Newspaper Page Text
gather with the suspected Tei.el, into po t, an4
tr tuera lueqaeBHuu -- - ,
traband You can prove it to be eo by prov ng
Ite wpcctei men to be contbaDd,-aud the
court must then determine the Tessel to b .con
l.bnd. If the men ere
vtetel will teoaps condemnation. - oUU mere ie
no udBmen"f0?o, ageicst the cptar.d person
But it m mn-wI Ibei thorewoold
X..Vi......t..t.in m th court oenoerning the
thmIaIwM certainty oonoermog the cbarao-
ter of the men. ' 1 .. , i o " ,
Tui course of proceeding swmsd open to
" ..u..!!. Uflii.vtf the Incidental in-
S prUtelnUreet into the Pn?.cff ?
tba main paramount pabllo one, end poIWy It
ma, make the fortune., the safety,
. . - AarvnH on the acoidentsof
"lc:,r. " ,:'r:d oeeinlarT litigation. More
oWwben judgment of the prise court opon
lawfulness If- the capture of . j.
rendered, it really concludes nothing, ini UDta
.L. Ktnta nor the neutral p-
rEKE - . oi.po.ifo- tob.
made of the eaptured contraband p.won.. That
i. .tin h. seal determined. If at
quesiiuu ' .
Ml. DT utmunittmj ..-"a
" -.11 ,nreehia surprise when told
that the larof nations has furnished no more
reasonable, pr"li. and perfect mods' than
this of dturmlBlng questions of snot i grate
imrt.iflmtoTereln cowers. The regret
i th. onoAiiion la neertheli
modified by tho reflection that tneuiniouiiy
Sol altogether snomelous;' Similar and equal
... fn,,n in Merr SYStem of munio-
rpTlaV. erpeolanri" th .tern which exist,
in A. peate? portion.of Great BrlU n and the
. iT . ,.:ot r Th 11 tU in neraonal property
be miveJ by. couH.ii
NHrtiDi to the notion that the claimant bae
loaTand the poaaeawr baa fouod U, and toe title
to real eetatS t. di.puted b, real litigant, under
the name of imaginary peraona. It muet oe
confoMed. however, tnat.wnue
.1 .,t !! Imnartial onee eoncede,
the need r'aome lorm o judicial prooeea in
iin. ,ha nhamecera of oontraband per
sons., no other form than the lllogioal and oir-
cultonaone thne described exiew, nor dbi j
other yet been euggeeted. ; Fraotically, there
fore, the choice ia betweea that judloial remedy
rAtridfiv shtitATCr. -'
If there be no judicial remedy, tha result ie
tk.t ,k. ...aatmn must b determined by the
captor fiimeelf, on the deck of the prlxe veeael.
Vry grave objtctioM arise against ucn
couree. The captor is armed, the neutral Is
unarmed. Tbe captor ta uiteresieu, projuuiueu,
.,h.n .l.mti the neutral, if truly neu
t..i i. d.intnreiiLei). subdued and heiplets.
Th. tribune la wreepeueible, while ite judgment
is carried law tuataut execution. Theoaptured
party ie compelled to submit, though bouud by
no leg. saoral, or treaty obligation to acqui
esce Reparauuu la distant and problematioal,
and depeudsat Ualon the justice, magnanimity,
orwaue ol the State in whose behalf and
" by whose authority the capture waa made. Om
.ku. rii.nnbM rcnrial aud wars nereaaafilj
arise, and these are so frequent and destructive
thut it may well beoouoiea wnoiuer ,
.f i. i. nnt OTMter sodas evil than all
that could follow it the belligwent rlgnt of
search were universally renonnced ana aoojira
ti forever. But osrry the case one step furtb.
. us. is tt.a Scuta that has made the ep-
in, nnreasonablv reluse to hear the oompUint
r..ntinrtoredrssitt' In that esse tbe
jury act of capture would be an act of r
ar toeiun witfiout notice, and poislWy aatirely
without provocation. ' - ' ' "
1 think- all lnprrjudleed minds will agree
bat. imperfect as the exieting uaicmi remou
..... h. .nnmwed to be. it would be, as a gen
eral practice, better to follow it than to adopt
ibe summary one of leaving the decision with
the captor, and rslying upon diplomatic debates
to review his decision. Practioally, It la
question of choice between law, with its lmper
iectiona aud delay, and war, with its evils and
durations. Nor is it ever to be forgotten that
neutrality, honestly and justly preserved, is al
ways the harbinger of peace, and therefore Is
the curnmon interest of nations, whioh is ODly
8lug that it is the Interest of humanity itself.
At the eame time it is not to be denied that
it may sometimes happen that tbe judicial rem
edy will become impwslble, aa by the ship--r.nW
r th nrixe teasel . or othtr oircumetan-
tha cantor fromendine or
likinir her into port for oonflacation. Ia such
case tne rigni oi a cnjiwr w.
the captured persons and to dispose of them, if
,i,.i .to rall contraband, sa as to defeat their
, - ...... . ik. .r..tni nl
.i. .r.ti nnrniMM. cannot reasonably be deol-
What rule shall be applied ia such caseT.
Clearly, the captor eugnt to oe requirwi uw
that the lailore of the Judicial remedy results
from clrcumatancrs beyouQ ms cotiroi, anu wivn
... i.i. f,.it - Otherwise, he would be allowed
to derive advantage from a wrongful act of his
own f- -
In the prseot case, Captain Wilkes, after
capturing the contraband persona ana mailing
prixe of the Trent in what seems to us a ptr
ieoly lawlul manner, iistaad of sending her
relenaed her Irom the capture, and
permitted her to proceed with her whole cargo
upon ner voyage. n wus uwuuj k""""
ed the judicial examination wnieh might othe.
wise have occurred. " .' .
