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to consign a supposed offender to a term search cannot be exercised throughout of imprisonment, in order that the man an illimited circumscription.-E. M. may not be inconvenienced by a trial. If the gentlemen seized are invested "International law would be a nullity with an official character, they are amif every commander of a man-of-war bassadors, and in this quality their were to constitute himself in the first persons are inviolable;* this everybody instance a plenary judge, and condemn admits. If they are invested with no as contraband whatever he might like official character, by what sign could to seize on.” A most flagrant insult they be recognized ? By their dehas been offered to England's flag, and spatches? But none were found on the position she has taken was ineri- i the envoys.-W. table. She has endured enough from The seizure of Messrs. Mason and Young America of late; but this she Slidell was not justifiable. cannot, will not endure. John Bull 1. The right of search can only be can "put up" with the Yankee well claimed by any nation at war with a enougli, so long as he will play on his distinct belligerent. Messrs. Mason and own ground, and not make his sport an Slidell were envoys of the Confederate annoyance to others. When it comes States. The Federals declare that they to throwing stones, he must be taught are not at war with the Confederates; better. He must restore the Commis they are only suppressing a domestic sioners, and apologize for his irregu | rebellion; nor do they acknowledge larity; or learn from experience how them as belligerents. Therefore they dangerous it is to tread upon the lion's have no right to seize envoys of a State tail. -T. W.C.
with whom they are not at war. The Northern Government of Ame- || 2. The right to search a “neutral” rica, not having recognized the South- | is granted that the searcher may ascererners as belligerents, but only as rebels, tain that the vessel is not furnishing cannot lawfully stop and search a neu either of the belligerent parties with wartral ship on the high seas.-R. R. like stores, or articles directly auxiliary
If the steamer San Jacinto had a to warlike purposes, such articles being right with respect to the Trent, she deemed contraband of war. No such had also a duty. Her duty was to take suspicion was alleged against the Trent, the British vessel into an American therefore her seizure was not justifiable. port, and there to try her fairly in the 3. Hautefeuille, an eminent French court of international justice, called the jurist, says that “despatches may be Prize Court.-R. H.
carried from any one neutral port to The Trent was not, as far as we another neutral port.” This the Trent know, carrying contraband despatches ; was doing. American jurists follow in and she was carrying persons whose the same track; therefore, the ship was character exempted them from the not breaking any international law conoperation of hostilities. The des patches | cerning belligerent parties. which are contraband are communica 4. No officer of a man-of-war has, tions from a belligerent to another part | by the law of nations, any right to of its own kingdom, or to an ally, with constitute himself sole judge of what respect to naval or military operations persons he will accuse and seize for or political affairs. The despatches (if treason. He may carry the suspected any) on board the Trent were not of sbip into port, and await the decision of this nature, and on this ground the a prize board. This Captain Wilkes vessel would have escaped condemna did not do, therefore the seizure was tion in the Prize Courts.-H. R. unjustifiable. Messrs. Mason and Slidell were
* “ Legatos nomen quod semper fuisset seized when going from a neutral port
sanctum inviolatumque apud omnes nato a neutral country. The right of tiones."'--Julius Cesur.
5. 'It is contrary to the law of nations or principles. If the defenders of Capfor a seizure to be made of an unarmed | tain Wilkes maintain that the gentleand defenceless vessel; and illegal to men were ambassadors, and, of course, seize merchantmen, or ships carrying subject to the laws of war, they must mails, unless supposed to carry con also acknowledge that the Confederates traband of war, which was not alleged are not rebels, but a power acting under as the cause of the seizure of the Trent. the laws applicable to belligerents.
6. The Federal Government were This they do not do; therefore, the act well aware of the presence of Messrs. of Captain Wilkes was unjustifiable. Slidell and Mason at Havanna, and aware But, suppose Messrs. Mason and Slidell also that they intended to leave for to be ambassadors, and the Southern England by the Trent. There is a States to be a belligerent power, Are the Federal agent at Havanna, and he gave gentlemen “contraband of war”? and no "intimation to the captain of the if so, was the " seizure” made in acTrent, previous to sailing, that bis cordance with international law? It Government were averse to the depar appears that Sir William Scott lays ture of Messrs. Mason and Slidell by down the axiom that the smallest dethat vessel; therefore, on this point, spatch is contraband of war; but there the seizure was not justifiable.—R. S. were no despatches found in Messrs.
