rove her neutrality when visited by
belligerent cruisers; and in both peace and war, to show her national
character, and the lawfulness of her voyage, in those ports of other
countries to which she may proceed for purposes of trade.

It appears to the government of the United States, that the view of this
whole subject which is the most naturally taken is also the most legal,
and most in analogy with other cases. British cruisers have a right to
detain British merchantmen for certain purposes; and they have a right,
acquired by treaty, to detain merchant-vessels of several other nations
for the same purposes. But they have no right at all to detain an
American merchant-vessel. This Lord Aberdeen admits in the fullest
manner. Any detention of an American vessel by a British cruiser is
therefore a wrong, a trespass; although it may be done under the belief
that she was a British vessel, or that she belonged to a nation which
had conceded the right of such detention to the British cruisers, and
the trespass therefore an involuntary trespass. If a ship of war, in
thick weather, or in the darkness of the night, fire upon and sink a
neutral vessel, under the belief that she is an enemy's vessel, this is
a trespass, a mere wrong; and cannot be said to be an act done under any
right, accompanied by responsibility for damages. So if a civil officer
on land have process against one individual, and through mistake arrest
another, this arrest is wholly tortious; no one would think of saying
that it was done under any lawful exercise of authority, subject only to
responsibility, or that it was any thing but a mere trespass, though an
unintentional trespass. The municipal law does not undertake to lay down
beforehand any rule for the government of such cases; and as little, in
the opinion of the government of the United States, does the public law
of the world lay down beforehand any rule for the government of cases of
involuntary trespasses, detentions, and injuries at sea; except that in
both classes of cases law and reason make a distinction between injuries
committed through mistake and injuries committed by design, the former
being entitled to fair and just compensation, the latter demanding
exemplary damages, and sometimes personal punishment. The government of
the United States has frequently made known its opinion, which it now
repeats, that the practice of detaining American vessels, though subject
to just compensation if suc