If, now, the capture bf the contraband per
sona aud the capture of the contraband vessel
... to h ..o.rded. not as two separable or dia-
tinct transactions under the law of nations, but
as one transaction, one capture only, then it
tvtim.a tht the caoture in this case was left
unfinlahed, or was abandoned. Whether the
nnit.rf Rtntp have a rieht to 'retain the chief
publlo benefits of it, namely, the custody of
the captured persons, on proving them to be
contraband, win nepena upon iu puiiu.i;
question whether the leaving of the transaction
nnfiniahed waa necessary, or whether it waa nn-
therefore voluntary. If it waa
nectssary, Great Britain, as we suppose, must
of course waive the defect, and the consequent
failure of the judicial remedy. On the other
band, It Is'not seen how the United States can
insist upon her waiver of that judicial remedy,
If the defect of the eapture resulted from an
ot of Cap. Wilkes, which ivould be a fault on
their own aide. , ' '
Capt. Wilkes has presented to this Govern
ment his reasons for releasing the Trent. "I
r forbore to aeixe her," he says, "in consequence
of my being bo reduced In officers and crew,
and tie derangement it would cause innocent
persons, there being a large number of passen
gers who would have been put to great loss and
inconvenience, as well as disappointment, from
tha Interruption it would have caused them in
not being able to join the steamer from St
Thomas to Europe. I therefore concluded to
sacrifice the interest of my officers and crew in
the price, and suffered her to proeeed aftar tbe
detention necessary to effect the transfer of
those Commiasioners, considering I had obtain
ed the important end I had in view, and which
frit tha interest of our country and Inter.
rupted the action of that of the Confederate. "1
I shall consider, nrai, now wee ruww ougm
to affect the action of this Government: and,
aecoudly, how they ought to be expected to af
fect the action ol Great Britain. -
The reasots are satisfactory to this Govern
ment, so far aa Captain Wilkes ia concerned.
It would not desire that tbe San Jacinto, bar
officers and crew should be exposed to danger
and loas by sreekcDlng their number to detaoh a
nrirn erew to eo on board the Treut. Still less
could it disavow the humane motive of prevent-
. . .n1 M.rkun. rfiutia.
inn iDCOuveiiicuucB, rw uwf u
ters to the several hundred innocent passengers
lound on board tne prlxs vessel. Nor could this
Government perceive any ground for queationr
ing tbe fact that these reasons, though apparent-;
)y iacongrnous, did operate In the mind of Cay.
Wilkea aud determine him to release tha Trent.
Human actions generally proceed upon mingled,
motives. Ha meae-
.ured the sacrifices which.tbis decision would
cost It manifestly, however, did not occur to
him that beyond the sacrifice of the private in
tewets (aahe calls tbem) of hie offlcera and
-.- ,k, mitrht also Tjossiblr be sacrifice
even'ol the chief and publio object of his cap.
7..nnmlv. the riRlil of his Government to
the custody and disposition of the captured per-
aons. This Government eannot censure nim
t. .hi. no-ralpht. - It conleases that the whole
subject canoe unforeseen upon tho Government,
M doubtless it did upon him. Its present oou.
victions on the point in .question are the result
of deliberate examiuatoo ana aeuuciion now
made, and cot of any impressions previously
formed. . ' .' ','u
NrverlLel. tb question now le, notwbe'J.
.. r..in Wilkes is festified to bis Govern-
L .k.i k. rfM. but what is the present
vkw of the Govcrament as io tbe effeot of
A ami mi riff HOW, IOT argU'
the release oi tne i,
a waiter of tba claim of
hold, tba captured persons,
the United States eould In that case have no
hesitation In saying that tha act whioh has thus
already been appnted by the Government
must be allowed to draw lis legal ooustquenoea
after It. It la the vary nature of a giU or ft
charity that tha giver cannot, after tha cxna
of bis benevolence la past, recall or modify its
benefits. ' . . ..
W. k. hrnnvht fliraotlv to tne OHimuuu
whether we are entitled to regard tha releaae
of the Trent aa involuntary, or whewer we
are obliged to consider that it waa voiunw,.
r'i.,in ih. ,.Imm Mnld baia been involun
tary had it been made solely upon tho first
ground asaigued for It by Capt. Wilkes, name
ly, a want oi a sumcient lorce vo wu
vessel into port for adjudication. It is not the
A..t t . .ntn tn hmird hia own vessel In
order to secure a judicial examination to the
No lorce nriae orew. however.
la legally nrcessary, for It is the duty of the
captured party to acquiesce auu gu usw
before tne tribunal to wnose iunbuiguuu p-
peals. If the captured party Indioate purposes
to employ means of resistance, whioh the captor
muinnt with Drobable safett to himself over
come, be may properly leave the vessel to go
forward: aud ne tber ana nor ins ie rep
resents can ever afterward justly object that the
captor deprived her of the Judicial remedy to
which she waa entitled. ' .' ',,
, Bit th second reason assigned by captain
Wilkea lor releasing the Trent differs from the
first. At best; therefore, it must be held that
Captain Wilkes, as ha explains himself, aot:d
trom combined sentiments of prudence and
xenerosity, and sd that tha release of the prise
vessel was not strictly neoessary or iuroma
Smwndlv. How oneht we to exDect these ex
planations by Capt. Wilkea of bis reasons for
leaving tha capture Incomplete to affect the
action of the British government1
The observation upon this point which firtt
occurs is, that Capt. Wilkes's explanations were
not made to the authorities of the capthred
vefsel.' If made known to 'them, they might
have approved and taken tbe release, upon
th rendition of waivlntf a iudloial invesiica-
tion of tha whole transaction, or they might
hat raliiaed to aoccot the release upon that
AnnHllinn 1 '
But the case Is one not with them, bat with
th Hritiah Government. If we claim that
Great Britain onght not to icalat that a judicial
trial has been lost because we voluntarily re
leased tbe offending vetsel out oi consideration
for her Innocent passengers, I do 'not see how
she ie to be bound to acquiesce In tbe decision
which was thus made by us without necessity
oa our part, and without knowledge of cocdi
tiona or consent on her own. Tha question be
tween Great Britain arid ourselves tous elated
would be queation not ol right and ot law,
hut of fvor to be conceded bv her to us In re
turn for favors shown by us to ber, of tha value
of which favors on both sides we ourselves
shall be the judge. Of course the United States
could have no thought of raiting such a question
tn ativ MM. '
! I trust that I have shown to the satisfaction of
the British Government, by a very simple and
natural statement of the foots and analysis of
law applicable to them, that this Government
has neither meditated,' 'nor practiced, nor ap
proved any deliberate wrong in the transactions
to which they have called its attention; and on
. . . . . . j s a.
