Chapter III…

Chapter III

THE DEVELOPMENT OF A POLICY, MAY, 1861

In June, 1859, a short-lived Conservative Government under the leadership of Lord Derby had been replaced by a "coalition" Liberal Government, at the head of which stood Palmerston, but so constituted that almost equal influence was attributed to the Foreign Secretary, Lord John Russell. Both men had previously held the Premiership, and, as they represented different wings of the Whig-Liberal party, it was prophesied by political wiseacres that personal friction would soon lead to a new disruption. Nor were the possible elements of discord confined to these two. Gladstone, formerly a Peelite Tory, and for a time uncertain whether to return to the Tory fold or to join the Liberals, had yielded to Palmerston's promise of a free hand in financial matters, and had joined the Ministry as Chancellor of the Exchequer. Opposed to him in a certain sense, as the rival claimant for political leadership among the younger group, was Sir George Cornewall Lewis, Home Secretary until July, 1861, thereafter until his death in April, 1863, Secretary for War. Acting in some degree as intermediary and conciliator between these divergent interests stood Lord Granville, President of Council, then a "Conservative-Liberal," especially valuable to the Cabinet for the confidence reposed in him by Queen Victoria and Prince Albert.

In 1861 Palmerston was seventy-seven years old. Long before this he had built his popularity upon a vigorous British "patriotism," assertive of England's honour and jealous for British advantage. Now, however, as head of a Government requiring the most delicate handling to maintain itself, he devoted his energies to details of political management in which he had great skill. His ambition was, primarily, to retain office, and in this purpose he was fortunate because, unknown to his ministerial colleagues, he had received an indirect pledge from Lord Derby, the Opposition leader, that there would be, for a time at least, no determined effort to unseat him so long as his Ministry brought forward no Bill for a further expansion of the franchise. In the unwillingness to make any further adventure toward an expanded democracy Palmerston was wholly at one with Derby. Of like opinion, though less strongly so, was Russell, whose popular nickname, "Finality John," gained by his assertion that the Reform Bill of 1832 was England's last step toward democracy, sufficiently indicates his stand on the franchise question. In fact every member of the Cabinet belonged to the "Conservative-Liberal" group, though with shades of political faith, and none were really Liberals--far less Radicals. The outspoken Radicals in Parliament, like John Bright, and his friend Cobden, who had refused to take office under Palmerston, gave a lukewarm support to the Ministry, but would not pledge themselves to steadfast adherence. They had hopes of Gladstone, believed that he would ultimately come into their group, but meanwhile watched with anxiety his delighted immersion, as indeed Palmerston desired it, in the details of financial management to the exclusion of other questions.

The matter of ministerial and general British attitude toward democracy as affecting British policy during the American Civil War will be considered in a later chapter. In the spring of 1861 it had not become a clear-cut British opinion and did not, so far as historical evidence can determine, affect early governmental policy toward America. The outstanding feature of the British Government in 1861 is that it was made up of various so-called "Liberal" elements, the representatives of each of which carried on the business of his own department much as he pleased. Palmerston's was, of course, the deciding opinion, whenever he cared to express it, but this he did but rarely. His great concern was to keep his all-star associates running smoothly together and thus to give no occasion for parliamentary criticism and attack. It followed that Russell, eight years the junior of Palmerston, was in foreign affairs more powerful and independent than is customary. Indeed the Government was at times spoken of as the "Palmerston-Russell Ministry." These two were the leaders of the team; next came Gladstone and Cornewall Lewis, rivals of the younger generation, and each eager to lead when their elders should retire from harness. Gladstone's great ability was already recognized, but his personal political faith was not yet clear. Lewis, lacking his rival's magnetic and emotional qualities, cold, scholarly, and accurate in performance, was regarded as a statesman of high promise[127]. Other Cabinet members, as is the custom of coalitions, were more free in opinion and action than in a strict party ministry where one dominating personality imposes his will upon his colleagues.

