New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1861-11-22
THE CASE OF MASON AND SLIDELL.
LETTER FROM MIR. GEORGE SUMNER.


BosIoS, Nov. Is, 1861.
Ny DEAR SIN: I hasten to reply to your letter
drawing my attention TO the arrest by Commodore
Wilkes, on board the British steamer Trent, ct
Messr,. Mason and Sldell, who were proceeding Ia
Europe with tie tile Of Embossacors Of the Rebel
Safes aud asking my opinion Of the legality Of that
act, and it, probable Consequences.
The oct of Commodore Wilkes was IN ftriet aecor'!-
ance with the principles Of international law. reeog-
nized in England and in strict conformity with Eng
sh practice. For The last statement shall, furl er
on, point out TO You analogous Gaze, and for the
first refer you 10 various decsions Of Sir Wm Scott
aud 10 all be ellen eu'ary VT ieIe ON the Law ol Ma
ions Carr iug ambassadors, f,l nj ch.s, or M ilGiy
peisons Tor Que belligeient exposes the neutral YES
rel rerfoiu ing this service TO the same penol as
wien carrying ariicl,s conirabaud u war. The
persons seized en- beard the Tisut ,imIS con-
iuhands." The hight in tine of war OF svefy
Latiural belhgerrnt p 10 sear,L for cont aGnd al
vessels, except armed national ALPS Of anoiher
power has never been denied by any authority on
either aide Of The Atlantic. Those who have eher-
gecally pro esied against the IRE OF tlis power ~
me o. ~ a,e have admitted the full eXislence o! tie
night In time OF war.
re Question 10 10 solved IT, II seems to I'VE, SIM
Ily this: "Aie e Ieb,ls belligereuts l-aie we at
war, aud therefore entitled, uGer The law oil ra-
search
Iris question, 20 far as LAND is concerned, Is
answered BY the Queen's proclamation, whlcI,
issued after full debate IN Parliament, 1eeoenHes
this rebellion VA, aud recon Iee b0th Ia tho'e
who are engaged in fomeuting aud 10 repres,lg
il, the ,harucler aud rights OF beiisrTenta. This
PROCLAMATION, though received with ceIaln Ietula lame
IN -ome quarteFs, was Ia stIiet accordance WIN TIE
prihcipes wh ch Hautefeuille and III The beef au.
ihuriles on international law oloand for The con
duct Of reulrals aud 10 stict accordance also with
our pTactics as that is developed by Chief ns'iee
Msrshal in Tie case OF the Slntis-lMA iHbi'"''
Wheaton, NJ
The rroc lamation Of Queen Victoria warns an her
Ioynl subjects against conveying oi1eerr soldeis,
cLes arms &c, &c. for The u-e or service 81
sifier of lie couieLdng parties '-deea'es that
ibey will do 20 nj q cir p.ril sud oi ibelF own
yyroi u'--and throstens there with PENAL eobse-
ouenees upcer muni gal law ~ tue In" OF nations
Accorcii x TO th. law Of nations the Trent Was
doubly liallO 10 captures
!. For carrying enemies dispatches.
q For the act Of the purrer m refusing 10 exhibit
the SHIPS papers 10 the boarding oiheer.
And she Was again, b. English praei'ee, liable to
calan,e, ios Carrying hostile ,rDta,ssdor.
l. illustration OF Ills List golo-irion, let me draw
your attention 10 q case witch prescnts many pons
OF analogy with that under confederation, and which
il 10 10 II nieIorlirg.
