The weekly Lancaster gazette. (Lancaster, Ohio) 1860-1863, 1862-01-09
the ReIense OF N ason and slIdeII

The Release or NJ asOn and slidelI.
Mason and. SlidslI have been given up
to Great Britain upon her demand. This
act though made extremely Illuminating
by the action Of Congress and the public
press, was, under all the circumstances,
the part Of good wisdom and sound poll
cy.
From an American point Of view, the
case is clearly against US. We have uni.
fOrmly and zsaloualy sought to enlarge
the rights Of neltrals and restrict the
rights Of bslligerents. and as great com,
mercial people, seldom q. war, this line
ofp,licy is clearly in keeping with our
interests. We have insisted that the
Southern ConfederAcy was not belliger-
ent power, and protested against hei re-
Oognition as such BY European Govern
ments-that Mason and Slidell were citi-
zens Of the United States 10 rebellion
against its laws. and not ministers Of
belligsrent power. and hence merely po.
iitical Offenders; and iu this espasity, SO
cordiDg to all international law and usage.
were neither contrabAnd of war or subjects
of caption: but entitled to the full pro-
lection and immunities the British flag.
II we insist upon holding Mason and
slidsll we must necessarily abondon a
long cherished American policy. Of vast
commercial inleres. to this people. We
must adopt the most extreme belligeront
rights. hardly justified BY the worst prece.
dents Of British lnsolence; we must recog.
nize the Southern Confederacy az a bol.
ligei power, thing We have hitherto
stoutly refused to do, and for doing which
wo have censured and abused the British
Government; and besides all this we must
involve ourselves in war with the ac-
knowledged FIRST naval power Of the world.
Ths error Of Capt. Wilks in the Trent
affair. was iu his having constituted him.
self Judge Of international laW-of what
was or was not contraband OF war, in the
seizure aud condemnation Of Mason and
Slidsll withou! the Intervention Of q prize
court. As an officer Of tho U. s. Navy.
Capt. Wilks bad the undoubted right "a
hail the Trent. board hor, search her for
articles con.rsbsnd Of war, and finding
such articles take them. the vessel. OF
both OF them into court of Admiralty
for adjudication and condemnation. This
course marked out BY law aud plainly iu.
dica;ed by we'll established interna-
tional usage be failed to pursue. but as.
suming the facts to bs tina. Mason and
Slidsll were subjects Of osption and igno.
ring altogether the tribunal in which the
status Of contraband articles are dotsrmin.
ed according to international law. he for.
"ihlY '"~k ,hsm lsnrn ,ha Trent and hro't
them to Boston. thus placing the Govern
ment technically in the wrong. and fur.
nishing Great Britain legal pretext fol-
demanding their release.
This legal prstsxs our Government wa'
bound 10 respect; lst. because it was righ,
In ils effect and proper and beneficial Ia
us asa general rule; and end, because the
claim made was in exact con niormity viii,
our own established and declared policy
In that behalf.
In 1904, Mr.. Madison. then Secretary
Of Stats under Mr.. Jefferson. upon this
very subject said,
"Whepsvsr property found in q neutral
vessel 10 supposed to be liable on any
ground 10 capture and condemnation, the
rule in all cases is. that the question Shal
not be decided By the captor, bu. be car.
ried before legal tribunal, where q reg
ular trial may be had. and whore the cap
tor himself is liable TO damages for an q
buso Of his power"
How could this Government in the
face Of lie Predetermined policy. insls'
upon its palpable violation in the arrest
OF Mason aud Slidsll?
The greatest objection 10 the proceed
ing Of Capt. WilkS however, 10 the one
hTSt alluded to--his constituting himself
the judge Of international law his iRror
ing The tribunal to which nations by com.
mon consen. have agreed 10 refer such
matters.
The evils incident to the adoption Of
Capt. WilEs conduct aS the established
policy Of DatiOnS. is too patent to nOod
calculation. If Capt. Wilks 10 to copsti.
tu.s himself the Judge Ofwha. is or is not
cOntraband Of war, then any officer Of
any nation is entitled to exercise the samD
discretion. and prize Oour,s aS we'll q, in
tsrua.ional law would be the merest nulli
ty; the seas would be abandoned to the
StrOugss. and private interests 90. a.. ut.
ter defiance.
In whA, wo have said here, We do moi
wish to be understood as jus!ifying Grsal
Britain 10 the course she hes pursued to.
wards this Government. W. By no msanI
iultifn her. The Treni affair minht hnya