Lord John Russell, then, in foreign policy, was more than the main voice of the Government; rather, save in times of extreme crisis, governmental foreign policy was Russell's policy. This was even more true as regards American than European affairs, for the former were little understood, and dependence was necessarily placed upon the man whose business it was to be familiar with them. Indeed there was little actual parliamentary or governmental interest, before midsummer of 1861, in the American question, attention in foreign affairs being directed toward Italian expansion, to the difficulties related to the control of the Ionian islands, and to the developing Danish troubles in Schleswig-Holstein. Neither did the opposition party venture to express a policy as regards America. Lord Derby, able but indolent, occasionally indulged in caustic criticism, but made no attempt to push his attack home. Malmesbury, his former Foreign Secretary, was active and alert in French affairs, but gave no thought to relations across the Atlantic[128]. Disraeli, Tory leader in the Commons, skilfully led a strong minority in attacks on the Government's policy, but never on the American question, though frequently urged to do so by the friends of the South. In short for the first year of the Civil War, 1861, the policy of Great Britain toward America was the policy of Lord John Russell, unhampered by friend or foe.

This being the case, what did Russell know about the American crisis? Briefly, no more than has already been stated as derived from the reports of British officials in the United States, and from the pages of the public press. The salient facts known to Russell were few. Lincoln's Cabinet had been named. Lincoln himself was absolutely an unknown quantity, but it was unbelievable that a man of his origins and history could be more than a mere figurehead--an opinion then held as widely in America as in England. But someone must determine American policy, and by universal consent, this would be Seward.

The new Secretary of State was at the moment better known in England than any other American statesman, with the possible exception of Charles Sumner, whose visits and personal contacts had established a circle of British friendships. Both men were accepted as champions of anti-slavery, Sumner for his vigorous denunciations and his so-called "martyrdom" under the physical violence of the South Carolinan, Brooks; and Seward for his clever political anti-Southern leadership in the United States Senate. But Seward's reputation in this respect was offset by the belief that he was anti-British in his personal sentiments, or at least that he was very ready to arouse for political ends the customary anti-British sentiment of his Irish constituents in the State of New York. In 1860, on the occasion of the visit to the United States of the Prince of Wales, Seward is alleged to have stated to the Duke of Newcastle that in case he became Secretary of State it would then "become my duty to insult England, and I mean to do so"--a threat, whether jocose or not, that aroused much serious and anxious speculation in British governmental circles[129]. Moreover Seward's reputation was that of a wily, clever politician, rather unscrupulous in methods which British politicians professed to disdain--a reputation serving to dim somewhat, as indeed it did in America also, the sincere idealisms and patriotism of the statesman. Altogether, Seward was regarded in Great Britain as a rather dangerous man, yet as the inevitable guiding power in the new Republican administration.

This estimate was shared by many in the United States also, but not by all. The new American Minister to London, Charles Francis Adams, himself a most stiffly upright politician, both regarded Seward as the only possible leader of Republican party policy and rejoiced that this was so, having great confidence in his chief's integrity and wisdom. Adams himself was well suited to his new post. He was known as having early in 1849 fought the battle of anti-slavery as a "Free Soil Whig," and later as a leading Republican member of Congress from Massachusetts. Principally, however, he was suited to his post by education, family, and character. He had been taken as a boy to Russia during his father's ministry at St. Petersburg, and later had been educated in England. His father and grandfather, John Quincy Adams and John Adams, both Presidents of the United States, had both, also, been American Ministers at London. Intensely patriotic, but having wide acquaintance through training and study with European affairs, especially those of Britain, and equipped with high intellectual gifts, Adams was still further fitted to his new post by his power of cool judgment and careful expression in critical times. His very coolness, sometimes appearing as coldness and stiff dignity, rendered him an especially fit agent to deal with Russell, a man of very similar characteristics. The two men quickly learned to respect and esteem each other, whatever clash arose in national policies.

