The New York herald., 1862-01-08

was too much 10 ask Of 10 take its hands another
tary OF State might have been spared The matter was
In nutshell. the answer In word "rake them There
are duties lying nearer to US. We can wait That de-
mand which, in view Of her history OF the rights which
she has always claimed as belgerent Power, Of the
principles which her greatest iurist Lord Stowe had
imbedded In the law OF nations, she fairly estopped
to make. Bat pause not to inquire as to the con.
by the consideration that she is neutral Power and
we are in struggle for national lifs to express sur
have been swop as cobwebs from her path. That Is
question of legal right, and such win look it in ths
face We may feel compelled 10 make concessions. We
will ask none. The claim Of England is that the Trent
pursuing lawful and nnocen voyage aud that the
taking from her OF Mason and Slidel aont the
British dag, and violation Of international law Had
the right Of visitation and search9 There is contro
versy this point. Nothing better settled in tho law
OF nations than the right Of begeren. TO visit and
search tho vessel Of neutral for contraband OF
We're the persons taken from the Trent conraband OF
WARP The question is, not what rule Is now to be
guides for future action, not test Of the past The
common law Of nations like that Of England and of this
precedens of weight and authority for the principles
involved in their determination, and not merely In cases
where all the facts are dent The whole body OF the
law is the result Of this disnction. The fair
result Of the authorities and especially Of those Of Eng
land, is, that the carrying of tho dispatches of bel
lgerent is violation Of neutrality, the penalty Of
which is not only the seizure Of the dispatches but
the seizure and confscation OF the vehicle which
carries them. sccond-Enemes' official dispatches
s winch the srs
borne is mmateria They may be oral or written, the
substance, which is the thing sent Fourth the neu-
tral 10 serving the begerent-doing his work-tho
fact that the dispatches being oral aa Q, ,,. writ
the timc Of the seizure the vessel was going from
neutral port to another is material only upon tho
questions of the forfeiture Of the vessel and tending
to show that the contraband was taken without the
privity Of master or owner The result to be shected
the aid bagerent and the injury to the oher
fha the W hole ia this in
whatever form embodiedthe greatest possible service
may be done to begerent and the greatest possible
on for adjudication and had been condemned, England
could not have said tho condemnation wrong. It
should have forborne the exercise Of extreme
right, and have allowed tho vessel, passengers
and cargo not sonrasand to proceed , on their their
ernment to enlarge and strengthen the rights Of
restraint. That especially had this been ths with
respect to tho treating Of persons conraband OF war;
We might have shown with what anxiety had sought
to limit this rule to soldiers the actual service OF the
enemy; that in our treaties with Franco, with Mexico
and with the South American States, VIC had inserted
this import limitation Of the rule OF international law
We might have well said that the proprety Of this lim
tatcn is every day becoming more apparent that the
introduction Of steam into navigation had brought ma
tions into closer proximity and into more frequent and
regular ntercourse that the wants OF modern commerce
had made mail routes as necessary Oh the seas as on the
land and that ought TO remove all distractions from
the pathway OF civilization and OF peace;
to desire TO modify the law, so that
no should be deemed contraband but soldiers IN
service that when hostile dispatches are taken from
neutral mail vessels, the claims OF humanity and tho IN
terests Of the commercial world shall be respected and
the vessel be permitted to proceed on its voyage without
unnecessary delay, the legality Of the seizure being de-
termned without tho presence OF the ship. we misns
tnng otherwise, will, in difference to the excellent
suggestion made by the British government 10 tho Paris
Congress Of 1886 have recourse 20 hs Offices Of friendly
Power--we Will submit the whole matter to arbitration
and abide the result. 1t is said that the omission TO
bring in the Trent for ducaon rendered the whole pro
ceeding void As to this ground Of complaint, il is
plain that Captain Wilkes understood that the Trent
