T. & T. CLARK, LAW BOOKSELLERS, GEORGE STREET. MDCCCLXII. THE JOURNAL OF JURISPRUDENCE. WAS THE SEIZURE OF THE SOUTHERN COMMISSIONERS LEGAL? We do not deem any apology necessary for discussing in a legal journal this all-important question. The press, it is true, has already, with the ability and vigour which distinguish British journalists, completed an investigation; and the writers have turned aside to new inquiries, as if everything had been said about the capture which was worth saying on the subject. We cannot, however, believe that legal readers are yet satisfied with the discussions which have taken place. The issue of war betwixt Great Britain and America is so momentous, to depend upon the rightful solution of a problem of international law, that they who are most familiar with the subjects of inquiry will be the last to form hasty conclusions. Nothing can more strikingly show the importance and dignity of the legal profession in a civilised State, than the course adopted by the Government, and sanctioned by the people, on receipt of the news of the boarding of the 'Trent.' The first step adopted was to ask eminent lawyers their opinion of the legality of the act, and according to the leaning of that opinion the action of the Government was shaped for better or for worse. The consulted lawyers knew that peace or war, in all probability, depended on the result of their deliberations; and so knowing, they doubtless applied themselves to the task, under a most solemn sense of responsibility. We do not know what their opinion was, further than that they regarded the manner of making the seizure to be contrary to international precedent. We are ignorant whether they look upon the Southern Commissioners as parties who might rightfully be seized, or whose VOL. VI. NO. LXI. JANUARY 1862. A |