But meanwhile Adams, in April, 1861, was not yet arrived in London. The Southern Government organized at Montgomery, Alabama, but soon transferred to Richmond, Virginia, was headed by Jefferson Davis as President and Alexander Stephens as Vice-President. Neither man was well known in England, though both had long been prominent in American politics. The little British information on Davis, that he had served in the United States Senate and as a Cabinet member, seemed to indicate that he was better fitted to executive duties than his rival, Lincoln. But Davis' foreign policy was wholly a matter for speculation, and his Cabinet consisted of men absolutely unknown to British statesmen. In truth it was not a Cabinet of distinction, for it was the misfortune of the South that everywhere, as the Civil War developed, Southern gentlemen sought reputation and glory in the army rather than in political position. Nor did President Davis himself ever fully grasp the importance to the South of a well-considered and energetic foreign policy. At first, indeed, home controversy compelled anxious attention to the exclusion of other matters. Until war cemented Southern patriotism, Davis, himself regarded as an extremist, felt it necessary in denial of an asserted unreasonableness of personal attitude, to appoint to office men known for their earlier moderate opinions on both slavery and secession[130]. "The single exception to this general policy[131]" was the appointment as agents to Europe of Yancey, Rost and Mann, all of them extreme pro-slavery men and eager secessionists. Of these Mann was the only one with any previous diplomatic experience. Yancey's choice was particularly inappropriate, for he at least was known abroad as the extreme fire-eating Southern orator, demanding for ten years past, that Southern action in defence of states rights and Southern "interests," which now, at last, the South was attempting[132].

Yancey and Rost, starting on their journey on March 16, reached London on April 29[133]. Meanwhile in this same month of April, conditions in America, so long confused and uncertain, were being rapidly clarified. The South, earlier than the North, had come to a determined policy, for while during January and February, at the Montgomery convention, there had been uncertainty as to actively applying the doctrinaire right of secession, by March the party of action had triumphed, and though there was still talk of conferences with the North, and commissioners actually appointed, no real expectation existed of a favourable result. In the North, the determination of policy was more slowly developed. Lincoln was not inaugurated until March 4, and no positive pronouncement was earlier possible. Even after that date uncertainty still prevailed. European correspondents were reporting men like Sumner as willing to let the South go in peace. The Mayor of New York City was discussing the advisability of a separate secession by that financial centre from Nation and State alike--and of setting up as a "free town." Seward, just appointed Secretary of State, was repudiating in both official and private talk any intention to coerce the South by force of arms[134]. It is no wonder that British statesmen were largely at sea over the American situation.

But on April 13, 1861, the Stars and Stripes floating over Fort Sumter in Charleston harbour was lowered in surrender of a Federal fortress under the armed attack of the newly-born Confederacy. That event drove away as by magic the uncertainty of the North, and removed the last vestiges of Southern doubt. A great wave of militant patriotism swept over both sections[135]. Hurriedly both North and South prepared for war, issuing calls for volunteers and organizing in all accustomed warlike preparations. The news of Sumter reached London on April 27, and that civil war seemed certain was known on April 29. On April 17, Davis, since the South lacked a navy, approved a proclamation offering to issue letters of marque and reprisal. On April 19 Lincoln proclaimed a Northern intention to treat as pirates any privateers acting under such letters, and also gave notice of a blockade of Southern ports, to be instituted later. Thus suddenly, so it seemed to British officials and public after the long delay and uncertainty of months, events in America had precipitated a state of war, though in fact there were still to elapse other months in which both North and South laboured to transform a peaceful society into one capable of waging effective battle.

The result of this sudden change in the American horizon was to alter, almost as quickly, the previous delay in outlining a British policy, though, presumably, the British Government, while waiting the turn of events, had given careful consideration to the steps required of it in just such a situation as had now arisen. Certainly both Lyons and Russell had been deeply anxious for some time, and had visualized a proper British policy. The movement in Great Britain now became rapid. On April 29, Malmesbury, in the Lords, spoke of the news of civil war which had arrived "this morning," and asked if the Government had tried to prevent it, or had set on foot negotiations with other powers to check it. Wodehouse, replying for the Government, stated that the United States as an independent State would have resented any suggestions from Great Britain, and that Lyons had been instructed to be extremely careful about offering advice unless "asked for by the contending parties themselves." Both speakers commented on the "ties of blood" rendering Britain especially anxious in this American quarrel, and regretted the conflict[136]. Malmesbury's query as to the approach to another government, meaning France, was evaded. That some such approach, in accordance with the earlier advice of Lyons[137], had already been made, is evident from the fact that three days later, on May 1, Dallas learned from Russell of the plan of joint action with France, though what that action would be was not made clear[138]. As Dallas' report was soon the basis of an American complaint shortly to be considered, the paragraph referring to this matter is important:

