The sun. [volume] (New York [N.Y.]) 1833-1916, 1861-12-11

Report Of Commodore Wilkes 10 the Srcre-
inry OF the Nayy.-WhJ he did not seize
the steamer Trent, NJ he did the Rebel
Commissioners.
Tho following is tho interesting report OF
Capt. Wilkes, assigning his reasons for the at.
rest OF Mtssrs. Mason and Slidoll
L. $. STEAMER SAN JACrSTol
At Sea, Nor. lG.
SIR. In my dispatch by Commander 1ay.
lor | confined myself to the reports Of the
movements ct this ship and Tho facts connected
with the capture of Mason, Slidell, Eustis, and
Mcfarland, as intended TO write YOU paTticu-
laTly relative to the reasons which induced my
action in making these prisoners.
When heard at CicniuegOa, on the south
| side Of Cuba, Of these commissioners having
landed Oh the Island of Cuba, and that they
| were at Havana, and would depart in the Eng
lish steamer of the 7th Of November, | deter
mined to intercept them, and carefully examine
| oil all the authorities on international law to
which had access, viz. Kent Wheaton, Vat.
trll, besides various decisions Of Sir VIM. Scott,
md other judges of the Admiralty Court of
Great Britain, which bore upon the rights of
ncutrals and their responsibilities. | therefore
felt no hesitation in boarding and searching all
vessels OF whatever nation | fell in with, and
have done 80.
Tho question arose in my mini whether had
the right 10 capture the persons Of these COM
mi -iOncis-whether Mey wore amenable TO
capture vessels with wriHea dispatches they
ar expressly referred 10 in all authorities, sui-
jeCting the vessel to seizure and condemnation
/ tho captain Of the vessel had the knowledge
OF their being on bold. But those gentlemen
were not dispatches in the literal sense, and did
not ,eem to Como under that esiguatiOn, and
noghere could find case in point.
That they were commissioners | had ample
proof from their own avOwal, and bent on mis-
,h.eyous and tratOrOus errlnds against our
e untry. They had been presented to the Cap
tain General of Cuba by II. B NJ. Consul Gem
eral, but the Captain General told me no had
uot received them in that capacity, but as dis
tinguished gentlemen and strangers.
| then considered them as tho embodiment OF
dispatches, and as they had openly declared
themselves a. charged with all authority from
the Confederate Government to form treaties
and alliances, il become my duty to arrest their
progress and capture them, if they had no pass
ports or papers from tho Federal Government
as pre-, ,ided for under the law OF nations, viz.
"1hat foreign ministers Of a b,lligeront on
blaId ofn,u.ral ships are required to possess pa
pers from the other bellIserent to permit them
to pass free.
As respects the steamer in which they em-
baIkcd, | asccrtained in tho Havana that
she was merchant vessel plying between
Vera Cruz, tho Havana and ST. Thomas,
carrying the mail 10y contract. Tho agent
Of the vessel, the son OF the British
NOnAul AT liANulA, NAs well aware VI hllc NLhl-
acter Of these persons, that they engaged their
passage and did embark in the vessel; his father
had visited them, and introduced them as minis
ters Of the Confederate States, on their way to
England and France.
They went in the steamer with the knowledge
and consent of tho captain, who endeayOred
afterwards to conceal them by refusing to eNh-
bit the passenger list and the papers Of the ves-
eel. There can be no doubt ho knew they were
carrying highly important dispatches, and were
endowed with instructions inimical TO the
United States. This rendered his vessel "a neu.
trail good prize aud | determined TO take
pos. ession of her, and, as | mentioned in my
report send her to Key West for adjudication,
where | am well satisfied she would
have been CO ndemned for carrying these per-
sons, and fer resisting 10 be searched the car
20 was also liable, as all the shippers were
knowing to the embarkation Of these Iive dis
patches, and their traitorous motives and ac-
lions to the Union of ths United States.
.Torbore 10 seize her, hoiOever, iR Consequence
Of ny being N reduced N Of'oers and ers1, and