Burlington free press. [volume] (Burlington, Vt.) 1827-1865, 1862-01-17
MR SEWARD AND Mr. SUMNER
m THE TRENT AFFAIR.

Mat Mcssrs Mason, Slidell, Mcfarland and
l,.t;. should be restored to British c-stody,
= Improperly taken from the ITeni by C1pt'
EjIles. in command Of the U. D armed YES
81 San JaoiAfo. We have now Onother
ala borate discussion Of the same subject BY
M. SUMNER, Chairman Of the committee on
Foreign Aflirs His speech was made IN the
Sspate on the 9th inst, the occasion being
The communication to thu Senate from
Me Department Of State. Of copies
q the official papers which had
passed between the two governments on the
,cbirct. Like Mr.. Stewards despatch,
{. is too long for insertion: but we take the
occasion TO give the chief points of both OF
these papers, and to make some remarks on
the subject Of which they treat.
Mr.. SEWARD corrects some OF the misrepre-
sensations of the cir umstances, which had
been mad. 10 the British Government and
avstbat there was no Intention on the part
of Commodore Wilkes, and Lieut.. Ftlrfax.
acting under his orders to do anything
which was not strictly justifable according
10 acknowledged principles Of international
law. ami he contends that there was nothing
disc,urteous or offensive in the manner in
which the proceeding was conducted. W hat
ever wrong Wa, done, was dont under d
,lsjudgrnsai 1l the u S. oficers, and 50 far
No ffsnse could be taken.
IL says. TO D., that the character Of these
men Is emissiri.s Of the pretended COME
derate government with credentials to GER
tain European POWERS in order TO bring
about AN tfectual CO operation OF those
povrrs to aid the rebels IN establishing tleir
government. is beyond dispute and that the
Captain Of the Trent had sufficient informa-
,ion Of their character and purposes there il
abundant reason to believe.
The consideration of the case involves then
,sys Mr.. SEWARD, the following inquiries:
]. Were TIE psrs rs named, aud their supposed
lispaiehes. eontra"snd Of wsil
MI.Ht ihuL. ~ < = ltNlAliy -lop IN stAA u
ID. 7r,ni Tor tuose coutraban- persons and dis
Did he exarcise that tight 10 e lawful snC
proper manner
Having found the oJ1trabznd persons on
board, sni j. p.esanvd p secession Of TIE contra
band di-pstc--s. had be . Tisht 70 capture tn
p.rsotr7
u .un-r Lowell and ItcOsa,E-d ny tue Law ot ne
tiOus!
Nj. S1wAsD, quoting from the decisions
OF eminent writers on international law
decides the first four Questions IN the affrm
stivc. Tae Only point on which lie tninAt
there c4n be a spute is the 5.h. He al
mills that the acknowledged regular way %
proceeding WAS to have brought the Trent
off;eis aud crew, cargo AID all, Int
pnt Gr adjuJic4tisn-unless Commodore
Wilaes had found himself unabi,
70 do - without weakening has own crew
too much for the safety Of his own yesse
Con- WI krs alleged that, as IN part th'
reason Of has decision 10 take the men be
wus alt r, aud - let the vessel 70 on lei
way. HID he made that the sole reasan
Mr. Seward center ds DO complaint would
have stood against hun. But he EsN'
another. D.=. be desire to arOld dssOs iglng
as far az possible, the owners Of the Ireu'
and her ca. %, the passs nsers and crew on
board, anu the multitude OF ipnoceot pers0n'
in Europe and America who ~Duld lncuI
damage BY a loss Of their letters and such
diversion OF the vessel from her onward vCy-
age and her detention till the question could
be settled 10 proper court whether the Vesse
was forfeited to the captors for violation o.
international law, OF the e4ptOrs liable u
damages to her owners for I'D unauthorized
detention. Com. Wilkes kindness, Mr..
Sewlrj says, made his proceeding inPer-
fect, ana li,be 10 a fatal objection for mac
cnracy IN Iorm, - that # the British govern
uept saw E, L. is,ten on this dsw in The
nrnc.>, aud h. demand the reieaee OF Mason,
snd Il l. COM .ny. the only way was lei
Gag : ,efnm-nt u let them 60. lie admin
,sev T. that II tnelr detention we're mattel
OF VITA mp ,rrance to the safety of the IA
tiou. tat lAct soud necessarily. override all
on stilns Of regularity or imperfectIon
in pr ceeding-Jn the ground, ne suppose,
that the lite OF a nation il not 10 De sacrificed
~ matters OF mere form. lie ,ould moi
p cad aay such necessity IN this case, and
abe order was made to surrender the men
Ia his conclusion. Mr.. Seward intimate'
pl4iriy en- ugh. that the conduct of Grea'
B itaia in former years in numerous Cases,
was such as to justify fully the proceedings
of Com. Wilkes, II our Government wer'
disposed 10 rest the merits Of the case on her
example bat he was not disposed to rake
up old -flirs. ana pr,ierr To congratulate
his cuun r,m ~ thit 10y makiHg this clam
Abe 3 i.is4 g y rrn nt had r.rfuaAy con-
ceuri mat the cTIne T. : riding the immu-
nity ol mural, lrsm the Improper inter
fer.uc,. oI b.l.I -,ren which our q vernmei
had ,ug an unavhhug'y pressed upon tina.
Government a. the only tar and sale one
Wa nov h'r doctrine also.
Mr.. SUu.LR agrees with Mr.. SEWARD riar
the Ii, II should b. surrender "a the ciaiul
of the British Cove nment. but Tor another
reason than ilut given y tie Secretary al
Sr,tr. Nj. Sumner states t e Csc, Us pLi
by c eat i tain, as follows
"Thus i pppears that the present complaint Il
The lirt b Government Is Lot iv1Ld5d tue a.
sutuuti,n o. t4o An=.ie4n war STEAMER Il the
bali ?, reut rIslt VI &c Tch nor On tue gi0uLd
th.t ms right wat exeic ised on board q Leutfzl
ya,-l between two neutral porte; nor that 1t us.
.x rcfs.d On boarI = mail steamer. sustained BY :
,u,vsuti,n from the crown, and differed In part
fun the royal navy; nor that Il wa eKere Re IN
a case where the ptn.lties Of coutrsb aud could
"a a attach; but IL Is founded simply anu preci-'iy
v.. Va, idea III 1t persons other than Apparent oh
CO IA toe Itary naval seIv &C csnn"t tie
T. Out OF su- pecied snip At t-e ere Wlh Of
the officer WIN exercises the at Of s-e'eb, a- q
vithoui any iO.m u ial. therefore t. law Ur
nations has tevn yi-! lated, aGd tbs MT Vi
Capt. i!Ets must &c cieLE.IEed, Will Il. NLU
Traitor, c o. i-.at-,-. aud .,-ui-, Ia vag,
are sliOStU 10 :" re"