The sun. [volume] (New York [N.Y.]) 1833-1916, 1862-01-10

'.iCA CT the Administration be sustained by the |
Oound common sense Of the public At large.
This wa speedily accomplished, and the mani |
tee,atiols Of public confidence in tho govern
nent were NOR, general and unanimous than 1t
bad expectoi. Mr.. SUMNER now comes out
With the most thortu exposition Of the whole
affair which has vet loon presented.
Indeed, Mr. SEWARD could novor have official
Iy iasusd, although ho was able, such over
-helminR document against the claims Of hi
country, without having excited burst Of in
disnstion from Maine to the Mississippi. Mr..
SUMNER may he presumed TO cay what MI
SEWARD would have said, If he had rot boon
the Official representative Of tho Ameri ian Ma
ton, and a. such bound TO act with certain
reserve towards other couBtrios- We nave al
paittsd enough 10 England but have wisely
kept our meet important admissions for our owp
household. The proofs presented by Mr. Sum
uyR should forever silence Congressional com
rlaipts upon tbs surrender Of tho Rebel Com
miasionsrs, and doubtless will.
Mir. suMsER opens with rccapitulntion OF
tho grounds taken by Mr. SEWARD that the
American Government has always protested
ap.inst NE unlawful removal Of persons fror
vessels at sea, on the ground that this actor
constitutes the naval officer who docs 10
Judge Of the case, and withholds that aWudica
ton which certainly belongs TO Pro Court
This argument Ia enforced by extracts from the
papers filed In tho State Department, ox,en' Ing
back 20 tho administration Of Washing on,
,bich. on the II tn Juno, 1892 first Addressed
oispatehSs 70 our Minister in London upon tut
subicct In reply TO tho British assertion u III,
II. L al. leo aif.f, nVuu
inently offensive. But the British cruz
ss, nsyertheloss continued to board
our Vess.L and take men out OF THIN
AZ their option, during the remaindor OF Wa'l E
ington's term Of Office during the administrator
of MIR. Jefferson, and, indeed, down to that oil
Mr.. Madison, when, falling 10 obtain any
redress, the war Of 1872 relieved US Of tho',
ysxstious professions OF the British Govern
mont, which have never tince bcon renewed.
During uu this period every state paper and
remonstrauos made by the United state Govern
Ineat to other nations, ably covered the who'll
ground at d denied 10 any nation tho right T.
board and remove frum any neutral vessel per
son, or property, and denied the right Of ho
capture, unless clearly engaged in conveying
contrsband property.
Tho proofs 20 further. They conclusivel.
show that tho United States have, in t'eatie
with other nations, and in state papers issued
abroad, deliberately qualified what should b.
considered contraband of war, within the un
derttanding of their own government, an'
plainly agreed that no Ambassadors wero to b'
considered as such, nor any perrons save thos,
in the actual military service Of tho enemy
Iu tn. treaty Of commerce with France, il
177s, II is expressly provided that Enemies
to 10th or either party are not to DO taken gu
Of ships Of neutral power, unless they ar
soldiers in tho actual servics Of the enemies
Tho same provision was made in tho treat.
With sweden, in 1882, with Prussia in 1885
with Spain in 1895, with France in 1900, with
Columbia in 1924, with Central America i
1925 with Brazil in 1928, with Mexico i
1881, with Chill in 1882, with Venezuela
1886 with Bolivia In 1886, with EcuadO
in 1883, with New Granada in 1876 with q,
atemaia in 1919, with San Salvador in 1856
and in tho treaty with Peru in 1851. Thu
clearly was our government committed to ii
acknowledgment that ambassadors not
De considered contrsband Of war.
And still another point is settled against II
by the past policy and admissions of our c W
Government. The Trent unquestionably ca
rIOj dispatches, and these have been look
upon as contrabind, beyond pcrAdventur
According to our laws and treaties they Al
not 30. As early as 1885, in tho treaty vii
Spain, after specifying contraband article
without including dispatches, it lie declared tn
''Froe goods arc sll other merchandise Al
things which not comprehcnded aud par icr
larry mentioned in tho foregoing enumeratiC
Of contraband goods. In other treaties Il
following provision Is introduced; IAN 9th
merchs, dire and things not comprehended
tho articles OF contraband explicitly enum
rated and classified as above shall be held al
cor sidered IA flee." Thus We have not on
pOftivs words Of enumeration, without mel
tiOning dispatches but also po1itive words
exclusion, 30 that dispAt hes cannot be co
siasred as coItraband. Clearly, then, aud
yoni all question, according to Anne lean pri
,lts and actCe, the ship was not liable
capture on account Of dispatches ON board.
In view Of all the foregoing, We must conclu
as follows'-
1st. We had no right TO take SLIuELL a
MASON out Of neutral vessel.
2nd. We would have had no right 10 slptl
the Trent as prize since an examination
Commodore WILKES would have resulted
proof that tho vessel did net carry articles C
traband OF war.
Ord. The Ambassadors were not contraba
within the meaning of our laws.
4th. The dispatches on board were not c.
tIAband within the same meaning.
In this surrender, if such it may he called,
Government does not even "stoop 70 conque
Ii simply lifts ttself to the height of its crigi
principles. Toe early efforts of its bost nesot
tcrs-the patriot trials OF its soldiers in an
equal wAr-hsys at length prevailed, anil Gr
Britain, usually so naughty, invites US to p-
tice upon those principles which she has as str
uously opposed. There are Vi tories Of for
Here 10 q victory of truth. If Great Britain
gained the custody Of two rebels, tho Uni
States have secured the triumph Of their pril
plss,
The EIu piiOn Ia Italy,
THE dicial report Of N. PALMERI, Dire(