The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1861-11-18
SIMILAR CASES OF SEIZURE.

starting on distant voyage, overhauled by the
British ship Leopard the ground that deserters from
the British service were board The American captain
refused to give them up, when the Leopard at once
poured broadside into tho Chesapeake KILLING
several persons board. Thcy then renewed their
demand, and the men had to bc given up to
| prevent further loss OF life. Chis incident
the primary OF the death OF Dccatur) Jefferson
in proclamation Immediately all British vessels
of to quit the waters of the United States The Eng
sh government dsavowcd the Of captain of the
Leopard and promised rerara,on but nothing satisfac
tory was done for some time but ultimately full allow
| ance was mado to the sufferers.
ARDUTnNoT AND ARBRsrER.
In 1917 the with the Indians Florida at its
height and in March Of that year General jackson took
the field II became obvious to him that the Indians had
been nsgaed by thespanards Of Florida and, with two
British subjects named Arbuthnot Arbrster had sup
| piled them with arms and ammunition The former he
punished by seizing their forts at ST. Marks
coa and sending tho officers in command Havana. Tho
after were tried by court martial found guilty and
cuted. The course Of General jackson in invading the
territory of nation with which the United States
| at peace was condemned by some, and at first the
Cabinet disposed to pronounce it arbitrary and
unauthorized. The Secretary Of State, however, con
vnced them that Jackson had done than
sary TO carry out the orders OF the government AM
Congress absolved the hero of New Orleans from
all blame The British government hearing Of the
summary execution Of two OF their subjects at first
loud in their demands for satisfaction but Mr. Adams
convinced them aso Of the proprey what
had been DONE
STEAMER CAROLINE.
In the Patriot war Of 1885, when Canada was in full re-
belon against the mother country the Caroline sus
pected being in the employ OF the rebels During
night, when all on board the Caroline asleep,
while the vessel was lying moored against an American
dock, body Of armed left the Canadian shore
lacked those board this vessel killing one, least
then cut the rope hawscr that bound the vessel to tho
pier hauled her the OF the stream fire u
her and sent her the falls The vessel under tho
United States aag: America at peace with Great
Britain yet thus did the British violate neutral territory
and neutral flag and destroy the vessel Of neutral
nation in the ws'ers Of that nation. Mr. Mcleod was
about TO be tried for the murder Of the who was
killed upon tho Ship when the British government
ered and took the responsibility upon themselves Here
| Is case in points-
THE CASE OF LUCIEN BONAPARTE.
| similar proceeding on the part OF an English vessel
ofwar will probably be within tho recollection of
Of readers. We refer to the boarding Of tho ship
Hercules, of salam, Mass, Captain Edward West in
Sandman port fifty years ago, and forciby taking
from board Luccn Bonaparte, then his way the
United States Tho Hercules put port Of
the sickness OF Licen Bonaparte and at his urgent
quest. An English man of war in port got wind Of
the passenger board, and sont boatswaip with
crew who took Iucen away by force carried him
board the marof-war and he taken prisoner
| England.
THE CASE OF t. D. MMANUs.
We have another precedent in tho action of the British
government in aprecscly similar case, IN the irish
beion of 1S4S, when the person of Terence Beew Nc
Manus forcihly taken from an American ship the
brig N. d. Chase Of Boston under protest Of the officers,
the harbor of Cork where he had taken shelter under
the Stars and Stripes time, after she had
the port and virtually her voyage, having been
lying or the harbor for six days waiting for favorable
wind.
| OTHER CASES.
There the of the Issex, and several other
vessels show the stretch OF power which the Engh
have used times when they deemed necessary to
dare tho result TO obtain particular ends, and they ar
gued, in this should doubtless be entitled to
say, .'thc end justides tho means"
i THE LEGALITY OF THE ACT.
! IS THE CAPTURE OF sLIDELL AND MASON JUsTIFrABLE
UNDER THE LAW OF NATIONS y-AUTHoRITIES AND
REASONS IN SUPPORT OF IT FROM CHITTY, rnILLI
| MORE, KENT vATTEL, WHEATON AND OTHERS, AND
FROM THE PROCLANATIONS OF THE QUEENS OF
i ENGLAND AND SPAIN.
At the first blush of the news Of the capture by Com
modore Wilkes OF the rebel Commissioners Mason and
Slidell and their respective secretaries, Mcfarland
Euss. board tho British Trent in the Bahia
channel considerable degree of apprehension to.k
hold the public mind lest that unjusti
fable hostility against the British flag our gov
ernment acuated by the desire OF maintaining frank
friendly relations with Great Britain, would feel unaer
the necessity of making reparation, which might involve
the sending Of the rebels 10 England by national vessel
Such apprehension, however we believe to be Ill founded
and feel convinced that briof reference the
thorcs bearing the subject will disspate any dread
that the act might be construed by England cause
Of
Now what do the pubicsts say op the subject?
Chitty, standard English law writer, says In his
claw of Nations, }" page 147%-
On the same principle which contrabands q war and
mfr actions Of blockade have been nterdcted the
merce Of neutrasI mean the principle that neutral
has right TO relieve belligerent--it has been held
that other ats Of illegal assistance afforded to enemy
expose TO conIScaton the property Of the neutral
nature than conveyance II hostile depaches Tae mis-
cieuois coasequnce SUCH service is usdnic, Infinite
y beyond e egoa any oontratand ha can be conveyed
The carrying If ftco on three odr9ocs Of stores necessarily
assistance Of knsited nature but in the Transmission
Of dispatches may te onueysd ae entire plan of cam
rent IN that quarter cf the ,corld.
Now does not this case clearly within the doc.
trine here laid DOWN These emssaries arrested on
board the Trent only bearers Of hostile dos
patches but were even deeply seriously impli-
Gated acts of hostility against the Of tho
United States the mischievous consequences Il sim
pie dispatches are infnite--as Mr. Chty remarks-how
much infinitely injurious may be emissaries who
abroad to plot with others who have gone before
them and to mplcate, possible neutral powers in the
hostilties exstlngf The instructions with which they
were clothed might in the words of the same author
"defeat all the projects Of the other begorcn in that
quarter of the world"
| Mr.. Chty continues
The strict rule Of the law Of nations originally was that
in casesof conraband the ship should be cOnnscatoi
| well as the cargo