Marshall County Republican. (Plymouth, Ind.) 1856-1878, 1862-01-09
to be, under full head of steam, as i

| 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 respe tful and courte-
ous. though decided manner. and he asked
the captain Of the Trent to show his pas
senger list, which was refused. The Lieu
tenant, as we are informed. did not employ
absolute force in transferring the passen-
gers, but he used just so much as was ne
cessary to satisfy the parties concerned that
refusal or resistance would be unavailing
I So, also, we are informed that the Cap
tain Of the Trent was not at any time or in
any way required to go on board the San
Jacinto. tA '
These notifications Of the case as pre-
sented by Commander Williams are based
upon our official reports.
/ have now to remind your lordship of
some facts which were doubtless 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 salts
factory to this Government. These facts
! are, that at the time the transaction occur
red an insuriection was existing in the
United States which this Government was
engaged in suppressing 10y the employment
I.of land and naval forces; that in regard to
this domestic strife the United States con-
silcred Great Britain as q friendly Power.
while she had assumed for herself the po-
sition of a neutral and that Spain was
considered in the same light and had as
sumed the same attitude as Great Britain.
1t had been settled by correspondence
that the United States and Great Britain
mutually recognized as applicable to this
local strife these two articles of the decla-
ration made by the Congress in Paris in
1856, namely, that the neutral or friendly
flag should cover encmy's goods not con-
ltraband Of war, and that neutral goods not
contraband of war are not liable to capture
under an enemy's flag. These exceptions
of contraband from favor were a negative
acceptance by the parties of the rule hith-
erto everywhere recognized as a part oi
the law of nations. that whatever is contra
! band is liable to capture and confscatiou
in all cases.
James NJ. Mason and E. j. Mcfarland
are citizens CT the United States and resi-
dents of Virginia. John Slidell and George
Eustis are residents of the United States
and citizens of Louisiana 1t was well
known at Havana when these parties en-
barked in the Trent that James NJ. Mason
was proceeding to England in the affected
} character Of Minister Plenipotentiary to
the Court of ST. James under pretended
commission from jeff. Davis. who had as
sumed to be President of the instruction.
AIRY party in the United States. and T.. j
Mcfarland was going with him in like un-
real character OF Secretary of Legation to
the pretended mission. John Slidell, in
similar circumstances. was going to Paris
as pretended Minister to the Emperor ol
the French. and George Eustis was the
chosen Secretary Of Legation for that sim
ulatcd mission. The fact that these per-
sons had assume such characters has since
, been avowed by Jefferson Davis in pre-
tended message to an unlawful and insur-
, rectionary Congress. 1t was. as we think,
} tightly presumed that these Ministers bore
pretended credentials and instructions, and
such papers are in the law known as dis.
patches. We are informed by our Consul
, at Paris. that these dispatches, having es-
; capei the search Ole Trent were actually
J conveyed aud delivered to emissarics Of the
; insurrection in England. Although it j,
not essential, yet it is proper to state, as
do also upon information and hAii:ef tha
the ''wner am. agent. and all the Sneer,
Of the Trent. ::aciuding the Commander
Williams. had knowledge Of the assumed
. characters and purposes of the persons be
e fore named when they embarked on tha
: vessel.
Your lordship will now perceive tha
!. the case before us. instead of presenting
e merely fragrant act of violence on the par
4 Of Capt. Wilkes. as might we'll be inferre,
I from the incomplete statement OF it tha
T went up to tho British Government. wa
$ undert aiken . simple legal and customa
/. ry belligerent proceeding by Capt. Wilke
: to arrest and capture neutral vessel en-
= gagged in carrying contraband Of war for tn
: use and benefit Of the insurgents.
= The question before us is. whether thi
: proceeding was authorized by and con
Quoted according to the law of nations
Y 1t involves the following inquiries: 2'i
). 1st Were the persons named and thei
b supposed dispatches contraband Of war?
! 2l. Might Capt. Wilkes lawfully stoI
and search the Trent for these contrsban,
persons and dispatches? ism 2 'ifab
G 20 81. Did he exercise that right III law
$ ful and proper manner? sse si.as
= 4th. Having found the contrsbsnd per
sons on ,oard and in presumed possessio,
OF the contraband dispatches, had he