The history of our Navy from its origin to the present day, 1775-1897, vol. 4 (of 4)Spears, John Randolph
History
The history of our Navy from its origin to the present day, 1775-1897, vol. 4 (of 4)
Spears, John Randolph
United States. Navy -- History; United States. Navy -- History -- Spanish-American War, 1898
The American government did not authorize the act of Captain Wilkes
and knew nothing about it until Captain Wilkes arrived and reported
it. Captain Wilkes believed that what he had done was “a simple legal
and customary belligerent proceeding to arrest and capture a neutral
vessel engaged in carrying contraband of war for the use and benefit
of the insurgents.” The “four persons taken from the _Trent_ by
Captain Wilkes, and their despatches, were contraband of war.” If the
envoys were contraband, Captain Wilkes had a right, under the law of
nations, to capture the _Trent_, but _the contraband_ “_has a right
to a fair trial of the accusation against him_.” “The neutral state
that has taken him under its flag is bound to protect him, if he is
not contraband, and is therefore entitled to be satisfied upon that
important question.” Both the accused and the neutral state have a
right to demand “a tribunal and a trial.” In the _Trent_ case there was
neither tribunal nor trial. Captain Wilkes constituted himself captor,
judge, and executioner. A very great wrong had been done. For this
wrong “the British Government has a right to expect the same reparation
that we, as an independent State, should expect from Great Britain or
any other friendly nation in a similar case.” “The four persons in
question are now held in military custody at Fort Warren in the State
of Massachusetts. They will be cheerfully liberated.”
The comment of Commodore Joseph Smith on Seward’s letter sums it up
admirably. In a letter to Flag Officer Foote he says, “It is ingenious,
_gassy_, too long, but able.”
It is to be observed that the letter of Mr. Seward did not contain the
word regret nor any form of apology. It stated the case and argued it,
and admitted that an error--“simply an inadvertency,” on the part of a
naval officer--had been made, and agreed to deliver up the prisoners.
Whether the Secretary should have expressed regret when he admitted
the wrong, the reader can judge for himself. What Lord Russell thought
about this point is not told in the documents, but what he said was
that “Her Majesty’s Government have arrived at the conclusion that they
(the matters in Mr. Seward’s letter) constitute the reparation which
Her Majesty and the British nation had a right to expect.”
Public-domain text, read in full here on John Shaqi.
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