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THE TRENT CASE-BRITISH DOCTRINE.
troversy between it and our own, this of the said contending parties as commisdoctrine is set forth as follows:
sioned or non-commissioned officers or sol
diers; or by serving as officers, sailors, or "The Order in Council of the 23d of June | marines, on board any ship, or vessel of war, being officially communicated in America, or transport of or in the service of either of the Government of the United States saw
the said contending parties; or by serving nothing in the repeal of the Orders which as officers, sailors, or marines, on board any should, of itself, restore peace, unless Great privateer bearing letters of marque of or Britain were prepared, in the first instance,
from either of the said contending parties; substantially to relinquish the right of im- or by engaging to go, or going, to any place pressing her own seamen, when found on beyond the seas with intent to enlist or enboard American merchant ships. ***
gage in any such service; or by procuring, “If America, by demanding this prelimi- or attempting to procure, within Her Manary concession, intends to deny the validity jesty's dominions, at home or abroad, others of that right, in that denial Great Britain
to do so; or by fitting out, arıning, or equipcannot acquiesce ; nor will she give counte- ping, any slip or vessel, to be employed as nance to such a pretension, by acceding to
a ship of war, or privateer, or transport, by its suspension, much less to its abandon- either of the said contending parties; or by ment, as a basis on which to treat.
breaking, or endeavoring to break, any The British Government has never asserted blockade lawfully and actually established any exclusive right, as to the impressment by or on behalf of either of the said conof British seamen from American vessels, tending parties; or by carrying officers, solwhich it was not prepared to acknowledge diers, dispatches
, arms, military stores or as pertaining equally to the Government of materials, or any article or articles considthe United States, with respect to American ered and deemed to be contraband of war, seamen when found on board British mer- according to the law or modern usage of chant ships.
nations, for the use or service of either of “His Royal Highness can never admit
the said contending parties, all persons so that, in the exercise of the undoubted, and, offending will incur and be liable to the hitherto, undisputed, right of searching neu
several penalties and penal consequences by tral vessels, in time of war, the impressment
the said statute, or by the law of nations, in of British seamen, when found therein, can that behalf imposed or denounced. be deemed any violation of a neutral flag.
“And we do hereby declare that all our Neither can he admit that the taking such subjects and persons entitled to our protecseamen from on board such vessels can be tion, who may misconduct themselves in the considered, by any neutral State, as a hostile premises, will do so at their peril and of measure, or a justifiable cause of war. their own wrong, and that they will in no
“There is no right more clearly established wise obtain any protection from us against than the right which a sovereign has to the any liability or penal consequences; but will, allegiance of his subjects, more especially in on the contrary, incur our high displeasure time of war.
Their allegiance is no optional by such misconduct.” duty, which they can decline at pleasure. It is a call which they are bound to obey.
Now, there was no shadow of doubt It began with their birth, and can only terminate with their existence."
that the Trent was consciously, will
ingly, employed in carrying very imIn the Queen's Proclamation of Neutrality between the United States portant officers and dispatches for the
Confederates; rendering them the and the Confederates, dated May 13th, 1861, there occurs this express and which could not safely be effected in
greatest possible service, and one proper inhibition :
vessels bearing their own flag. It “And we do hereby further warn all our was not at all the case of dispatches loving subjects, and all persons whatsoever carried unconsciously, innocently, in
, them shall presume, in contempt of this the public mails of mail steamers; Royal Proclamation, and of our high disc but just such an interference to the pleasure, to do any acts in derogation of their duty as subjects of a neutral sovereign, prejudice of the one and the advanin the said contest
, or in violation or con- tage of the other belligerent as Brittravention of the law of nations in that behalf-as, for example and more especially,
ish Courts of Admiralty had been by entering into the military service of either | accustomed to condemn; forfeiting the vessel and cargo of the offender. the United States and England must Great Britain, however, would not see speedily and certainly ensue—was it in this light. Com. Wilkes's act complied with by our Governmentwas an outrage—an insult--which Gov. Seward, in an able dispatch, must be promptly atoned for at the basing that compliance more immeperil of war. Such was the purport of diately on the failure of Capt. Wilkes the language held by a large majority to bring the Trent into port for adof her publicists and journals; and judication on the legality of his act, a peremptory demand was promptly whereby her voyage had been temmade, through her Embassador, Lord porarily arrested and two of her Lyons, for the unconditional surren- passengers forcibly abstracted. der of Messrs. Mason and Slidell and, And thus, at the close of the year their secretaries. France seconded 1861, the imminent peril of war with and supported the requirement of that European Power most able to Great Britain, in a considerate and injure us, because of her immense courteous dispatch, wherein she justly naval strength, as well as of the proxclaimed to have hitherto uniformly imity of her American possessions, accorded with the United States in was wisely averted; though it was a liberal interpretation and generous bitterly felt that her demand would assertion of the rights of neutrals in at least have been more courteously
This demand of Great Bri- and considerately made but for the tain—to the great disappointment gigantic war in which we were aland chagrin of the Confederates, who ready inextricably involved by the confidently expected that war between Slaveholders’ Rebellion.