Every ship bearing the British flag Mason and Slidell's trunks. It has may be considered an extension of the been argued, that if despatches are conBritish territories; and every person on | traband, how much more so must be the board of such a ship is amenable to bearers of them? But as no despatches British laws, and entitled to the pro were found, these gentlemen could not tection of the British Government. be the bearers ” of them, and so they When, therefore, an officer of a belligerent could not be “contraband." Again, power, with whom the British Govern. Lord Stowell has been quoted by Mr. ment is on amicable terms, carries | Everett, to show that you may stop forcibly from the deck of a British ship your enemy's ambassador upon his certain of her passengers, it can be passage. But the Federals do not reaccounted nothing less than an act of cognize these gentlemen as "ambassapiracy, and piracy being contrary to all dors;" and Lord Stowell limits the justice, the seizure of Messrs. Mason right of capture to cases where a and Slidell was unjustifiable.-S. G. “character of hostility exists." But
Whether the action was justifiable or | no“ character of hostility” existed in not, we think may be ascertained if we the Trent, sailing from one neutral port examine the plea set forth in its justi to another. But Lord Stowell distinctly fication. Mr. Clay, and other Ameri implies that a neutral ship, sailing cans, say that Messrs. Mason and Slidell from one neutral port to another with were rebels, and informal represen ambassadors, or passengers, is decidedly tatives of rebels. Such being the case, free from all interference. But, supthey were simply passengers on board, or pose all these suppositions granted, still at the utmost were only refugees under | the "seizure” was unjustifiable, as it the protection of a neutral State; and was the duty of Captain Wilkes to have as such, there cannot be any excuse for taken the vessel as a prize, and to have their capture. But the defenders of had the affair adjudicated before a prothe“ seizure,” to justify the affair, affect per tribunal. However we consider this to treat the gentlemen as belligerents momentous question, we find no plea for on the high seas. Now both these its justification; but, from whatever positions cannot be right; they are | point we look at it, we see enough to contradictory, and destroy each other. show the folly and weakness of the act, Neither in law nor in logic can a man and the duty of America to make ample avail himself of contradictory premises amends for it.—THEOPHYLACT.
OBIIT 14TH DECEMBER, 1861.
Enmarbled by Truth's sternest sculptor-Death.
Compacted subtly with our human breath,
A husband's love, a father's wholesome care,
Once stirred the heart that lies so moveless there,
A cultured taste, an active manly mind,
A zeal for good—the good of all mankind
Oh! widowed Queen and orphan mourners know
That God is Love; that Love your people show.
QUESTIONS REQUIRING ANSWERS. | titious? and if the former, what king
192. I observe, in your “Literary made use of it?-MOSES PRIMROSE. Notices"-always containing matters of 195. Who is it that calls Bacon's interest—that Thomas H. Dyer is to “Novum Organum” “the noblest and supply a new “ History of Modern most useful of all the works of the Europe.” As this appears to me to be human reason"? I recently met with a name new to literature, you would the words in inverted commas, and oblige by any notice of his life, writings, supposing them to be a quotation, am or antecedents. The work, if well anxious to know by whom that work executed, would be invaluable. — A is so stamped-LOGICUS. READER.
196. I believe you have a great 193. What is a good method of number of readers in the “Grey Mestudying composition, so as to be able, tropolis of the North” – Edinburgh. at any time, to sit down and write an Perhaps some one of your readers there article upon any subject? Although would kindly favour me with some of I have the thoughts, when I desire to the facts connected with the life, docwrite, I am in want of words to convey trines, and method of the successor of my meaning.-G. P. M.
Sir Wm. Hamilton.-QUÆRENS. 194. In a "conversation between 197. I notice the two words “reason" Mr. Cowley and Mr. Milton, touching and "reasoning," both employed by some the great civil war,"contained in Lord authors: are they not synonymous? Macaulay's " Miscellaneous Writings," If not, what is the difference in their vol. i., page 107, the following passage meaning, and in their use?-LOGICUS. occurs, viz. :-“Of old time it was well 198. Will you kindly insert these and nobly said, by one of our kings, that questions in the Inquirer"?-1. Who an Englishman ought to be free as his was the “ celebrated” Mrs. Glass ? and thoughts.” Is this mot real or fic. | how did she give rise to the saying, “ First catch your hare, and then cook and the Church of England,” is highly it"? 2. Is Sir W. Scott's “ History of spoken of by competent critics. “The Scotland" considered a reliable one ? Crawford Peerage Case"—for which EBOR.
we notice a new claimant has just ap199. Can you, or any of your able peared-has, however, been such an contributors, inform me of a work con age-long strife, that I have abstained taining mcdel letters, or private corre from reading the “ Lives of the Lindspondence, by eminent writers, by says” from sheer fear of its effects. which a person might acquire a good Should a clansman desire to read the style of letter-writing, or say how so book, he should borrow, not buy it, desirable an object might be attained ?
for then there would be a possibility of Also what course would be advisable in preventing himself from becoming homo “ preparing" an essay for debate.-S. S. unius libri. – I am, &- LINDSAY.
