Chap. VIII. done nothing of the kind, and had offended neither against the letter nor against the spirit of the law; but he did not dispute the President's right to withdraw the exequatur, whether on sufficient or on insufficient grounds. Mr. Bunch continued to reside at Charleston. LIBRARY UNIVERSITY OF CALIFORNIA. CHAPTER IX. Case of the Trent.-Seizure of the Confederate Commissioners by the Captain of the San Jacinto.-Instructions to Lord Lyons.— Expressions of Opinion by several European Powers.-Release of the Commissioners.-Observations. THE controversies, such as they are, to which this war gave rise, turn for the most part on the application of familiar principles as to which British and American jurists had previously no difference of opinion. But an incident occurred in November 1861 which was to some extent new, became the subject of lively discussion, elicited expressions of opinion from several European Powers, and is not without value as a precedent. It created at the time some excitement in England; and left behind, I fear, some lingering sensations of annoyance and resentment in America. The three persons whom the Confederate Government had appointed in March to proceed as its agents to Europe, had failed both in London and in Paris to obtain any official recognition for their Government or themselves. Lord Russell had received them on the footing of private gentlemen and listened to what they had to say, but had avoided correspondence, and remained immovable in his refusal to enter into any official communication. At the French Court they had been equally unsuccessful. Disappointed, but not disconcerted, at this failure, Mr. Davis determined to try the effect of a second and more formal mission. Mr. James Mason, a Virginian of historic name and great personal mark, who had been Chairman of the Chap. IX. Committee of the Senate on Foreign Affairs and American Minister in Paris, and Mr. John Slidell, of Louisiana, who had represented the United States in Mexico, were chosen for this employment, and furnished with credentials respectively for the Courts of Great Britain and France. They sailed from Charleston on the night of the 12th October in the Confederate steamer Theodora, unimpeded by the blockading ships; landed at Cardenas in Cuba, travelled to Havana, and there took their places as passengers on board the Trent, a British packet plying regularly between Vera Cruz and the Danish island of St. Thomas. The packets on this line carried the English mails under contract with the Government, and were in connection at St. Thomas with the steamers running from that island to Southampton. The Trent had on board more than sixty passengers, a large quantity of specie, and a valuable cargo. Whilst the Commissioners were at Havana, it had been visited by the United States' war-steamer San Jacinto, which had been cruising for six weeks in quest of the Sumter. Captain Wilkes, the officer in command, having satisfied himself of the identity of the Commissioners and ascertained their intended movements, coaled and put to sea immediately, with the design of intercepting the Trent on her passage. What afterwards occurred is told in the report addressed by Commander Williams, R.N., the Admiralty Agent in charge of the mails on board the Trent, to his superior officer at Southampton :— "Sir, 666 Trent,' at Sea, November 9, 1861. "There devolves on me the painful duty of reporting to you a wanton act of aggression on this ship by the United States' war screw-steamer San Jacinto, carrying a broadside of seven guns, and a shell pivot-gun of heavy calibre on the forecastle, which took place on the 8th instant, in the Bahama Channel, abreast of the Paredon lighthouse. "The Trent left Havana at 8 A.M. on the 7th instant, with Her Majesty's mails for England, having on board a large freight of spec as well as numerous passengers, amongst whom were Messrs. Mason and Slidell, the former accredited with a special mission from the Confederate States to the Government of Great Britain, and the latter to the French Government, with their respective Secretaries, Messrs. McFarland and Eustis. 66 Shortly after noon on the 8th, a steamer having the appearance of a man-of-war, but not showing colours, was observed ahead, hoveto; we immediately hoisted our ensign at the peak, but it was not responded to until, on nearing her at 1·15 P.M., she fired a round shot from her pivot-gun across our bows, and showed American colours. Our engines were immediately slowed, and we were still approaching her when she discharged a shell from her pivot-gun immediately across our bows, exploding half a cable's length ahead of us. We then stopped, when an officer with an armed guard of marines boarded us, and demanded a list of passengers, which demand being refused, the officer said that he had orders to arrest Messrs. Mason, Slidell, McFarland, and Eustis, and that he had sure information of their being passengers in the Trent. Declining to satisfy him whether such persons were on board or not, Mr. Slidell stepped forward, and announced that the four persons he had named were then standing before him under British protection, and that if they were taken on board the San Jacinto, they must be taken vi et armis; the Commander of the Trent and myself at the same time protesting against this illegal act, this act of piracy, carried out by brute force, as we had no means of resisting the aggression, the San Jacinto being at the time on our port beam, about 200 yards off, her ship's company at quarters, ports open, and tompions out. " "Sufficient time being given for such necessaries as they might require being sent to them, these gentlemen were forcibly taken out of the ship, and then a further demand was made that the commander of the Trent should proceed on board the San Jacinto; but, as he expressed his determination not to go unless forcibly compelled likewise, this latter demand was not carried into execution. "At 3:40 we parted company, and proceeded on our way to St. Thomas, on our arrival at which place I shall deliver to the Consul duplicates of this letter to Lord Lyons, Sir Alexander Milne, Commodore Dunlop, and the Consul-General at Havana. "I have, &c. (Signed) "RICHARD WILLIAMS, Commander, R.N., To this report Commander Williams subsequently added the following memorandum :— "On Mr. Slidell's announcing that the four persons inquired for were then standing before Lieutenant Fairfax under British protection, and that if taken on board the San Jacinto they must be taken vi et Chap. IX. Chap. IX. armis, I addressed that officer in the following terms :-'In this ship I am the representative of Her Britannic Majesty's Government, and in the name of that Government, I protest against this illegal act—this violation of international law-this act of piracy, which you would not dare to attempt on a ship capable of resisting such aggression.' "It was then that Lieutenant Fairfax waved his hand towards the San Jacinto, and additional force was sent. The marines were drawn up at the entry-port, bayonets fixed; and on Miss Slidell's uttering an hysterical scream on her being separated from her fatherthat is, on his breaking the window of his cabin and thrusting his body through to escape from the distressing scene of forcible separation from his family-they rushed into the passage at the charge. There were upwards of sixty armed men in all, and the aforesaid gentlemen were then taken out of the ship, an armed guard on either side of each seizing them by the collar of the coat. Every inducement was held out, so far as importunate persuasion would go, to prevail on Mrs. Slidell and Mrs. Eustis, with the son and three daughters of the former, to accompany their husbands; but as they did not wish their wives to be subjected to imprisonment (Lieutenant Fairfax having replied to Mrs. Slidell's inquiry as to their disposal if they did accompany them, that they would be sent to Washington), they remained on board the Trent, and came on to England in La Plata. "The ships getting somewhat further apart than when this affair commenced, a boat came from the San Jacinto to request us to approach nearer; to which I replied that they had the same power as ourselves, and if they wished to be nearer to us, they had their own remedy." These statements were corroborated as to the material facts by a written protest signed by the master of the Trent on her arrival at St. Thomas. Captain Wilkes's report of the transaction to the Secretary of the Navy, after stating that he had been in expectation of receiving a telegraphic despatch from the American Consul-General at Havana giving the time of the Trent's departure, proceeds : "In this also I was disappointed, and ran to the eastward some 90 miles, where the old Bahama Channel contracts to the width of 15 miles, some 240 miles from the Havana, and in sight of the Paredon del Grande lighthouse. There we cruised until the morning of the 8th, awaiting the steamer, believing that, if she left at the usual time, she must pass us about noon of the 8th, and we could not possibly miss her. At 11:40 A.M. on the 8th her smoke was first seen; at 12 M. our position was to the westward of the entrance into the narrowest part of the |