The New York herald., 1861-12-30


going upon this matter Mr. slds stepped forward
and said 70 the American ofhoer that ths four per-
sons he had named were standing before him. The
protested against the act Of taking those four pas
der protection Of the British dag But tho san jacnso
was at this tme only two hundred yards datant her
ships company as quarters her p0rs open and tompons
out and SO resistance was out Of the question Tho four
persons before named then forciby taken out Of the
ship A further demand was mado that the commander
Of tho Trent should proceed board the Sau Jacnto but
he said he would not 60 unless forcbly compelled like
statement Earl Russell remarks that II thus appears that
certain individuals have been forcbly taken on
board British vessel the ship OF neutral
Power, while that vessel was pursuing . law
fu and innocent yoyago-an act Of violence
which was an sont 70 the British dag and violation Of
Ear Russell next says that her Mscstys government
bearing IN mind the friendly relations which have long
subsised between Great Britain and the United States
are willing TO believe that the naval 0cer who commit
ted this aggression not acting In compliance with any
authority from his government that IL he conceived
himself TO bo so authorized he greatly the
Instructions which he had received
Earl Russell argues tnas tho United States must
be fuay aware that the British governments could
not allow such An afirone TO the nationkl honor 70
pass without full rspsrasion, and they are willing
to believe that IL could MOI 30 the s,iSsssts id.
sary force Into discussion between the two gover
mants question oe % grave character Ard with re-.
gard 70 which the whole British ration woad Ss surs %
entertain such uuanlmity " feeling
Earl Russs resting upon the statement and the a~gu
msnt which have thus rvsltsd closes With saying tas
shan have Ssee a. , q ~
government of tbs United 6tates wi of it's
cord oder oths Brsh government such redresss sons
could satsfy the British nation, namc'y:1hO 6bsrA
tion Of tho four prisoners taken from the Trent
and their delivery 10 your lordshp, in order that
abs a. wa Ss
mitted. Earl Russell finally nstructs you to propose
those terms 70 II should not arst oner thcu on Che
This despatch has been submitted To tho President
The British government has rightly coDjecurcd, what
oeivus and % ssccSting Tho projecting IN question
acted upon bis own suggestions of duty, with
out any direction or instruction. or even fore.
msn No direcsons had been given to hi him sSso Sr sy
other naval officer TO arrest tho four persona named or
any Of them on the Treat or on any other British ves
sc or on any other neutral vessel at Che place where
occurred or elsewhere.
The British government viii Justly infer from these
facts that tho United States not only Lave md pur.
posc but even no thought Of forcing into ds2cs,ou the
question which has arisen, or any other WHICH could
affect any way the scusbil:ties OF tn British nation
It is true that round shot rod by Tho SAN Jscin.
to from her pivot gun when the Trent was disaatly
approaching But, as the facts have bcea reported
tionaiiy hfed IN difectioa so obviously divergent
from the course Of The Trent 10 ba quito taress AZ
blank shot, while u should be rega-dei as signal.
50. aso, we learn that the Trent approaching
the San Jaciho slowly when the she fired across
her bows; but, on ihe contrary, tho cni was,
ed 10 be moving under tull head OF steam IL with
pnrpose TO PASS the san Jacinto.
We are Informed also that tho boarding officer Lieu.
tenant isrfax) did not board ,hs Tlfnt with a
large armed guard. but he loft hs ri ilir.s in the
boat when he entered the Trent. ito stated his
instructions from Captain WIKI 10 search for The
though decided manner, and he usked tho captaia
OF the Trcnt to sh)w his passenger list whc, was re-
fused Tbs Lieutenant ~ informed, dil not cmpo
poy absolute Ia transferring tho passea but ho
just 50 much as was necessary II satisfy the parties con
cerned that refas1i or resistance would 10 ,ing
So, also, informed that the captain OF The Trent
was not NJ time, relIirei tn 90 on
board the Son Jacuto.