the contrary, tnat wnat nas nappeueu naa oeeu
simply an inadvertency, consisting in a uepan
ore by the natal officer, free from any wrongful
motive, front rule uncertainly established,
and probably by the several parties concerned
either Imperfectly understood or entirely un
known. ' For this error the British Government
has a right to expect the same reparation that
we as an independent State, should expect from
Great Britain, or from any other friendly natlot
In similar case. 1 k .' ' -
I have not been unaware that in examining
this questian I have fallen Into an argument for
what seems to be ft British side of it, against
my own country, but I am relieved from all
embarrassment' on that subject. I had hardly
fallen into that line of argument when I discov
ered that I was really defending and manitain
log, not exclusively British interests, but an old
honored and cherished American cause not up
on British authorities, but upon principles that
oonstimte a large portion ot the distinctive pol
icy by which tbe United States have developed
the resources of a continent, and thus become
considerable maratime power hava won tha re
apeot and confidence of many nations. These
principles were laid down for os in 1804, by
James Madison, when Secretary of State in the
Administration of Thomas Jefferson, In instruc
tions to James Monroe, out; Minister to Eng
land. Although tha ease before him concerned
description of persons different from those
who are incidentally tbe subjects of tbe present
discussion, tha ground be assumed then was ths
same I now ocoupy, and the arguments by which
he sustained himself upon it have been an in
spiration to me in preparing this reply.
"Whenerer,"-he says, "property found In ft
neutral vessel is supposed to be liable oq any
ground to capture and. condemnation, ths rule
in ail cases is, that the question shall not bs de
cided by tbe captor, but be carried before le
gal tribunal, where a regular trial may be had,
and wharetb captor himself Is liable to dama
ges for an abuse of his power. Can it be res
sooable, Iheo, or just, that ft belligerent com
mander who is thus restricted, and thus reapon.
sible in ft case of. mere property Jof trivial
amount, should be permitted, without recurring
to any tribunal whatever, to examine the crew
of a neutral vefeel, to deoide the Important
question of their respective allegiances, and to
carry that decision .into execution by foroing
every individual he may choose into service
abhorrent to his feelings, cutting him off Irom
his most tender connexions, expoaiug his mind
and his person to the moat humiliating discip
line, and bis life itself to the greatest danger?
Reason, justice and humanity unite in protest
ing against so extravagant proceeding."
If I decide tbia case in favor of my own
Government,. I must disavow Its most cherish
ed principles, and reverse and forever aban
don its essential policy. Tba country cannot
afford the sacrifice. It I maintain those prin
ciples, end adhere to that policy, I must sur
render the case Itself, It will be seen, there
fore, that this Government could not deny tbe
justice of the claim presented to us ip this re
spect opon its merits. We sre asked to do to
the British nation just what we hare always in
sisted all nations ought to do to us.
The claim of the British Government is not
mads in ft discourteous manner. This Govern
ment, since ite first organisation, has never used
mors guarded language In similar case.
In coming to my conclusion, I have not for
gotten that, if the safety of this Union required
the detention of the captured persons, it would
be tbe right sod duty of this Government to
detain. them. - Bat the effectual cneck and
waning j proportions or toe existing insur
t Hionr aa well aa tne comparative unim
portance oi tne oapturea persons toemseives,
when dispassionately weighed, happily forbjd
ma Irom rtsottlng to that defense.
. Nor am I unaware that American citizens
are not in sny ease to be unnecessarily sur
rendered for any purpose into the keeping of
foreign state. Only the captured persons, how
ever, or others who are interested in them, could
justly raise question on that ground. ,
Nor have I been tempted at all by sugges
tions that cases might be found in history where
Great Britain refused to yield to other nations,
and even to ourselves, claims like that which is
now before os.. Those cases, occurred when
Great Britain, as well as the United States,
was the home, of generations which, with all
their peouliar interests ftud passions, have pass
ed away. ttbe eould in no other way so effectu
ally disavow any auob injury as we think she
does by assuming now as hsr own the ground
upon whioh we then stood.. It would toll little
for our own claims to the eharsoter of ft just
sad magnanimous people, if we should so far
consent to be guided by the law of retaliation as
to kft up buried Injuries from their graves to
oppose against what national consistency end
tha national consclenoe compel us to regard as ft
claim rntrinsioally right
Patting behind me ftU suggestions ot this
kind, I ' prefer to express my satisfaction
that by tbe adjustment of the present case
upon principles oonfesicdly . American, and
yet, aa J trust, mutually satisfactory to both
nations concerned, ft quts;ion is finally and
rightly settled between them, which heretofore
exhausted not only all forms of peaceful dincur
sions, but also the arbitrament of war itself,
for more than ball s eenlury alienated tbe two
countries from each other, and perplexed with
fears and apprehensions all other natiODS. . ..
. The four persons in question are now beld
In militsrj custody at fort Warren, la ths State
of Massachusetts, Thy will be cheeriuny lib
erated. Your Lordship, win pieasf inuioate
time and place for receiving mem.
I avail myself of this occasion to offer to
your lordship renewed assurance of my very
WM H. SEWARD.
MR THOUVENEL TO MR. MERCIER.
ADMINISTRATION OF FOREIGN AFFAIRS,
POLITICAL DEPARTMENT, PARIS, Dec. 3, 1861.
fin: Tha arrest of Messieurs Mason and Sli-
iiii. nh hoard the Encllah oaoket, Trent, by an
American cruiser, ban prsduoed in France, if
not tbe same emotion fta-ln England, at least
rtrema astonishment and sensation. Publio
sentiment was at onoe engrossed with the law
fulness and the consequence ot sucn an act, ana
the impassion which has resulted fiora tbls has
not been lor an instant aouDiiui.: i -
The fact has appeared so muon out or ac
cordance with the ordinary rules of interna
tional law. that It has choaen to throw the re
sponsibility for it exclusively on the commander
or tbe san Jacinto. - it is not yet given oa w
know whether this supposition Is well founded,
and tha eovernment or tne Cmoeror nas, tnere-
fore, also bad to examine the question raised
bv the taking away of the two pas3engeta irom
tbe Trent. The desire to contribute to prevent
conflict, perhaps Imminent, between two pow
ers for which It ' is animated by sentiments
equally friendly, and the duty to uphold, for the
purpose of placing tbe rignis oi its own nag
under shelter from any attack, certain prlnci
nles. essential to the security of neutrals, have,
after mature reflection, eonvinoed it that it
could not, under tbe circumstances, remain en
tirely silent. '. ' ' ' ' ' ".
