New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1861-12-19

" .aiiy .nis question NJ present beyond Its imrns
Federat GoUernment for tie immediate restitu.
ton Of Messrs. Shdeh and Mason, ruth ann
sat'Jactioa for the gross egront rkich has Tsr
offered to our tag. Whether it is in the tempe,
or the policy OF that Government TO concede wbs.
must no doubt humble them equally in the eyes Of
both North aud South, and whether the violence
Of pubhc feeling among their own subjects, both
against the South and against this country. is
thing they are not as much afraid Of as the hosilties
that must spring from their REFUSAL matters on
which speculation must be uncertain. We can well
! imagine with what triumph this insult to our aag
will De received by a large party in the Northern
/ States aud the arrest of the Confederate Comma
sOners be welcomed by all the supporters of IA,
! Union, The British Government, however bas :.
plain duty to discharge, aud TO that duty it has
addressed itself with firm and mar " spirit No
doubt the Commissioners Of the Confederate States
to France and England, who were also the ex-min.
listers of the late President, are regaried az a
great prize; aud it is poeeible that the Lincoln Gov
eminent looks upon their oiienses IN different light
from those of the officers in the Confederate army
whom il has taken prisoners, and TO whom it has
extended the rights OF war. We trust, ABOVE all
things that the Federal Government will not have
committed themselves to course so derorabe as
one which would place it ont of their power to sat;
sfy our demands for the restoration OF these gentle
men safe and sound. But, apart from this contiu
gency, the demand which Lord Lyons will make 70
the Washington Cabinet will be plain and brief, and
they will hold the issue in their own hands.
From The London star, Nog. 90
If the Atlantic Submarine cable had not dsap-
pointed our hopes might Just now hear the bes'-
ings of storm in the West answering the tempes'
here at home. Ii is more than probable that the
Americans are quite rs much excited about the NASH
vile as any of Us about the San Jacnto. Their bct
bloods would naturally be inamed by the story Of
Confederate vessel coming into our narbors with
Federalirt crew in irons between Ler decks and in
her cabin the nautical spoils Of Federal-t vessel
ii. II - k,rp N "a wDul1 wall xpifh
Indignation on every incident OF the story, and rail
against the country that permitted the author Of such
barbar1ty 70 find friendly shelter III its harbors,
not TO take on board that might enable her to
reeume her career OF destruction. Is TINS, 1t would
he asked the boasted friendess or rigd neutrality
of Great Britain, that the perpetrators Of
orosg and wantOn outrage should be as welcome.
/ TO her ports the most Pesceinl vessel On
the seas In all such exclauations there would be
much more of naluralness than OF reason. We are
in 10 degree responsible for the loss OF the Harvey
Birch and are not at liberty 10 deal with the NASH
Vile except according 10 the letter OF orr proclama
ton. Oar Government appesrs To nave decided th
thew cannot touch her unless she attempt TO emba K
arms or warlike stores. When tue people Of the
United States understand this, the excitement wbi.n
thew 10 doubt are row exhbi ing will be alisyed.
But il there not tue same temporary insenslGlnyt To
reasou on this side the ocean Are we NOT 70
naturally, but causeessly, angered as they Can
any man. looking calmly az the facts OF the care, ana
thot ,be Harvey Birch and the Trent are much
in ,be anne pliyht-have suffered, the one destrue-
ton and the other indgnity, under the same rude
Iow-that belligerents and neutrals Americans and
English, have comnon ihtSfest III ths revision Of
mat law but no right of retaliation or even recrim-
;nation 30 long il is acknowledged be in force
| Onr Crown lawyers have declared, /, seems, thlt
tho proceedings OF the San Jaeino were illegal bv
reason Of their ncompieteness and The Cabinet ha'
10 consider the form and amount OF repsration he
2 did Inc iudQmeuL puH
but il is hardly borne out by common sense. As
surely as the whole is greater tnan a part, the
abstraction of portion Of the contents OF ship can
not be wrong if the entire ship were liable tocaptue
The admitted right Of visitation and arrest is reduced
10 an asurdity if particular persons or articles
do not constitute the ustiiiable cause Of such pro-
cess With no composure OF couutenance can II be
commended that the Trent had violated the rules Of
neutrality and ye' had nothing contraband on board
Her liability to seizure could only consist In the acs
of her carving the Commissioners and their dis
natcbee-aDd that the latter were not seized
cannot be made to prove that the former WEE
illegally arrested. AS little will common sci
sustain the objection that the commander OF a ship
functions of an Admiralty judge. We do not bla e
our own officers, Molr and Williams, for protesting
against the action OF the San Jaeinto-though they
would have been open TO serious blame Mad they
protested unto blood. Neither can we blame the
American officers for acting on their understanding
of maritime law. 1t is far more probable, however,
that they had received precise instructions from
Government well provided with lawyers as cor
own. Virtually, therefore, the Trent was arrested
by an American tribunal on the authority oil prece,
dents and opinions which would have equally awaited
for her condemnation ia baIbor-snd she has simply
been spared the loss Inconvenience, and ndienlty,
of being towed as prize INTO chesapeake bay
Once within American waters moreover, the Con
federae Commissioners would have been as securely
within the grasp of the Federal authorities as II they
Ia an
must in any case have been the same, and no reason
able Eugshman will regard as an oifense an irrsg-
nsritv which could have no motive but respect ior
onr FLAG and desire TO avoid the appearance u
! triumph. ..o
arnear under the exposition Of counsel for the oil
sIds or of more disinterested interpreters OF M
time law. Not only may the American lawyers .
well able 10 put good face upon their aspect Oh
question: there are also European doctors, rrei
and German whose opinions have not yet
heard. Every country has its college OF lear.eS
men, skilled in the craft and mystery OF unwrNtsn
law-minsters of the uncertain oracles, VINO speak,
not through statutes, but events and comment upon
those events. From among those many grave and
impartial men there may come dicta unwelcome 70
either party, unless both be DESTROYS OF peaceful
solution 10 this sudden difficulty. And to that strong
sense of mutual interest," which Is common charsc'
teristic of these two nations, we look for that son
tlon Reasonable men Oh both sides VIII see thas
no deliberate insult has been offered, because the
i American Government would be mad to add 10 ne
troubles by European wsrand that no substantial
wrong has been committed, because these Confet-
crate Commissioners were TO all serious intents bel
ligerents sailing under a neutral flag As these Two
facts arc more clearly through the disappearing
msts of angry feeling the American people VIII eesss
10 look OH the San Jacnto as an avepger OF the
Harvey Birch, aud the English people TO think o.
apology or PREPARATION. 1t is only while passion
strong upon US, even Tory scrbes can venture urea
such noisy nonsense as comparison between tns
Confederate Commissioners and the IugitlVes way