Year: 1861




Of all ofsnces committed on board of her whether by
subjects Of the government 10 which she belongs or Of
other nations whilst at and it provided BY an en-
sctment of Congress that where offence commit.
ted board an American vessel ia the Ter: of for
regn State which does not take coguzinoe thereof the
courts Of the United States shall exercise jurisdic
ton over It, l. Ia therefore said and with propriety
that the deck of the vessel Is portion Of the territory
of the State to which she belongs.


The circumstances thu. the ship is continually changing
her position in rssp.ct to external objects aud every horr
occupies place on the which had just before been
common to her and all other vessels does no. at oil
change her relation to her State government affect
the excusyemess of its jurisdiction her and her
people Her relation the State and her condition is
similar 10 respects to distant province OF land
She has government constituted OF her master aud
other officers but because she and they generally out
of the physical power the officers OF the State t is Pc
cuiar in its form aud has mode of proceeding suited
10 the eIgencies of her affairs bus it sa government,
and sort of territorial government subordinate to the
superior government of the State. -.r


Now the suppositon that such vessel with such gov
ernmsn constituting in law and fact part Of the state
and its territory, may be lawfully arrested on the high
by the discharge of clnnol across her bow and
threats of her destruction aad the.eupon her decks be in
yaded with force of by officer OF another govern
ment for the purpose ofreco yeng of its subjects Tor
the accomplishment Of any object is merely preposter-
Gus.


Every person and thing on board such vessel Is OBJ
viously under the dominion of its government. Pres
Davis therefore correctly said in h, last message that


"These gentlemen" hessrs Mason and Sldcll were
as much under the ursdictction OF the Br;h govern
ment upon that shp"-the British Steamer "and be.
meath its flag IL they had been its soi and claim
on the part Of the United States TO seize them In the
streets of London would have bean well founded as
that to spprehend them where they were taken"


In fact this aggression which, if il occurred
just as in the case have stated and was by the order
Of the of the United States mere act
OF var against Great Britain and unless soned for, it
may be considered by Great Britain that var in fact eI
ISIS. II is therefore not strange tha. Mr.. Lincoln mani
fiesta the uneasiness he does in his late message


Now the cases We have stated Of this supposed right o
search for persons and their recovery the same
n principle with the case Of hessrs Mason and Side-
In al Of them the purpcss to arrss aud carry back
subject Of the Government Of the officer performing
the act Ia the ETA deserte the final purpose may
be either to compel him perform the service Tor which
he vas bound To try and execute him for the crime OF
desertion and ia the rrsseut case, these gentlemen,
hessrs Mason aud slasll--stood charged visa high
esson against the United States and were in fact com-
mitted and are held 10 custody with hundreds o.
other eminent cizsns Of the Coniedeacy for trial on


This charge and the only d,sncs President Lincoln can
make for his outrage must be under this head.


But It cannot avail II has been maintained BY some
urists that every STATE hs' perfect righ. by the
necessary and voluntary Las OF nations to recover the
tfsnder, Who after the commission within its domnons
OF certain high crimes against its laws has Asd to
foreign country aud may demand him Of the govern.


man, thereof but all these writer's except the OF
nigh treason and q. other political Offences and the
Government of the United Safes had rejected the whole
doctrine.


There is treaty between the United States and Great
Britain for the surrender Of fugitveG from justice, bu!
Il extends only to the Of certain enumerated crimes
and doss not embrace any political offence, and besides,
the demand must be ,de in prescribed form and the
surrender thereby obtained act of the government
within whose dominion the accused is found.


The re was then no color for the arrest Of these gentle
men in the mode il was effected and President Davis
correctly added to what he said in the above quotation
that-"Had they been maefsctors and citzns even Of
the United States they could not have been arrested on
British ship or British sol, unless under the express
provisions of treaty and according to the forms there
in proyided for the ertradiion of criminals"


The outrage VAS therefore, without any color of right
under any law.


We have not omitted recognise that in all the cases
above mentioned the supposed justification Of the arrest
of the vessel and search for aud recovery Of the person
If La allv In Gorca
and applicable in both times Of peace and Of war and
not upon the laws of only and what are called bel
geren rights. And know that the defenders OF the
the aggressors have generally founded their arguments
on what called beigerent rights.


But President Lincoln and his government are estop
ped from assuming any such position. BY the Act OF
Congress- passed at ia last session, the amount Of d.
rect tax directed thereby to be levied was apporioned
between all the States in the Union, before the dsrup


op and all the people Of the Confederate States we're
thereby subjected to the tax and the President signed
this BILL He has p,rtinacously refused to suffer any
formal exchang, Of prisoners Of war; according to the
sraccc of all civilized nations In all vars and insisted
that all tho hostes that have occurred were but an in
surrecion Of the people, and this principle has caused
TO be convi,ed and sentenced 70 death the
crew Of regularly commissioned privateer captured


cruise on the high seas, and in his late message he
ap,aks Of the Confederate States or rather the people,
as mere insurgents and does not recognise that they
have any agauzed government with the capacity to az
poiut and nd minister to the court Of foreign State
aud supposes these insurgents are few and that the in
.urrec.on will be shortly queed and harmony restored
Hedoes 1t IL true inform that be has six hundred
thousand armed in the field and has the whole na-
val of the United States employed upon our coasts
and docs rot show that be has yet made any progress in
the suppression Of this insurrecton and it is perhaps
uudgni6ed in US to avail oursti'es OF his miserable
and sophsiry but he is the Representative
Of the desposm which has bsen substituted for the late
government Of the Uated States and se have the right
to consider his declarations in order to ascertain the
ground and object of the aggression The case OF sh
act like al Others Is constituted Of the fact and inen'
ton and in this mode It's legal predicimsnt must be as
| ..-tajned for il Justification or condemnation.