Marshall County Republican. (Plymouth, Ind.) 1856-1878, 1862-01-09

uut oSthS hulc 10 Boiu tiic oiCSuici avn -.
Thomas to Europe. / therefore concluded
to sacrifice the interest of my officers and
crew in the prize. and suffered her TO pro-
ceed after the detention necessary to effect
the transfer efthose commissioners. consid-
ering had obtained the important end /
had in view. and which affected the interest
of our country and interrupted the action OF
that of the Confederates.''
shall consider, first, how these reasons
ought to affect the action of this Govern
ment: and. secondly. how they ought to
be expected to affect the action OF Great
Britain
The reasons are satisfactory TO this Gov
ernment. SO far as Captain Wilkes is con-
ccrned. 1t would not desire that the San
Jacinto, her officers and crew should be
exposed to danger and loss BY weakening
their number to detach prize crew to go
on board the Trent Still less could it
disavow the humane motive of preventing
inconveniences. losses. and perhaps disas-
ters to the several hundred innocent pas
sengcrs found on board the prize vessel
Nor could this Governmen perceive any
ground for questioning the fact that these
reasons. though apparently incongrous.
did operate in the mind of Captain Wilkes
and determine him to release the Trent,
Human actions .gsperally proceed upon
mingled, and sometimes conflicting, mo-
tives He measured the sacrifices which
this decision would cost. 1t manifestly.
however did noe occur to him that beyond
the sacrifice of the private interests as he
calls then) Of his officers ami crew. there
might also possibly be sacrifice even Of
the chief and public object of his capture
namely. the right of his custody and
disposition Of the captured persons. 1t
confesses that the whole subject came un-
forcseen upon the Government, as doubt
less j. did upon him. It's present convic-
tions on the point in question are the re-
suit Of deliberate examination and deduction
row made, and not OF any impressions pre-
viously formed.
Nevertheless, the question now is not
whether Captain Wilkes is justified to his
Government in what he did, but what is the
present view of the Government as 10 the
effect Of what he has done. Assuming
now, for arguments sake only, that the
release Of the Trent. If voluntary, involved
q waiver Of the claim of the Government
to hold the captured persons. the United
States could in that case have no hesitation
lin saying that the act which has thus al
ready been approved by the Government
must be allowed to draw its legal conse-
quence after it. II is of the very nature
Of gift or charity that the giver cannot.
afte. the exercise OF his benevolence is past,
recall or modify its benefits.
We are thus brought directly to the
question whether we are entitled to regard
the release of the Trent as involuntary. or
whether we are obliged to consider that it
was voluntary. Clearly the release would
, have been involuntary had it been made
solely upon the first ground assigned Tor
it by Capt. Wilkes, namely. want OF a
sufficient force to send the priza vessel into
port for adjudication. 1t is not the duty
!, Of ,captor TO hazard his own vessel in or
r der to secure a judicial examination to the
captured party. No large prize crew.
however, is legally necessary. for it is the
3 duty of the captured party to scquiesce
and go willingly before the tribunal whose
, jurisdiction it appeals. If the captor
, cannot with probable safety to himself
Q overcome, he may probably leave the yes
sci to go forward; she nor the State she
represents can ever afterward justly object
that the captor deprived her of the Judicial
remedy to which she was entitled.
. But the second reason assigned by Cap
tain Wilkes for releasing the Trent differs
5 from the first, At best. therefore. It must
be held that Capt. Wilkes. as he explains
himself. acted from combined sentiments
of prudence and generosity, and so that the
| release of the prize vessel was not strictly
necessary or involuntary.
J Secondly. How ought we to expect
r these explanations by Capt. Wilkes of hie
reasons for leaving the capture incomplets
t to affect the action of the British Govern
{ ment? - ... s. ..s....
The observation upon this point which
> first occurs is that Cap. Wilkes explana-
|tions were not made to the authorities OF
the captured vessel If made known to
, them. they might have appro:ed and ta-
, ken the release, upon the condition OF waiv.
, ing Judicial Investigation of the whole
) transaction, or they might have refused
to accept the release upon that condi-
D tion. $50 ,f =. -
) But the case is not one with them, but
with the British Government. five claim
that Great Britain ought not to insist that
| judicial trial has been lost because we
, voluntary released the offending vessel ont
T OF consideration for her innocent passen-
, gers, do not see how she is to be bound
Ito acquiesce in the decision which was
thus made by ms without necessity on our
part, and without knowledge Of conditions
or consent on her own. The question be-
tween Great Britain and ourselves thus sta
ted would be question not ofright and Of
| Iiaw. but Of favor to be conceded by her to
, us in refurnn for favors show by as to her,
( of the value Of which favors on both sides
re ourselves shall be the judge. Ofcourse
} the United State could have no thougt of
raising such question in any case.
!, thrust have shown to the satisfaction
Of the British Government. by very sim
pie and natural statement Of facts, and
analysis Of law applicable to them, that
this Government neither meditated nor
practiced, nor approved any deliberate
wrong IN the transaction to which they
have called It's attention. and on the con-
Il. - =" "|.."