. It. to our deeo reeret. the Cabinet at Wash
ington were disposed to approve the conduct ef
the commander of the San Jaointo, it would
be either by considering Messrs. Mason and
S Udell as enemies, or as seeing in tbem nothing
but rebels. In tbe one as io the other case
there would be ft forgetful nee, extremely an
notlne. of nrlnolrjlce upon which we bave al
ways lound the United States in agreement with
us. , -
Bv what title in effect would the American
cruiser, in the first case, have arrested Mecsrs,
Mason and SlidellT ,Tbe United. States have
admitted with us, ia the treaties concluded be
tween tbe two countries, that the freedom of
the flas extends Itself over tbe persons found
on board, should tbey be enemies of one of the
two parties, unltsi tbe question Is ol military
oeooie actually in the service ol tne enemy
Messrs. Mason and Slideil were therefore, by
vir.ue of this principle, wbicb we bave never
found any difficulty io causing to be Inserted in
our treaties of friendship ana commutes, per
lectly at liberty under tbe neutral hag of JC,ng
laud. . Doubtless it will not be preteuded that
they could be considered sa oontraband of war.
That wtiiob constitutes coutraoana oi war u
notiet.it is true, exactly settled, the limits-
tiocsare nut absolutely the same lor all the
powers; but in what relates to persons, tbe
special stipulations which are found in tbe treat
ies concerning military people define plainly
tbe character of those who only can be seized
upon by belligerents; but there is no need to
demonstrate that Meetrj. Mason , and. Slideil
could not bo aeaimilated to persons io that cate
gory. There remain', therefore, to invoke, In
explanation of tboir capture, only the pretext
that' tba j were bearers of offioial dispatches
fiom the enemy; but this is tbe moment to re
oall a circumstance which governs all this affair,
and which renders the conduct of the American
The Trent was not destined to a point belong
ing to one of the belligerents; she was carry
ing to a neutral country a cargo and her passen
gers, and moreover it was in a neutral port that
they were taken. If it were admissible that
under such conditions ths neutral flag does not
completely cover the persons and merchandise
It carries, its Immunity would be nothing more
than an idle word; at any moment the commerce
and the navigation of third Powers would have
to suffer from their innocent and even their in
direct relations with tbe one or the other of the
belligerents. . These last would no longer find
themselves as having only the rights to exact
from the neutral entire impartiality, and to in
terdict all intermeddling on his part in acts of
hostility. .They would impose on bis freedom of
commerce and navigation restrictions wnicn
modern International law has refused to admit
aa legitimate; and we should, in a word fall
back upon vexatious practices against which, in
other epochs, no Power has more earnestly pro
toatsd than the United States.
If the Cabinet of Washington would only look
on the two persons arrested as rebels, whom it
is always lawful to seise, the question, to place
It on other ground, could not be solved, however.
in a sense in favor ot the commander or the San
Jaointo. There would be, in such o'sse, misap
nrehension of the principle whioh makes ft ves
sel ft portion of the territory of the nation whose
flag ltbears,and violation of that Immunity which
prohibits ft foreign sovereign, by consequence,
from the exercise of his jurisdiction.
' It certainly is not neoessary to recall to mind
with what energy, under every circumstance, the
Government ot the United states baa maintain
ed this immunity, and the right of asylum which
la the conseauenoe of it.
. Mot wishing to enter upon a more deep dls
enasiou of ths question raised by the capture of
Messrs. Mason and Slideil, I bave said enough,
I think, to settle tbe point that the Cabinet of
Washington could not, witnout striking ft blow
at the principles which all neutral nations are
alike interested in holding in respect, nor with
out taking the attitude of contradiction of its
own course up to this time, give ite approbation
to the proceedings of tbe commander of the
San Jacinto. In this state of things, it evident
ly should not, according to our views, hesitate
about tbe determination to be taken. .
Lord Lyons is already instructed to present
the demand for satisfaction which tbe English
Cabinet is under tbe neoecsity of reducing to
form, and which consists tn the' immediate re
lease of the persons taken from on board tbe
Trent, and in sending explanations which may
take from this act its offensive character toward
the British flag. Tbe Federal Government will
ba inspired bv ft lust and exalted feeling in de
ferring to these requests. One would search in
vain to what end, for what interest, it would
hazard to provoke, by a different attitude, a
rupture with Great Britain.
: For ourselves, we should see in that fact a
deplorable complication, In every respect, of the
difficulties witn wmco tne taoinet or wasning
ton has already to struggle, and precedent of
ft nature seriously to disquiet all the Powers
which oontlnue outside of the existing contest
We believe that we give evidence of loyal
Iriendahin lor the Cabinet of Washington bv
not permitting it to remain in ignorance, In this
condition ot things, oi our manner oi regarding
it, I request you, therefore, sir, to seize tbe
first occasion of opening yourself frankly to
Mr. Seward, and, if he asks it, send him a copy
of this dispatch.
Receive, sir, tbe assurance of my high eon.
Monsieur HENRI MERCIER,
Minister of the Emperor at Washington.
MR SEWARD TO MR. MERCIER.
DEPARTMENT OF STATE,
WASHINGTON, December 27, 1861
Sir: I have to
copy you were so good as to give me of the dla-
f latch addressed to you on the 3d of December,
nst, concerning tbe recent proceedings of Capt.
Wilkes, in arresting certain persons onboard of
the British contract mail steamer Trent.
, Before receiving tbe paper, however, tbe Pres
ident bad deoided upon the disposition to be
made of the subject which has caused so much
anxiety ia Europe. That disposition of tbe sub
ject, as I thlok, renders uanecesssry any discus
sion of it, ia reply to the comments ef Mr.