was lawful prize pam, aso that no determined
waive his right to take the vessel into port price
prserrng TO suffer her to proceed cn her voyage These
facts Of the highest Importance The difference OF
the boarding vessel by acTew, and taking from her
goods, the act constituting no part Of prize
proceeding and the release OF prize by capor the
exercise his discretion and for Of necessity
and humanity is pain and vital Neither Ingenuity nor
dulness confound them The whole proceed ing of
Wilkes characterized by the utmost good faith and
he gave satisfactory for his action throughout
this vessel had been brought in and condemned and
England had believed that the judgment of the
against the law Of nations, she would not have
quisscd She would not have been bound acquiesce
Were the taken contrabsnd Of war; Tho answer
BY the law Of nations, must be Affirmative; aud If
England had consulted her oraces she would have
ceived other response and Lord Stowc would have
condemned the Trent the double ground Of carrying
conraband Of war and resistance TO search. When this
whole shall have been thoroughly considered and
weighed the judgment OF the civilized world will be
with US and it will be and felt that wrong was
in the forbearsncs to exercise an extreme
right-no insult for mono was intended; that
our falling, II any, leaned 10 virtues side, and was
relaxation Of the iron rigor Of from motives Of
humanity and Christian courtesy; that, on the other
hand England has done 70 great wrong, in avaing
herself ol our momen. Of weakness to mako demand
which, accompanied as IL was by the pomp and circum.
stances Of war; was nsolent in spirit and thoro shy un.
the courtesy Of Josb TO Amassas he smoe him in the
nfth rib-"Art thou in health, my brothera' Tha;
message Of Russell to Lyons, which could cross the
Atlantic, had proectlo force enough have passed
from Dover to Calais Nothing il gained for the
Is Is. that no, only ereiy mail mail ssamersoy % nsa,rs asI
may be seized and searched Cor contraband Of
war; but that her cargo may and must be broken up,
and tho vessel brought in for adjudication Under these
circumstances neutral commerce may we'll pray, Save
me from my friends" But will England feel herself
bound by the precedent such as t sS Yes Just long
IL il convenient, and not moment longer Her stan
dard Of right mas been is and will be- the interests or
stand In the way Of her imperoas will. But the loss
will ultimately be hers. She is treasurng up for herself
wrath against the day Of wrath She has excited tho
hearts of the American people deep asd bitter o
wrong OF injury inflicted at momont when cannot re-
tsate II is low right With U.s. but through the watches
OF this night VIC shall be giTdnS ourselves TO strko the
blow Of righteous retrbution.
Mr. s7rvESa (rep.) Of Pa, moved ths previous ques
tion under tho operation of which the documents were
referred TO the Committee on Forei. Affairs.
The House went into committee the bill for The pay
mont of sundry civil expenses
Mr. vAitaSpiesAM thanked br Thomas for the tcmpor
OF hs speech and its statesmanlke views. Il was in
striking contrast with the remarks or his colleague Mr.
IiutchiBs) tho doctrine announced by the gentleman
from Massachusetts, be correct his speech open
10 tho ccnsure of the administration than his own He
entered into explanation Of his position hurting back
the insnuatons that he giving aid and comfort to
the onemy. His colleague was not the proper one 10
judge as 10 his motives
Mr. WRIGHT (Union) Of Pa, corrected a gnrblcd re-
port Of the speech he recently made the OF
sorenade. The reporter say ing ho had dec arsd in
favor Of the extens on OF slavery was guilty OF un-
mitgated falsehood. He was willing to do all In his
power to put down the rebellion Under present cir
custances he would have controversy with the ai.
nistration for surronderng Mason and slidel for wo
have much our hands now as we can sustain. But
II these men had TO be surrendered, should have been
done under protest, and we should remember this az
question hereafter 70 be settled with England
In tho course Of colioquy between Messrs vaandg.
ham and Wright the former asked the latter whether he
would be In favor Of with Engand she break the
blockade.
Mr. wmcHr replied that he would whether the block.
ade was broken by England ony other foreign rower
for we would thereby bs placed in position from which
we could not escape.