New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1896-03-18
DALY'S ADVICE TO SEWARD.
THE EX-JUDGES CONNECTION WITH
THE TRENT AFFAIR

RETARY OF STATE TO RELEASE
MASON AND sLIDELL
Ex-Chsf Justice Charles p. DAILY forty years
IN continuous service on the bench Of the Com
mon Pleas at the time Of his retirement, last
evening gave Tribune reporter highly inter-
estne account Of his connection with the surren-
der Of Mason and Slidell-one OF the most dra-
matte Incidents of the Civil War. During the
conversation the robust octogenarian said: This
is the first time have ever narrated In detail
how came to be involved in that momentous
question. as 1t was in those exciting days of the
Rebellion" The reporter had handed ex-Judge
DAILY the letter of l.. r. Chittenden during the
war and afterward Register Of the Treasury.
published in The Tribune of Monday. the purport
a which that President Lincoln had himself
declared. on hearing of the seizure Of the Con-
federatc ENJOYS on the high seas from the deck
Of a neutral vessel. that he didn't where
Captain Wilkes got the right to turn his quarter
deck into a court of admiralty.
Are any Of the statements Of Mr.. Chittenden
erroneous or miseading?" asked the reporter.
NO l cannot contradict any of the gentle
mans statements" said the eX-Judge They
may all be true"
Then it would be interesting to know. as
matter Of history. In how far you were connected
with the important event"
THE EX-JUDGE's STORY.
1.-The story is a very simple one" answered ex-
Judge DAILY, land is very clear In my mind
was stopping in Washington as the guest Of
Baron Gerolt, the Prussian Minister. Almost on
the day Of the arrival of Captain Wilkes with his
frgate the San Jacinto. at Fortress Monroe (No-
vember 49, l was invited with the Baron to
State dinner. it might be called. at the home
na., rot
present. if Montgomery Blair could have been
called a Republican at that time. OF course the
absorbing topic Of the banquet was the seizure
Of the ENJOYS. and the almost unanimous COM
mendat!on Of the act Of the naval commander
noticed that Mr. Blair was somewhat chary OF
expressing an opinion, and 1t struck ME that he
was not in accord with the dominant sentiment.
I remember we'll sitting next to Secretary Chase.
who was at the heod Of the table. and was on
his left. During the desutory talk said not
word nor offered any suggestion Whatever FL
naly Secretary Chase said. Judge, would ike TO
hear your opinion Of the legality of this act. for
we are familiar with your valuable decisions
growing out Of the hostilities now going on.
81 then felt at liberty" continued eX-Judge
DAILY "to indicate TO Secretary Chase. who. with
the others around the board. seemed TO be buoyed
ND by CAPTAIN Wilkess summary act. my first
impressions
told him that my opinion was that the act would
be found to be Illegal. although had no data or
authorities to quote then. was sorry, told him,
that had to return to New-YoIk in the morning.
so that would be unable give deliberate
opinion fortified by precedents and decisions
He strongly urged me TO remain over in WASH
ington. and sea Secretary Seward, as the ques'oh
was the gravest one that had presented Itself 10
the Administration since the outbreak OF the
Rebellion
CONSULTING THE AUTHORITIES.
IT consented finally. and early next morning
.epaired to the Federal Library and made
thorough examination Of our reports. and fouhd
that my opinion was fortified at every poh',
according to American law and usage. ana
notably so in clear decision by Chiel 1us ~.
Marshall Such. indeed. wGs the American doc,
trine proclaimed before the War OF lSlZ ana
decided when that conflict ended. as far as we
were concerned. at least According TO Enshsn
precedent however. such an act was Jus'ilao,e
and had many cases to fortify the action OF me
commanders of British men-of-war, who wouid
stop neutral merchantmen on the h'sh seas
and seize any passenger whatever
"rbet afternoon. he continued. Il went TO
tho state Department. but found that Mr.. sew
ard had gone to sham oatIe Jus. outs. a, the
Washington. go anxious. however was l. al the
suggestion of Mr. Chase. TO lay the Jaw petoie
him. that hired conveyance ana louhu mn, mn
on the field We went to his tent alone, ana
thsre I laid before him the law in the case as
Iy me- fo~nd ~ 70 he l must remind you here
that personally knew Mr.. Seward very VEL We'll
and he knew me as Democrat. therefore,
when saw ne received the opinion win APP
parently needless calmness ventured TO ado:
.Of course, Seward. | am Democrat ana no,
an Englishman. Those people have persecu'eu
nv race for centuries. and have no cause 10
like Them but If you suppose that Engiana
will stand such tomfoolery as this. In me N sns
OF our own law. she would do what she mas
never before done in her history Win THESE
words withdrew . u,,s,.
During the day saw Mr.. Evarts in WASH
ington. and told him OF my judicial advice III
the matter but he seemed to incline rather
the other way, and there was then but one as
tngushed jurist at the sSnsS RaItet the
leader of the New-England bar. profound II,
his researches scholarly in his methods, ana
clear In his conclusions. :,
"Soma time. a little later was presiding In
court here in New-York when Mr.. Evarts came
ND TO the bench. and asked me II had reau
the papers. He went away. handing me 0he'
In which | found Mr.. Stewards famous let-
ter releasing the cap,ives. In which ne sun
stantially took the ground that the ENJOYS
beIlion was on its way to speedy supprsSSi .hn
and that the United States recognized the
necessity of not creating any iil-feeiing oet"ee"
England and ourselves ,,oo
~ Mr. seward but not at his law nor the re-
suit OF his studies. There could nave peeh no
other course"
"T,,a Mr. seward recognize that you had any
necuiiar fitness to advise in such an acute
emergency" ~ -, .h, Columbia COL
,.oa law Branch / delivered a course or iect
ures on The Laws Of the Seas h for w ssn adj
received my degree Of LII D. ana mao aHu a Of
tvdicated the pirate cases at the peginhihs Va
,be war by which the captives escaped exscu,
ton which had been pronounced against them
ExJudge DAILY then indicated h. 80 sae material
hsa,,ng out the truth Of his simple narrative OF
facts.
A DINNER TO SECREIAff "HNH''
Washington, March 1.-THE British An'oans $500,