Daily Richmond Whig. [volume] (Richmond, Va.) 1861-1862, 1862-01-04

ay ru7s hear the complaint Of the neutral or 10 re-
d,Es In that case the very act Of capture would be
~ &C. Of var a. bsgui uthous notice aHapossbiy
vi.b5u. proy0cli,u. l tlilk sn unpr ldiced minds
vii agree thAi iuperfec: the e1is.isg liiealremedy
rn+y b. supposed De- IL would be a general prac-
tic oe.er 10 follow iJ than TO sdop. the slmmsry one
c ssv1g tos decision with the eap;or and rsying up
o. dpomatc dsol,es 10 review hij decision. Praeti-
civ l. il question o. choice between Las with is I'M
psr!s,:ious AID deAys and with It's evils aud desc
h,ioas Nor Is k ewes % be forgotten tie, neutrality
honestly and justly preserved IS always the hsr6i1ger oil
peace and, therefore Is the common inere OF nators
Which only saying that it Is the interest OF humanity
Itself
AZ the same time It is DO. to be denied that it may
slmsimes hAppen, that the 1dcill remedy vii become
mpossblc a. By the shipwrsek Of the pize vessel or
osr circumstances which the csp,or from send
ing or taxing her into port for co1fscAtOn. Iu such
cas-, the ghs Of tie ciptor 20 the custody Of the capu
ci persons sad to 6lp0ss Ct hem il they really eon
rabald so s 70 defeat their unlawful purposes, eInnot
reasonably be denied. What rule shall be applied TO
such elssg Clearly the eaptor ought 20 ba required
q show that the failure Of the judicial medy, results
from crcus aaces OevOrd he o9otrol aud without bis
fu othsrSse b. wcui % snoEsd 10 dsrise advantage
iroGl a Wroogfcl sct CT bis owa
la the present eEss, C'p-an Wilkes, after capturing
the contrA0lnd peTsOns ID making pFzs OF the Trent
in what seems 50 Us pereciy laEinl manner instead
o. sending her lao post released her non the capture
and permitted her 20 eed El,h her whole cargo To-
on her voyage. be thus t U.usly prevented the judi
NoR the capture OF tle cDat-abald persons and the
elp.ure OF toe cOaabld vessel 20 be regarded not
a. sepArSbs distinct transacdocs under the law
Of us,o1s, transaction, ous eip;use only
Thea follows shAt the capture in this oa was let uu-
h.isaed or abandoned wlssher the United Sla'es
have q right 70 retain the chief public bsngd.s OF H.
namely tie custody ) the cap ured persons proving
them 10 be c,0trlUli will dep nd upon the preliminary
question: whether the isavug Of The transaction uuhobsd
- AZ nee. e3I.v aaL Therefore voluntary. li IL
49, ~ zllH
wave ti- jetsc. cld the ell failure OF The Judi
ria remedy Ul The other hand 10 not seen how the
UnJsj States eal Ess. UPlI her Tsyer O. that judicial
.1sy If he defect Of the capture resulted from an acs
OF C.- Wiikes which would D. a fault their SIDE.
C,p-sq Wilkas has presented 70 this government his
rsGsous tlr releasing the Tent 81 forebore TO seiza
her re sSys. IN consequence OF my being so reduced
IN . s-s and creE and this arrangement would cause
iproeslt PERSONS % suffer- there being large number
az bseugers who Wogt have been put to great loss and
iucouyenisues, veil IS disappointment from the in
tsrranton il would have sed them IN not being abe
10 'n the steamer from S. Thomas 10 Elrope- there
-r couc lded sAcrihgs the intares; OF lay officers
aud crew in the prz, and suffered her 20 proceed, after
~ gstep::ol r-asa 70 eHect ,de transfer Of those
,,,nns 5lJgs considering had oojAced the inporal,
e1i aad in view and Whjch asced the interest Of our
county aud intercepted the action OF that OF the Con
f.dtrat-s
t5s SETON OF tns government and secOl0y how they
h- TO BE- expected 20 Asc toe acton OF 6reat Bdain
II. rsaso's are satisfactory 70 this Government 30 far
A. Can. Wilkes s elu-syned il could lot desire tia.
tbs san JciuJc her 0ce-s AID ere~ should be xposed
40 trrcr anu loss by weakening thSis number 20 detach
. MI crsw - 20 o. bol-t the Trent SILL less could
isdatvoW the hu-lne motive OF preventing inconvenisnt
loss and perhaps disasters % the several haodF inno
,r- plsseugers iS1-j board the prize vessel Nor
-8 tb;s 5vernnent perceive any ground for Iesii0n
w the fact taa these reasons, though aPparsnf i1eOu
,.-Yoas did oDerate in the mind o. Captain Wilkes aud
ds,srmined ann 70 release the Trent Human &C
ton generally proceeds t,lu mingled and sometimes eon
a citing motives h measured ,hc sscrihcss which DIS
a.,siop would COST 1: mancs.iy however did not oe
en- 20 him thai beyond the sacrifice Of the private
i,,er.ss tss be calls thsm) OF bis officers and crew.
