Mason and Slidell in person, or seize their Credentials and Instructions and Despatches, or even put a Prize Crew on board the West India Steamer and carry her off to a Port of the United States; in other words what would be the right of the American Cruiser with regard to her passengers and crew and lawful papers and correspondence on board our packet on the assumption that the said packet was liable to capture and confiscation on the ground of carrying enemies' despatches; would the Cruiser be entitled to carry the packet and all and everything in her back to America or would she be obliged to land in this Country or in some near port all the people and all the unseizable goods[405] ?" Hammond further stated that Russell was anxious to have an immediate reply, inasmuch as the mail packet was due to arrive in Southampton on November 12.

The opinion of the law officer consulted is best given in Palmerston's own words in a letter to Delane, Editor of the _Times_: "_94 Piccadilly, November 11, 1861_.
"MY DEAR DELANE, "It may be useful to you to know that the Chancellor, Dr.
Lushington, the three Law Officers, Sir G.Grey, the Duke of Somerset, and myself, met at the Treasury to-day to consider what we could properly do about the American cruiser come, no doubt, to search the West Indian packet supposed to be bringing hither the two Southern envoys; and, much to my regret, it appeared that, according to the principles of international law laid down in our courts by Lord Stowell, and practised and enforced by us, a belligerent has a right to stop and search any neutral not being a ship of war, and being found on the high seas and being suspected of carrying enemy's despatches; and that consequently this American cruiser might, by our own principles of international law, stop the West Indian packet, search her, and if the Southern men and their despatches and credentials were found on board, either take them out, or seize the packet and carry her back to New York for trial.

Such being the opinion of our men learned in the law, we have determined to do no more than to order the _Phaeton_ frigate to drop down to Yarmouth Roads and watch the proceedings of the American within our three-mile limit of territorial jurisdiction, and to prevent her from exercising within that limit those rights which we cannot dispute as belonging to her beyond that limit.
"In the meanwhile the American captain, having got very drunk this morning at Southampton with some excellent brandy, and finding it blow heavily at sea, has come to an anchor for the night within Calshot Castle, at the entrance of the Southampton river.
"I mention these things for your private information.
Yours sincerely, PALMERSTON[406]." Not completely satisfied with this decision as reported to Delane, and sincerely anxious to avert what he foresaw would be a difficult situation, Palmerston took the unusual step of writing to Adams on the next day, November 12, and asking for an interview.

His note took Adams by surprise, but he promptly waited upon Palmerston, and was told of the latter's disturbance at the presence of the American ship _James Adger_, Captain Marchand commanding, in Southampton Harbour, with the alleged purpose of stopping the British West India steamer and intercepting the journey of Mason and Slidell.

Palmerston stated that he "did not pretend to judge absolutely of the question whether we had a right to stop a foreign vessel for such a purpose as was indicated," and he urged on Adams the unwisdom of such an act in any case.