"The solicitude felt by Lord John Russell as to the effect of certain measures represented as likely to be adopted by the President induced him to request me to call at his private residence yesterday. I did so. He told me that the three representatives of the Southern confederacy were here[139]; that he had not seen them, but was not unwilling to do so, unofficially; that there existed an understanding between this government and that of France which would lead both to take the same course as to recognition, whatever that course might be; and he then referred to the rumour of a meditated blockade of Southern ports and their discontinuance as ports of entry--topics on which I had heard nothing. But as I informed him that Mr. Adams had apprised me of his intention to be on his way hither, in the steamship 'Niagara,' which left Boston on the 1st May, and that he would probably arrive in less than two weeks, by the 12th or 15th instant, his lordship acquiesced in the expediency of disregarding mere rumour, and waiting the full knowledge to be brought by my successor. The motion, therefore, of Mr. Gregory may be further postponed, at his lordship's suggestion."

May 3rd, Russell held an unofficial interview with the two Southern commissioners in fact arrived, Yancey and Rost. As reported by them[140], Russell listened with attention to their representation, but made no informing comment. They argued the constitutional right of secession, depicted the firm determination of the South, were confident of early acquiescence by the North, and especially laid stress on the Southern desire for free trade. Russell's own report to Lyons on this interview and on one held six days later, May 9, is in substantial agreement, but much more is made by him than by the Commissioners of a question put by Russell as to a Southern plan of reviving the African slave-trade[141]. Yancey and Rost denied this and asserted "that they had prohibited the slave-trade, and did not mean to revive it." Their report to Richmond does not depict this matter as of special significance in the interview; Russell's report to Lyons lays stress upon it. The general result of the interview was that Russell listened, but refused, as to Dallas, to make any pledge on recognition. But the Southern Commissioners came away with a feeling of confidence and were content to wait on British action[142].

On this same day, May 3, Russell received from the Attorney-General a memorandum in reply to a query as to recognizing the belligerency of the South and as to the right of the South to issue letters of marque and reprisal. The memorandum notes that Southern privateering would be dangerous to British commerce with the North, but sees no help for it. "The best solution," wrote the Attorney-General, "would be for the European nations to determine that the war between the two Confederacies shall be carried on on the principles of 'Justum Bellum,' and shall be conducted according to the rules of the Treaty of Paris. Recognize the Southern States as a Belligerent on this condition only[143]." The next day, referring to this memorandum, Russell wrote Lyons that the law officers "are of opinion that we must consider the Civil War in America as regular war[144]," but he does not comment on the legal advice to press the South to abandon privateering before recognizing her belligerent rights, for this is the only meaning that can be attached to the last sentence quoted from the Attorney-General's memorandum. This advice, however, in view of the opinion that there was "no help for it," was presumably but a suggestion as to a possible diplomatic manoeuvre with little confidence that it would succeed. The "best solution" was not the probable one, for the South, without a navy, would not readily yield its only naval weapon.

In these few days British policy was rapidly matured and announced. The letter of May 4 to Lyons, stating the Civil War to be a "regular war" was followed on May 6 by a formal instruction giving Lyons advance notice of the determination reached by the Cabinet to recognize the belligerent rights of the South. Russell indulged in many expressions of regret and sympathy, but Lyons was not to conceal that this British action represented the Government's view of the actualities of the American situation. Yet while Lyons was not to conceal this opinion he was not instructed to notify Seward, officially, of the recognition of Southern belligerency[145]. Here was a correct understanding of the difficulty of the diplomatic position at Washington, and a permitted avoidance by Lyons of dangerous ground[146]. Russell was not then aware of the tenacity with which Seward was to cling to a theory, not yet clearly formulated for foreign governments, that the Civil War was a rebellion of peoples rather than a conflict of governments, but he does appear to have understood the delicacy of formal notification to the constituted government at Washington[147]. Moreover his instructions were in line with the British policy of refusing, at present, a recognition of Southern sovereignty.

