, 1862-01-03

l. FRENCHVIEW OF THE SEIZURE
Diplomatic Correspondence Of mr.
ThouFeneI and mir. Seward.
MR.. TH0UyENEL TO MR.. nERCIEH.
fTranalatiou-

{Tranalation.]
ADMINISTRATION OF FoKg1qy ArTA1Es.
Political Department.
10. 81 PARIS, Sd December. 1851
S1R-The arrest Of Messrs. Mason and Sill
dell, on board the English packet Trent bF an
American cruiser, has produced in France, If |
not the same emotion as In England, at least
extreme astoni5hment and sensation.
Public sentiment Wns at once engrossed with |
the laHfu1ness and the consequences Of such |
an act, and the impression which has resulted |
from it; has not been7 for Q moment, doubted /
The fact has appeared SO much out Of ac-
coFdancc with the ordinary rules Of interim
tional law, that it has chosen to throw the IT,
sponsibiity for it exclusively on the comnaa-
der Of the San Jacinte.
It is not yet given to US to know whether |
this supposition is well founded, and the Gov
ernment Of the Emperor has therefore also had
away Of the two passengers from the Trent.
This desire to contribute to prevent con- !
h1cf, perhaps imminent, between two powers, |
:or which it u animated BY sentiments equally
friendly, and the duty to uphold, for the pur-
pose OF placing the rights Of it's own flag IN
der shelter from any attack, certain principles
essential to the security Of neutrals, have. af.
ter mature reflection, convinced it that it !
could DOE, under The circumstances, rcHaain |
II, to our deep regret, the Cabinet at Wash
ington were disposed to approve the conduct
Of the commander Of the San Jaciuto, It Eou}d |
be either by considering Messfs. Mason aud
slidell as enemies or as seeing in them nothing
but rebels. In the one as in the other case
there would be forgeHulness, extremely an
noying, eJ principles upon fchich Aare al,cays
found tAe United States in agreement sp;th
b what title, in effect, would the American
Mason and Slideu: The United States have
admitted with us, in the treaties concluded be-
tween the two countries, 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 Sliden were, therefore,
by virtue Of this principle, which we have
never found any difficulty in causing to be In
serted in our treaties Of friendship and COM
1nerce, perfectly at liberty under the neutral
flag Of England. Doubtless it will not be pre-
tended that they could be considered as con
traband Of var. That which constitutes con
trahand Of var is not yet, it is true, exactly
settled, the limitations arc not absolutely the
same for all the powers, but, in what relates
to persons, the special stipulations which are
found in the treaties conceIlng military peo~
pie, define p1ainly the character OF those who
only can be seized upon BY belllgerents but
| there is no need TO demonstrate that Messrs.
Mason and Slidell could not be aseimi1ated to
| persons in that category.
! There remains, therefore, to invoke, in ex-
/ PLANTATION Of their capture, only the pretext
| that they we're the bearers Of official dispatches
|
recall circumstance which governs all this
| affair, and which renders the conduct Of the
| American cruiser uDjustifable. The Trent
| was not destined to 3 point belonging to one
| Of the belligerents; she Was carIying,to $ neu-
| tyal country her cargo and her passengers, and
| moreover, it was in s neutral port that they
| were taken.
II it'were admissible that under such con-
ditions the neutral flag does not completely
| cover the persons and merchandise it carries,
= ~
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 OF the
ether Of the belligerents. These last would
no longer find themselves as having only the
right to exact from the neutral entire Impair
fiality, aud TO 1nte1dict all interneddIing on
his part in acts OF hostility. They would im-
| pose on his freedom Of commerce and nayiga-
tion restrictions which modern international
ne should, in word, fau back upon yexatious
| practices, against which, in Other epochs, no
power has more earnestly protested than the
United States.
# the Cabinet ut Washington would only
look on the two persons arrested as rebels,
to place it on other ground, could not be
solved, however. in ! sense in favor Of the
commander Of the San Jaeinto. There would
be, in such case, Misrepresentation Of the prin-
E4IIE H111tu y fCESEl Il ptfElD1l IL tIe
, territory of nation whose flag it bears, and
violation Of that immunity which prohibits j
, foreign vessel, by consequence, from the c1er'
. else Of his jurisdiction. It certainly il not
necessary to recall to mind with what energy,
under every circumstance, the Government o1
+ the United States has maintained this immu.
