Nashville union and American. [volume] (Nashville, Tenn.) 1853-1862, 1861-12-11

taIion. At least these privileges were cenied to
the British royal mail steamer Trent-her comings
and goings being regulated, moreover, By leu
tenant in her Msjssty's navy, whose presence on
board might be supposed an additional plea for re-
specs
holding Capt Wilkes guilty Of q very serious breach
of international comfy. Whether he has also VIC
lated international law, jurists must decide. The
case is untouched by precedent We believe our
selves that the Trent is ID all intents and purposes
public vessel; but attorneys general, we say, AID
" ut Captain Wilkes proceedings, after
The had broken dOwa the barrier that
should have restrained him. lie forcibly took OF
two passengers, on the pisa that they were ambas-
'adorS from an enemy, Or they earried dispatches
or both, for the case Of their secretaries may be
adjourned. Nov, we deny point blank that hessrs
SideH and Mason had any ambassadorlsl chsrae-
ter whatever. a conederaey. that has no reeog
niZsd rational existence, cannot send forth an
official representative, whose very status pre- sup
poses recognition. To the Captain Of the Trent
these persons could have been no more than any
ordinary passengers, whatever he may have heard
Of their erraud by c0mnGn report-for, than
Heaven, zoe have not refrigerated to passport
! system!-and they were therefore entitled 70 such
protection as his neutral dtg could afford, and to
| such asylum on board his ship ss her special
4 ehSrter should have secured.
/ They themselves, we repeat had no official posi-
ton They were not amoSsss1ors, they certainly
were not soldiers; they could not be legally seized
on beard a neutral ship at sss without some 11sti
fable pretext; however easy it is for Secretary
of State on shore to cOnsign whom be pleases to 3
military prison for Elledsed civil offence "Oh
but they were bearers Of dispatches"
say the volunteer legists arguing again on
their tOrtiori principle. 'If the carrying of dis
patches, according to all authorities, subject yea
sci TO forfeiture of course the bearers must be LA
BILE to seizure" The argument Is weak; law and
practlc run the other way. Breakers Of blockade
and carriers of contrabsnd incur risk-but no pers
sonal risks save the inconvenience of temporary
imprisonment. But were these gentlemen bearers
Of dispatches! We know not, and certainly the
Captain Of the Trent had no means Of knowing,
since it is not the custom on board our ships TO
search passengers persona or baggage on embarka-
ton; or to Pry into the contents Of the mail bags.
Indeed far a. the latter lscOncerDed Messrs Sill
dell and MasOnhad no control whatever. Observe, we
do not pretend that MessTs. Sidell and Msssn were
not enemies and most fagrsnt enemies Of their
captOrs; but We do pretend that international law
does not warrant the seizure after this fashion Of
individuals not designated by public law; aBd fur
Their, that single word in the Queens oftquoted
proclamation prohibited the Captain OF the Trent
from taking these individuals On board, all rumor
! as to their mssion or commission to the contrary
notwithstanding.
Aud now, if there be any force in the position we
have assumed, the cloud of called presidents, Get
forth by our American contemporaries, dislolves
INTO Tnl0Re5t air. ADMIT the uDq uestlOLe0
Of beigerents to visit and search neutral merchant
ships; the Trent Is q public vessel An eneny's
ambassador may unquestoDably be stopped upon
the high sea- Messrs Slidell and Aasou are not am
bassadOFs. Private ships ffzudEssnty" carrying
dispatches Says Sir Walter Scott, the word Itsli-
cIsed being conveniently omitted just low BY all
the American eOu1mentators) are subject 10 conhs-
cation; the Trent vas not trGudulenuy carrying
dispatches, nor any attempt made TO seize her.
