The weekly north Iowa times. [volume] (McGregor, Iowa) 1857-1867, 1862-01-08

der that they may again be placed under
British protection, and suitable apology
for the aggression which has been commit.
ted. Earl Russell finally instructs you to
propose those terms to me, If should not
first offer them on the part Of the govern
ment.
This dispatch has been submitted to the
President.
The British government has rightly con-
jectured, what it is now my duty to state,
that Capt Wilkes, in conceiving and exc
cutting the proceeding in question, acted
upon his own suggestions Of duty, without
any direction or instruction, or even fore
knowledge OF it, on the part Of this gov
ernment. No directions had beeen given
t" him, or any other naval officer, to arrest
the FOUR persons named, orany of them, on
the Trent, Tar on any other British vessel, or
on any other neutral vessel, at the place
where it occurred, or elsewhere. The Brit
ish government will justly infer from these
facts that the U. s. not only have had no
purpose, but even no thought. Of forcing
into discussion the question which has
arisen, or any other which could affect in
any way the sensibilities Of the British ma
ton.
1t is true that round shot was fired by
the San Jacnto from her pivot gun when
the Trent was distantly approaching. But,
as the facts have been reported to this gov
ernment, the shot was nevertheless inten-
tionally fired il, direction 81 obviously d.
vergent from the course Of the Trent as to
be quite as harmless as a blank shot, while
it should be regarded as signal.
So also we learn that the Trent was not
approaching the San Jacinto slowly when
the shell was fired across her bows, but, on
the contrary, the Trent was, or seemed to
he, moving under full head of steam, as il
with purpose to pass the San Jacnto
We are informed also that the boarding
officer (i.ieut Fairfax) did not board the
Trent with large armed guard, but he
left his marines in his boat when he entered
the Trent. He stated his instructions from
Capt. Wilkes to search for the four persons
named in respectful and courteous though
decided manner, and he asked the Captain
Of the Trent to show his passenger list,
which was refused The Lieut.. as we are
informed, did not employ absolute force in
transferring the passengers, but he used
just so much as was necessary to satisfy
the parties concerned that refusal or resiS-
tance would be unavailing.
So, also, we are informed that the Capt.
Of the Trent was not at any time or in any
way required to 60 on board the San Jacinto.
These notifications Of the case as pre-
scntcd by Commander Williams are based
upon our official reports.
have now to remind your Lordship OF
some facts, which doubtlcssly were omitted
h,,E - D,,,cnn ,,,,th xE, i
becoming motive Of allowing them to be
brought into the case, on the part of the U.
S., in the way most satisfactory to this gov.
ernment. These facts are, that, at the time
the transaction occurred, an instruction
was existing in the u s. which this govern.
ment was engaged in suppressing by the
employment of land and naval forces; that,
in regard to this domestic strife, the U. S.
considered Great Britain as friendly pow
er, while she had assumed for herself the
attitude of neutral and that Spain was
considered in the same light and had as.
Sumed the same attitude as Great Britain.
1t had been settled by correspondence
that U. S. and Great Britain mutually rec
ognizcd as applicable to this local strife
these two articles Of the declaration made
by the Congress Of Paris in 1856, namely
that the neutral or friendly flag sho cover
enemy's goods not contraband Of war, and
that utral goods not cOntraband OF war
are not liable to capture under an enemy S
flag These exceptions of contraband from
favor were negative acceptance by the
parties Of the rule hitherto everywhere rec
ognized as part of the law of nations, tina,
whatever is contraband is liable to capture
and confscation in all cases.
James NJ. Mason and f. j. Mcfarland
are citizens Of tn. U. S. and residents OF
Virginia. John Slidell and George Eusts
are citizens of the u. S. and residents OF
Louisiana 1t was well known at Havana
when these parties embarked in the Trent,
that James NJ. Mason wss proceeding to
England in the affected character Of Min.
lister Plenipotenliary to the Court of St.
James, under pretended commission from
jefferson Davis, who has assumed to be
President OF the insurrectiOnary party in
the u S., and E. j. Mcfarland was going
with him in a like unreal character Of Sec.
retary Of Legation to the pretended mission
John Slidcll, in similar circumstances, was
going to Paris as pretended Minister to
the Emperor Of the French, and Geo. Eustis
that simulated mission. The fact that these
persons had assumed such characters has
been since avowed by the same Jefferson
Davis in pretended message to an unlaw-
ful and insurrectionary Congress. 1t was,
as we think, rightfully presumed that these
Ministers bore pretended credentials and in
Structions, and such papers are in the law
known as dispatches. care informed by
our Consul at Paris tha: these dispatches,
having escaped the search of the Trent,
were actually conveyed and delivered to en-
isSarics Of the insurrection in England. A..
though i: is rot essential, yet j, is proper to
state, as do also upon information and be-
lief, that the owner and agent and all the
officers Of the Trent, including the Com.
,nandcr Williams, had knowledge Of the
assumed characters and purposes Of the
persons before named when they embarked
on that vessel.
Your Lordship will now perceive that the
case before us, instead of presenting a
merely fragrant act Of violence on the part
of Capt. Wilkes, as might well be inir,r
from the incomplete statement Of it that
wen, up to the British government, was un
dertaken as simple legal and customary
belligerent proceeding by Capt. Wilkes, to
arrest and capture neutral vessel engaged
in carrying contraband Of war for the use
and benefit Of the insurgents.
The question before US is, whether this
proceeding was authorized by and conduct
cd according to the law Of nations. 1t in
wolves the following inquiries:
lst. We're the persons named and their
supposed dispatches contraband Of WARP
FL. Might Capt. Wilkes lawfully stop
and search the Trent for these contraband
persons and dispatches?
Sd. Did he cxe,c else that righs in law.
full and proper manner?
4th. Having found the contraband per-
sons on board and in presumed possession
of the contraband dispatches, had he a
RIGHT 10 can antnre the DerSOnS9