I nifty, and the right Of asylum, which is the
| consequence of it.
+ Not wishing to enter upon g more deep dis
! cusEion Of the questions raised By the capture
all
{ enough, think, to settle the point that ths
/ Cabinet OF Washington could not, without
J striking blow ut the principles which all neu
T tral NATIONS are alike interested in holding II
: respect, nor without taking tho attitude O
contradiction Of its own course up to thi:
+ time, give its appreciation to the proceeding:
D Of the commander Of the San Jaciuto.
Y In this S.ate of things, it evidently shoult
g not, according to our views, hesitate about th
r determination to be taken-
= Lord Lyons Is already instructed to prcscn
IL the demand for satisfaction which the EnSlis]
+ Cabinet is under the necessity Of reducing t.
form, and which consists in the Immediate re
lease Of the persons taken from on board til
o take from this act its offensive character K
is ward the British flag The Federal Cover
j. ment will he inspired By 3 just and exaltc
b. feeling in defeTrirg to these requests. On
G, would search in vain to what cl1d, for What il
e terest, it would hazard to provoke, By a di
O. frrrnt attitude, a rupture with Great Britain.
b. For ourselves, VIC should see in that fact
D. deplorabIe complication, in every respect, {
10 The difficulties with which the Cabinet !.
n Washington hls already to struggle, and
precedent Of a nature seriously to disQuiet :.
lg tile powers which continue outside Of th
4 existing contest. We believe that VIC civ
C. evidence Of loyal friendship for the Cabinet
r. Washington by not permitting it to remain
6c Ignorance, in this condition Of things, Of Q,
at manner Of regarding it. I request you, Their
ut fore, sir, to scize the first occasion Of openir
es yourself frankly to Mr. Seward, and, if ho asl
or It, send him copy Of this dispatch.
'le Receive, sir, tile assurance Of my high CO.
of sidetation. THoUyESEL-
Of Monsieur HENRI MEHCIER. Minister Of Il
Of Emperor at Washington
at ,at MR. SEWARD TO MIR, MERCER.
IT. DEPARTMENT OF STATE,
m WASHINGTON, Dec. e. 1851. $
~ ~ Mr. Hen,Y MTcir:
liz SIR-I have submitted to the President t,
j.. ! copy you were SO good rs 10 give nc Of dl
MS paiS11 addressed 10 you On the I'd Of Detemb
~ ~ instant, concerning the recent proceeding
~ - Capt. Wilkes, in afrcsting certain persons
~ board Of the British contract mail steam
~ ~. Trent.
~ ~ Before receiving the paper, however, t
!, u, President had decided upon tho dispositi
-, -. to be made Of the subject whichir.s causc7i
~ * much anxiety in Europe. That disposition
~ ~ thu subject, as l think, renders unnccessI
In any discussion Of it in reply to the CONNER
-. ~ of Mr. Thouyenei. I AM permitted, howeys
~ to say that Mr.. Tbouyenel has not been in
~. ror in supposlEg, first, that the Goyernme
~ OF the United States has not acted IN any 50
~ OF disregard Of the rights OF Of the sensibilit
~ - Of the British nation, and that he is equal
a = just in assuming that the United States vos
= consistently vindicate, by their practice
49, | this OCCASION tile character they have 80 10
'''~ maintained as au advocate Of the most Libel
nj, principles concerning the rlghts OF nent
u. tsn States in maritime war.
~ W When the French Government shall COZ
~ to see al large the views Of this Goyernnae
M tl!e and those OF the Government OF Great Brita
el ~ on the subject now in question, and to co
toN pare them with the views expressed BY
-. Thourencl OF the part of France, it will pro-
ue' lily perceive that, while it must be admit
' that these three powers are equally impress
with the same desire foT the establishment
m, principles favorable to neut17, rights, there
- at the game time, not such an entire agz
ING ment concerning the application Of those pr
ara c1p1cs as is desirable to secure that import;
object
The Government Of the United States II
~ ~ bc happy if the occasion which has ELECTED i
" correspondence can be improved SO rs to
cure Dore definite agreement npou the VII
Of I subject bY all maritime powers.
mel You will assurr Mr. Thourenel that
l. Government appreciates as well the frankn
ma. of his explanations rs the spirit of friel
acl. ship and good Eill toward the United State:
hess which theF arc expressed
It is sincere pleasure for the United Sta
Hf3a IN HsEuY.nrra fr51..f3A33i;,