Daily Democrat and news. [volume] (Davenport, Iowa) 1859-1864, 1861-12-02
An Opinion.

The New Ork At0aOh, the represent
alive of English views in this country,
publishes lengthy editorial upon the
late Mason-Siidell case. The editor is
accredited as standing high in the knowl
edge of international law. We are IN
able to give the entire article, but the
following extract will prove sufficient to
enable our readers to see the drift the
AlJion is taking in the question. The
arrival Of the next steamer will reveal
whether it represents English views or
| not:
We have said enough, we think, to
justify us in holding Captain Wilkes
guilty of very serious breach Of inter-
national comfy. Whether he has also
violated international law jurists must
decide. The case is untouched by pre-
cedcnt. We believe ourselves that the
Trent is to all lntcnts and purposes a
public vessel; but acknowledgement, we
say, and judges, must decide. Let us
glance briefly at Captain Wilkes pro-
cccdlngs, after he had broken down the
barriers that should have restrained him.
He forcibly took of two passengers on
the plea at they were ambassadors
from an enemy. or that they carried dis
patches, or both; for the case Of their
Secretaries may be adjourned. Now
we DENY point. blank that Moooro. Mason
AMI on.elI had any ambassadorial char
acter whatever. A Confederacv that
has no recognized national existence
cannot send forth an official representa-
tive, whose very status presnpposes re-
cogniton.
To the Captain Of the Trent, these
PERSONS could have been no more than
any ordinary passengers, whatever he
may have heard of their GRAND by COM
mon report-for, thank Heaven, We
have not retrograded to a passport sys.
tem-and they were, therefore, entitled
to such protection as his neutral flag
could afford. and to such an asylum on
board his ship as her special character
should have secured. They themselves,
we repeat, had no official position. They
were not ambassadors, they certainly
were not soldiers they could not be lie.
gally seized on board a neutral ship at
sea, without some justifiatle pretext,
however easy it is for Secretary OF
State on shore to consign whom he
pIeases to military prison for an alleged
civil offence. ooh, but they were bear.
ers Of di-patches," say the volunteer le-
gists, arguing again on their q .fortiori
principle. IF the carrying of dispatch
es, according to all authorities, sub ject a
vessel to forfeiture, of course the bearers
must be liable to seizure" The argu-
ment is weak law and practice run the
other way. Breakers Of blockade and
carriers OF contraband incur risks-but
no personal risks, save the inconven-
ience OF temporary imprisonment.
But were these gentlemen bearers Of
dispatches? We know not, and GER
tsiny the Captain Of the Treut bad no
means OF knowing, since it is not the
custom on board our ships to search
passengers persons or baggage on en-
batkation, or to pry into the contents Of
the mail bags. Indeed, so tar as the lat
ter 10 concerned, Mcssrs. Slidell and Ma
son had no control whatever. Observe.
We do not pretend that Messrs. S!ideIl
and Mason we're not enemies and most
hagrant enemies OF their captors but
we do pretend that international law
does not warrant the seizure, after this
fashion, OF individuals not designated by
public law; and further, that no single
word in the Queens oft quoted procla-
nation prohibited the Captain Of the
Trent from taking these individuals on
board, all rumor as to their mission or
commission to the contrary, notwith-
standing.
And now, if there be any force in the
position We have assumed, the cloud of
so-called presidents set forth by our
American contemporaries dissolvcs into
thinnest air. We admit TIC unques
toned right Of belligerents to visit and
search neutral merchant ships; the Treo,
is public vessel. An en-. my's ambas
ssdor may, rquest'onabIs, be stopped
upon the high sea Messrs. Sl,deli aud
Mason are not ambassadors Private
ships frdudulently carrying dispa ches
(says Sir. w. Scott, the word itaiicised
being conveniently omitted just now by
all the American commentators) are sub.
ject to confiscation; the Trent was not
fraudulently carrying dispatches, nor
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