In addition 10 this any Eight whatever IN TINS case
is war right. When did the United States proclaim
war against the SOugh! They proclaimed q block.
sde OF their own ports, not Of an enemys They
have done nothing whatever, officially, TO convert
the Southern COufederstes frCm rebels into foes
Nor can il be pleaded that our government has &C.
knOTIedKed beth parties a. belhgereuts. The Uni
ted States Government must have done 90 taef, ere
it could lawfully exercise one beligerents rights
toward another beltg5rent, in presence and to the
detriment If a neutral
/ Looking at all these dCub:s and discrepancies
we connoJ q ate agree with writer's around Us that
the American view OF the case Is Indspataely the
correct one. We fail even to be convinced BY the
solemn announce mtnt of Professor TheOphilus Par
SOILS, Of the Cambridge Law School, that the egai-
" of the capture is beyond all doubt OF Qles
ton y Il may be sn awful risk this d.feriug With
q professor on his own ground; bat Ee dare hope
that We are warranted in belief that 1t lesst
there two sides 70 the question. With all re-
spect therefore. We tske leave Of this intensely
positive professor, srjuIing him in ihs words Of
Is committed TO thy trust, avoiding vain bsbblj0gs
! and opposiuORs of sBieRee falsely so Called
( Out of all the cssFs cited applicable tWo only
Though not in truth applicable st Sil-sre inter
estng The one Is that of Prince Luciea Bona
! parte seized on board an American ship in Sar
dinian port fifty years ago, which seizure We hold
TO have been figrRnt and double outrage. But in
order to deduee from it justification Ot Captain
! Wilkes il would be necessary 70 show that Pied
mont and the United States cOncurred in apProVsl or
liberation Of the deed. To what extent the former
J remonstrl ted-wh!ch weS all she could do
we are ignorant, bUg We member that
I the United States EoOn Afterwards went to war
with Great Britain ard we doubt not that in The
list of grievances OF that dGy. this very one may
be found. The capture Of Nr. Henry Lsurens,
President OF Congress, taken BY British frigAte
in 1880 f ON vessel bound 70 Holland, appears ~
the frat blush cuTiously II point. But neither will
this instance bear the test Of examination. Il haG
pleased the seaTchers after pFecedeLt to designate
the vessel stopped on high scas Dutch ship
They even loaded her with tobacco. This ID neat
KnickeraOcEer device; bat We deplOre, on the su-
thority Of Lord Mahnn's history, the Annual Reg
lister for 1850, and Admiral EeppePs Life, thas the
ship vas an American (rebe?) packet. Any pre-
sumed analogy therefore falls 10 the ground Dsither
could the Dutch have raised question as to the
seizure of tratOrs--nOt beng sekaO wledge belli-
Eerents-under the protection Of their flag, seeing
that among the captured dispatches On that occa-
sion quasi-tresiy between certain dignitaries
! OF bOAanQ ana tlc OOlOhles ti-CllSeLFtSl thsu Al
revolt against the British Crown
Here We must halt for to-day; since, If articles
be over long. they are sure to be overlooked. What
the British Government may do or dsi1Gnd is 4 Sc
rlous question. not 10 be dismissed cutie easily
az the press Affects TO beleve.
The foilowingiug article from the Havana Diario
ds Ia ApiHG Of the gath u!t., is equally to the
point
The art which NO yesterday announced to our
readers, wit: the detsnton of the British steam
er Trent by the American corvette San JscintO and
the violent taking from on board Aessrs. Mason and
Slidell who were OR said vessel passengers
bound to Europe. has produced great excitement
among our inhabitants, natives we'll az strangers
Nothing else has been the topic of conversation in
all circles of our populs ton. We would not dis
charge our duty did We fail to notice matter which
has attracted 50 much of the public attention. Be-
aides as will be seen in another part Of this num-
ber similar case took ace IN Panama. ItGppears
tina. = = = rrs'"r. Mr. g Ein, with two companions
sal! - ) AZ snefsgO on board ths OriEaba, IN
which yeas. as Gsl. Sumner Of the North, |
with troops. = lr - covered during the passage TO
Panama and arrested then; IN doing which he said
he made use of a right that be Only had TO answer
for to his government. The vessel having arrived
81, of pota American no n re-