The New York herald., 1861-12-29

III tuc one, a6 IN inc OtDcr Case, tAcIc wouiu u0
a forgetfulness extremely annoying Of principles
upon which we have always found the United States
in agreement with US.
BY what title, in effect, would the American
cruiser, in the first case, have arrested Messrs.
Mason and Slidell! The United States have ad-
mitted, with MS, in the treaties concluded between
the two countries, that the freedom of the flag
extends itself over the persons found on board
should they be enemies of one of the two parties,
unless the question is Of military people actually
| in the service of the enemy. Messrs. Mason and
Sldell were, therefore, by virtue Of this principle,
which have never found any difficulty in causing
to be inserted in our treaties of friendship and
commerce, perfectly at liberty under the neutral
flag of England. Doubtless it will not be pre-
tended that they could be considered as con-
traband Of war; That which constitutes
contraband Of war is not yet, it is
absolutely the same for all the Powers; but, in
what relates to persons, the special stpuations
which are found in the treaties concerning mill
tary people define plainly the character of those
| who only can be seized upon by belligerents; but
there is no need to demonstrate that Messrs Mason
and Slidel could not be assmilated to persons in
that category.
There remains therefore, to invoke, in explana-
tons of their capture only the pretext that they
were the bearers of official dispatches from the
enemy. But this is the moment to recall a cir
cumstance which governs all this AFFAIR
and which renders the conduct Of the
was not destined to a point belonging
to one of the belligerents; she was carrying to a
neutral country her cargo and her passengers
and, moreover it was in neutral port that they
were taken.
| If it were admissible that, under such cond
tions, the neutral flag does not completely cover
the persons and merchandise it carries its immu-
nifty would be nothing more than an idle
word At any moment the comm rec and
the navigation of third Powers would have to
suffer from their innocent and even their indirect
relations with the or the other of the bellige
rents. These last would no longer find themselves
having only the right to exact from the neutral
entire mpartality, and to interdict all
ntermeddng his part in acts of hostility;
they would impose on his freedom of COM
merce and navigation restrictions which modern
international law has refused to admit lcgit
mate, and we should, in word, fall back upon
veyatious PRACTICES against which, in other epochs
no Power has more earnestly protested than the
United States.
Ifthe Cabinet Of Washington would only look on
the two persons arrested as rebels, whom it is
always lawful to seize, the question, to place it on
other ground, could not be solved, however, in
sense in favor of the commander of the San Jacin-
to. There would be, in such case, mis-
apprehension Of the principle which
makes a vessel portion Of the terri
tory Of the nation whose flag it bears, and vio-
lation Of that immunity which prohibits foreign
sovereign, by consequence, from the exercise Of
his jurisdiction. 1t certainly is not neces
sary Z aecall to mind with what en-
crgy, nesxr every circumstance the 60
ycrnment Of the United States has maintained
this immunity, and the right Of asylum which is
| the consequence of it.
Not wishing to enter upon more deep
discussion of the questions raised by the
| capture of Messrs. Mason and Slidel, ] have
said enough, I think, to settle the point that
the Cabinet of Washington could not, without
striking blow at the principles which all neutral
nations are alike interested in holding in respect,
nor without taking the attitude of contradiction
OF its own course up to this time, give its approba
tion to the proceedings of the commander Of the
San Jacinto. in this state of things it evidently
should not, according to our views hesitate about
the determination to be taken.
Lord Lyons is already instructed to present the
demand for satisfaction which the English Cabinet
is under the necessity of reducing to form,
and which consists in the immediate release
Of the persons taken from on board the
Trent, and in sending explanations which may
take from this act it's offensive character toward
the British flag. The federal government
will be inspired by just and exalted
feeling in deferring to these requests One
would search in vain to what end, for what interest
it would hazard to provoke by different attitude
a rupture with Great Britain.
For ourselves we should see in that fact deplo-
rable complication, in every respect, Of the
difficulties with which the Cabinet of
Washington has already to struggle, and
precedent of nature seriously to
disquict all the Powers which continue outside of
the existing contest We believe that we give
evidence of loyal friendship for the Cabinet
Washington by not permitting it to remain in igno-
rance, in this condition Of things of manner Of
regarding it. request you, therefore, sir, to