On the same day, May 6, a copy of the instructions to Lyons was sent to Cowley, British Ambassador at Paris, directing him to request France to join, promptly, in recognizing Southern belligerent rights. Cowley was also instructed that the blockade and privateering required precautions by European governments, and it was suggested that France and England unite in requesting both belligerents to accede to the second and third articles of the Declaration of Paris[148]. These articles refer to the exemption from capture, except contraband, of enemy's goods under a neutral flag, and of neutral goods under an enemy's flag[149]. This day, also, Russell stated in Parliament that England was about to recognize the belligerent rights of the South, and spoke of the measure as a necessary and inevitable one. May 7, Cowley notified Russell that Thouvenel, the French Foreign Minister, was in complete agreement with England's policy[150], and on May 9, in a more extended communication, Cowley sent word of Thouvenel's suggestion that both powers issue a declaration that they "intended to abstain from all interference," and that M. de Flahault, French Ambassador at London, had been given instructions to act in close harmony with Russell[151].

The rapidity of movement in formulating policy in the six days from May 1 to May 6, seems to have taken the British public and press somewhat by surprise, for there is a lack of newspaper comment even after Russell's parliamentary announcement of policy on the last-named date. But on May 9 the Times set the fashion of general approval in an editorial stating that Great Britain was now coming to see the American conflict in a new light--as a conflict where there were in fact no such ideals involved as had been earlier attributed to it. Southern rights were now more clearly understood, and in any case since war, though greatly to be regretted, was now at hand, it was England's business to keep strictly out of it and to maintain neutrality[152]. This generalization was no doubt satisfactory to the public, but in the Government and in Parliament men who were thinking seriously of specific difficulties realized that the two main problems immediately confronting a British neutral policy were privateering and blockade. The South had declared its intention to use privateers. The North had declared its intention, first to hang those who engaged in privateering, and second to establish a blockade. Neither declaration had as yet been put into effect.

The first action of the British Government was directed toward privateering. On May 1, Russell sent a note to the Lords Commissioners of the Admiralty calling attention to the Southern plan to issue letters of marque and reprisal and directing that reinforcements be sent to the British fleet in American waters. This was prompt action on unofficial information, for Davis' proclamation bore date of April 17, and Lyons' despatch containing copies of it, sent on April 22, was not received by Russell until May 10[153]. Ordinary news from the United States required ten days to get into print in London[154], but official messages might be sent more rapidly by way of telegraph to Halifax, thence by steamer to Liverpool and by telegraph again to London. In case the telegram to Halifax coincided with the departure of a fast vessel the time was occasionally reduced to seven days, but never less. At the best the exact information as to the contents of the Davis and Lincoln proclamations of April 17 and 19 respectively, could have been received only a few days before the order was issued to reinforce the British fleet.

The next day, May 2, Ewart, in the Commons, asked "if Privateers sailing under the flag of an unrecognized Power will be dealt with as Pirates," thus showing the immediate parliamentary concern at the Davis and Lincoln proclamations. Russell stated in reply that a British fleet had been sent to protect British interests and took occasion to indicate British policy by adding, "we have not been involved in any way in that contest by any act or giving any advice in the matter, and, for God's sake, let us if possible keep out of it[155]." May 6, Gregory, a friend of the South, who had already given notice of a motion for the recognition of the Confederacy as an independent State, asked whether the United States had been informed that a blockade of Southern ports would not be recognized unless effective, and whether there would be acquiescence in the belligerent right of the South to issue letters of marque and reprisal[156]. Russell replied that Lincoln had not been informed that a blockade must be effective to be respected since the Washington Government did not need to be told of an international rule which it had itself long proclaimed. As to the second point, he now announced what heretofore had not been clearly stated, that Southern privateers could not be regarded by Great Britain as pirates, for if so regarded Britain would herself have to treat them as pirates and would thus be unneutral. This was in fact, in spite of Northern bitter accusations that Britain was exhibiting governmental sympathy with the South by her tolerance of the plan of Southern privateering, an inescapable conclusion. Russell added, however, that the matter of privateering involved some new questions under the Declaration of Paris upon which the Government had not yet decided what stand to take[157]. It was on this same day, in fact, that Russell had instructed Cowley to take up with France the question of the Declaration of Paris[158], Privateering and blockade, declared in America months before there was any possibility of putting them into effect, and months before there were any military operations in the field, forced this rapid European action, especially the action of Great Britain, which, more than any other European nation, feared belligerent interference with her carrying and export trade. How was the British Government to know that Davis would not bend every energy in sending out privateers, and Lincoln to establish a blockade? The respective declarations of Davis and Lincoln were the first evidences offered of belligerent status. It was reasonable to assume that here would come the first energetic efforts of the belligerents. Nor was British governmental intelligence sufficiently informed to be aware that Davis, in fact, controlled few ships that could be fitted out as privateers, or that two-thirds of the Northern navy was at the moment widely scattered in foreign seas, making impossible a prompt blockade.

