The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1885-03-15
EPISODE OF THE LATE WAR.
How Slidell and Mason, the Rebel Agents.
We're Captured on the High Seas.
by the San JacintO-HOw Fairfax
0beyed the Orders of Wilkes

0beyed the Orders Of Wilkes.
S. s. Cox's "Three Decades of Federal Legislation"
In October, 1861. John Slidell and James NJ.
Mason were appointed commissioners. or diplo-
matte agents of the Confederate States to Eng
land and France.
They were especially instructed by the confed-
crate Secretary of State r. III. T. Hunter to
work for the recognition of the Confederacy as
an independent power AS inducements to
these governments, they were to represent
first. that vast area of the South would be de-
voted to tho production of cheap cotton, and
second, that the development of the agricultural
resources of the South, under free trade, would
create demand for the manufactures of Eng
land and France larger and more profitable to
all parties than would be possible under the COM
mercial regulations of the United States.
The commissioners were to inform the govern
ments to whom they were accredited that, al
though the Confederacy, as then formed, in
cluded but eleven States, Maryland, Kentucky,
and Missouri would undoubtedly attach them
selves to its fortunes after the close of the exist
ing war. There would then be embraced in the
empire. It's internal regulations would harmo-
nize with the most liberal policies Of commerce
The commissioners were to say that one of the
conditions which would be insisted upon in any
treaty of peace with the United States would be
stipulation which would leave the border slave
States free to vote on the question OF withdraw
ing from the federal Union, and joining the
Southern Confederacy; both governments to re-
tire their military forces from these States until
the question was decided When the time
should come for this proceeding, it was inferred
that there would be no doubt that the vote would
be in favor of the South.
Equipped with these instructions and clothed
with all diplomatic authority in the premises,
including the power to enterin to conventions for
treaties. the commissioners embarked at
Charleston on board the steamer Theodore
The steamer eluded our blockading squadron
1t landed them on the island of Cuba.
Captain Charles Wilkes was commanding the
United States steam soop-of-war San Jacinto,
carrying thirteen guns. He was at this time
the south coast of the island off Cienfuegos
Learning of the arrival Of the Theodore with the
commissioners, he took in supply of coal and
sailed on Oct &c, with all dispatch. intending to
capture the blockade runner. The San Jacinto
arrived at Havana on the 31st 1t arrived too
late to intercept her. Before leaving Cienfuegos
Captain Wilkes had ascertained that the COM
miSSionerS were at Havana, and that they in
tended to depart from that port on board the
English mail steamer Trent, about the 7th of
November en- route for Southampton, England
Captain Wilkes was dashing, enterprising
officer. He was one who would not hesitate to
act on his own responsibility. Even in a doubt
full case, when the interests and honor of his
country were concerned, he resolved his doubts
in favor of his flag The question at once arose
in his mind as to whether he had under the law
of nations, a right to arrest this embassy while
it was at sea under the protection of neutral
flag At Cienfuegos he had access to some vol
umes of Kent, Wheaton, Vattel, and the decs
ions of Sir William Scott and other judges of the
Admiralty Court of Great Britain, which bore
on the rights and responsibilities of neutrals. AS
a first step in the inquiry he rightly assumed
that the was within the Jurisdiction of in
ternational law. The governments of Great
Britain France and Spain had already recog-
nized the Confederate States belligerent
power The ports of these countries, and of
their colonies and dependencies were open to
vessels bearing the confederate flag Confeder
ate cruisers were then admitted to all the protec
ton and courtesy extended to vessels of the
United States. Clearly, therefore, the merchant
vessels of the nations that had recognized this
beliigerent power were bound to observe the
duties imposed upon them by International law
in regard to contraband persons and property.
Under the circumstances, Captain Wilkes
vessels, of whatever nation. AS mat
ter of law, his conclusion was impregna-
BILE A neutral vessel bearing dispatches of
the enemy, if her commander had knowledge of
the fact. unquestonably subject to seizure
and condemnation. But the seizure of the per
sons OF the commissioners was different latter.
Were they to be regarded ministers or diplo-
matte agents. If they were, then would they,
under the law of nations, be subject to arrest?
In respect to the latter question, Captain Wilkes
had read in the authorities on international law
that foreign ministers of belligerent on board
neutral ships are required to possess papers
from the other belligerent to permit them to pass
free"
Messrs Mason and Slidell had assumed and
held themselves out at Havana to be diplomatic
agents OF the Confederate States bound on a
mission to the governments of England and
France. Captain Wilkes had ample proof of
this fact. They had openly stated that they were
clothed with full authority to form treaties and
alliances. Their mission looked to the recogni-
ton of the Confederate States as an independ-
ent power They had been presented 20 the
Captain general of Cuba by her Britannia Males
tvs consulgeneral yet it was stated that this
was merely act of courtesy. Captain Wilkes
had been informed by the Captain general that
he had not received them in any official or diplo-
matte capacity, but only as distinguished gentle
men and strangers Nevertheless, during their
stay at Havana, both report and assumption gave
these gentlemen the title of ministers of the
Confederate States on mission to England and
France. 1t was in this character that thew were
introduced our board the English mail steamer
Trent, by the British consul general and his son.
The latter acted as agent of the steamer when
they embarked on her, en- route for Southhamp
ton. This steamer was merchant vessel. It
was plying between Vera Cruz. Havana and St
Thomas 1t carried her Britannia Maiesty's