The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1896-01-05

nothing of that sort took place ne
| passengers fell back as the Marines
| advanced.
Mr.. Slidell seems to have been want
ing in the dignity which was observed
bv Mr.. Mason. The latter was aware
! that serious resistance was folly, and
! that the hand of Mr. Fairfax, applied
| TO his person was all sufficient to show
| that he did not leave the British ship
| Voluntarily, and return ii America.B But
| Mr.. Slideli, to show his pluck, jumped
ont of the window OF a stateroom into
the cabin. where he was caught by MIR.
Fairfax.
The Commissioners were then placed
aboard of San Jacinto, and, as above
stated. were taken TO Boston, via
Hampton Roads and New York.
The sentiment among Northern peo-
pie was nearly universal, that the Con-
federate Commissioners were rightful-
Nv captured, and made prisoners OF
war: and there were English prece-
dents to support this opinion. During
the Mexican war, General Paroles, a
Mexican officer, and a bitter enemy Of
the United States being in Europe, sail
ed for Vera Cruz arriving there Au-
gust IA, 1S47. in the British mail
steamer, Treviot Secretary Of State
Buchanan made complaint in letter
toMr Bancroft. ourMinister to England,
saving that, "a neutral vessel which
carries a Mexican officer of high mill
tary rank to Mexico, for the purpose
of taking part in hostilities to our
country, is liable to confiscation, ac-
cordlng to the opinion of Sir William
Scott MIR. Bancroft brought the case
to the attention of Lord PalmerstOn,
who admitted the justice of the com
plant. and the commander of the Ire
viot was suspended, for violating the
acknowledged belligerent rights of the
United States This case was exactly
in point-a British mail steamer, not
captured and condemned by an Admir-
atty Court. which was held in the case
of the Trent. to be an essential cir
cumstance, to warrant the arrest. But
the Union, in 1851, was divided, Of
which fact the government Of England
took advantage.
Many English authorities were cited
at the time, in support of the claim
OF right to arrest the Commissioners.
DR.. Robert philimore, advocate Of one
of her Majesty's Admiralty Court, held
that at is indeed competent to belli-
gerent to stop the ambassador OF has
enemy on his passage"
The law Of nations, and the practice
Of the British government clearly sane
toned the act; but the United States
was in no condition to stand upon its
rights as a belligerent; and Mr.. Sew
ard was only too ready to acquiesce
in British reasoning on the case.
Lord John Russell, the Secretary for
foreign affairs, wrote to Lord Lyons,
to demand the release of the commits
sioners, and treated it as a matter of
course as if there could be no question
about il. This was like Great Britain.
need not quote his language.
Mr.. Seward, in dealing with the case,
said: THE question before us is,
whether this proceeding was author
lied and conducted according TO the
law Of nation. 1t involved the follow
ing inquiries:
=. We're the persons named and
their supposed dispatches contraband
of war?
"2 Might Captain Wilkes lawfully
stop and search the Trent for these
contraband persons and dispatches?
-. Did he exercise that right in a
lawful and proper manner?
"a Having found the contraband
persons on board, and in presumed pos
session of the contraband dispatches,
had he a right to capture the persons
5. Did he exercise that right of cap
ture in the manner allowed and rec
| ognized by the law OF nations?
IF all these inquiries shall be re-
! solved In the affirmative, the British
Government will have no claim 10 re-
| paration."
Mr.. Seward maintained that the
first four interrogatories must be an
swered affirmatively; by the failure
| to bring the Trent to an American
| port, where she would have been con
fiscated, by Court of Admiralty, Cap
| tain Wilkes failed to bring the case
| within the recognized law of Nations;
| and the prisoners must therefore be
| released
| Such was the Trent case i'm brief In
| q parallel case. to-day, the demand
| would not be insisted on, if made;
| neither would it be acceded to if in
| sisted on Circumstances alter cases
| DANIEL r. GOODLOE.