Civilian & telegraph., 1862-01-02
Important News!
THE TRENT AFFAIR!
The Difficulty Settled!
Mason and Slidell to be Given Up!


Saturday gives the correspondence had be-
tween the Governments of Great Britain and
of the United States in relation to the ques-
tion of international law raised by the pro-
eeedng of Capt. Wilkes in taking from the
British steamer Trent Messrs. Mason, Sill
dell, Macfarland, and Eustis. They also give
a copy of the representations made on the
same subject by the Government of France,
together with the reply of Mr.. Seward in
answer to these representations.
Earl Russell, her Britannia Majesty's Sec
retary of State for Foreign Affairs, after re-
citing the circumstances under which he un-
derstcod the capture Of these parties to have
been made, proceeds to characterize it as an
outrage on the British flag, and, after ex-
pressing the hope and belief that it had not
been authorized by our Government, asks, as
the reparation appropriate to such an ag-
gression, that the four gentlemen designated
should be released, and that sn apology
should be given for what the government of
Great Britain deems an affront to her flag.
In responding to this demand, Mr.. Sc
ward, the Secretary of State for the United
States, after reviewing the circumstances un-
der which the arrest was effected, according
to the report of our naval officers, and thus
developing the inaccuracies and omissions of
the British statement, proceeds to analyze
the facts and the principles Of public law
involved in the case, and arrives at.the con-
ciusion that the neglect of Capt. Wilkes,
partly voluntary as it was or his part, to
bring the Trent in for trial as lawful prize.
may be justly held to operate as forfeiture
of the belliserent right Of capture accruing
under the law of nations, and that the Gov
ernment vf the United States, as well from
this consideration as in consistency with its
own traditional policy respecting the mari
time rights of neutrals, would be in its own
wrong if it should refuse a compliance with
the British demand so far as relates to the
disposition that shall be made Of the persons
taken into custody by Capt. Wilkes under
circumstances believed to be Justly open to
exception on both the grounds thus indcat-
ed. So far as regards the apology" asked
by the British it will be observed that |
none is rendered, because a simple statement |
of the facts, as they are, suflices to show
that no offence could have been intended on
the part of our Government, as it had given
no Instructions whatever in the premises,
while the proceeding of Capt. Wilkes, in so
far as it fails to enure to the benefit of his
Government and to conform to the rules of
public law, was dictated by considerations
of kindness and forbearance, for which GER
tainly no "apology' is due to the British
We learn that the decision of the Pres- !
dent in this affair, as announced and ex- !
planned in the lucid despatch of Mr.. Sc
ward, has the approval Of every member of
the Ca abinet, and, .whatever may be the dis
appointment Of any at the result to which !
the Administration has come in settling
question constitutionally devolved upon the
Executive bPnch OF the Government, we are
sure that all will applaud the firmness and
sincerity with which the Administration, re-
sisting natural tendency impressed by the
conceived drift of public opinion in our
has resolved to do what it believes
to be right in the promises. And it surely
should "give pause" to all who may be dis
posed to challenge the propriety Of the res
olution to which the Administration has
come, when they note that a contrary de-
cision would leave us in opposition not only
to the views Of Great Britain. but also to
those which the Government of France an
nounces respecting the principles of public
law involved in this transaction.
The latter Government, in making the de-
claration it does, under this head is not
open to the suspicion of being animated by
any unfriendly sentiment, or by the vindic-
tive feeling which may be imputed to the
British Government in making a demand
while as yet smarting under conceived in.
suit to its flag. Least of all can the Gov
ernment of France be supposed to act in
to any considerations extrinsic |
to the international aspects of this case as
one of public law important to all maritime |
Powers, since we find NJ. Thouvenal merely
from the traditions of our past
history the determination to which our Gov
had como in advance Of receiving
the representations which the Government
of France conceived itself called to make in
the interest of the law of nations.
1t will not be forgotten by the attentive
reader of this journal that while seeking to
show, as we have done. that the act of Capt. |
Wilkes was just6able according to the Brit
ish precedents We have at the same time ad-
mitted that there were grave reasons to doubt
whether, in consistency with the construc-
ton heretofore placed on the international
code by the United States, our Government
would be able at all points to defend the
1t appears that the Administration, dis
carding all justification that might be de-
rived from ancient rulings of the British