Thouvenel. I m permitted, however, fja My
that Mr. Thouvenel has not been In error in sup
posing, flrat, that tbe vovernmeoi or tne wnitea
SiatM had not acted in any spirit of disregard
of the rights, or of tbe sensibilities, of tbe British
nation, and that ne is cquauy juat id mubihjj
that the United States would consistently vin
dicate, by their prsctios on this occasion, tbe
character tbey have so long maintained as an
advocate of tbe most llberalprlnolples concern
ing tbu rights of neutral States in maritime
W When the French Government shall come to
see at large the views of this Government and
those of the Government of Great Britain on tbe
subject now in question, and to compare them
with the views expressed by Mr Thouvenel on
the part of Fnnoe, it will probably perceive that,
while it must be admitted that those three Pow.
ersare equally impressed with the same desire
for the establshmsnt of principles favorable to
neutral rights, there is, at the seme time, not
such tn entire sgteement concern log the appll-
oetloa of those principles as la desirable to soure
that Important object. . - - ...
The uovsrnment oi , .
happy If the occasion whioh has ellcltedl tola cor
respondent can be Improved so s to seoure ft
more definite ftgreement upon tne wnoio sunjeui
by ftU maritime Powers. - ;
xou wmaasurw ror. luvunum
eminent appreciates as well the frankness of bis
explanations as tbe spirit of friendship and good
will toward the United States In which they
are expressed. .- ... . ..
II la a Sincere pleasure tor mo uumu
tn axchanra assurances of ft friendship which
had its origin In associations the most sacred In
the history ot both countries.
I avail myself or this opportunity to renew w
you, sir, tbe assurance or my oign cousiuera-
WILLIAM H. SEWARD.
Mr. HENRI MERCIER, etc. etc.
LORD LYONS TO MR. SEWARD.
WASHINGTON, Dec. 27th, 1861.
Tt th Htn. Wm. H. Semrdt
Sii I have tbls morning received the note
which you did me the honor to address to me
-w . vn -a ill. J I l
yesterday in answer to &ar uusseirs airatcn
of Nov. 30tb, relative to the removal of Messrs.
Msson, Slidoll, Mor arlaneand iflusti, from the
British mall backet Trent. I will, without loss
of time, forward to Her Majesty's Government
a copy or tbe important communication wmoo
you have made to me. I will also, without de
lay, do myself tbe honor to confer with you per
sonally on the arrangements to be made for de
livering tbe lour gentlemen to me, in oraer tnai
thv mat araln be nlaced under the nrotectlon
of the British flag.
I bave tbe honor to De, eto .
H )t (91)10 SttfeittiAti
MAJTTFTJnfT sTTJiLsTR, Publishers.
EO. W. rraANVt'eNNY, Wltar.
FRIDAY MORNING, JAN. 3, 1862.
Session of the General Assembly,
The different editions of tbe Ohio Statis
stan will be furnished during tbe spproaching
session of the General Assembly as follows:
Daily Statesman, per mouth, - - SO cents.
Tri-Weekly Statesman, per month, - 25 cents.
Wecklv Statesman, for three mouths, 30 cents.
Weekly Statesman, per year, - $1.00
All orders promptly filled.
: Address, '"
, MANYPENNY b MILLER,
i Publishers Ohio Statesman,
r. Columbus, Ohio. '
O" Our readers will find in Ibij paper the
correspondence which ended in tbe surrender of
Messrs Mason and Slidiix to the British Gov
ernment. , The absorbing interest felt by tbe
people generally on this topic, snd the Impor
tance of these documents in regard to our rela
tions with Englsnd snd France form, It seems
to us, an ample apology for occupying so much
spsce with their publication.
LYONS. The Legislature--Arrival of Members.
1 The session of tbe Ohio Legislature will be.
gin next Monday. A number of the members
are already here, and others are arriving every
hour. The candidates for the various offices,
which the Senate and House have to bestow,
are very numerous. They ' outnumber the
members who have arrived, and the scramble
for place is very great. . .
The following members hadeached the city
Henry S. Neal, of the Lawrence District;
William E. Finck, of the Perry District; Peter
Hitoboock, of the Geauga District..
John Ferguson, of Clermont; John Q.Smith, of
Clinton: J. 8. Relsinger, of Crawford; F. J.
Diekman, of Cuyahoga; J. R. Hubbell, of Del
aware; Jos, Bradbnry, of Gallia; Benjamin Ai
High, of Henry and Putnam; Manning 6 tiers,
of .Hocking; B. F. Corey, of Lawrence; James
Myers, of Lucas; John Fee, of .Vinton; James
Scott, of Warren; 0. L. Clarke, of Washing
ton. i i
The offioial returns of the late eleotlon in
Wisconsin for members of the Legislature, as
published in the Milwaukee Nevot of the 19th
the following result:
Of Democratic members elect, one has since
died, and another resigned.
More Bank Suspensions,
Tbe Northern Bank of Kentucky, at
ville, has suspended specie payment.
The Pittsburgh Fori, of Jan. 1, states that
the Citizens', Exchange, Merchants' and Man.
ufaoturers, and Allegheny Banks had suspend
ed the day previous. , ..
The British Demand for Mason and
We publish in full in Ibis paper the eorres
nondence relatlns: to the demand lor the deliv
ery ef Mason aud Slideil to the protection of
the British government. 1 be demand states
that tbe seixure was ft violation of International
law, but does not state on what grounds, snd It
avoids giving any official character to the per
sons seised; therefore we oonclude that tbey are
demanded sod given up as private peaoeable
passengers, snd as suon entitled ta tne protec
tion of the flat; of the nation under whioh thev
were. ' It will strike the public that this private
character is of a very forced construction, when
their official mission was so notorious, to the
officers of the Trent 'before the rebel.commis-
sioners went on board, and especially when Eng
land has recognized the rebel organization
which, sent them as a belligerent power .&'.
."Forced construction." It looks a leetlelike
a matter of fwtt all round.
The Delivery of Mason and Slidell.
We knots that within ia few hours of the fact
of tbe arrest of Mason and Slideil being made
known to the President, he entertained and
expressed the opinion that the prisoners must
be given up. at vgnHmrewt aujxt
titer. ! .; , .