To the British view the immediate danger to its commercial interests lay in this announced maritime war, and it felt the necessity of defining its neutral position with speed. The underlying fact of the fixity of Southern determination to maintain secession had in the last few weeks become clearly recognized.

Moreover the latest information sent by British officials in America, some of it received just before the issue of the Proclamation of Neutrality, some just after, was all confirmative of the rapid approach of a great war. A letter from Bunch, at Charleston, was received on May 10, depicting the united Southern will to resist Northern attack, and asserting that the South had no purpose save to conduct a strictly defensive war. Bunch was no longer caustic; he now felt that a new nation was in process of birth[159]. May 4, Monson, writing from Washington, and just returned from a trip through the South, in the course of which he had visited Montgomery, stated "no reconstruction of the Union is possible," and added that there was no danger of a servile insurrection, a matter that now somewhat began to disturb the British Government and public[160]. A few days later on, May 12, Lyons expressed his strong sympathy with the North for reasons of anti-slavery, law, and race, but added that he shrank from expressions of sympathy for fear of thus encouraging the Northern Cabinet in its plan of prosecuting civil war since such a war would be frightful in its consequences both to America and to England[161].

Such reports if received before the issue of the Proclamation of Neutrality must have strengthened the feeling that prompt action was necessary; if received later, they gave confidence that that action had been wise. May 9, Forster asked in the Commons a series of questions as to the application of the British Foreign Enlistment Act in the American crisis. What would be the status of British citizens serving on Confederate privateers? How would the Government treat citizens who aided in equipping such privateers? Did not the Government intend to take measures to prevent the infringement of law in British ports? Here was pressure by a friend of the North to hasten an official announcement of the policy already notified to Parliament. Sir George Lewis replied stating that the Government was about to issue a general proclamation warning British subjects not to take any part in the war[162]. Similar questions were asked by Derby in the Lords on May 10, and received a similar answer[163]. The few days' delay following Russell's statement of May 6 was due to consideration given by the Law Officers to the exact form required. The Proclamation as issued was dated May 13, and was officially printed in the London Gazette on May 14.

In form and in substance the Proclamation of Neutrality did not differ from customary usage[164]. It spoke of the Confederacy as "states styling themselves the Confederate States of America," prohibited to Englishmen enlistment on either side, or efforts to enlist others, or equipment of ships of war, or delivery of commissions to such ships. War vessels being equipped in British ports would be seized and forfeited to the British Government. If a belligerent war-ship came into a British port, no change or increase of equipment was to be permitted. If a subject violated the Proclamation he was both punishable in British courts and forfeited any claim to British protection. The Parliamentary discussion on May 16 brought out more clearly and in general unanimity of opinion the policy of the Government in application of the Proclamation; the South was definitely recognized as a belligerent, but recognition of independence was for the future to determine; the right of the South to send out privateers was regretfully recognized; such privateers could not be regarded as pirates and the North would have no right to treat them as such, but if the North in defiance of international opinion did so treat them, Great Britain had at least warned its subjects that they, if engaged in service on a Southern privateer, had no claim to British protection; a blockade of the South to be respected must be effective at least to the point where a vessel attempting to pass through was likely to be captured; the plan of blockading the entire Southern coast, with its three thousand miles of coast line, was on the face of it ridiculous--evidence that Members of Parliament were profoundly ignorant of the physical geography of the Southern seaboard[165].