152. The Use of Words. Those ANSWERS TO QUESTIONS. words which “W.” quotes, are now 145. Proclamation by Henry III.-- merely euphonically different. ForThe test of the proclamation or charter merly they were intensitive in their of Henry III., of date 1258, calling his signification, and implied a less and a first parliament, is published in the greater degree. They are now, howedition of “Rymer's Foedera,” issued ever, employed indifferently, except in (1816) by the Records' Commission, so far as the one harmonizes more with as copied from the Patent Rolls in the
the succeeding word than the other;Tower of London. Another copy, “among” and “while" usually preceding slightly different, is given in old English, consonantal sounds; "amongst” and with an interlinear translation into our " whilst," vowel ones; " till” and “unmodern speech, in Henry's “ History of I til” following them.-JOSEPH. Great Britain," vol. iv. Appendix. 153. Pennillion Singing .- One of S. N.
your correspondents, in a recent num147. The Lindsays.-Although a ber of your valuable Magazine, asks for clansman of the Lindsays, and some explanation as to the peculiar singing of what related to the writer of “ The | North Wales, called "Pennillion SingLives of the Lindsays," who was boru ing." Seeing none of your Welsh conin 1812, and is considerably my senior, tributors disposed to afford the inquirer I am obliged to confess I have neither the necessary information, the following purchased nor read the book referred is at your service :- This peculiar, to. If written as it ought to be, --with unique, and effective mode of singing its tales of regal marriages, strange must be very ancient, and probably tournaments, court intrigues, and sin derives its origin from the domestic gular vicissitudes of fortune, its lives bards of old, who used to play the harp, of poets, warriors, statesmen,-it should and sing verses with it, composed exbe a fertile crib for romanticists. The temporary, in praise of their noble story of my own immediate ancestry has masters ; and where more than one already formed the theme of a well minstrel was retained in a family, or thumbed circulating library novel. Lord where several met to celebrate any forLindsay is a nobleman of travel and tunate event, it was usual with them to culture. His“ Letters on Egypt, Edom, answer each other in stanzas; and this and the Holy Land," 1838; “ The is the case at the present time with Theory and Evidence of Christianity," the poets in Wales. To sing Pennillion 1841; “Sketches of the History of with the Welsh harp is not so easily Christian Art,” 1847, &c., are all well accomplished as may be imagined; the written, and have now a place in lite- | singer is obliged to follow the harper, rature. His new book, on “Scepticism who may change the tune, or perform
variations ad libitum, whilst the vocalist | structions on the subject. Messrs. mast keep time, and end precisely | Walton and Maberly, Simpkin and with the strain. The singer does not Marshall, Longman and Co., Stanford, commence with the harper, but takes &c., have issued such series.-R. M. A. the strain up at the second, then a 184. How to teach History.--A good fourth bar, as best suits the pennill he article on this topic appeared in the intends to sing; and this is constantly Museum, No. 1, from the pen of J. G. done by persons who are totally unac FITCH, M.A.,-a name which will tell quainted with music. Those are con its quality to a pupil teacher, if he is sidered the best singers who can adapt inclined to study.-R. M. A. stanzas of various metres to one melody, 185. The best book on Phrenology and who are acquainted with the twen is Combe's, purchasable at any staty-four measures according to the bardic tioner's; it is an excellent treatise, writlaws and rules of composition. Pen. ten by a man who possessed great nillion singing is confined to North industry and acuteness. I safely Wales, and was indeed scarcely known recommend it, knowing its value from in South Wales until the revival of the having studied it thoroughly.- A POOR Eisteddfodau.—GWYNEDDON.
ASPIRANT. 176. Life [and other] Insurances Combe's “System of Phrenology"
To reply adequately to the question is a standard work on the subject put by G. E., would require an essay, of which it treats. Fowler and and that would be needlessly to repeat Wells' “Self-Instructor in Phrenology" what has already been done, and what is very good, and more modern than G. H. should have known was done in Combe's. It is published by Tweedie, the British Controversialist already, Strand, London. 2s.Mist. by your able contributor “L'Ouvrier," 192. I observe, by reference to the in vol. v. pp. 347–351, and 428 literary journals, that two volumes of T. -430. An excellent paper, though H. Dyer's “History of Modern Europe" less practical than that referred to, have been issued, and that they take appeared in the North British Review their commencement from the Fall of for November, 1849, which may be Constantinople, and go on till the Peace commended. The principles of in-. of Westphalia. Two more volumes are surance may be applied to any purpose, to follow. The author, I find, is not and those of life being learned, all an untried hand; nor is his historic other forms may be easily compre- | capacity undetermined. In 1850, he hended. The great thing, however, is, published “The Life of John Calvin, in this, as in so many other cases, not compiled from authentic sources, and so much to know as to practise. particularly from his correspondence." JEREMY.
Upon this work he was engaged a long 178. Mapping.—A very good little time, and for the materials of it he “Manual of Map-making and Mechan. | read diligently. It is carefully and ical Geography," by Alexr. Jamieson, judiciously put together, written with LL.D., was published in 1853, by almost judicial impartiality, attention Messrs. Fallarton, London, at 3s.; and to historic dates, and an uncompromising a section of “The Manual of Geo love of truth; but it is somewhat cold graphical Science" treats of this sub and studentistic. He has been also a ject, under the title, “ Chartography." contributor to Dr. Smith's Series of It is published by J. W. Parker and Dictionaries ; notably, of the article Son, London, 10s. 6d. Several "Map “ Rome" in the one on Greek and Roman books for Beginners” have been issued Geography. He has resided abroad, by various publishers, but these are, and is understood to have laboured long for the most part, mere copy-books of and honestly at his work, which, howmapping, and contain no definite in ever, we have not yet seen.-N. L.