Why did not tbe President set upon his first
thonghtt To bave given up tbe prisoners in a
magnanimous spirit, and for the ends of inter
national justice, would have shown a great
spirit. To surrender them upon threats, even
though just, has in it ft taste of the ashes Of bit
ternese. What bad counselor advised the Pres
ident to Invite tbls humilistionT Albany (N.
fw-The British Parliament will meet for tbe
dispatch of business oq the 14th or 16th Inst.,
whioh Is some weeks earlier than usual. '
n i . v '
0" Mazzim was at last aooounts dangerously
ill In England, and several of his personal and
politieal friends hare been summoned to his
bedside. ', t
ST The Rev. William M. Scott, D. D-, Pro
fessor In the Northwestern Presbyterian Theo
logical Seminary at Chicago, and formerly of
Cincinnati, died on tie 22d alt. at Princeton,
ST Pennsylvania ha4 now one hundred thous
and men In service in Virginia, Maryland, Ken
tusky, and North and South Carolina, and sev
eral thousand more in camp. ' '
Supreme Court of Ohio.
Bon. Joilab Scott, Chief Joittce; Hon. Milton ButlltT.
Hon. William V. Peck, Hon. William V. GholioD, and
Hon. Jacob BrlnkornoO, J odgvs. h. J.Orilcnilold, Ba
TUESDAY, Dec. 31, 1861.
TUESDAY, Dec. 31, 1861. GENERAL DOCKET.
No. 88. The State of Ohio, on tba relation of Qaom
w. Loo wan. v. Janas Taylor, xn Vuo warranto,
Irror to tha Dlatriot Court of Butler couotj.
Whan a nambsr of tha Board ot Directors of the
Count Infirmary waa, by aali Board, appolated to tbe
offloa ot Superintendent ot the County Infirmary, ha
atill eontinulM to hold tha once ot Diraotor Held:
Tnat tha donee ol the two omoea are incompatible, and
cannot bs totally bald by tha same poraon at tha aama
timet and iu.cn eppoinimsat waa, tnereiore, llleial ana
Judgment reversed with eoita; but tha term of tha
omo In oonteat haying expired ptndmtt UU, than will
bono J adamant or ouater. . t .
No, 63. Oaort Thomas v- Tha Incorporated Village
of Aahland. Irror to Common Heai of Kichland
oonnty. . , .
An ardlDance of an Incorporated village provided,
that peraona keeping billiard table, to be need by othere,
ibould be lmprlaoned for a term not exceeding thirty
daye: Held, that, although auch an ordinance may have
been authorized by eeeUon 35 of th Municipal Corpora
tion Act, as amended 5th April, 1855. yet. no oomspond-
lng change in the powers and jut Udlotlou of Mayora of
Incorporated Tillage, soaa tafuralih theaneaneof a
trial by Jury, having been made, a trial and Mnieno to
imprisonment by the Mayor, of a person charged with a
violation or the ordinance, waa illegal. ,
Oaao Mo. 30, republished to correct th omission, In
former publication, ef a material word:)
No. 30. Bibcock St Co. T- John 0. Camp tt at. Re
served In Iria oouoty. i . . .
'BainuRHorr. J. held ".
1. A Judimentof a court of competent jurisdiction.
opon a sueation necessarily Involved in the auit, ia con
clUilT in a subsequent suit between th aama parties de
pending on tbe aaai queation; and in respect to tht
quality or eonomtiva enact upon parties and prlviea. th
decrees of courts of equity, upon matters within their
jurisdiction, stand on the asm footing with Judgments
at law, ,
' S. Th gtiural rule that in order to make a Judgment
at law onciosiT Between tn earn parties or their prlv
iea In a aubsequrat auit, ths matter attempted to b dta-
nuted In the subsequent suit musthav Dtenpnt direotlv
In isaae by the pleadinge in the Brat hat no proper ap
plication wnere uie nrst sun was in onaneery, uroiying
th taking of an account between numerous partiea oo-
anpying vanoua relatione to eacb other, and tbe adjust
ment ot many and complicated claims between them, and
in which many of the claims of th partlei respettWtly
most of necessity bs mad and contested crally before
in master ana on argument or exceptions to bis conclu
sions; and where it ia apparent, from ths whole record
of tt first suit, thatithajnatteriu dispute in the subse
quent suit might hay been contested, md must hare
been passed npon by thaVoourt in the firtt; ths partita
are eouoiaoea by tn rorauer adjudication
xcapuon to tn retrjitlj.e in Ira conoluaxM or law sus
tained, and petitiot iVv.l'ed. . .
Ajourned until ?raMuorninf lu o'clock.
At Barneavlll, Ohio, by tha Key. Mr. Jacklon, on tha
Mth of Dcoamber,1861, Mr. Jamb W. Walt, o'
WoodsfUld. Ohio, and Misa M. L. Talbott, daughter
of Wm. A. Talbott, Ksa-. of th former plaest
Our friend Waltos and hi accomplished bilda hay
oar bast wishes, that happiness and prosperity may at
lend them through all th Journey of lit.
ST Gov. Tod and family arrived in the eity
yesterday, and took np their quartors for the
present at the American.
PolIci Couit. The following persons were
before Mayor Thomas yesterday morning:
William Quirk was fined three dollars and
costs for resisting officer Wakeman.
Y, Heints, Henry Cup and Lewis Black, ar
rested by Marshal Thompson, were eacb fined
three dollars and costs for fighting.
James Hope, arrested by offioers McCabe and
Coffrotbywae fined one dollar and costs for
fighting, and in ; default of payment, was sent
to the chain-gang.
Alice Manville, arrested by Marshal Thomp
son, was fined three dollars and coats for dis
One other person was fined three dollars apd
costs for fighting. .. .
. O" Capt. F..W. Hurtt, of tbe Journal, Quor
termaster to General Rosecrans's Brigade, left
this city on Wednesday afternoon for the head
quartets of the army In Western Virginia.
IU" Camp Dennlson, on the Little Miami
Railroad, seventeen miles from Cincinnati, and
Camp Chase, near Columbus, are the only au
thorised cmps in this State for the mustering
O There were twenty-one snlta commenced
against tbe city of Cincinnati on Tuesday morn
ing. In the Superior Court of Hamilton county,
on account of the overflow of water in the
northeastern part of the city last summer.
These are only a few of tbe number that have
been entered up.
Sintinced to ths O. P On the afternoon
of Tuesday, Deo. 31, the Court of Common
Pleas of Muskingum county passed the follow
Timothy Hurley Larceny, one year In Pen!
tentiary; Mitchell and Jacobs Robbery, three
years in Penitentiary; John Carmiohael Biga
my, one year In Penitentiary; Oliver Ramsey-
Manslaughter, ten years in Penitentiary; John
Smith Larceny, one year in Penitentiary;
Reuben Quimby Horse stealing, three years
Oni Too Mart. At Bloomsburg, Pa., last
week, a young man named Levi Irvine was ar
rested and lodged in jail for marrying two young
ladles on tbe same evening.
