The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1861-11-22
THE slIDELL AND MASON AFFAIR.
The Law of Nations ON the Subject.
LETTER. or non. W. B. LAWRENCE.

The Law OF Nations ON the Subject.
LETTER or HON. W. B. LAWRENCE.
The following motto from the Hon. William Beach Law
renee the accomplished editor OF twhoatons law Of Ma
tons has been handed for publication by the person
TO whom il addressed. Considering the from
which it emanaiod viii be road with interest at the
present time:-
OcuaR POINT, Nov. Is, 1861.
NY DEAR SIR-When saw you yesterday supposed
that Messrs Sidel and Mason had been taken from br
fish steamer In British waters that 10 10 say, withh
marine league Of the shore of British island In such
case their seizure would have been Objectionable as
made on the land, and gross Vioa'ioh VI heusi"'
rights
Even at sea- no nation whether in peace or war, has
right to execute its municipal laws on board OF tne sns
OF another country and consequently no arrest could
there be made Of the Confederate commissioners for
high treason. An attempt by England to search our
ships, in order TO impress her seamen was the
principal cause of the war OF 1872 But though,
az we contend, there can be no visitation or
search peace. during the right exists, limited,
where the flag covers the goods to OF conraband
including the carrying OF dispatches and the transpora
ton of troops, and other acts aiding the enemy The
carrying of enemys dispatches, except perhaps Incl
dentay postal steamers, or from Ministers actually
accredited neutral country ground for
scating the vessel ITSELF Though the United States have
not In all respects ayowediy conceded begerent rights
to the Confederate States yet the blockade far at least
as regards Foreigners can BIO maintained only by the fact
of the existence OF civil The British and French
procamations Of neutrality fully recognise such
Our cruisers therefore, possess on the high the To-
climate right to search neutral merchant vessels for
traband &C., and to capture them for violation
Of neutrality Nor does the character by Messrs
sdell and Mason affect the case Even were the Confe-
derate States recognized by the Powers to
whom these Ministers were sent, the United
States would have perfect right to obstruct
their passage. In the opinion of Lord Stowel, though
the point was. not necessary TO the decision OF
the before him. there difference in principle in
carrying officers Of the enemy whether they be in tho civil
or military service. Moreover, II to carry veteran
general would subject neutral to confscaton, the nu
ry which might to the Of the United States
by the arrival in Europe of these Commissioners would
authorize in their the most extreme
sstent with the rules Of international law.
There is only view which, supposing that the Sci
cure made beyond the marine league, would to
justify complaint from England know not how the
waters, but begerent has no right, even against
another begerent make the neutral waters by watch
ing the enemy therein subservcn to the purpose OF
marks last evening" we'll to alay any apprehensons
Of difficulty with England growing out Of the pur
sued by Commodore Wilkes Yours. truly,
Hon. W. p SHEFrIELD N. c. w. b. LAWRENCE.
LETTER OF GEORGE SUMNER.
Boston, Nov. IS, 1861
Ny DEAR SIR hasten TO reply your letter drawing
my attention to the arrest by Commodore Wilkes, on
board the British steamer Trent of Messrs. Mason and
Slidell, who proceeding to Europe with the title Of
ambassadors OF the rebel States and asking my opinion
Of the legality of that act and its probable consequences
The act Of Commodore Wilkes in strict
with the principles Of international law recognized
England and strict conformity with English practice
For tho last statement shall further on point out to
you an case emit ,0r .ns ars enr you TO
mentary writers on the law OF nations Carrying ambas
sailors dispatches or military persons for one begeent,
exposes the neutral vessel performing this the
penalties when carrying articles contraband Of
war The persons seized on board the front simply
''contrabands" The right in time of Of every
tonal begersnt ship to search for contraband ali YES
sells except armed national ships Of another power has
been denied by authority on either side Of the
Atlantic Those who have theoretically protested against
the Of this power in time Of peace have admitted tho
full existence Of tho right in time Of
The question to be solved Ia, II seems to me- simply
this: Are the rebels beligerents2 Are at war 70
And therefore entitled under the law Of nations avail
ourselves Of the belligsrent right OF search
This question, far as England Is concerned il an
swered by tho Queens proclamation which issued after
full debate in Parliament recognises this rebellion
and recognises both In those who engaged TO-
mentng and IN reprcssng it, the character and rights Of
belgerents. This proclamation though received with
certain petuance ~ some quarters was IN strict accord
best authorities on international law PROFOUND for the
conduct Of neurals and in strict accordance also with
our practice that h developed by Chief Justice Mar
shall IN the case OF the Santssima Trinidad q Whea
ton, 2S3.)
