Belmont chronicle. [volume] (St. Clairsville, Ohio) 1855-1973, 1862-01-09

SO also we learn that the Trent was not
approaching the San Jacinto slowly when
the shell was fred across her bows, but, on
the contrary, the Trent was, or seemed to
be, moving under full head Of steam, as
if with purpose to pass the San Jacinto.
1 We are informed also that the boarding
officer (Lieut. Fairfax did not board the
Trent with a large armed guard, but he left
his marines in his boat when he entered the
! Trent. He stated his instructions from
} Capt. Wilkes to search for the four persons
} named in respectful and courteous, though
decided manner, aud he asked the captain
OF the Trent to show him his passenger list
which was refused. The lieutenant, as we
are informed, did not employ absolute force
in transferring the passengers, but he used
, just so much as was necessary to satisfy the
, parties concerned that refusal or resistance
|, would be unavailing.
: SO, also, we are informed that the Captain
: Of the Trent was not at any one time or in
: any way required to go on board the San
Jacinto.
These notifications of the case as present.
ed by Commander Williams are based upon
our official reports.
/ | have now to remind your lordship of
some facts which doubtless were omitted
by Earl Russell, with the very proper and
becoming motive of allowing them to be
brought into the case, on the part of the
United States, in the way most satisfactory
to this Government These facts are, that
at the time the transaction occurred an in
surrection was existing in the United States
; which this Government was engaged in sup
pressing by the employment of land and
, naval forces; that in regard to this domestic
strife the United States considered Great
Britain as friendly Power, while she had
assumed for herself the attitude of a neutral;
/ and that Spain was considered in the same
light, and had assumed the same attitude as
Great Britain.
1t had been settled by correspondence that
the United States and Great Britain mu-
taally recognized as applicable to this local
strife these two articles of the declaration
made by the Congress of Paris in 1856,
namely, that the neutral or friendly flag
should cover enemy's goods not contraband
of war, and that neutral goods not contra
band of war are not liable to capture under
an enemys flag. These exceptions of con-
traband from favor were a negative accept
ance by the parties of the rule hitherto every
, where recognised as part of the law of ma
! tons that whatever is contraband is liable
= q TO capture and conf ,cstion in all cases.
James NJ. Mason and H. j. Mcfarland
! ! are citizens of the United States and resi-
a dents of Virginia. John Slidcll and George
= Eustis are citizens of the United States and
. residents of Louisiana 1t was we'll knowr
a at Havana when these parties embarked il
. > the Trent that James NJ. Mason was pro
r ceeding to England in the affected character
, Of Minister Plenipotentary to the Cour
= Of 81; James, undsr pretended commission
= from Jefferson Davis, Who had assumed
4 to be President of the insurrectionary party
in the United States, and +. j. Mcfarland
Z was going with him in like unreal charac
q ter of Secretary Of Legation to the pretended
. Minister to the Emperor of the French
a mission. John Slidell, in similar circum
a stances, was going to Paris as pretended
n and George Eustis was the chosen Sccretory
i of Legation for that simulated mission. Tn,
= fact that these persons had assumed sucf
- characters has been SINCE avowcd by thu
q same Jefferson Davis in pretended message
4 to an unlawful and insurrectionary Congress
a 1t was as we think, rightly presumed tina
" i. these Ministers bore credentials and instruc
4 tions, and such papers are in the law know
h as dispatches We are informed by ou
:. Consul at Paris that these dispatches, bavin.
escaped the search of the Trent, we're ac
tually conveyed and delivered to emissarie
y of the nsurrection in England. Although
it is not essential, yet it is proper to state las
a do also upon information and belief, that th
% % owner and agent and all the officers of tn
N N Trent, including the Commander Williams
y >. had knowledge of the assumed character
= and purpose of the persons before nance
j when they embarked on that vessel
- Your lordship will now preceive that tn
az case before us, instead of presenting mere
y ly fragrant act of violence on the part OF
10 Capt. Wilkes, as might be inferred from tn
~ y, incomplete statement of it that went up +
at the British Government, was undertakes
+ as simple legal and customary bellgeren
n proceeding by Capt. Wilkes to arrest an
N capture neutral vessel engaged in carryin,
70 contraband of war for the use and benefit o.
10 the insurgents.
in The question before us is, whether this pro
;" ceeding was authorized by and conducte
,t according to the law of nations. 1t involve
i the following inquiries:
~ lst Were the persons named and thei
u supposed dispatches contraband of war?
I'd. Might Captain Wilkes lawfully sto
# f. and search the Trent for these cohtraban
h persons and dispatches?
~ - 3D.. Did he exercise that right in lawft
!, y. and proper manner?
= 4th Having found tha contraband persons O
y, hoard and in presumex nosses ssiou of. the cet