Bedford inquirer. [volume] (Bedford, Pa.) 1857-1884, 1862-01-10
NJ. THoUVENEL TO NJ. MERCER /.
TRANSLATION.

Political Department, Paris, Dec. 3, 1861.
SIR:-The arrest of Messicurs Mason aud
Slidell, ou board the English packet Trent, BY
an American cruiser, has produced in France,
if rot the same emotion as in England, at
least extreme astOnishment and sensation. -
Public settlement was at once engrossed with
the lawfulness and the consequence Of such an
act, aud the impression which has resulted
from this has not been for an instant doubt
full.
The fact has appeared SO much out of ae-
cordanee with ibe ordinary rules Of interna-
tional law that it has chosen to throw the res
possibility for it exclusively on the commands
er of the San Jacinto. It is not yet given to
US to know whether this supposition Is we'll
founded, and the Government of the Emperor
has, therefore, also had 20 examine The ques-
ton raised by the taking away of the two
passengers from the Trent. The desire to
contribute to prevent conflict, perhsps ion.
minent, between two powers for which It is
animated by sentiments equally friendly, and
the duty TO uphold, for the purpose of placing
the rights of its own flag under shelter from
any attack, certain principles essential to the
security of neutrais, have, after mature refee.
circumstances, remain entirely silent
If, to our deep regret, the Cabinet at
Washington were disposed to approve the con-
duct of the commander of the San Jacinto,
it would be either by considering Messrs. Ma
son and Slidell as enemies, or as seeing in
them nothing but rebels. 10 the one as in
the other case th,re would be forgetfulness,
extremely annoying of principles upon which
we have always always found the United States
10 agreement with u.s.
By what title, in effect, would the Ameri-
can cruiser, in the 6rst case, have arrested
Messrs. Mason aud Slidelll The United
States have admitted with US, in the treaties
concluded betReen the two countries, that the
freedom of the flag extends itself over the
persons found on board, should they be enc
mics of one of the two parties. unless the
question is of military people actually in the
service OF the eneDy. Messrs. Mason ard
Sldeil we're, therefore, by virtue of this prinA
ciple, which we have never found any difficult
ty Ia causing to be inserted in our treaties Of
friendship and commerce, perfectly at liberty
under the neutral flag of England. Doubt
less 1t will not be pretended that they could
be considered as contrabsnd of war. That
which constitutes contrabaud Of war, is not
yet, it is true, exactly settled; tie Limitations
are not absolutely the same for all the Pow.
ers; but in what relates to persons, the special
stipulatioas which are found in the treaties
concerning military people, defns plainly tho
character of those who only can be seized up
on by belligerents; but there is no need to
demonstrate that Messrs Mason and Slidell
could not be assimilated to the persons 10 that
category. There remains, therefore, to invoke
10 explanation of their capture, only the pre-
text that they were the bearers of official des-
patches from the enemy; but this Is the mos
ment to recallEa circumstance which governs
all this affair, and which renders the couduct
of the American cruizer uDjustifable.
The Trent was not destined to point be-
longing to one of the beligereuts; she was
carrying TO neutral country her cargo and
her passengers, and, moreover, it was 10
neutral port that they we're taken. If it we're
admissible that under such conditions the neu-
tral flag does not completely cover the persons
and merchandise it carries, its Immunity would
be nothing more than On idle word; at any
moment the commerce and the navigation OF
third Powers would have to suffer from their
innocent and even their indirect relations with
the one or the other of the belligerents. These
last would no longer find themselves as having
only the right to exact from the neutral entire
impartiaiity, and to interdict all .intermedling
on his part in acts Of hostility. They would
impose on bis freedom Of commerce and naVi-
cation restrictions which modern international
Law has refused to admit legitimate; and we
should, in word, fall back upon vexatious
practices, against which, in other epochs, no
Power has moro earnestly protested than the
United States
If the Cabinet of Washington would only
look oD the two persons arrested rs rebels,
whom it is always lawful to seize the question,
to place it on other ground, could not be solv"
ed, hose7er, in a sense in favor of Ibe COM
msnder Of the San Jacinto. There would be,
in such case, Misrepresentation Of the prinei-
pie which makes vessel portion of the ter
ritory of the nations whose flag it bears, and
violation of that Immunity which prohibits q
foreign sovereign, BY consequence, from the
exercise of his Jurisdiction. Ii certainly is
not necessary TO recall to mind with what en-
ergy, under every circumstance, the Govern
mout of the United States has maintained this
immunity, aud the right of asylum, which is
the consequence of it.
Not wishing to enter upon more deep dis
cussion of the questions raised by the capture
Of Msssrs MasSn and SIaell, | have said
enough, think 20 settls the poiut that the
Cabinet at WasSinsfon could not, without
striking blow at the principles which all neu
tr4l nations are alike interested in holding in
respect, nor Wishout taking the attitude of
contradiction OF It's own course up to this time,
give It's apprubation to fha nroeeadineS of the
commander Of the san Jpciuto. 10 this state
Of things, il evidently should not, according
to our views, hesitate aboutthe determination
10 be taken.
Lord Lyons IS ALREADY instructed 10 present