During the war OF tho Revolution, Henry LanreDs,
folner ~, sleni Of Congress, Was sent his Minister
10 Holland with nstui,iions TO secnfc the recog-
tition of our ndep. ncence conclude treaty, GDd
10 regoliate Loan ~ that county. lie reInaiaed
long lime nj CbH le-toD seea KING means 10 reach
deetinaiIon and full:, IN February, 1870, went on
board the AdIiana, a t.st-snilinR btigantine, The
a,a.ter of Which eugyped, in spite OF the Blush
fleet, TO carry him to Martinique. II WIS moi until
August thai lie took passage ivI Holland IN Dutch
raeket the Mercury. Ia letter 10 C0ngrtse,
written ON board tie British fngnts V,s'al, liih Of
September iioJ, and witch may be ionnd Sparks
Diylou aiic COIrtspOLdUnCe OF the RevoilILD, Vol
H.. d. 46l, IauTeus announces the capture OF the
racket when three days out-the seizure OF bic
iapsfs-his Gfryal on bUard tie Vesal al 81 johns,
Northumberland the order Of the Admiral COM
uading 10 send bin, bis secret ry, and the captain
OF the packet Us prisoners 10 EDghnd. HoAd"d
tras thcH NEUTRAL pg'ver.
Arrived In England the question arose In the Brit
jsh Ministry whether Lsurens sioud he treated as
p,isoier Of war, traitor; aud the result was
lint ue was committed to tue Tower, on tho charge
Of Ligh treason, under warrant sgLed by Ito three
Secretaries Of State, Lords Stormont, llillsborougb
and q. GermaiDe.
The care shows the practice Of England in regard
TO belligerent Enbassador5, and the neutral packets
which carry them.
After tho surrender Of Yorktown. Lanrens was put
on the footing of prisoner Of wrr, and exchanged
for Lieut.. Gen. Lord CORVALLIS.
Although the practice Of tue En- glish Prize Courts
would have fully justified Com. Wilkes in captsring
and our own Prize Courts in concerning tie Trent
vet il IL BIO hoped the forbearance Of that slant
officer will be approved ~ our Government in COO.
slider alton OF the mauy innocent passengers board
the steamer who could not without great inconyen-
ence have been turned from their destination. Such
forbeaIance merits the grataiul acknowledgment Of
tbs British Government.
have seid that by the law Of nations the Trent
was liable tocsptuie for two causee. Tue second
of those named is admitted by all the aathori'ies
the moot accurate ana thorough OF modern writer's
On international law, Hauteiesl'e, admits the irst
AZ around vi capture with certain limitations. In
his great work, DeS DrOtts 81 des DcUO'Ts des kcu-
tres, {. H., p. 462, he Gays: 1.-TWO pubicists whom
have Quoted, Wheaton and Onolsn, adopting the
opinion Of tue English JudKes look upon the Irsns
port Of dispatches Ivy neutral ss AN act quite ss
grave as tia transport OF troops and M leading 10
be conitcaiion Of the neutral vessel. cannot ac-
cept tbi, OF non in ito full extent" The exception
Which he makes s i'll favor v rail packet, charged
with regular postal ecryioe between neuiral poris.
Iiautefeui, docs ask bat the mail packet shall
he exempt from seizure If il carry ambassadors or
coptraband OF war, for one Of the bellgerents-Ior
does he DENY it's entire subsection 70 tie tight Of
serchbut be considers that, being by the nal ure OF
ia ,eryce lg,d 10 take all letters offered, the
racket has not committed on act of war, drawing
alter i coniisca,on, H. in the vast number Of lette
II earries tucie should BE- some dispatches. Ana
he udds: II the principle Of the Engih Admiralty
Coults should be admitted, "the most powerful bel
lpercnt would soob have the monopoly OF the mari.
tine correspondence vi the world
Hauiefeuille Is cafe authority for ns TO follow.
His reasoning here is ,oeent und suggestive; md IL
Furnishes apoiher ground u jus ihc'liou OF C'm.
WiiAee, for allowing tie Trent 10 ass on her way.
Yoa ark how tle act OF Com. Wilkes will be
viewed in England. Englishmen will, believe, re-
enber that one Of the earliest dee de OF this rebel
lion wac brutal insult 20 their ag III the rebel port
Of saynnnah. Tiey will remember that m English
sIipmaster, Capt Vaughan q London, was seized on
loard bis stip by The "RegnIa,ors, "Raille-
enekes," or ,ome other OF tie constituted nutbori'
fes Of that town, charged with having given DIN
~ a Tho cnlnrel s,eYedDre then at Ork i0rbinl-