tbere might As1. possibly be sacrifice eEea OF the
chief ana pablc OF &C. o; hs capture, 3; Toe ngas
al ia government tie custody and disposition OF che
,pt1red persons Tbs government cAnnos eensure hin
10, his oversight Il eonisssss TIA; the whole susjee
cane uurosssvSu spsn TIA sassss'rlv'' ~ S01ee-- "a
{iS upoa him Is present convictions o. ne point IN
is.t,a are the result Of deliberate eIaHinauon and
dedac,o1 aoz made, aud not OF sny impressions pre-
viously formed
Nevertheless. the question nov il, no; whether Capt
Wilkes il justified 70 bis Government in VIA; he did
In, shat i the present veS Of the GOverunent a. 70
me effect Of shis be has done Assuming nos, Tor a.
s1meCt sake oCly hai tbs release 81 the Trent Il vol
,,,t.-v involved saiyer Of the claim o. he Glgeru
nsnt 70 AOd tbs e'ptarsd persons the United states
,uli in tbAt case ave hesitation in saying ltas The
,rt which ms taas ALREADY been approx by me Gov
nmept nus. be Glosed 70 draw is legal consequence
ftsr r. Il ct .be very nature OF gltt or charity
taat the gvrr csuno afsf he ezerciss O. HE bcneyo
lerc. Is pass real or modify ~ beuens
We are thu, brougot directly TO tks question. whether
-, ~ entitled 70 regard Toe release OF the Trent in
,o4at,rv OF whether obliged 70 consider that IL
ivolutArys Clearly Toe release would have been made
sL,v upon the frs. ground assigned for BY Capan
WIxa- namely a WAug OF sufficient fOIee % send the
nj, vessel into port for ication l. a not the duty
a. cantor to 1trd his OSn vessel in order n
a i1die sxAmilaou 20 the captured party. No large
NJ 2. crew however is legally necessary, for It = the
u.v Of the captured party 20 lesoo aud go VI ng
IL before the tribunal 20 whose sicscn it appeas-
II the captured party indicate purposes to employ means
o. resistance which the eApsor cannot with probable
,fty % himself oytrcoms, he mag properly leave the
vessel 70 20 orEari aUd Ec,ser ne nor the State be re-
p-esens can aiterSSrds justly object aA. the can
lr deprived her Of ae li,i. remedy 70 which she vas
en.ided
Flr the second reason assigned BY Captain Wk.s for
releasing the Trent re- from toe frs A; best, tbere
fore /, must be held thai Capt Wilkes a. he explains
himself acted from combined sentiments Of prudeuce
and generosity SnS that as release Of the prize Ves
- wa no, strictly necessary or involuntary.
Secondly-H0v ought We 70 expccs these explanations
bv Captain Wilkes OF bis or leaving the capture
conpete 20 ah.ei The action Of tha R-itish Govern
msnt' ,.,. =
thas Clp.sn wilkes explanations rot made 70 tie
aatlo.itss Of the captured vessel II ua5- kso~n TO
them ssy night have approved ard taken tie reiease
uD,s lie condition Of ua,ine Judicial gat0u
81 t1s Hloe ;rar tcoa they might have refused .
accept .he release up1u thar condition,
But tue clse ID noe one With them, bu. With TIE Br'
fsa 1ovsgumeuE Il eiia thsi Gssst Britain o'ss.
tot 70 isis that 1do'si trsi has been 0si because
Ne voluntarily released the OF intl; ve57 cut Of con
-irraEon Zoe her iaaCoent plse0gers do uo.sae hoW
sae i 5Oa1d % sclgisscs fro the decision that was aus
us3e ~ g. SithoIl She NECESSITY on our part a1t wb
on. Esd-s Of eoldo1 o. cor scot On her part TIC
llrgaol bstseen ei Britain and ourselves ihuI stated,
would les.On 40. Of right Or Of laS bp. Of favor
eonceie, her H Ia tefuru os ayors sbosn by us 70
her Of The vaue Of Ehieh laVlrs On ooth SIDE We our
-lyas shall DO tue Judge q. COgrse the United State
could have DO th0agh. Of raising ge question in any
czss.
trrs. ths.-l have shown % the satisfaction Of the
British Gogerhuel' BY very simple and nAt1rii stats
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