JJTrom the Zanesville Courier, we learn that
quite an excitement was occasioned at tbe viU
lege of Belmont, on Saturday night, Deo. 28
It appeals that the telegraph operator at that
place, and a shoemaker, both paid their ad
dresses to the same young woman. For some
time they bad been watching each other, and
on Saturday night the electrician assaulted the
cordwalner, as the latter was coming from the
vonntr woman's hotue. knockins- him rlnwn anil
beating him so terribly at to endanger hit life?
Tbe telegraph man fled, with the rapidity pecu
liar to bis profession, down the railroad tran to
the nearest station, but was shortly after surest-
ed, and Is now in duranoe vile, awaiting-the re
sult of a trial.-' Great excitement wsi experi
enced among the villagers, '-. ;
., . .... . . .' . '
Uncle Salt's Chsutsus Passim to John
Boll Maaon and Slideil.' ,
i( Oysters I Oysters!!
HAS JUST RECEIVED, AND WILL
ba In daily receipt, by tftnu, .ef ., . '? ... u; ,
P&ZSH CAB Vf OYSTESS, ;:
frsm Baltimore and fair ' Bawn. "
Oall at Wagner's Oystrfaod trait Depot, No. SI Bait
Blat street, .
er o. T. iniriH
Htasra Uirecaor.... is mr.iaisnu
Treaaurer. ........ ..JOHN m. KINNKY.
Scenic Artist.... ALLEN arista.
Friday Envenlg, January 3d, 18C2. ,.
Benefit of the "Infant Wonder,"
On which ocoatlon ih will apparln her admired rspra
. .. acntationof the
Performing four Characters, with three long! and three
DANCINd BY... "!" K0B HIW
' Also, the Drama of
jj.am ' s-a a-i .
' THB tilTTLI DBjVIL'8 SHAM. ..
Doors opso. at 7. Onrtatn will rljat 7. ,
80ALK Of PKIOS.-Drets Circle, 50 enti Vaml-
ly 0lrolo,25 oanta. , - , ,j-,. ; .u.r, ,
THE OlIIO PENITENTIARY.
' ' ' ' r '
' . Orrios Omo PaioTnrTiAxr.r
Ooinmbu, Deo. S3, 18S1. t
SEALED Proposal will ba reeolved at thU oBoa nUl
IBIDAY, January 10th,186S,J o'elock P.M., for
fornlsbini tna ustttsuon wuu , i 4 .
1,500 lbs. Fresh Beef
...v. Aaiinnd In tha fooraoarUn. aohwak, In
eanal proportions, on Mondays. Wednesdays and Fridays,
from January 13th, 1802, to Jnly 13th, 1803. Tba But
to b of good quality; Irom came not weigmng ies man
1,500 lbs. Corned Beef
nr week, from January 13th. 180S, to Jnly 13th, 1803
The beef to ba of good quality, olaar of knuckle bone
and shanks, i In quantity to be increased or diminished
aa tha Warden may dirtot.
150 bbls. Mess Pork, 150
1 bbls. Prime Pork,
to ba put np from corn-fed hogs, and packed with Raw
York or Liverpool ooarse aalt. Bids will ba entertained
for fifty barrels, and upwards.
Also, bida will ba received at th aama Urn, and for
th earn 'length of time, for, th clear, rough and aalt
grease of tbe Institution.
Mo bida will be oonsidered unless eatltfactory aeonrlty
for th faithful performanc of th aama aooompany
Ko bida will be reotived on the day of letting. "
... . , JOHN A. PBBNTIOK, Warden.
; j ' H J, pAR80Ng() . ri
I J. J. WOOD, . pireotera.
, . -v.. j, j, jamnby, ),., ,n . ' '
ntrlllla TTnlnn. Newark North Amarloan. Delaware
Gaaette, Lancaster Oazette, and London Chronicle wffl
please copy till day, and tend bills In triplicate, receipt
ed, to tne warden. ... , .x ,.,
decsodt . '.,',,.:.,,., : :
Ornct orrBi Ooumaoa stXnru R. R. Co.l
' - - - Colombds, Dev. 18, lflfll.
mHB iTOTlKHOLDgRa 01 TH1 OOLTJMTOB AND
JL Xenla Railroad Company ar hereby notified that
tha Annual Meeting for th election of Dlreetor to serve
the ensning year, and for other purposes, will b held at
th office of the Company In Columbus, on Tuesday, the
7th day of January, IMS, between the hear ol IS
oo'lock A. M. and o'olook P. M.
. 0YED8 WAY, Beeretaay
TO THE PUBLIC,
AN AND AFTER THE let SAT OF
KJ JANUARY N8XT, w will aeil all our sjooda, with
out respect to persons or parties, t.
- For Oash Only.
- The cash terma now enforced by laalara Jobbers, Im
porters, eto., compel this annoon cement.
, BAIN st BON.
decss-tr ; I .
i SHERIFFS SALE.
Rickiy St Bro. )
vs. Common Pleas.- -George
TV VIKTCE OF A WKIT OF FI FA.
IJ to ma directed from the Court of Common Pleas of
franklin county, 0., I will offer for aale at the door of
tne court uouso, in in oily or oolumbua, O., on
Tuesday, tbe 14th day of January, A. D. 1862,
at two o'olook P. U., th following described goods and
chattels, to wlk
One pair Fairbanks' scales, one doable bariel shot
gun, one rifle, one store, two boxes sundries, two
trunka ot clothing and on carpet.
GIO.. W. HUFFMAN, Sheriff.
By Xn. Datii, Deputy.
Printer's fees, 15 ao.
Superior Court of -.Franklin' Coun
.,. ty, Ohio.
Oilkert Ii. Thompson!
