The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1861-11-19
OPINION OF THE LAW OFFICERS OF THE
GOVERNMENT ON THE SUBJECT OF THE
ARREST,

WASHINGTON, Nov. is, 1851
Notwithstanding the feverishress exhibited in dplo-
matte circles here in reference Of the rebel
commissioners, Messrs Mason and Slidc on board OF
neutral vessel there is uneasiness upon the subject
among the ocers Of the government They informed
~ tner legal advisers that careful examination Of tho
opinions and decisions OF tbs most distinguished writer's
upon International law and thor application tho facts
IN this case, as well as 70 all the prccedents IN
modern history, not only completely justify the
proceeding Of Captain Wilkes In all that he
a'a' out even furnish authority for the seizure
ano cohnscaton OF the neutral vessel upon which the
IeDe Ambassadors and their dispatches discovered
Inc authorities cited voluminous Among them
particularly noted Wheaton's "Elements Of Inter-
national Law, edition of 1901 pages $685. &c., $751; 5SS
ana o7o; Chitty's claw Of Nations" page 14T vatel,
DOCK 8, chapter 4, section 104 Phimores "Commenta
RES on International Law" pages s6s, 1863 and $40;
kent's Commentaries" volume l, page 1854.
In addition to the other authorities one OF the legal
ADVISERS OF the cites TO your pondent
Today, Kents Commentaries" edition OF 1892 chap
2, page 1862, as follows
There other acts Of Illegal assistance Afforded To
begerent besides supplying him with contraband goods
ana relieving his distress under blockade Among
these acts the conveyance Of hostile dispatches the
most Injurious aud deemed TO be Of the hostile and
hoxfous character Tho carrying OF two three car
goes OF stores is necessarily assistance of
Dut IN tlle TRANSMISSION dispatches
may De conveyed the entire plan of campaign and it
may lead TO defeat Of all the projects Of the other be
gerent IN that theatre of The appropriate remedy
LOT tnls onence is the conascaton of the ship
From these authorities it is clearly shown that the
transportation OF dispatches bearers Of dispatches or
military officers for beigerent, is of the same nature
as the carrying Of goods contraband war; the vessel
so engaged in the service Of begeent is subject Of
lawful prize and confscation by other that it Is ncoa
testiby the right Of belgerent an ambassador
OF the enemy, if found the high seas on board Of
neutral vessel on his passage aud before his arrival in
neutral country and his assumption of the functions Of
his Office near tho government to which he ia accredited
that the fact OF sailing from neutral port does not
change or in any way abatc this right and that il
is unquestionaby lawful and essential the exercise
Of this right, for the legally commissioned vessels Of
war Of the bellgerent to visit and search mer
chant ships on the high seas, whatever be tho
ships, their cargoes destinations, for tho purpose
of discovering contraband of and sezng cnemys
property dispatches or ambassadors.
It is considered plain, therefore, by the judicial adj
vsers of the government that if to carry despatch be
cause of confscaton ortior carry the person and
papers Of ambassador, who is mandatory Of des
patches presents even stronger CASE and the neutral
ship becomes lawful prize by carrying the dispatches or
the bearer Of dispatches of belHgerent any s. nya
sion than absolute seizure and conscation fully justified