Daily Ohio statesman. [volume] (Columbus, Ohio) 1855-1870, 1862-01-03

high consideration.
MR.. THouvENEL TO MR.. MRRoIER. n
[rRANsLATIoN 6tB
ApMikIsrRArIoN OF FoEEIoN AFFAIRs,)
PoLrrIoAL DEPARTMENT., PARIS, Dec. 3, lS6l.i
Sin: The arrest of Mesaieurs Mason and Sill
dell, on board the English packet, Trent, BY an
American cruser, has produced In France, II
not the same emotion as In England, at least
extreme astonishment and sensation. Public
sentiment was at once eDgrossed with the law
fuIness and the consequence Of such an act, and
the impression which has resulted from this has
not been for an instant doubtful
The fact has appeared 90 much out OF ac'
cordance with the ordinary rules Of interna-
tional law, that II has chosen to throw the re-
sponsibility for IL exclusively on the commander
Of the San Jacinto. Il is not yet given ne to
know whether this supposition Is well founded
and the government Of the Emperor has, there
fore, also had to examine the question raised
by the taking away Of the two passengers from
the Trent The desire 10 contribute 20 prevent
a conflict, perhaps imminent, between two pow
ere for which Il is animated by sentiments
equally friendly, and the duty to uphold, for the
purpose Of placing the rights OF its own flag
under shelter from any attack, certain princi-
ples essential 10 the security OF neutrals, have,
after mature reflection, convinced 1t that ID
could not, under the circumstances, remain en-
tirely silent ~
II, to our deep regret, the Cabinet at Wash.
ington were disposed to approve the conduct Of
the commander of the San Jacinto, IL would
be either by considering Messrs. Mason and
Slidell as enemies, or as seeing in them nothing
but rebels. In the one as in the other case
there would be a forgetfulness, extremely an
noying, of principles upon which we have al
ways found the United States in agreement with
US. ..
BY what title in effect would the American
cruiser, in the first case, have arrested Meesfs,
Mason aud Sldell7 The United States have
admitted with us, in the treaties concluded be-
tween the two countries, that the freedom OF
the Gag extends itself over the persons found
on board, should they be enemies OF one of the
two parties, unlts, the question Is of military
people actually in the service oi the enemy.
Messrs Mason and Slidell were therefore, BY
true OF this principle, which We have never
found any difficulty in causing to be inserted in
our treaties Of friendship and commerce, per.
fectly at liberty under the neutral flag Of Eng
land. Doubtless il will not be pretended that
they could be considered ss coDtraband of war.
That which constitutes coDtraband OF war 10
not yet, it is true, exactly settled, the limita-
tions are not absolutely the came for oil the
powers; but in what relates to persons, the
special stipulations which are found in the treat
les concerning military people define plainly
the character of those who only can be seized
upon by belligerents; but there is no need 10
demonstrate that Messr,. Mason aud Slidel
could not be Assimilated TO persons 10 that cate
CORY. There RENAME, therefore, to invoke, in
explanation of their capture, only the pretext
that they were bearers Of official dispatches
from the enemy; but this is the moment to re-
call circumstance which governs all this affair,
and which renders the conduct of the American
cruiser unjustfable.
The Trent was not destined to point belong
ing to one Of the belligerents; sine was carry
ing to a neutral country cargo and her passen-
gers, and moreover it was in neutral port that
they were taken. If it were admissible that
under such conditions the neutral flag does not
completely cover the persons and merchandise
1t carries, its immunity would be nothing more
than an idle word; at any moment the commerce
and the navigation of third Powers would hs We
to suffer from their innocent and even their in
direct relations with the one or the other of the
belligerents These last would no longer find
themselves as having only the rights to exact
from the neutral entire impartiality, and to in
terdict all intermeddling on his part in acts of
hostility. They would impose on his freedom of
commerce and navigation restrictions which
modern International law has refused to admit
as legitimate; and we should, in word fall
back upon vexatious practices against which, in
other epochs, no Power has more earnestly pro-
tested than the United States.
Il the Cabinet of Washington would only look
on the two persons arrested ss rebels, whom Il
l.. vf IN oaf1n the oua auffou IN Mi m
it on other ground, could not be solved, however,
in sense in favor Of the commander of the San
Jaointo. There would be, In such case, misap-
prehension of the principle which makes ves-
sci portion of the territory Of the nation whose
flag itbears and violation of fthatimmunity which
prohibits foreign sovereign, by consequence,
from the exercise of his Jurisdiction.
II certainly is not necessary to recall to mind
with what energy, under every circumstance, the
Government Of the United States has maintain
ed this immunity, and the right of asylum which
is the consequence Of it.
Not wishing to enter upon more deep dis
cuseiou Of the question raised by the capture OF
Messrs. Mason and Slidell, have said enough,
think, to settle the point that the Cabinet Of
Washington could not, without striking blow
at the principles which all neutral nations are
alike interested In holding in respect, nor with
out taking the attitude of contradiction Of ita
own course up to this time, give its appreciation
to the proceedings Of the commander of the
San Jacinto. In this state of things, it evident
ly should not, according to our views, hesitate
about the determination to be taken.
Lord Lyons is already instructed to present
the demand for satisfaction which the English
Cabinet is under the necessity of reducing to
form, and which consists in the immediate re.
lease of the persons taken from on board the
Trent, and in sending explanations which may
take from this act It's offensive character toward
the British flag. The Federal Government will
be inspired by just and exalted feeling In de-
ferriDg to these requests. One would search in
vain to what end, for what interest, it would
hazard TO 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
difficulties with which the Cabinet Of Washing
ton has already to struggle, aud precedent Of
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 it to remain in ignorance, In this
condition of things, of our manner of regarding
it, request you, therefore, sir, 10 seize the
first occasion of opening yourself frankly to
Mr.. Seward, and, II he asks it, send him copy
of this dispatch.
Receive, cir, the assurance Of my high con.
sideraton. = THOUVENEL.
Monsieur HENRI MERCER,
Minister of the Emperor at Washington.