Daily Richmond Whig. [volume] (Richmond, Va.) 1861-1862, 1861-12-17
TIE ARREST or HEssRs. MASON AND sLIDELL
UNJUSTIFIABLE.

UNJUsrIFIABLE.
10 tls Editor of the WHO.
~ permission, through the medium Of your valu.
able paper to give the which have satisfied my
mind that Great Britain must pocket gro.s insult and
violation Of the laws OF nations, or must resent the for
chile seizure, BY Commodore Wilkes Of Messrs Mason
and Slidsll on board the British ship Trent.
In justification Of that act the United States must
either contend that Commissioners are citizens of
the United Sates and traitors to her Government and
that she has right to visit and search friendly foreign
vessels the high for the purpose of arresng cit.
charged With treason she must admit that they
ambassadors Of belig.rsnt power and claim the
right 70 arrest the ambassadors Of her enemy While on
the high seas on board Of Q neutral vessel.
Hhr Lncolns government assume that Messrs. Mason
and Sdel still its citizens and that the law of nations
authorized the visitation and search OF friendly yeseel
to arrest hsm gives up principle for which the Uti.
States went to In 1912 and which Il has persist.
emily refused to admit up to this time-( Vide Ksnts
Com, VOL /, p l55. note a. II Great Britain grants
to the United States this right of visitation ard search
she must humble herself before the woj for the Ursd
States have never admitted this right as part Of The
Law of nations and have permitted Great Britain
TO exercise It towards them.
But can Grea Britain In the present state Of thnts
ovledgs that Messrs Mason and Slidel should lie
considered as citizens of the United Statssg thrk
not She has recognised the Confederate States as bel
gerens and declared her neutrality between them and
the Uaied States. As she has gone no farther than
this she merely admits that there Il civil war within the
bounds Of the old United ases government But th. "a
enough. In vstte (p 1925, B. IL, CD. xviii Sec 1884,
t ia laid down that "a civil breaks the bands Of so
cety and government at least suspends their force
and effect; Il produces in the nation two Independent
parties Who consider each other enemies aud ac.
knowledge common judge. These two parties there
FORE must necessarily be considered thenceforward
constituting least for time, two separate bodies
| two distinct societies. They stard
therefore in precisely the predicament two "a.
tions who engage In q contest and, being unable 10
ccme to an agreement, have recourse to arms"
Crest Britain has therefore proclaimed to tho world
that during the continuance of this war she will treat
the Confederate States as dis iuct from the United States
How can she, without dishonor its citizens as still
in every respect citizens Of the UDied States in order
to explain away an insult to her flgs cannot believe
she will do 80. She has spent too much blood ard
treasure to attain her high position before the world to
forfeit Il now by such cowardly meanness.
II the United States admit that Bessrs. Mason and
sde are to be viewed ambassadors or ministers to
foreign courts Il will be found that the law OF ma ions
does not warrant their arrest board neutral ship
Commodore Wilkes Is not justiaibc In boarding the
Trent to search for dispatches ambassadors from the
Confederate States. The Jaw of nations as regards the
right to seize enemy's dispatches il laid down IN
Kents CONS, vol l. p. l52l5S, follows: "There are
other acts of Illegal assistance afforded TO bcige.
rent besides supplying him with contraband goods aud
relieving his distress under blockade Among these
acts the conveyance of hostile dispatches is the mort
Injurious and deemed to be Of the most Injurious ard
no1iou, character A distinction has
been made between carrying dispatches Of the enemy
between different parts Of his domniops and carrying
dispatches of an ambassador from neutral country TO
his own country. The fleet Of the former Is presumed
to be hostile but the nedrsl country haa right to
preserve it's relations with the enemy and it does not
follow that tie communications Of hostile ure.
The presumption Is, tina, the neutral State
preserves its integrity, and Is not rned in any hes
tile design" The author refers for authority to bis
positions Rob- Rep, 40 and 46l, the cases Of the
Atlanta and Caroline.
1t clearly appears from this authority, that
dispatches to be contraband must be hostile, and
that dispatches between belligerent and Q neutral
are not to be presumed hostile, end ard there.
fSe not liable to be seized But the subject Of
plant against Ms Lneoln's Government. is not the
seizure Of dispatches but Of ambassadors. Let us
look to vatte for the law to these. In b. iv,
Oh. vii, this author states that the persoLs of
ministers charged with Embassies to be held sacred
n all nd IN
any such public minister lot only Injuries the sovereign
he represents but attacks the common safety and well
being of nations and Is strocious crime against
kind in general wide 4s4 that this sacredness ard
iuvolsbility Of peron Is due to ministers their way
to the governments to which they accredited and
before they acknowledged and received, wide p.
+66 J and that the which reader embassies
necessary, and ambassadors sacred and nvolsble
not less cogent n times of than in profound peace
(p. 1917 This is the general doctrine.
Speaking Of the right Of nstien seize the people
Of its enemy, the author say' (p 4s7 s5): Bis
people may also be attacked and seized rsrev hare
a right 10 eommi. acts of hoshiity. Nos only, there
fore, may ve justly refuse passage to the minister's
whom an enemy sends 10 other soveregus we may ar
rest them II they attempt to pass privI.y and without
pymisso through places belonging to Jurisdiction"
70 justify its act on this ground, then, the United
States must claim jurisdiction over the whole ocean, or
the right to commit hostes on board neutral ship.
It Is clear therefore, that the Of Com Wilkes can.
not be justified Not only is it insult to the oonfede.
rate Government and to Great Britain but 1. Is an afro
cious crime sgins mankind IA general II the Bri.hh
lion submits to H. he vii astonish aud disgust mankind.
II.