It has been sought to assimilate mail packets to vessels of war, and consequently to except them from the exercise of the right of search. The pretence is so ill-founded that it falls to the ground upon examination. Who does not feel that the presence of a lieutenant of the royal navy or the color of a uniform is not sufficient to constitute a vessel of war or a transport?
It is asked whether other packets, which have carried ministers sent by the United States to Europe, have not also infringed the rules of neutrality? It is possible, but this does not concern us. Supposing that the mission of these ministers in Europe, where they are regularly accredited like their predecessors to the different governments, and where they have no support, no new act, no violation of the blockade to demand, may be assimilated to the mission of the Southern delegates; supposing that their letters of credit bear some analogy to the despatches intrusted to Messrs. Mason and Slidell, it belonged in any case to the Southern cruisers to stop and search the packets in which they had taken passage. The powerlessness of one of the belligerents could not impose on the other the duty of abstaining in like manner.
Resting next on the diplomatic quality of the Southern envoys, it has been attempted to insinuate that their mission was purely a civil one. Not only did the diplomatic character not exist, since it had had no recognition, but the Southern Commissioners were expressly charged with, procuring to the armies of slavery the most essential assistance which they could receive in view of military success and strategy. Their success, by ensuring the breaking of the blockade, would alone have been worth more to them than the winning of several battles. I say nothing, moreover, of the shipments of arms and ammunition which they would have doubtless organized in Europe.
Can it be that mail packets have the singular privilege of facilitating such operations without failing in the duties of neutrality? If this be true, it is worth while to have it understood, and so long as it is not understood, we must make some allowance for belligerents who do not consider it self-evident. It is clear that when the exercise of the right of search was defined by precedents and treaties, mail packets did not exist. Perhaps it would be well to lay down special regulations concerning them. This agreement might be profitably negotiated at present