Parley L. Howlettand (
Auguaina Jieitner. J
NOTICE 19 HEREBY OIVEtV, TO
lariey L. Howie tt, of the State of Ulssourl, that
Ollliert L. Thompson, of th county of franklin, in the
state oi umo, oia, on ine aay or January, A. D.
ltKW, file bis petition in the Superior Court of franklin
county, Ohio, againat tha aald Parley L. Howlett and
Augustus Leltner, defendants, setting forth, that, on th
6th day of January, A. D. 1853, aald Bowlett mad a
written agreement with said Thompson to oonrey to him
lot No. 48 In the town of Lookbourne, in aald county,
upon the payment, of fifty dollars, to ba paid,. 'en dol
lars in nana, twenty aoiiare in one year, and twenty
dollars in two years from date, with interest; that aald
Thompson did pay the ten dollars in hand, and afterward
wis compelled to pay and did pay the balance to one
Joieph Brantran npon a garnish process issued by
P. Harrison, a Justio of the Peao in aaid county, in
an action by mid Brantran against aaid Bowlett; that
said Howlett has wholly neglected and refused to con
vey aaid lot to th plaintiff, aeoording to aald agree
ment. .And aaid petition further set forth that the plain
tiff mad agreeaient with the defendant Leitner, on the
16th day of July. 1801, whereby the plaintiff transferred
and delivered to Dim the title bond of aaid Howlett, and
in consideration thereof the said Leltner conveyed to
tbe plaintiff the H half of tha 8. W. quarter of Ite.
27,T.33, R. 1, E.bf 5th P. M , containing tight aorea
of lead, In Reynolda county, Missouri; that aald Lelt
ner had not a goodiand sufficient title to aaid land, and
that his eonveyanoe to the plaintiff waa fraudulent.
The prayer of aaid petition ia that aaid agreement
with aald Leltner be rescinded, and that aaid Leltner be
ordered to re deliver to plaintiff aald title bond, and
that aaid Howlett be ordered to convey to plaintiff aald
lot No. 48 in Lockbonrne, and for other relief. I
The aaid Farley h. Howlett la notified that he la re j
quired to appear and answer aald petition, on or before
th third Baturday after the 7th day of February next.
Dated this 2d day of January, 1862.
, , 8. W. ANDREWS,
JaoJ-wOw - . .. .. . Att for Plaintiff.
SHERIFFS SALE."' '
8. ai 8. 8. Clark j '. ' " ." ", (
T. 'Vranklin OAmmnn TlMa '.
Milton W. Bennlion.J t
Tit VIRTUK OF A WHIT or VRMns
Jj to me directed from tbe Court o Common Pleaaof
Franklin county, Ohio, I will offer for sale at the door of
tha !9urt Home in the city of Coliuabus, 0.,on ; .,
Saturday, the 8th day of February, A. D. 1862.
between the hours of 10 o'clock a. ro., and o'olook p.
m. the followinc described real estate, nin.t in ilia
sonnty of franklin, and State of Ohlo.to wit;
Lot No. . aa laid down and deainatad m iha niat in
tna proeeeainge m ine case or jase Denaleon re. Burr
W. bennlaon at al.. In the Court of Common Plea of
yraakitn oonnty, ynio, recorded in record biok Mo. S7,
ige no, and boandea as followi: Beginnioi at a stake
1. W, corner to lot No. S. in the oenter of tie eount
road; thence alon th center of aaid road I. i dee. U
minutea I. 14 18100 polea to a stake: thence 8, 87 dee.
13 minutes . 812 60100 poles to aitiko In the west
line or Jonn unernr'a land: tnenoe aiooi saio ime B. in
de(. SO minutea X. H 39-100 polea o a stake N. 1. oor
ner to said lot No. 2; thence along the N. line ot aald
1st N. 67 dog. IS minutes W. SIS 0-100 poles t the be
ginning, containing eighteen acres and 150 polaj, being
a part of Milton Vf. Seanison' set-off ia aald proceed
ings in partition . v .
Appratsaat-wprclir ' '
0oaO W. HDHMAJf, Bhertff. .
Printer's fee 5 00. ... ,..-... -j- :,-
Jan3-dltiwtd.: ,.- - .... . :..'", y
" . - 1 r
Til nnderaigned begs leara to inform his frlond
that be has fitted np a . . ' .
" ' t- ', '"'a s " i 'r '-vr
VERANDAH, QN STATE STREET. v
Oood Quna, Air Guns, Flitolj and Beftesnmenta. r.
Sire me a all.
NEW S T O R E,
S300 and. QD2 ;
SOOTH HtCH -STREET,
Ar now opSnini a large lot of
Ladies', Misses' and Children's ,
F U R S, . ';:?;.
Ladies' Cloth Cloaks,;
BALMORAL SKIRTS, :;
ShephardV Plaid Chawls,
Ladies' Merino Vests & Drawers,
Boys' Merino Shirts & , Drawers,
v ZEPHYR ; WOHSTEOS, ;
..... , -.I-'- ' '
. '-v, OmW HOODS ,:;;o
! WOOLEN BLANKETS,
MISSES SUPERIOR LONG SHAWLS. "
, j ,0' l-V ' '
ihl Arm. harlot adopted th Oaah system In tn pa s
latiaaa and aala of flaoda. ar enabled to sell froaa 15 1
per oeot. less than other nooses aider th credit tyrtinr.
EEADLEY, EBEEIY & KICHAEDS
: 250 AKD tli SOUTH HIGH flTBEET,
D R v CO ODS.
i -h v. ; ; - , '
No. 19 South High Street,'
L) ehaloa"' FO?JND A VVVL AND
i mi sr.
GLOVER AND HOSIERY, -,
jiOODS AND NUBIAS.
A -1 .', .
i , S0NTAG3 & SKATING CAPS,
Baln.Dral & Hoop Skirts,
HATS AND CAPS, .
; JJJIDER-SHIRTS & DRAWERS, .
J BOOTS AND SHOES, '
BLANKET S, &o. Ao.
. U9 South High Stnet.
i GREAT SALE
FOR THE NEXT 30 DAYS,
S. 0. Eainea's
NEW- CLOAK HOUSE,
; No. 119 South High Street."
GOOD UNION ' 7
i Beaver-Oloth Cloaks,
; From $6i0 to $8.50. '
Good Broad-Clefl Cloaks,
From tetT to $13.00.
Childress Cletli Cloaks,
' 1 From $8.00 to $8.00. " !
A A WELL SELECTED STOCK,- a f
i RanfiDS) from $5.00 t. $10.00 a set.
1 I SSII
otsi . . f . . ...