1137 Series II Volume II- Serial 115 - Prisoners of War
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repeated. But unless it is perfectly demonstrable that if the captain of the San Jacinto had carried the Trent into New York she could not legally have been condemne I cannot think that we are entitled to push our demand to the extreme pint of requiring the restitution to the commissioners. Such demand would certainly be repelled.
And England before she can appeal to the arbitrament of arms must have a quarrel good not only in form but in substance.
JUSTITIA.
LEGATION OF THE UNITED STATES,
London, December 20, 1861.
Honorable WILLIAM H. SEWARD, Secretary of State, Washington.
SIR: I have the honor to transmit copies of the official notes that have passed between Lord Russell and myself on the event of decease of His Royal Highness the Prince Consort.
* * * * *
The publc mind is in a feverish state, vaguely anticipating complications both in America and Europe which may ultimately involve calamity and disaster. Above all it is felt rather than uttered that there is no really wise head now in England to guide in case of a storm.
I have the honor to be, sir, your obedient servant,
CHARLES FRANCIS ADAMS.
BOSTON, December 20, 1861.
Honorable WILLIAM H. SEWARD:
The suggestions contained in the inclosed articles, one of which is by Honorable George T. Curtis the other by Honorable Charles B. Goodrich, both prominent members of the Boston bar, may be of some little value.
[Inclosure No. 1.]
WEST ROXBURY, December 18, 1861.
EDITOR OF THE BOSTON JOURNAL:
Being a constant reader of your paper my attention was attracted yesterday by the following statement in your editorial columns:
It is curious to observe that nearly all of our jurists who have written upon the Mason and Slidell case passed over as entirely indefensible the position which the British Government is said to have finally assumed, viz, that the Trent ought to have been searched and carried in for judicial condemnation.
It may be of little importance, but will you permit me to state that before the English view was or could be known here Mr. G. S. Hilliard printed a communication in The Boston Courier and the writer of this letter printed another in which the omission to bring the Trent in for adjudication was pointed out as a great irregularity likely to lead to serious consequences. I ask your indulgence then while I endeavor to show to my fellow-citizens that this is not a mere matter of form but that it is a matter of very serious and important substance.
Every maritime nation has as part of its judicial system what is called a prize court, the special funcion of which is to adjudicate on the lawfulness of all seizures made at sea by the cruisers of that nation when it is at war. These courts are not only bound to administer the law of nations in cases involving the conflicting rights of different nations, but
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