The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1862-01-04

sns aad na;ntainine net - exsi.ss vsly Sns'
isl interest, bat An old. honoredt ma -.
:. hcd American caues not upon British -.
thor ties, bat upon principles anas l,,a
a large portion of the distincuss poeJ ~
wh,ch the United States hase siopcu w
re- oarc.. Of >, coatinent, and thus becoming
ecnsidsrnble maritime power, have wen
The re,nect and confidence Of many nations
THESE prin cipiss were laid down Tor us In
1894, by J .mes MadtE n. when secretary o.
fsr, on. in Instructions given to James Mon
Wv. our minister to England. Although the
sss befers him concerned description OF
ne,soss different from those who Arc Incl.
s.on, the ground he assumed then was the
same now occupy, and the arguments by
which he aus tained himself npon II, have
been an inspiration to me In preparing this
reply; ...r. .,r.n.r,v ,ouna IN
neutral vessel is supposed to Be liable on
any ground 10 capture ana condemnation,
the rule In all cases IL that the question
shali not be decided by the captor, but be car
ried before legal tribunal. whore . regular
trial nay be had, and where the captor him
self Is liable to damages for an abuse OF his
power. Can 1t be reasonable. then, or JUST,
that belligerent commander, VINO 10 mus
restricted aud thus responsible in a case OF
mere property OF trivial amount should be
permitted, without recurring to any tribunal
whatever, to examine the crew OF neutral
weasel, to decide the important question OF
their respective allegiance and to csrry that
decision into execution by forcing every indi-
vidual he may choose into a service abhor-
rent TO his feelings, cutting him on from AIS
most tender connections, exposing his mind
and mis- person to the most humiliadng disci-
pine, and his life itself TO the greatest dan.
ger2 Reason, justice aud humanity unite In
protesting against SO exravagant proceed
Ing"
Government, must disavow Its most cher
ishet principle, and reverse and forever
abandon its essential policy. The country
cannot afford the sacrifice. II / maintain
those principles and adhere to that policy. i
must surrender the case itself. 1t will be
seen therefore, that This Government could
not deny the justice OF the claim presen ted TO
us in this respect upon its merits. We are
asked to do the British nation just " hat we
TO US.
The cl aim Of the British Government is not
maze i'll a discourteous manner. Tnis Gov
eminent, since its first organization, has
never used more guarded language In SINH.
lar case.
In coming to my conclusion, 1 have not
forgotten that if the safety Of THIS Union re-.
CURED the detention of the captured persons,
AZ would be the right aud duty OF this Gov.
eminent TO detaln them. But the en- tctual
check and waning proportions Of the existing
Instruction, rs we'll as the comparative I'M
Importance of the captured persons them
selves, when dispassiOnately weighed, hap.
ply vrbid me from resorting to thatdefence
Nor am unaware that American citizens
are not, in any case, 10 be unnecessarily
surrendered, for any purpose, into the Keep.
ing OF q foreign State. only the captured
p+rsJns, however, or Others who are inter
essed in ,nem, could justly raise question
on that ground.
Nor have been tempted at all by sugges-
tons that cases might be found Ia hisAoFy
where Great Bri tail refused 10 yield 10 other
nations, and even to ourselves, claims axe
that watch is now before us. Those CASES
occurred when Great Britain, as well as the
United States, was the home OF generations
which, with AL their peculiar interests ana
passions, have passed away. She could IN no
other way so eneetuaiiy uisaNow any s1en
injury rs We think she dos, by assuming now
as hsr oN-e, the ground upon which we tnen
stood IL would te.i little for our own claims
10 the eharae ter OF u Just and mag
peouie, II We should so Tar consent 10 De
guided by the law OF retaliation, as to hit up
ourla injuries from their graves to oppose
against what national consistency anu the
nailoIal conscience, compel US to regard as
c.slm iutrinsieaily night.
Puiting behind me all suggestions of this
kind, l prefer TO express my satisfaction
that, by the adjustment Of the present case
upon priIciries confsssedly American, and
Yet, as / trust, mutually satisfactory ~ botn
vi the na lions concerned, Il question is mail
ly and rigtly settled between them, which,
heretofore exhausting rot only all forms OF
peaceful discussions, but also the arbitra-
ment Of war itself, for more than half a
century alienated the two countries fiom
each other and perplexed with fears aud ap-
prehensions al other Aauons.
The four persons in question are now held
in military custody AZ Fort Warren, in the
state of Massachusetts,. They will be cheer
fully liberated Your Lordship will please
indicate q tune and place tor receiving
them.
laval myself Of this occas ion to offer to
your Lordship a renewed assurance Of my
very high consideration.
WILLIAM II. SEWARD
Lord Lyons to Mr.. Stward.
WAsHISsroS, Dec. 81, 1861.
Hon. Him. II. Semard, &c, &C.:
SIR II have this morning received the note
which you did me the honor to address to me
Yesterday, in answer to Earl Russell's dis
patch of the 30th November last, relat tive to
the removal Of Mr.. Mason, Mr.. Siidell, MIR.
Macfarlane, ard MIR. EustiS from the British
mail packet Trent.
will. without any loss Of time, forward
to Her Majesty's Government a copy OF the
important communication which yon have
made to me.
will. also, without delay, do myself the
honor to confer with you personally on the
arrangements to be made for delivering the
four gentlemen to me, in order that they may
again be placed under the protection OF the
British flag.
have the honor to be, with the his hest
consideration, sir, your most obedient hum.
BILE servant, - LYONS.
NJ. ThoneenCt to NJ. M9cir.
(Translation.)
ADMINISTRATION OF FOREIGN AFFAIRsl
Political Departm't, Paris, Dec. S, 1851.
Sir: The arrest Of MessienIs Mason and
Slidell on board OF the English packet Trent
by an American cruiser, has produced in
France, if not the samePmotion as in Eng
land, ut least extreme aston ishment and SEN
s1tion. Public sentiment was at once en-
crossed with the lawfulness and the conse-
quence Of such an act, and the impression
which has resulted from this has rot been
for an instant doubtful.
The fact has appeared SO much out of &C.
coydauce with the ordinary rules of interna
tioual law, that it has chosen to throw the
RESPONSE bility for it exclusively on the com
mander OF the san Jacinto. 1t is not vet
given 10 US to know whether this suppose
ton Is well founded, and the Goyernme emit of
the Emperor has therefore. also had to exam
inc the question raised by the taking away Of
the two passengers from the Trent. The de-
sire to contribute to prevent q conflict, per-
haps imminent between two powers, for
which it il animated by sentiments equally
friendly, and the duty to uphold, for the pur-
pose OF placing the right OF its own flag under
shelter from any attack, certain principles es-
septial TO the security OF neu trails, have, after
mature reflection, convinced it that it could
nor, under the circumstances, remain entirely
silent.
II, 20 our deep regret, the Cabinet at
Washington were disposed to approve the
conduct of the Comm ander of the San ia.
cint3, it 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 b. q
forgetfulness extremely annoying. Of prin-
ciples upcn which we hayeulways found the
United States in agreement with us.
BY what title in effect would the Ameri-
can cruiser, in the first case, have arrested
Meson and SlidelIr The United States have
admitted with us. in the treaties concluded
between the two coun tries, that the freedom
of the flag extends itself over the persons
found on 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 Slidsll were,
theretcre, by virtue Of this principle, which
w a hav q never found any diflculty In cans.