The Parliamentary discussion did not reveal any partiality for one side in the American quarrel above the other. It turned wholly on legal questions and their probable application. On May 15 Russell sent to Lyons the official text of the Proclamation, but did not instruct him to communicate it officially to Seward, leaving this rather to Lyons' discretion. This was discretionary in diplomatic usage since in strict fact the Proclamation was addressed to British subjects and need not be communicated officially to the belligerents. In the result the discretion permitted to Lyons had, an important bearing, for recognition of Southern belligerency was opposed to the theory upon which the Northern Government was attempting to proceed. Lyons did not then, or later, make official communication to Seward of the Proclamation[166]. The fact soon appeared that the United States seriously objected to the Proclamation of Neutrality, protesting first, its having been issued at all, and, in the second place, resenting what was considered its "premature" announcement by a friendly nation. This matter developed so serious a criticism by both American Government and public, both during and after the Civil War, that it requires a close examination. Did the British Government exhibit an unfriendly attitude toward the North by a "premature" Proclamation of Neutrality?

On May 13 the new American Minister landed at Liverpool, and on the morning of the fourteenth he was "ready for business" in London[167], but the interview with Russell arranged for that day by Dallas was prevented by the illness of Russell's brother, the Duke of Bedford[168]. All that was immediately possible was to make official notification of arrival and to secure the customary audience with the Queen. This was promptly arranged, and on May 16 Adams was presented, Palmerston attending in the enforced absence of Russell. Adams' first report to Seward was therefore brief, merely noting that public opinion was "not exactly what we would wish." In this he referred to the utterances of the press, particularly those of the Times, which from day to day and with increasing vigour sounded the note of strict neutrality in a "non-idealistic" war. On May 30 the Times, asserting that both parties in America were bidding for English support, summed up public opinion as follows:

"We have been told, in fact, by Northern politicians, that it does not become us to be indifferent, and by Southern leaders that they are half inclined to become British once more. Both sides are bidding for us, and both sides have their partisans over here. On such perilous ground we cannot walk too warily.

"For our own part, we are free to confess that the march of events has induced us to regard the dispute as a more commonplace kind of quarrel than it at first appeared to be. The real motives of the belligerents, as the truth transpires; appear to be exactly such motives as have caused wars in all times and countries. They are essentially selfish motives--that is to say, they are based upon speculations of national power, territorial aggrandizement, political advantage, and commercial gain. Neither side can claim any superiority of principle, or any peculiar purity of patriotism....

"We certainly cannot discover in these arguments anything to remove the case from the common category of national or monarchical quarrels. The representations of the North might be made word for word by any autocrat or conqueror desirous of 'rectifying' his frontier, consolidating his empire, or retaining a disaffected province in subjection. The manifestos of the South might be put forth by any State desirous of terminating an unpleasant connexion or exchanging union for independence....

"It is just such a question as has been left times out of mind in this Old World to the decision of the sword. The sword will be the arbitrator in the New World too; but the event teaches us plainly enough that Republics and Democracies enjoy no exemption from the passions and follies of humanity."

Under these impressions Adams presented himself on May 18 for his first interview with Russell[169]. He stated that he had come with the idea that there was

".... little to do beyond the duty of preserving the relations actually existing between the two nations from the risk of being unfavourably affected by the unfortunate domestic disturbances prevailing in my own country. It was not without pain that I was compelled to admit that from the day of my arrival I had felt in the proceedings of both houses of Parliament, in the language of Her Majesty's ministers, and in the tone of opinion prevailing in private circles, more of uncertainty about this than I had before thought possible,"

Adams then inquired whether the replies given by Russell to Dallas refusing to indicate a policy as to recognition of the South implied a British purpose "to adopt a policy which would have the effect to widen, if not to make irreparable, a breach [between North and South] which we believed yet to be entirely manageable by ourselves."

Russell here replied that "there was no such intention"; he had simply meant to say to Dallas that the British Government "were not disposed in any way to interfere." To this Adams answered that:

".... it was deserving of grave consideration whether great caution was not to be used in adopting any course that might, even in the most indirect way, have an effect to encourage the hopes of the disaffected in America.... It was in this view that I must be permitted to express the great regret I had felt on learning the decision to issue the Queen's proclamation, which at once raised the insurgents to the level of a belligerent State, and still more the language used in regard to it by Her Majesty's ministers in both houses of Parliament before and since. Whatever might be the design, there could be no shadow of doubt that the effect of these events had been to encourage the friends of the disaffected here. The tone of the press and of private opinion indicated it strongly."

