The Jeffersonian. [volume] (Stroudsburg, Pa.) 1853-1911, 1862-01-02
The Rendition of Mason and slidell.


land, on England's demand, Mason and Sill
dell and their Secretaries. Mcfarland and
Eus,;s. The reader will remember that these
were the persons sent by the authorities oi
left Dayis-dom on mission to England and
France respectively, for the purpose OF ad-
vancino in those countries the interests of The
so-called Southern confederacy. As 1t is
known, by this time in every nook and cor
ner of the country, they were taken at sea,
from off the British Mail Steamer Trent, by
Capt Wfkes, commanding the U. 5. War
Steamer San Jacinto, and imprisoned in Fort
Warren, Boston Harbor. by direction of the
Government The country rejoiced IN the
capture; and every man who heard of 1t ut
tered an involuntary huzza over the intrepid
ity of the hero who rendcred so signal ser.
vice 10 the Union. But there were doubts as
10 the legality of the act; and heroes, states
men, lawyers and even politicians. though
they knew the arrest was right, hesitated to
give all opinion as 10 whether the manner OF
making it was not technically so far in the
wrong, as 10 destroy the benefit which might
otherwise accrue from it.
We all knew that our common everyday
law, between man and man, has its formulas
which must be adhered to. We know too
that these are deemed, aye have proved, ne
cessary, to secure the chief end of Law-Jus-
inla afn
they are allowed to pass without respect, in
the transaction of business, even though the
cause which treats them thus cavilarly, may
have rights on its side, in nineiy-nine cases
out of a hundred it will prove the losing side.
This we venture to say, is the experience Of
many who have courted pure justice through
the law 4: their case was just--lheir evidence
was all that could be required; but some
technically had been violated. Their case
appeared wrong, and in the eyes of the law
il wds wrong. The result was they were
the victims, when, if they had managed the
case rightly from the beginning, they would
have been the victors. And this is right
II is necessary TO prevent endless litigation.
II this is so, (and who can doubt it " no has
ever witnessed trial in our country,) who
can blame the Administration for lis course in
the case of Mason and Slidell, and their Sec
retaries. An innocent violation Of technical
ity on the part of Capt Wilkes deprived us
of the pleasure Of holding these secession
emmissaries in durance vile, ad H6item. 1t
is on this ground that Secretary Seward
sets their rendition. Capt. Wilkes innocent
ly failed TO meet the teehnicalties of the case,
and, in the eyes Of The world, we are conse-
quently guilty of violation of the rights o.
England, and of English neutrality. Yet no
one can blame Capt. Wilkes. He acted 10
accordance with his light and knowledge on
the subject, and adopted the plan he thought
least calculated to wound the over sensitive
honor Of Great Britain. He is good sailor
and in active service, in defence of his coun-
try's flag & honor, would doubtless prove that
the race of his country's heroes had not yet
run out. For what he has done he deserves
our thanks. That he was not equally as
good an international lawyer as naval COM
mander is both his and our misfortune.
The laws of nations allow search in time
of war, to prevent the transmission of arti.
cles contraband of war. Among these arti-
cIes are included dispatches from belIiger-
ent TO operate against the interests of CO.
belligerent, Ambassadors and the agents of
belligerents. The Trent was without doubt
guilty of the crimes against our rights here
enumerated, and her detention was perfectly
justifable. But the letting her pass on her
voyage, after securing the persons of the par
ties sought was the weakness which destroy
ed our rights, and this the Secretary of the
Navy, in his report, condemned These
same laws of Nations require that such vessel
should be seized and carried TO the nearest
port friendly to the vessel seizing her, end
that judicial tribunal there decide whether
che be guilty of the crime alleged against
her, to wit: Of carrying articles or persons
contraband of war. If guilty she is con-
demned, and the whole world says amen to
the decision. If not guilty then neither are
those on whose account she has been seized
eontraband, or subject to arrest by the gov.
ernment pursuing them, and they are let run
free. Here was the want of observance of
technically on the part of Capt. Wilkes
He held the men, but allowed the vesse!,
which was the only guilty party in the eyes
of Nations to run free.
We admit that the yielding TO this argu-
ment is a cause of humiliation, but such is
the power of technically. And after all,
the whole thing resolves itself into the ques-
tlon, whether we would better disarm seces-
sion BY yielding TO those principles which 60
vern the world, or strengthen it by opposing
them. We are strong: there is no reason to
doubt that But with our country disrupted,
could we have afforded to throw down the
gauntlet of war to England, France and. per-
haps, the whole of Europe, for the mere DOS
Of fonr H. E |