrse the United States could bave no
ibough! of rai-iug such ques ion 10 any case.
trust that have shown to the satisfaction ofthe
British Government, by very simple and natural
statement OF the facts and analysis of the law sppli-
cable TO them, that this Government has neither
medtated, nor practiced, nor approved, any delib'
crate wrong in the transaction to which they have
called its a,ten ion; and on the contrary, that whit
has happened bas been simply sn inadveitency coI-
Ii ting In departure nv tie naval officer free from
any wrongful motive, from rule uDcer'aiuly estab-
hed ana 40 ably by the several parties concerned
either imperfecty uodenteod on entirely nnAh9wn.
For tb. efror tie British Cove nment bas night -
pect tie came reparaion that we, asan dependent
State Sion expect from Great Bi ala, OF from sny
other friendly nation, In simllar csse.
Il
question | have frn into On argument tor What
seems 70 be the Br tisb lie of II against my own
country But am relieved from all embarrassment
on that snbject. had hardly fallen into that line
of argument when discovered iIat was really de-
Tending and maintaining rot an exrllsiyely britsh
interest, but al old, hOnored, ard cherished AmeIl-
can Gauge not upon British authorizes, bat upon
rrIneipl.s lat constitute large potion Of tue dis
iinctive policy by which the United states have de-
veloped tue resources Of continent, and thos, be-
coming considerable maritime power, have won
the rerleot ald confidence Oi uany Daiions.
These principles were laid down for rs II lovf,
by James Madison, when Secretary OF State III tie
administration Of Thomas jefferson, in iastruciiols
given TO James Mouroe, oar Minister 70 En!,sho'
Although the case before him concerned de'chpion
Of persons different from those who are luccentaliy
TIE subjects of the present discussion, the ground he
assoned then was the same | now occupy, and the
arguments by which lie sustained hlneen upon ~
have been an inspiration to me In preparing this
reply e.u,a :, .n
tral yess, ia supposed to be liable on any ground 10
eaptnre and couCennsti0n the rule n M cases IL, t1at
the question .hal rot be decided by the capor, bnt
be carried before legal tribunal, where regular
trial may be bad, and where tie captor binsen IL
liable 30 damages for AN abuse OF lis power.
Can it bs reasonable then, or just, tba beiigercnt
commander who is thus restricted aud thus RESPONSE
Die Ia caso Of mere property, OF trivial amount,
should he permitted without recurring to any tnba.
usl whgteyer, 10 examine the crew of neutral YES
EEL to decide tie ia porau question OF their respect
I've allegiancps, and IN carry that decision ibto
execution by forcing every individual he may choose
into Z eervce abborrent 10 his feehugs cattiog nim
OF from, bis nost tender connections, exposing Ills
mind end his person to the most humiistng disoiP.
lIOe. and bic life itself TO tho greatest oangeri
Resson. Justice, and humanity nnite III pf0estihg
against 60 extravagapt proceediug'
III decide this case in favor Of my own Govern.
ha~- sl..A Afnrsn IN Tl.sS
aud revere aud forever al andon s essential policy.
The country cannot afford ,he sacrifice. Ii msil-
tain those principles, aud adhere 10 that policy
must eufreider tie itself. " will be seen,
therefore. ihot this Governm NJ could not deny the
Justice of tho claim presented 10 us Ia this respsel
upon its merits. We are asked 20 do for the Drpi.h
nation just what we have always ihstted all ha-
lions oul ht 10 do 10 us.
| Tn. cain of tie British Government is no; made
| in d.scourteOus nHHpsg. Ibis Government, since
its first orgarizaOn, has never used more guarded
| language IN a siuIilar ease.
| In com ng 10 my conclusion have not forgotten
that IL the safety OF this Union required tie deten-
ton Of the captured persons, II wonid be the rght
and duty of this Government to detan them. Hrt
tie effecisal check and waning proportions Of the
existing is-ur ectioo well as the comparative un'
importance OF the captured persons themselves, when
! ci.pas-ionately weighed, happily forbid ne from
re .oitiog TO that dcieute.
Nor am unaware that American citizens are not
in any case to be unnecessarily surrendered for any
purpOse into the keeping OF forei IN sac. Only
the captured persons, however, or Others who are
interested in them, could justly raise question On
that ground
Nor have been tempted at all by suggestions that
CAGES iQht be- fonud in history where Great hi aln
sofused 10 Weld 10 other nations, aud even 10 our
selves, claims Ike that which Is now before u.s.
Those esees occurred " ben Great Britain as well as
The United States, was the home ef generations
all tb.ir inf
have passed away.
She conld iD no other way so efectuaily disayow
any such injury no think she does now, by
assuming NJ her own the ground nfon which we thea
stood Ii would tell It'll. for own claims to the
character Of Just and magnaniDous people, If we
should 20 far consent to be goiied by the law of re-
talia'ion az to lift up buried injuries from their
graves TO oppose agsiust what national consistency
and the national conscience compel TO regard -
claim in rinsically right.
Putting behind me all suggestions OF this kiud, l
prefer % express my satisfaction that by tie sdlus,
ment of the pr. upon principles confessed
ly American, aud yet, as trnst, mutually saustsc-
tory 10 both Of the nations concerned, question 10
Hnaily and rightly settled between then, which,
heretofore exhalstng not only all forms Of peaceful
discussion, but ALEC the hroitment Of war iiseI or
more than half century allenaed We two countries
from each other and perplexed with fears a''d ap-
prebenfons all other nations.
The four persona In question are now held n mill.
tary custody ut Fort Warren in the State Of Masss.
cbuseits. They will be cheenully liberated, Your
Lorjship will please indicate time and place for
Ieceivir x them.
svsi ny se of tts occasion 10 offer to your LOrdshp
rene cd assurance of my very hish copslderstion.
WILLIAM II. SEWARD.
Mr.. Thourenei 10 Mr. Mercie,.
Translation.
ADsIYsrR ALTON oF FoRsIsa AyvAfRs,
PoLIrIcsL DgPaKInRSr, PARIS, Dec. 8 tes1. !
SIR: The arrest of Meseieurs Mason and sliden on
boa rd the English racket Trent by an American
cruiser, has produced In France, Ii not the same
emotion as in England, at least extreme astouish-
ment aud sensation. Public sentiment was at once
epgrossed with tue law fnluess aud the consequences