Columbia Democrat and Bloomsburg general advertiser. [volume] (Bloomsburg, Pa.) 1850-1866, 1861-12-21
slidell and Mason's Arrest.


the legality of the recent arrest of the
Rebel Commissoners-Mason and Shdell,
by Capt. WILKES, of the "San Jacinto."
The opinion was elected in answer to
letter of Hon. FERNANDO Woop, Mayor
of New York, which with the reply, we
regret our inability to print at longth-as
il is clear vindication of the action of
our Government, and is justified in the
opinion of Mr.. Gushing ,)-by the princi
pcls and doctrines of international juris-
prudence. Mr.. Cushing was Brcckcn,
ridge Democrat, and President of the
Charleston and Baltimore Conventions,
which fact may not enhance his patriot
ism in the estimation Of "Rtpublican
Union- Savers" but the additional fact,
that he was the legal head of late Demo-
cratic United States Government, will give
his opinions increased weight with all
American Patriots -
NEwBURYpoRT, 9th Dec, 1861.
My Dear Sir Il duly received your
favor of the Goth ult., requesting express
sion of my views of the legal relations Of
the act of Captain Wilkes, of the San ia.
cinto, in arresting Messrs. Mason and Sill
dell on board the British mail packet
"Trent;" and would have replied at an
earlier day but for the, Intervention of
other imperative occupations.
In short, while the duties of neutrality,
in this war, have been voluntarily assumed
by Great Britain, the rights of war, as
regards her, have been claimed and asser-
ted by the United States.
Without pausing to enter into the real
or possible qualifications of the beligerent
right in this respect, and while admitting
that such qualifications may exist, it suffi :
ces for me to say that, in my opinion none
of those qualifications attach to the case of
ambassadors Of insurgent States, not yet
recognized by their own to any foreign
government. 1t is not worth while 10 ell
large discussion beyond the limits of the oc
casion and its exigencics.
So, qualifications of the right to seize
for the transportation of dispatches exist.
But the general right does not the less cx-
ist as in the case of munitions of war, of
military pers ons, and of ambassadors.
1t may be said, it has been, that to
maintain the rightfulncss of the act of
Capt. Wilkes, is to set precedent of pos
sible Inconvenience to ourselves hereafter
That is to say, it would constr ain us to
acquiesce in the arrest of an enemy am
bassadors on board Of vessel of our own
navy, Of our own ambassador, by Il cruiser
Of the insurgent Government Be it SO.
As to the insurgcnt States, we are compe-
tent to protect ourselves. As to other
Governments, the United States have
reached stage in our history, in which
VIC are to think and speak of duties as well
as rights, moro than we have hitherto
done.
Born Of Revolution, We have been &C.
cu,tomed TO act as if rebellion had all
rights and Gpaernments none, and to wei
eome and applaud rebellion in other coun-
tries because it was rebellion, without stop
ping to inquire into the rightfulnoss as be
tween the insurgents and the rest Of the
nation represented by its government
Hereafter, in meditationS of our own mis-.
fortunes, haply We learn to be charitable
towards other Governments.
So, cultivating neutrality through many
years Of the wars Of other nations, we have
fallen into the habit of exaggerating neu-
trail rights and Understanding neutral
Obligations Hereafter VIC shall have
lear ned from the cxigencies of our expert
ence that belligcrency has its domain o.
rights as well as neutrality.
Finally, in the enjoyment Of so much
liberty here in our geographical isolation
in America, we have become, as it were
liberty-mad. We now see, or shall see
that liberty is not the only nor even the
greatest Of the blessings OF nations and o.
men, but, on the contrary that
"Too much liberty is dashed with woe !"
and that Order is the frat and highest Law
of atons and Of men, as il is of Heaven.
My voice is that of political proscrip
for opinions sake. 1t may avail nothing
at this hour. But, if might presume, n
this time, to address my couutrymen,
would eXhort them to cease from cayilins
I WIN iOiCiSu So'Si hihSnlo ia W ehO huii'
to be given to this portentous thing, whicl
rises terribly before u.s. the awful fact oi
this great struggle in the heart Of the Uni
ted States, on the one hand to disrupt
and on the other hand to uphold, the in
tegrity of the Union IL would cntrea
them to ascend to the magisty of the occa.
sion in the legal and political relations o
the times, as they have nobly manifested
their purposes to do in the military ones
| would imploro them to consider tha
civil war is not the less WAR, with its
rights and its duties, on both sides, witt
its calamities, but, nevertheless, its tri
umphs, its grand eur, its gallantry, and it
glory 81 would pray them to Danish from
their thoughts all impracticable schemes
of the revolutionary social change, undel
the misapplicd name of the Union, and t,
look only to the sanctity of Che Constitution
l would admonish them that in such cri