New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1861-12-19

e. malta sutable apologies for it, restore t'e Pc,
& - ,be gentlemen arrested and Ia iIo' tbe
ayarv CONDENSATION in their power: "Srrard and
xvords written and spoken, oil vi. ia we
reckless AS American policy nor u sta,e. are seri-
can bardly suppose that the Northern TuIond we
tan "a" i;lS!osed IN accert a war with Enelauu
bsyc in The American waters, w,al WI - ~ go
can expedition sud the sblps a., ihonsand opns
smoupiir @ 70 not far short OF o 1T e. 'ees,ssf
LII we could largely increase WIN tue sioa'e1l
M yo,ioitv T. one month we could sweep al
O. iil;ytos from, tue seas, blockade the NORTH
ern norris and turn to direct ana speedy Issue .ne
tSn Of Inc war now raging. IDS Is so OBVIOUS, Iha'
- t;nd il almost impossible TO suppose that tue taO-
;rs, Of Washington can commit an act so madly SUI
;5I as IN reject orr earnest and positive denauGS
However 1niliGtipg TO the arrogance ana clsPeds-
inc 70 the vanity OF some sections OF pocians, VIC
Yfope Of the Northern States must sec .na' 'ueie ID
atbor course open TO their Government, or consist
.r, with really honoIa 10 naiCn character tHan
10 comply with the requirements OF TINS country anu
OF justice. l. s,uns,,d M, 10
II IA understood that the Judgment oil the legai au-
- of the Cabinet has eendelivered on one point
o,lv,be right of any individual officer 10 assume "
himself ON the bigh seas the functions OF an Aaih
raly Court and condemn ship and lis cargo on DE
own authority. There may be q dozen counts iu a,
indictment against a criminal, any one OF WHICH, II
sustained NAV be sufficient 70 hang him. Ana III
tAe present instance II is perhaps unnecessary 10
have more than the one breach OF lnternatlona law.
Yet we may not lmproDsOly ma occds on 10 IeR'o'
that Judgment has not been taken on more points
tbap one: and that the strongest case against the
commander of the San Jacinto has been lett un-
notieed What bag outraged the national sen
tment of every true Ensishman, Is not the
fact that Cant, Wilkes carried oil Messre.
Mason and Sldell instead of carrying off
the Trent, but that passengers sailing under the
Brltish flag were mOlested 10y foreign mau-oi-wnr;
that our rights neuTals were inf1Dged; and that
tbe asvluu which we boast ourselves able and will
o,li ~ liaelI by o. or
been violated II is now stated that the law-oihcers
did not 70 into the minor question. Why not Sure
Nv. when such grave consequences rs we must now
expect hang theissue OF our communications win
the American Government, 1t were better To pat our
cose in its strongest light and TO leave no room Tor
audible or sophistrv. We have not the slightest
doubt that the law Officers are night IN their opinion
But supposing we present 10 Mr Seward the alter
native of regaration hoties, Is 1t nos quite pos
sibe that he and bis supportsrs--and tasr name VIII
ba leqion IN the Northern Sates-wli taunt US with
want OF candor! They will say, and they Will to
some extent be justified in saying, You virtually
admit our right, and condemn your own odse' We
might have diverted the Trent from her course, ana
condemned ship and cargo carrying c0ntrabahd oil
war We spared you tnat inconvenience ana mug
nity having gained our Immediate object. now you
reproach us and threaten us win war because we
old net exercise our full rights. Such an argument
!. cnite nossible from the pen Of go INSCRIPTIONS
politician as Mr. Seward. and 1t VIII certainly eA
nose us 10 the charge OF fighting for the shadow ano
ielnquishing the substance OF our claim. NO oouot
rreat priuciIe is defended in the decision OF our
law officers Had there been forcible carrying
oil of passengers, but merely seizure OF dispatches
or actual 'cOntraband OF war; the ohense OF the
American officer would have been equally viola
ton OF international law. For such precedent
would practically make every captain OF lnan-o1-
war the j1dge as well the captor OF ms prlze-a
plain yeductso al 0bSHyaum, which American JuIls's
will hardly defend. But it is for something more
than principle of international law that the whole
heart OF England is stirred; for we are sorry the
Government have thought tit to limit the attention
Of their legal advisers 10 this single consideration.
The real outrage, we repeat. is the insult offered
t. the British flag the arrest OF passengers sailing
under its protection. We no reason 10 alter the
opinion we put forward yesterday-thas the case OF
Nesss Mason and Sldell would he precisely analo-
pous to she feizuTe OF Envoys from the Southern
States to this country on Canadian SOIL No one can
venture to deny that such step would have been
direct violation of national nights. And unless
the theory that on the hgh the ship sailing UNI
der the British flag is British territory Is pure
fiction the arrest Of the Southern Commissioners on
board the Trent is very similar orense For 1t is
idle TO pretend that ENJOYS or agents from Del
Igerent power, sailing between neutral ports on d
mission to neutral Governments, come under the
category Of "contraband Of war;" Such Q doctrine
has never been held by any jurist. Lord Stowell
bimself who certainly pushed the nights of bel
Igerens over neurals the furthest limit, scou,ed
kucb a notion. There Is not precedent on record
of such a view having been taken. Nor Is 1t likely
that in the nineteenth century the comfy OF nations
will permit such an eXtravagant theory TO be en-
grated upon our system OF international law. II
seems 10 U.s. with due Difference 10 the responsible
advisers OF the Ministry that this point required at
least more attention than 1t has received, and that
BY negiecting TO protest against the outrage, viewed
IL this ghi, are not only weakening our present
position, but doing much to sanc'ion q principle
which, In reality, we utterly Tepudiate and condemn
However, 60 that the honor OF our flag be vindi-
Gated and the right of lum asserted the mode In
~ ,aA HFf Irf
fear the American Government is little disposed to
Concate or make concessions. We fear that the
outrage of the San Jacinto is but one OF series of
premedi,aied blows aimed at this country with Il
view to involve 1t In a war with the Northern
States. Ii is currently reported in Paris--on the
authority of Gen. :ott, we believe-tha the captain
OF the San Jaeinto acted entirely in pursuance of
orders gwen months ago by Mr.. Seward, after the
mature delberatiOn Of the President Cabinet. Nay
more we have been informed that the determination
Of the United States Government TO arrest the
Southern Commissioners, whenever and wherever
their capture could be effected was formally made
known some time back TO our own Government,
and that a certain man-Of-war Is now well on
- Way to the Bahamas TO protect the Trent from
~ anticipated outrage. This does not look
g. if tie President would Gisavow the act of
C-Et. Wilkes; is IT, indeed, in the nature OF
aDgs that any officer wo4d have been guilty Of
s,ch outrage the British flag, unless he had
received special instruction, unless the insult had
bee, premedItated and the intent hostile. What the
ultitats aims OF the new Cleon OF the North may be
we k,ow not. Possibly with England to this
RECKLESS Politician seemsthe last card he has to play.
lie fontly magines, perhaps, that IL will afford him
loophde .or escape from his acknowledgements of
the SOuli, aud that South and Northwill gladly
combine "a dave the Britisher out CT Canada But
The black Gag hoisted at Savannah and Charleston.
Towns anG bonesteads and plantations in the South
have been solted and ruined by Northern expe.
ditions. 1t tooate to stem and turn the tide Of
popular feeling, AMI Mr.. Seward counts on broken