The daily Wabash express. (Terre-Haute, Ind.) 1857-1867, 1861-12-31

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this view which our Government
axes Of this question. and has shown. very I
that she would not give her sanctioa
o any such doct:ine a. the confscation Of a 4
'rire cargo rifhsaf judicial trial and sentence. /,
Dur Government oertAinir would not nor /
sould any other commercial nation. I,
Looking now 10 the facts connected with
he arrest Of Macon and Slidsll, we find them /,
10 be these: That an American War steam.
the San Jacinto. stopped q British vessel.
he Trent. on the high seas. While upon her
10 an English port. detained and
her. and took from her deck four
citizens, who were removed against
their own and the consent Of the British com.
mAndsr. and then lett her to pursue her
This Is the whole case. and a glance
at IL will show al once the real cause ofcom
plant. IL Is this: That the American Com.
MA sder has exereised the authority Of deciding
for Aimself that the British flag covered srfi-
eies eoafraband Of rar-that he has exercised
sdieisi functions, and has decided what. by
our treaty with Great Britain. We have
agreed shall be decided alone BY an ADMIR-
ally Court. Has or has not Great Britain a
ngnt 10 complain OF this, u the question:
Let Us reverse the case, and put the same
question TO ourselves, and zoe how We would
decide it. An excellant moral IL taught by
the old story Of the Farmer who consulted
the Lawyer about the goring Of his or by
the Lawyers Bull. Suppose Great Britain
and France we're at war, and q French vessel
was loaded equally with French and Ameri-
can goods. and should be seized at sea by q
British cruiser and the seAcls cargo conhsca-
ted without trial and condemnation-would
we submit 10 iti or would We not rather de-
ounce the act as enc Of piracy Now. II Is
not just that we shall ask Great Britain to
suffer Us 70 do with her vessels what we will
not suffer any power upon earth to do with
ours. The trial Of q prize in an Admiralty
Court is. seemingly. a very simple thing-tat
then we have agreed that no ship shall be
held to be a prize, and no part of her cargo
shall be held TO be contraband, until the ques
ton isjudlciauy decided-and our own hon
or, as a nation. requires that we shall stand
TO the agreement 1t happens in this in
stance that our interest "a a commercial ma
ton. requires il no less than our honor.
We are all excited about Mason and Sill
dell. and Justly so. They are amongst the
very head -derils in the infamous work of
treason--and have won for themselves the
doom Of traitors. if We had such proper pos
session of them as that We could punish them
rs they deserve. Under our view of them,
they were placed upon the same footing. on
board the Trent, as contrabanS goods. We
insist that the law Of contraband has varied
according TO the varying circumstances of
the times and of nations. and that now it Is
the usus BELIEF which determines an article
10 be contraband, and that the principle is
not effected by the character of the instru-
ment employed-that il makes no difference
whether goods or persons are employed, so
that the cause OF the war be advanced
Mason and Slidell assumed the character OF
Ambassadors from the rebel Government OF
the seeded States, and, necessarily, bore
dispatches TO the Government to which they
were sent. and these dispatches. as well as
the bearers Of them, are, according TO our
reading of the law. contraband. We say
also. that the fact Of their being found on
board a neutral ship. made the ship liable to
condemnation, ii the master was informed of
the facts. / am not aware that England has
yet said anything contrary to this; and, prob
ably. If she enter upon the discussion of the
question, she will not. But she will, in al
probability, stop short Of that discussion. ano
simply protest against the act Of CommodsrS
Wilkes in usurping the prerogatipes and func
tons of a prize Court. III she does, our line
OF duty is perfectly plain. well marked oul
by our own sense Of duty and what we woulS
/ require of her in like circumstances. 1t i
to acknowledge the irreguiarify, and svrren
der Mason and SiideN 10 her aufhorities-
that is. place them Just as they were before
their arrest. under the protection ofher flag
Aud this being done, il the question is placed
upon that ground alone-1haf is the end Of IL
! There is nothing else, consistent with hon
| or, for US TO do. for We cannot reply by ask
c ing her to cause the Trent TO be delivered NJ
10 US, to be tried as a prize in a prize court
{ ( r the plain reason that consent does no
1 give jsris iiction to a court.
!. Ii is not likely that Great Britain vii
3 couple with this view of the case any denia
: OF the belligerent right to stop and detain
vessel, when there is a reasonable suspicion
that it is engaged in contrabana trade, 70
she has always admitted the right, and il
too clearly established by the law of nations
: Her own Admiralty law books are full of ca
ses that might be quoted against her. an
> she would find herself unsupported by tn
authority and example of any single com
o mercial nation. She is not in the habit o
committing such blunders.
There is nothing in the p~retence set up b
y some OF the British papers. that the arrest
Mason aud Slidell on board a British vess<
on the high seas, is equivalent to their 81
e rest upon British soil. The rule OF publ
; law, recognized by ancient and modern W.T.
& tiers, 10 this: the property Of an enemy 10 nc
liable 70 capture when within the territory G
, jurisdiction of any neutral power, and is onl
" when within the jurisdiction OF the bel
a ligerent nations. or in a place not within n
y territory or jurisdiction OF any nation. "Th
main ocean not being within the territory. G
a subject TO the exclusive domain of any M
" tion. is q place, where enemy's goods may b
Il lawfully captu ed. says one OF the creates
@ Of our early statesmen, who exhausted tn
{. whole subject, In defending the treaty
N 1894, with Great Britain. And this is Oh
q lsw Of nations. Rutherford says that a ne,
a trail ship may be called a neutral place. b.
% the wosi place does not mean territory, IL onl
h means the thing In which the goods are cor
e tanned. Hence il follows that the jurisdi'
ton which a neutral State has over the shiy
r Of is citizens. ceases when the ships are OF
IL at sea. 50 that the things on board cannot
IN under the protection OF the nation. In n
r zane manner as IL the ships had been in on
l. OF its ports, or il the things had been on i
r land. The right Of property which the cit
q zen has In the ship will protect IL from ca
AZ tare. except where it Il engaged in contr.
band trade: and when IL Is 50. this right 1
,e in no sense, violated or impaired.
But If Great Britain. Notwithstanding a
\. that she has done TO maintain. for herself, th
u rigAf Of sesrck, shall, ~Peremforily. demand a
surrender of Mason and Slidell, upon n
ground that sre hare rioisfed her neutral riga
uader the isr Of nations. By stopping her re
al aeoa iA< AGA sess. what = 10 he the e
feet Of the demand and what shall OF
VI Government 10 IN reference 10 tf Thes
= would be practical questions. IL the d
- maud we're thus limited. aad I should I
Il content 10 cav q them 90 the Execue We dspar