The sun. [volume] (New York [N.Y.]) 1833-1916, 1916-06-08
SEEING MAILS AT SEA.
An American Precedent Cited TO JUS
tify England's Course.

To II EDITOR OF THE SUN-Sir: Mr..
John Bigelow. answering my recent let
ter In THE W regarding the British
examination OF mails, complains that
have not stated "by what rule or prece-
dent. or theory Of international law. II Is
forbidden to a neutral to correspond as
he pleases with n belligerent by way
Of the high seas and neutral territory.
or by what authority IL Is permitted to
a belligerent to pry into such cor
respondence." I am afraid Mr.. Bigelow
Is not as we'll Informed on the legal. po-
litical and military history OF his W
country as he ought to be: otherwise
he would not have asked the question,
but for his information I cheerfully sup
ply him with the precedent and the au-
thority.
On July Z, 1862. the British steamer
Adela, when of Great Abaco Island,
West Indies, was captured by the Fed
eral cruiser Quaker City and brought
to Key West as a prize Of war. AT the
time Of her capture the master Of the
Adela claimed hat he was In British
territorial waters. being hen only two
and n half miles off shore. which Com
rnander Frailey denied and Indicated the
place Of capture as being on the high
seas. from eight to ten miles outside OF
British jurisdiction. The Adela had
sailed from Liverpool with merchandise
and mails for Bermuda addressed to the
Nassau post office when she was cap
turcd. She was therefore proceeding
from one British port to another without
having touched at any intermediate
port. neutral or enemy. In addition to
the ordinary mail she carried official
dispatches from Vice-Admiral Sir A..
Milne. the commander in chief Of the
station, to the senior naval officer at
Nassau. These official dispatches were
In one of the bags with other mail.
When the Adela was brought into
Key West under a prize crew from the
Quaker city. Commander Hewett OF the
british sloop Rinaldo, another Of Sir
4. Mines vessels. lodged "A formal pro-
test against the seizure and examina-
ton Of the mails or the seals OF these
mails being violated" a few days later
the sloop Petrol was sent to Key West
and her captain. Commander Watson.
lodged n still more vigorous protest
against the seizure OF the Adela and re-
quested the surrender Of the mails.
Judge Marvin Of the United States
District Court at Key West. who was
the prize commissioner. declined to sur
render the mail unopened. because both
parties. the captured and the captors.
are Interested in the letters and docu-
ments supposed TO be contained therein
as evidence either for the acquittal or
condemnation Of the vessel and cargo"
but he offered to return every letter or
despatch which upon examination shall
appear TO contain no evidence FOR or
against the Adela." To this Capt. Wat
son replied Il must express my sur
prise that the mail bag and package Of
letters from Bermuda and Liverpool for
Nassau should be detained n moment
.fs.x 4s 10 gla,.st. chat shass ava laf
Majes,y's mail bags en- route from one
British port To another, having nothing
whatever to do with the master or own
ers Of the Adela."
The District Attorney also wrote to
Commander Watson regretting that II
was Impossible 10 depart from the reg
uar course ~ proceedings in her case
but assuring him "all possible delicacy
will be observed in regard to packages
which shall appear "a be papers In which
the British Government has Az interest
This did not satisfy Watson. who wrote
. 20 the District Attorney ut IS still inn
possible to understand how the United
States Government or courts acquire tn"
right 10 take possession or detain ana
control he- Nties'v's mail" but on the
ground that he was not acting in a
diplomatic capacity tho District At'or-
ney declined to continue the discussion.
and the following year the Adela WIS
condemned and passed into the service
Of the United states a. A cruiser.
Surely as n good American Mr.. B,ee-
low will admit that a precedent estab-
| lished. set up and enforced by the Cow
rnment Of the United states in 1852 Is
a most excellent precedent for the Brit
ish Government TO follow in 1915.
A. MAURICE Low.
WARRINGTON n. C., June 4.