The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1856-1888, 1862-02-06
THE PACIFIC
Commercial Advertiser.
THURSDAY, FEBRUARY G.

\, FEBRUARY U.
The news received from America by the last
mail packet, announcing the release of the cap
tured rebel Commissioners Mason and Slidell
has turned all eyes thither, and filled most
Americans here not simply with amazement,
but with the keenest modification and chagrin.
At first, the news was received here as it was
in California with many doubts, and treated as
a telegraphic cGndrd. but a closer comparison
of dates leaves no room to doubt the truth of
the report. The record appears as follows
Dec 21-LOrd Lyons first official dispatch on this matter was
received by the L. ;. Government.
Dec. rs or 26.-Gen. Scott returned from France in great
haste. and proceeded without delay to Washington
act on the part Of the government denying that any orders had
been given to Capt, MiiEes 70 make MAKE t ss arrest s,s stating II, that he h
rebel commissioners would be released "in order that the prin-
eipes which the American Government has always cOntended
Jan. The rebel commissioners we're placed on board the
British gun-boat RipaIdo and left Providence the same day for
England or elsewhere.
The above is a brief history of the affair as far
as it has come to hand. So cOrroborative is the
evidence, that, although consisting only of short
kilograms, we cannot doubt that the release has
been made. Neither the position assumed by
the British Government, nor the reasons on
which the surrender is made Except the short
one noticed above) have as yet come to hand.
This case involves principles of international
law, SO important that the violation of them
(f such violation had taken place and been
sanctioned could only result in war between
the parties interested
As the question is an unusually interesting
one, it may not be amiss to drop our local poll
tics for the nonce, and look into it, for it is a
subject which should be we'll understood, espe-
cially in this part of the world. in the event of
- ri
points of public law involved in the boarding of
he British mail steamer Trent, and in the forced
seizure of Mason and Slidell, as stated III the
LnteHigenoer of Washington, are these
! The right q visiting AMI searching merchant ships on the
tons, IS an incontestbie right Of the lawfully commissioned
night, ESSENTIAL TO the capture Of enemy. property and tile dis
e0very Of eon;raband Of war on board Of neutral vessels, it Is,
its very .Iiure and definition, incompetent to a state Of
peace, bat sccTues to each beIhgerent on the outbreak Of war.
.r. q di.pSitses. and disps..ehes .hrInseIres. is d the same na-
ilre With the Carrying Of coniaband goods, and vessel 50 en-
gagged in the service of ore bellseient Is subject to capture and
.. A bsriscrrnt may lawfully arrest an ambassador Of the adj
verse beiisrrent, Il found at sea in a neutral vessel on his pass
age, and therefore before he has arrived in the neutral country,
10 which he Is accredited. But, when he has arrived and been
admitted in his Official relation, he is protected by his represen-
-aiive and International character.
/ The fact that the voyage Is made to n neutral port does not
{ war-ine:aiiur, Of course, military persons, dispatches. and
h-ir bearers-is "unl on a neutral vessel.
Inc above represent the case as NJ appears TO
been viewed by the American public, but 1t
not probably fully cover it as viewed by the
Government, and later adyices will show
hat there is another very important point of
,ublic Law involved in it, which we may state as
OllUws:
S. The right Of visit and search % vessels Of a semi-nationaI
saraeter, such rs arr the mail Steamers on most % the British
iail rOuies, which become national war vessels On the cano Of the
Jyernment-
There can be no question regarding the right
{ search, by belligercnts, of private merchant
iips belonging to n~eutrals, whenever it is deem
/ necessary to protect the rights of either party
1gaged in war. England has always sought to
further, claiming the right to visit ships of
ay deem it necessary, as was illustrated some
since in the case of Thomas F.. Meagher, !
le Irish reyolutionist, sentenced for life to a 1
nal settlement, from which he escaped. The
vessel on which he took passage, was
arded by an English cruiser and thoroughly '.
arched, though the escaping convict was not =
The matter was brought to the cog :
zance of the American Government, but she !,
ok no official notice of it at the time. :
1t is against this right of in~discriminate search r
American vessels in time of peace, that the h
nerican Government has firmly and warmly s,
and we believe the English Govern s,
mt has finally though reluctantly abandoned c.
so that virtually it has become an establish fr
public law that no nation can with impunity