Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1862-01-08
NJ. THOUYENEL TO NJ. MERCER.
Translation.O

POLITICAL DEPARTMENT, PARIS, Dec. 3, lt6l. )
SIR: The arrest of Messieurs Mason and Sldell on
board of the English packet Trent by an American cruis-
er, has produced in France, if no. the same emotion as in
England, at least extreme astonishment aud sensation.
Public sentiment was at once engrOssed with the lawful
ness and the consequence Of such an act, and the impress
sion which has resulted from this has not been for an in
slant doubtful.
The fact has appeared so much out of accordance with
the ordinary rules OF International law, that it has chosen
10 throw the responsible lily for it exclusively on the com
mander OF the San Jacinto. It is not yet given TO us to
know whether this supposition il well founded, and the
government of the Emperor has, therefore, had 20 exam
Inc the question raised by the taking away of The two
passengers from the Trent. The desire to contribute to
prevent q conflict perhaps imminent between two pow
es, tor which it is animated by sentiments equally
friendly, and the duty TO uphold, for the purpose Of
placing the right OF its own nag under shelter from any
attack, certain principles essential to the security Of neu-
trails, have after mature reflection, convinced it that It
could not under the circumstances, remain entirely
silent.
Il, to our deep regret the Cabinet at Washington were
disposed TO approve the conduct OF the commander Of
the San Jacinto, it would be either by considering Messrs.
Mason and Shdell as enemies, or as seeing in them moth
ing but rebels. In the one as in the other case there
would be a forgetfu ness extremely annoying, Of prnci-
pies up0n which we have always found the United States
in agreement with us.
By what title in effect would the American cruiser, in
the frst case, have arrested Mason and Shdell The
United States have admitted with Us, in the treaties con
cluded between the two countries, that the freedom Of
the flag extends Itself over the persons found OF board,
should they be enemies of one Of the two parties, unless
the question is Of military people actually in the service
Of the enemy. Messrs. Mason and Shdell were, there
fore, by virtue of this principle, which we have never
foudd any difficulty in causing to be inserted in our
treaties of friendship and commerce, perfectly under the
neutral flag Of England.
Doubtless il viii not be pretended that they could be
eontraband Of war. That which constitutes contraband
Of war is not yet, il is true, exactly settled The limjta-
tons are not absolutely the same for all the powers but
in what ,slates to persons, the special stipulatoHs which
are founi in the treaties concerning military people de
fine plainly the character Of those who only can be
seized upon hy bellgereutsi but there is no need to
demonstrate that Messrs Mason aud Slidel coud not be
assimlated 70 persons in that category. There remains,
therefore, 10 invoke. in explanation Of their capture, only
the preteNt that they were the bearers OF official dis
patches FROM the enemy but this is the moment to recall
a circumstance which governs all this affair, and which
renders the C nduct of the American cruiser unju-iiabe.
The Trent was not destined TO a point belonging 10 one
Of the belligerents She was carrying to a neutral eOun-
try her cargo and her passengers, and moreover Il was
in q neutral port that they were taken II il were
admssb-y under such conditions, the neutral flag does
not completely cover the persons and merchandise It
carries, It's immunity would - nothing more than an Idle
word at any moment the commerce aud the navig8 ion
Of third powers would have to suffer from their Innocent
and even their indirect relations with the one or The other
Of the belligerentS These last would no longer find
themselves ~ having only the right to expect from the
neutral entire impdTtiality, and to interdict all informed
ding on his part in acts Of hostility. TheF would
impose on his freedom Of commerce. and - ization
restrictions which modem International law h4@teiused
70 admit as legitimate And we should, in a word, fall
back upon vexatous practices, against which, in other
epochs' no power has more earnestly protested than the
United States.
If the Cabinet at Washington would only look On the
two persons arrested as rebels, whom it is always lawful
10 heLEes LWc 4ItauJll y place II on OE4tF EfOuhur Culil
not be solved, however, in any sense in favor Of the com
mander Of the San JacintO. There wOuld be in sueh case
misappTehensians Of the principals which makes a vessel
a portion Of the territory OF the ma ion whose flag il
bears, and VIC All II Of that immunity which prohibits d
foreign sovereign, by consequence, from the exercise Of
his jurisdiction 1t certainly is not necessary TO recall 10
mind with what energy, under every circumstance, the
government Of the United States has maintained this i'm
munitYr and the rghtof ~hieh Is theconsequenee
Of il.
Not wishing to enter upon a more deep discussion Of
the question raised by the capture of MsssTs. Mason and
Slidell, have said enough, / think, to settle the point that
the Cabinet az Washington could not, without striking a
blow at the principles which all neutral nations are alike
interested in holding in respect. nor without taking the
attitude of contradiction OF its own course up to this
time, give its appreciation 10 the proceedings Of the com
mander Of the San JacntO. In this state Of things, il
evidently s%hOuldnotr according TO our views, hesitate about
the determination 10 be AIKEN.
Lord Lyons is already instructed TO present the de
mand for satisfaction, which the English Cabinet is under
the necessity Of reducing TO form, and which consists in
the immediate release OF the persons taken on board the
Trent, and in sending explanations which may take from
this act its offensive character towards the British flag.
The Federal government viii be inspired by : Just and
exalted feeling in deferring to these requests One would
search in vain to what end, for what interest, it would
hazard or provoke by different attitude a rupture with
Great Britain.
For ourselves, we should see in that fact a deplOrable
complication in every respect Of the dinicu ties with
which the Cabinet at Washington has alre 4dy to struggle,
and a precedent Of a nature seriously to disquiet all the
powers which continue outside Of the existing contest
We believe that we give evidence Of loyal friendship for
the Cabinet Of Washington by not permitting il to remain
in Ignorance Of this condition Of things, Of our manner Of
regarding it. Irequest you, therefore, sir, TO seize the
first occasion Of opening yourself frankly 10 Mr.. Seward,
and, if he asks it, send him a copy OF this dispatch.
Receive, sir, the assurance ofmy high consideration.
THOUVENEL.
Monsieur HENRI MERCER, Minister Of the Emperor az
Washington.