subjects against conveying ocers soldiers dispatches
arms, &C. &c. for the service Of either Of the
tending parties that" they will do 80 at their
peril and Of their wrong and threatens them with
penal consequences under municipal law and the law Of
nations
According to the law Of nations the Trent was douby
l. For carrying enemies dispatches
For the act Of the purssr in refusing to exhibit the
ships papers to the boarding officer.
And she again, by English practice, liable to CAP
ture for carrying hostile ambassador.
attention which presents many points analogy
with that Under consideration, and which is in itself in
tereSting.
During the war Of the Revolution Henry Laurens
former President Of Congress, sent Minister to
Holland with instructions to secure the recognition of
our independence to conclude treaty and to negotiate
loan in that country. He remained long time Charles
ton seeking means to reach his destination and finally
in February, $780, board the Adrana fast sail
ing brigantne the master Of which engaged spite OF
the British fleet, TO carry him to Martinique IL
until August that he took passage for Holland in Dutch
rIatt ,nh Tn Late
board the British frigate yesta I4th September, 1880
and which may be found in Sparks Diplomatic Cor
h O tine % lion VOL ? r a
out-the seizure Of his papershs arrival board the
vestal at st. Johns, Northumberland the order Of the
Admiral commanding TO send him. his Secretary, and the
captain OF the packet prisoners TO England Holland
was then neutral power
Arrived in England the question in the British
ministry whether Iaurens should treated prisoner
Of war traitor, and the result that he
mtted to the Tower the charge Of high treason under
warrant signed the three Secretaries Of State Lords
Stormont, Hlsborough and G. Germaine.
This shows the practice Of England in regard TO
begerent ambassadors and the neutral packets which
After the surrender of Yorktown Laurens was put on
the footing Of prisoner Of and exchanged for Lieu
tenant General Lord CORVALLIS
Although the practice Of the English Prize Courts would
have fully justified Com Wilkes in capturing, and
own Prize Courts in condemning the Trent yet is
hoped the forbearance Of that gallant officer viii be ap
proved by our government in consideration of the many
innocent passengers on board the steamer who could
without great inconvenience have from their
destination Such forbearance merits the grateful ac-
Acknowledgement Of the British government.
have said that by the law of nations the Trent was
liable TO capture for two The second of those
named admitted by all the authorties the accu
rate and thorough OF modern writer's international law
Hautcfeue. admits the first ground Of capture with
certain limitations In his great work Des Droits DIES
Tevoirs des Neutres, H. p 462 he says-sTwo publ
ciss whom have quoted, Wheaton and Orolan adopting
the opinion OF the English judges look upon the transport
OF dispatches by neutral quite grave the
transport OF troops, and leading to the conscaon
the neutral vessel. cannot except this opinion in its
fu extent" The exception which he makes il in favor
OF mail packet charged with regular postal service
between neutral ports.
Hautefeuie does not ask that the mail packet shall
exempt from seizure If it carry ambassadors contra
band OF for Of the begerens-nor does he deny
its Jenre subsection TO the right Of scarch-bnt he
considers that being by the nature Of its service
10 take all letters offered, tho packet has committed
act Of war; drawing after II conscaon il in the vast
number Of letters carries there should some war
dispatches And he adds, If the principle the English
Admiralty Courts should be admitted, thc most power
full begeren would have the monopoly OF the mari
time correspondence OF the whole world"
Hauiefeulle is safe authority for to follow His
reasoning here cogen andi suggestive and furnishes
another ground OF justification Of Com Wilkes for allow
ing the Trent TO pass on her way.
lyon ask how the act OF Com. Wilkes will be viewed
England. Englishmen will believe, remember that one
the earliest deeds this rebellion