We have seen' that Kentucky em- Disunion conspiracy, and were more phatically, persistently, repeatedly, by or less intimate and confidential with overwhelming popular majorities, re- its master-spirits. But they looked fused-alike before and after the for- to very different ends. The Southmal inauguration of war by the Con- rons proper, of the school of Calhoun, federate attack on Fort Sumter—to Rhett, Yancey, and Ruffin, regardally herself with the Rebellion, or to ing Disunion as a chief good under stand committed to any scheme look- any and all circumstances, made its ing to Disunion in whatever contin achievement the great object of their gency.
Her Democratic Governor life-long endeavor, and regarded Slaand Legislature of 1860–61, with very in the territories, fugitive slaves most of her leading Democratic, and and their recovery,compromises, John many of her Whig, politicians, were, Brown raids, etc., only as conducive to indeed, more or less cognizant of the or impeding its consummation; while
KENTUCKY FOR THE UNION-HENRY CLAY.
the “State-Rights' apostles of the Bor- | Democrat, in a district where the der-State school contemplated Seces- Democratic party had, since 1826, sion, and everything pertaining there- uniformly commanded overwhelmto, primarily, as means of perfecting ing majorities. That district, at the and perpetuating the slaveholding western extremity of the State, hemascendency in the Union as it was. med in between West Tennessee, Hence, we have seen Gov. Magoffin' Southern Missouri, and that portion protest against the secession of South of Illinois widely known as 'Egypt,' Carolina and the Cotton States, not and traversed by the great Southern as a treasonable repudiation of their rivers Tennessee and Cumberland, constitutional duties, but as a chi- had, in fact, for more than a quarter merical futility, and as a betrayal of of a century, been alien from Kenthe slaveholding Border States into tucky in character and sympathies, the power of the ‘Black Republicans.' as it proved itself in this case. The
Kentucky, as we have shown,' nine residue of the State elected only weeks after the reduction of Fort Unionists to Congress, by a popular Sumter, gave an aggregate of 92,365 majority of almost three to one. votes for Union to 36,995 for Seces- This majority was very nearly sion candidates, in choosing, at a spe- maintained at her regular State eleccial election, her representatives in tion (August 5th), when-Magoffin the XXXVIIth Congress, while, as being still Governor, Buckner comyet, no Federal soldier stood armed mander of the State Guard, and the on her soil, and while her Legislature, local offices mainly held by "StateGovernor, and most of his associate Rights' Democrats, with the recent State officers, were the Democratic Union rout and disaster at Bull Run compatriots of Breckinridge, Burnett, tending still further to unmask and and Buckner. Only a single district develop all the latent treason in the elected a Secessionist, by four-sev- State—a new Legislature was choenths of its total vote; and he its old sen, wherein Unionism of a very demember, who had hitherto received cided type predominated in the profar larger majorities, running as a portion of nearly three to one.
States referred to-Maryland and KentuckyPollard, in his “Southern History," fully ad
See pp. 340-41.
considered either in proportion to what was
offered the Lincoln Government by these States, mits, while he denounces and deplores, the hos
or with respect to the numbers of their populatility of Kentucky to the Rebel cause—saying: tion, were sparing and exceptional; and although " It is not to be supposed for a moment that,
these demonstrations on the part of Kentucky, while the position of Kentucky, like that of Ma- from the great and brilliant names associated ryland, was one of reproach, it is to mar the with them, were perhaps even more honorable credit due to that portion of the people of each, and more useful than the examples of Southwho, in the face of instant difficulties, ard at the ern spirit offered by Maryland, it is unquesexpense of extraordinary sacrifices, repudiated tionably though painfully true, that the great the decision of their States to remain under the body of the people of Kentucky were the active Federal Government, and expatriated them- allies of Lincoln, and the unnatural enemies of selves that they might espouse the cause of lib
those united to them by lineage, blood, and comerty in the South. The honor due such men mon institutions." is, in fact, increased by the consideration that Those who love and honor the name of Henry their States remained in the Union, and com
Clay will thank the author of the “Southern pelled them to fly their homes, that they might History” for the following undesigned but richly certify their devotion to the South and her cause of independence. Still, the justice of history
merited homage to the character and influence must be maintained. The demonstrations of of that great inan: sympathy with the South on the part of the "It is certainly defective logic, or, at best, an