The daily Green Mountain freeman. [volume] (Montpelier, Vt.) 1861-1865, 1861-12-31
The Core sponderce between seward and
Lyons.

Lyons.
The entire correspondence be tween Secretary
Seward and Lord Lyons relative to the Trent
affair, is published in full in The city papers,
but we are unable to give anything more, in ad-
dition to the summary which We have already
published, except some extracts from the admir-
able letter of Secretary Seward to Lord Lyons
Aftor stating the substance of Earl Russell, S
letter which was only ~2cital Of the British
version OF the facts,-and suggesting s.veral err
rors in these reported facts no. materially affect
ing the main question, blu, only bearing upon
the 'piit and temper, and good manners of
Capt Wilkes, Secretary Seward says
have now to remind your Lordship of some
facts which doubtless were omitted by Earl Rus
sell with the very proper and becoming motive
of allowing them to be brought into the case,
on the part Of tn, United States, in the way
most satisfactory to this government
These facts are that, at the time Of the trans
action, an instruction was existing in the Uni
ted States, which this government was engaged
naval forces that in regard to this domestic
tain as friendly power, while she has assumed
for herself the attitude Of neutral and that
Spain was considered in the Same light, and had
assumed the same attitude us Great Britain
1t had been settled by correspondence that
the United Sta'cs and Great Britain mutually
recognized as applicable to this local strife,
these two articles of the declaration made by
the Congress of Paris in 1856, namely That
the neutral or friendly flag should cover the en-
envy goods, not contraband Of war, and that
neutral goods, not contraband OF war, are not
liable to capture under an enemy S flag.
These exceptions Of contraDand from favor
were negative acceptance by The parties Of the
rule hitherto everywhere recognized as a part of
the law OF nations that whatever is contraband
is liable to capture and coniiscaton in all cases
James al. Mason and - Mcfarland are
citizens of the United States and RESIDENTS of
Virginia.
John Siidell and George Eustis are citizens of
the United States and residents OF Louisiana.
1t was well known at Havana when these par
ties embarked on the Trent, that james Nj. Ma
son was proceeding to Engl land in the affected
character of Minister Plcnpotcntiary to the
Court of St. James, under pretended commits
sion from Jefferson Davis, who had assumed to
be President of the insurrcctionary party in the
United States, and Mcfarland was going with
him in a like unreal character of Secretary of
Legation to the pretended mission.
John Slidell in similar circumstances, was
going to Paris as pretended Minister to the
Emperor of the French, and George Eusts was
the chosen Secretary Of Legation Tor that siinu-
lated mission.
| The fact that these persons had assumed such
characters has been since nvowed by the same
jefferson Davis in pretended message to an
unlawful and insurrcctionary Congress 1t was,
as we think, rightly presumed that these Minis
tiers bore pretended credentials and instructions
and such papers are, in the 'aw, known as dis.
patches
| We are informed by ouE Consul at Paris thai
these dispatches, having escaped the search Of
the Trent, were actually conveyed and delivered
to the emssaries Of the instruction in England
Although it is not essential yet it is proT
to state, as do also upon Information and b.
lief, that the owner and agent and all the Off
GERS of the Trent, including the Commander,
Williams had knowledge of the assumed char
actors and purposes Of the persons before named
when they embarked on that vessel
Your Lordship will now perceive that the
case before us, instead o. presenting merely
fragrant act of volel CO on the par, Of Captain
Wilkes, as might well be inferred from the in
complete statement OF ii that went up to the
British Government, was undertaken as a sim
pie, legal customary and belligcrent proceeding
by Captain Wilkes, to arrest and capture ncu.
trail vessel engaged in carrying contraband OF
war for the use and benefit of the insurgents
The question before US is, whether this pro-
| cceding was authorized by and conducted &C
cording to the law of nations.
1t involves the following inquiries:
l. Were the persons named and their sup.
posed dispatches contraland of war!
2 Might Captain Wilkes lawfully stop and
search the Trent for those contiaband persons
and dispatches?
3. Did he exercise that right in lawful and
proper manner?
4. Having found the conlratani persons on
board and in presumed possession of the contra.
band dispache had he right to capture the
persons?
5. Did he exercise that right of capture in
the manner allowed and recognized by the law
of nations!
If all these inquiries shall be resolved upon
in the Affirmative, the British government will
have no claim for PREPARATION.
After briefly discussing the first four of these
propositions the Secretary answers each question
in the affirmative, and then proceeds as follows
Only the fifth question remains namely: Did
Capt. Wilkes sxei else the right of capturing
the contraband in conformity with the law o.
nations?
1t is just here that the difficulties of the ease
begin What is the manner which the law O.
nations nrescr hes for disncSny of tba con 10 M,