The New York herald., 1861-12-29
which was an afront to the British flag, and vio-
Iation Of international law

have long subssted between Great Britain and the
officer who committed this aggression was not act
ing in compliance with any authority from his
government, or that if he conceived himself to be
so authorized, he greatly misunderstood the in
structons which he had received.
Earl Russell argues that the United States must
be fully aware that the British government could
pass without full reparaton, and they are willing
to believe that it could not be the deliberate in
tention of the government of the United States nm
necessarily to force into discussion between the
two governments question Of so grave charac
ter, and with regard TO which the whole British
nation would he sure TO entertain such unaniniity
Of feeling.
Earl Russell, resting upon the statement and the
argument which have thus recited, closes with
saying that her Majesty ssgovernment trust that
when this matter shall have been brought under
the consideration Of the government of the United
British government such redress as alone could
satisfy the British na,ion namcIy:-The liberation
of the four prisoners taken from the Trent,
and their delivery to your loriship in order that
they may again be placed under British protec
tion and suitable apology for the aggression
which has been committed. Earl Russell finally
instructs you TO propose those terms TO me, if
should not first offer them on the part of the gov
ernment.
This despatch has been submitted to the presi-
dent.
The British government has rightly conjectured,
what il is now my duty to state, that Captain
Wilkes, in conceiyng and executing the proceed
ing in question, acted upon his own suggestions Of
duty without any direction or instruction, or even
forelnowedge of it, on the part of this govern
ment. No directions had been given to him or any
other naval officer TO oariest the four persons named
or any Of them, the Trent, any other British
vessel or on any other neutral vessel at the place
where it occurred or elsewhere.
The British government will justly infer from
these facts that the United States not only have
had no purpose but even no thought, Of forcing
into discussion the question which has arisen, or
any other which could affect In any way the sensi-
btics of the British nation. &Ht
1t is true that round shot was fred by the
San Jacinto from her pivot gun, when the
Trent was distantly approaching. But, as
the facts have been reported to this govern
ment, the shot nevertheless intentionally
fred in direction obviously divergent
from the course Of the Trent as to be quite as
harmless as blank shot, while IL should be re-
gsrded as signal. So, also, We learn that the
Trent was not approaching the San Jacinto slowly
when the shell was fred across her bows; but, on
the contrary, the Trent was, or seemed to be,
moving under . full head Of steam, as If with
purpose to pass the San Jacinto.
We arc informed also that the boarding officer
Uieutenant Fairlax) did not board the Trent with
large armed guard but he left his marines in the
boat when he entered the Trent. He stated his
instructions from Captain Wilkes to search for the
four persons named, in respectful and courteous
though decided manner and he asked the captain
of the Trent to show his passenger list, which was
refused The Lieutenant, as we arc informed, did
not employ absolute force in transferring the pas
sengcrs; but he used just SO much as was necessary
to satisfy the parties concerned that refusal or
sistance would be unavailing.
So also, VIC are informed, that the captain Of the
Trent not at any time, or in any way, required
to 20 on board the San Jacinto.
These notifications Of the case, as presented by
Commander Williams, are based upon our official
reports.
have now to remind your iordship Of some facts
which doubtless were omitted by Earl Russell, with
the very proper and becoming motive Of allowing
them to be brought into the case on the part of
the United States, in the way most satisfactory to
this government. These facts are, that at the
time the transaction occurred an insurrec-
ton was existing in the United States, which
this government was engaged in suppresaing by
the employment of land and naval forces; that,
in regard to this domestic strife, the United States
considered Great Britain as friendly Power,
while she had assumed for herself the attitude Of
a neutral; and that Spain was considered in the
same light, and had assumed the same attitude as
Great Britain.
1t had been settled by correspondence that the
United states and Great Britain mutually recog-
nized as applicable to this local strife these two
ticles OF the declaration made by the Congress of
Paris in is5G--namcy that the neutral or friendly
fag should cover enemy's goods, not coutraband Of
war, aua that neutral goods, not contraband Of
war, are not liable to capture under on cnemy's
flag These exceptions Of contraband from favor
were negative acceptance BY the parties Of the
rule hitherto everywhere recognized as a part Of
the law of nations, that whatever is contraband
is liable to capture and conflscation in all cases.