Santa Fe gazette. [volume] (Santa Fe, N.M.) 1859-1864, 1862-02-01

OomnlsslonerS considering had obtained the
important end had IN view, and which affected
ihe interest Of our country and interrupted the
action that Of the Contederates"
shall consider first, how these reasons ought
to affect the action Of this Government; and sec.
ondly, how they ought to bs expected to affect the
action Of Great Britsian. The reasons ora satis
factory ia this Government so far as Capt Wilkes
is concerned. 1t could not desire that the san
Jacinto, her officers and crew, should be exposed
to danger and loss by weakening their number to
detarll prize crew to 90 on board the Trent
Still less could it disav0w the humane motive Of
preventiug Inconvenience, losses and perhaps
disasters, to the several hundred innocent passsn.
gers found on board the prize vessel Nor could
TINS Government perceive any grorni for question.
ing the fact th.t these reasons though apparently
incongruous, did operate in the mind Of CAPT.
Wilkes, aud determined him to release the Trent,
Human actions generally proceed upon mingled
and sometimes conflicting motives. He measured
the sacrifices which this decision would cost 1t
reydlaf'lS- however. did not occur to him that
calls them Of his officers and crew, their might
also possibly be sacrifice even of the chief and
public object Of his capture, namely, the right of
| his Government to the custody and disposition
Of the captured persons. This Government can.
not censure him for his oversight. 1t copfesses
that the whole subject came uniorseen upon the
Government, as doubtless it did upon him Its
present convictions on the point in question, are
the result OF deliberate examination and deduction
now made, and not any impressions previously
formed. M .H.H H.HHar. ....'
Nevertheless. the question now is, not whether
Cant Wilkes ia justified in what he did but what
The present view Of she Government as to the
effect Of what he has done. Assuming now. for
orynments sake onlv that the release Of the T-snt
if voluntary involved a waived of the claims Of
the Government to hold the captured persons ths
United States could in that case have no besita.
lion in saving that the act which has thus already
been ppproyed by the Government, must be allow.
cd To draw lis LEGAL consequence after H. II IA Of
ths yerv nature Of pift of charity that the civ.
er cannot after the exercise Of his beneyoepce is
mast recall or modify ts benefits. r. ,.1
We are thus brought directly TO the oueston
wheth.r wa ara entitled to reoarG the relansa NJ
ths Trent os involuntary or whether we ara obIig'
ed ia consider TINT II was voluntary. Cleorlv tbe
rolsose 40 woulj have been involuntary had Il bean
mada solelv unon the first ground assigned ror Il
hv Cant Wilkes npmelv. want of n snfGciont
Grea to send the nrzp vessel into mort fl, adirdi
cation, Iii. not the duty of a cantor TO hazard
bia own vnssel in order to secure iudicial even.
;na,ion ,o tho contursd Marty M larga nri,a
crew however Il legally necessary for # il tbe
du,v of the captured party to acouiesce and po
Willingly before the tribunal to whose Jurisdiction
II anneals If the caplured party ip3,cata nur.
noses to en,plov means Of resistance, which tho
contor cannot with probable safety to bimself
overcome he NAV properly leave the vessel tn 90
fnrword and reiiher sbs nor the State sbe rama.
sants can aver alterward iustv object that tbe ca
tor depriyel her Of the judicial remedy 10 which
sho was untitled. u ftrrB1. IA ,.I -'-,
But the second reason assigned bv Canaan
WILKES for RELEASING the Trent differs from tba
Grst AZ hest, therefore II must be held that /,
Cantain Wilkes. as he EXPLAINS himself acted fran,
chmhined sentiments of prudeuce and qenerositv
and AZ that the release Of the przc vessel was n.t
strictly necessary or involuntary iaa''l'
SECCsDLY-Ho ought we to expect these ex.
plantations by Captain Wilkes Of his reasons for
leaving the capture incomplete, to affect the action
Of the British Government, lbe observation upon
ths point wneil urS. occurs Is, tnat oaptan
1es eAP"u.,o"i & "u.o NV u 'auu N.Y. ~ iuo au'no'
hs v0 ,hsv sV uipt have opnroved and taEsn thu
rasase 1 I'M mon the condition of waving n iujicial
Investigation Of the whole transaction, Or they
might have refused to accept the release upon tlat
condition. 60. 90 l.gl l., . ~ sy,a
But tho case IS one not with them but w.h the
BRUSH ootsneh. w. ru,,a ta. VIZ, Irea. eau
p o. 0TS. Ga"o"ss % vna "t ieosad " ,ns ps %
nJo v U'y vessel out of consideration for her iuno
cent passengers do not see how she is to be bound
to acquiesce IN the decision which was thus made
by us, without necessity On our part, and without
knowledge of conditions or consent on her own
The question between Great brta'n and ourselves
taus sde Suu' W ha pOn"oSaa INV ~ au
ar0 m Or orI vors nv shown bv ma tn hsr If ,hs vsns
Of % which avors on both Sides We ourselves shalI
be the Judge. OF course the United States could
have no thought Of raising such question in any
case. I.as.el ...tg. ..r... ...t
trust l have shown, to the satisfaction
of the British Government by q ve'y sim.
pie and natural statement Of the facts, and
analysis Of the law applicable to them,
5 that this Government has neither, prac-
ticed, nor approved any deliberate wrong