These mediaca,ions Of tho case AZ presented by Com
msnder Williams are based upon oljcsI reports
have now 20 remind your lord ship OF facts which
doubtless we're omitted by Earl Rrssc with tho very
proper and becoming motive OF allowing ttsnr to be
brought into the case on The part OF the uued States
In the way most satisfactory 10 this govarnea These
facts are that AZ the time Che transaction occurred
was existing in the United Stat which this
governmeat was angased IN sappreSsiag by the c,upoy
ment Of land and naval forces; that, regard this
domestic strife, the United considered Great
Britain friendly Power while she had iss,aaa for
herself the attitude OF nsutral and that spain was con
sidcrci IN the light and had assumed Aa s,ue Al
titude as Great 3ritsin
II had been settled by corresi iondcGcs that s lJcd
States and Great Britain mutually recognized u pphca
bic TO this local strife these art gos Of Gae
made by the Congress Of Paris In fs5Sa ~ that the
neutral or friendly fsg should cucciys goot not
contreband Of war and that neutral goods,
band OF war are not liable To captre nader enemy i
Ing These escepiicas nt eonrabana fspt foTgr were
negative acceptance by the parties The ris hitherto
everywhere recognized part ~ the av of n,giong
that whatever contrabsn + 'ab,s capture aud con
6scation in al cases.
James NJ. Mason aud r. J M.svslans ar, citizen, og
the United states and residents or Virginia
John Sidell and Gcogr Eust citizens OF tha ntei
States and residents Of Iouisnl !.
II was wc known nt IIavans when these rarti,s eni
barkcd in the Trent thai James " Mason prose ding
TO England ia the Affected sf Minister Peapo
tcntary 10 the CoIr' ol 81 James under d pre.cn,e
commission from Jefferson Tsvis Who had e
President Of I'll" insrrrcct onary party n tho United
States and T. J. Mscfariand goif. .it, hfa in ss
unrca character OF Sccrety " tegc to the pretended
misson
John saitei in similar circumstances wa going Ia
Paris as . pretended Minister 10 Tho a,,aeror III ,t,
French, and George Ests tbs chosen Secretary of
Legation for that simu!ate1 mission
The fact that these persons had aa'mnd suh chnrar
ters has been since ayowrd By .hs rrso, avs
in pretended message to unlawful AMI iusurrae,iun
AIRY Congress. IL was We think rightly ptrsnlan,
that these minister's bore prctcr4sh ereicHti AMI Ia
structi,ns and such papers IN tbr xnpvn AZ dos
patches. We are informed by Coasu NJ Paris blt
these dispatches having ESCAPED he search n he Front
actually conveyed and toyered 70 eaiis+,,.s nf
the instruction in England.
do also upon information and taef TIA. the vnn, a.,
agent and al The oc.rs Of The Trsn, Including he Com
mandcr Williams, had knowledge oi the assumsl chs--
nctefs aud purposes cE hc persons 6aareHaucl shou
they embarked on that vessci
Your ordship win now perceive thar The Gag, before
us, instead Of presenting arres htss lu ec 81 vtooDce
on The rar. o. Capt Milkes, - might we - iuferrcd
from the incomplete STAT meat rf IL tha up IN,
British government Was undertaken ssp. la4al
and castomarS beisereas proceed " by taptn Wilkes
70 arrest and captara neu,ra vessel aged n raer
ing eonrabaaa Of war for the rs, sGd hsncH' 6f hr IN
surlenls
The question bcroo us is whether this pre- olinr was
authorized by, and conducted aceordAg 81 tbo aw Of
natinSs
l, involves the following inapri,s--
l. Were the persons named agi their sfnposci l.s
patches contrablnd ii ~arg
. Might Captain Wilkes iavfaly asgp aaa s.,rah III
Trent for these contrahiad persons AMI despachess
g. Did he exercise that right N lswaul aud proper
anuer2
A. Hlying found the conrdbaud persons % board anl
in presumed p session Of tne Cortrsbanh csp. Ind
he a right to capture tho persous!