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

strictly adhered THIS law, even when interpreted
by the harsh practices of a bygone age, contains
nothing which can Justify the carrying on OF
in the position of Messrs. Mason and Sldell, who
were at the most civil servants of the hostile Power,
and were travelling from one neutral port TO anotte r
in neutral vessel. Ii the Government OF WASH
iogon holds that the COniederaes are bellgerenls,
then il J. bound by the laws OF war, which treat
only military and naval persons travelling Tor being
erent purpo sea AS cOnraband, aud even IN tnat cse
direct that the contraband character sha be duly es-
tabshed in n Prize Court. IT, on the other haho, IL
declares that Messrs Mason and Sidell were seized
rebels by virtue OF its law, then the rsh'
of syum has been clearly violated. Indeed, on tDe
latter plea the Federal Government might station
sIoop In the Channel to board the Dover and folke-
stone steamers daily, and carry off every Souherner
who might be found The principle on when our
Government rests its demand Is, that Bltish snip
must--untll her violation OF neutral nights IL luiy
proved-be held to be British ground, as much as II
she were actual piece OF British soil and the rlgnt
protection Of all persons on board Is as valid as
they were on Brish territory. Now, no such viola
ton has been proved has been sought to be proved
against the Trent and consequently the seizure oil the
four persona who were fyrcl lIy dragged from her
decks was entirely illegal. We hear there is pos
eibiity that the seizure was the act OF the American
commander aud was not expressly directed by Lis
Government. Lient. Fairfax, OF the San Jacinto,
ssid we are informed on board the Tent, that his
commanding officer acted on BIZ own responsibility.
We fear however, that the Federal Government
had deliberately determined TO seize the Southern
Commissioners. That the james Adger came TO
SouthamptOn with the Intention Of stopping the last
West India steamer was stated at the time and can
not now be doubted, and We are informed that Gen
Scott has declared since his arrival at Paris that
lie seizure of the Southern Commissioners had been
tie subject of Cabinet discussions at Washington
long before be left La confirmation OF ills opinion
we NAV add that, though the Federal Government
h. nsttla or Havana nd tlDuOn
Messrs. Mason and Slidell were abont TO leave for
England in an English steamer was well known,
VET no intnation was given 70 the English Company
that these passengers would lie looked upon as con.
raband Of war 6therN ise subject to seizure. Tie
object of the Washington authorities was apparently
not 20 prevent the SAILING OF their enemy ENJOYS,
which they had an opportunity OF doing by warning
Tie English steamer az Havana that their presence
on board would subject her TO seizure and forfeiture
by a Prize Court; Il was to get possession of
tie Enjoys themselves, and for that purpose they
made no rernonstrance, as they were bound
10 do, against taking them on board, but
secretIy planned the outrage for which we
are now asking reparation. How necessary i, Is TO
UNFOLD our strict rights in this controversy VIII re
seen by a recent occurrence ut Panama. While the
Federal captains asserting their rights TO seize
Saces.ionsts on board neutral vessels Federal gen
erals are asserting their right to hold them prisoners
ON neu; -al territory. The Orizaba, steamer from
san r. .ncisco to Panama had Oh board three gentle
men who were "snspected Of Secessl0nst principles.
Gen. Sumner, commanding the United States land
forces in the Pacific arrested them the day before the
steamer reached Panama, and determined to carry
them across the Isthmus. The three gentlemen de-
man led the interference OF the Newtirenadan Gov
error to protect them in neutral territory, and the
Governor sent TO demand their release. his was
declined by Gen. Sumner pcfemptorily." Inc police
officer, with force OF 4O men, couid not, OF course,
Offer iesistanos to 800 United States troops, and
Gen. sumner WAS at liberty TO take his prisoners
with him" Tie Governor protested, but IN vain,
and the Minister Of New-frenade Will probably
be IA unsuccessful in his remonstrsnces al Washing
ton Here il wlil b. seen there was no question vi
aa enemys envoy, or Of perrons engaged IN the
military service Of the enemy. The prisoners
were mere suspects, who were thus carried by
main force through neutraPs territory III
spite OF an official demand for their Liberation. All
ina, now remains for us Is TO adjure Tie Government
aud people Of the Northern states to do us Justice IN
this matter. They Inust by this time know us aud
our unwillingness to draw the sword against them
or to take any part in tlcir unhappy quarrel In-
deed our patience and longsuiferi0g have not i'm.
probably led the series OF insults OF which the out
rage the Trent is the last and most offensive. We
have maintained the most rigd neutrality in their
DISPUTE; during the year which these troubles have
lasted the Americans cannot complain OF "A single un-
friendly act on our part and at this moment We are
permitting our industry TO suier in Difference TO a
blockade go ineffective that il is daily violated We
appeal then, TO the moderate ami enlightened Of the
Northern people. Let them be assured that the pre-
tensions wi ch their Government has made cannot
be made by any State which respects ts dignity
or even its own safety. let them be assured that
the forheance OF this copnry has not been dictated
as th,r ignorant politicians tell them, by any dread
of their power, and that, though we can disregard
much petulance, we will not cit down under an III
jury.
From The London Morning Post aOth-LOrd Palner.tOn'.
That we must demand an apology from the Ameri.
can Government, and the restoration of the passen-
gers seized on board the West Indian mail steamer,
Is so obvious, that the Court Circular need only in
form us, as it does that Cabinet Council was held
Yesterday to make lis certain Of the determination il
must have arrived al.
We have therefore no hesitation in asserting that
DISPATCHES tcW be at once J0rrdrded TO Lord Icons
iHstrucfiRg him TO clam the persons Of The gentle
men taken from URdeT the protection Of The English
fag, together UHh an adequate apology for The out
rage committed by the Captain Of the San Jae,nto.
II these demands are not 1t once complied ruth,
Iord Icons rW break Elf diplomatic relations ruth
the Cabinet Of Washington aud return to tbs
country.
taion which has been exhausted by the subtlety of
the press and which, for practical purposes has been
brought TO close by the unanimous opinion Of the
Law Officers of the Crown. That we bad suffered
great national ailront in the manner IN which
the act of Capt. Wilkes was perpetrated was patent
even before the pratica nature of the act had been
legally established and it would apart from its e-
gaiity, have been incompatible with the maintenance
of the friendly relations which before existed with
the Federal Government OF America. We are re-
uctanty constrained therefore, to see, in this mat
ter an act as unfrenly in spirit as it is piratcal in
law. We should but be too glad to think that there
is any prospect of such conduct meeting with dis
ayowal at the hands OF the Cabinet at Washington.
But every consideration leads us TO apprehend that
the captain OF the San Jacnto acted under the direct
authority Of his Government 1t seems quite impos-
sible to conceive that, in so highlydiscipned and
directly subordinated service as the navy of the
United States any officer would venture, of his own
motion 10 take a naIt involving sames of peace and