Russell's answer was that Adams was placing more stress on recent events than they deserved. The Government had taken the advice of the Law Officers and as a result had concluded that "as a question merely of fact, a war existed.... Under such circumstances

it seemed scarcely possible to avoid speaking of this in the technical sense as justum bellum, that is, a war of two sides, without in any way implying an opinion of its justice, as well as to withhold an endeavour, so far as possible, to bring the management of it within the rules of modern civilized warfare. This was all that was contemplated by the Queen's proclamation. It was designed to show the purport of existing laws, and to explain to British subjects their liabilities in case they should engage in the war."

To this Adams answered "... that under other circumstances

I should be very ready to give my cheerful assent to this view of his lordship's. But I must be permitted frankly to remark that the action taken seemed, at least to my mind, a little more rapid than was absolutely called for by the occasion.... And furthermore, it pronounced the insurgents to be a belligerent State before they had ever shown their capacity to maintain any kind of warfare whatever, except within one of their own harbours, and under every possible advantage. It considered them a marine power before they had ever exhibited a single privateer on the ocean.... The rule was very clear, that whenever it became apparent that any organized form of society had advanced so far as to prove its power to defend and protect itself against the assaults of enemies, and at the same time to manifest a capacity to maintain binding relations with foreign nations, then a measure of recognition could not be justly objected to on any side. The case was very different when such an interference should take place, prior to the establishment of the proof required, as to bring about a result which would not probably have happened but for that external agency."

This representation by the American Minister, thus early made, contains the whole argument advanced against the British Proclamation of Neutrality, though there were many similar representations made at greater length both by Adams later, and by Seward at Washington. They are all well summarized by Bernard as "a rejection ... of the proposition that the existence of war is a simple matter of fact, to be ascertained as other facts are--and an assertion ... of the dogma that there can be no war, so far as foreign nations are concerned, and, therefore, no neutrality, so long as there is a sovereignty de jure[170]." But in this first representation Adams, in the main, laid stress upon the haste with which the Proclamation of Neutrality had been issued, and, by inference, upon the evidence that British sympathies were with the South.

One British journal was, indeed, at this very moment voicing exactly those opinions advanced by Adams. The Spectator declared that while the Proclamation, on the face of it, appeared to be one of strict neutrality, it in reality tended "directly to the benefit of the South[171]." A fortnight later this paper asserted, "The quarrel, cover it with cotton as we may, is between freedom and slavery, right and wrong, the dominion of God and the dominion of the Devil, and the duty of England, we submit, is clear." She should, even though forced to declare her neutrality, refuse for all time to recognize the slave-holding Confederacy[172]. But the Spectator stood nearly alone in this view. The Saturday Review defended in every respect the issue of the Proclamation and added, "In a short time, it will be necessary further to recognize the legitimacy of the Southern Government; but the United States have a right to require that the acknowledgment shall be postponed until the failure of the effort which they assert or believe that they are about to make has resulted in an experimental proof that subjugation is impossible[173]." A few provincial papers supported the view of the Spectator, but they were of minor importance, and generally the press heartily approved the Proclamation.

At the time of Adams' interview with Russell on May 18 he has just received an instruction from Seward written under the impression aroused by Dallas' report of Russell's refusal on April 8 to make any pledge as to British policy on the recognition of Southern independence. Seward was very much disturbed by what Russell had said to Dallas. In this instruction, dated April 27[174], he wrote:

"When you shall have read the instructions at large which have been sent to you, you will hardly need to be told that these last remarks of his lordship are by no means satisfactory to this government. Her Britannic Majesty's government is at liberty to choose whether it will retain the friendship of this government by refusing all aid and comfort to its enemies, now in flagrant rebellion against it, as we think the treaties existing between the two countries require, or whether the government of Her Majesty will take the precarious benefits of a different course.

"You will lose no time in making known to Her Britannic Majesty's Government that the President regards the answer of his lordship as possibly indicating a policy that this government would be obliged to deem injurious to its rights and derogating from its dignity."

Having promptly carried out these instructions, as he understood them, Adams soon began to report an improved British attitude, and especially in the Government, stating that this improvement was due, in part, to the vigour now being shown by the Northern Government, in part "to a sense that the preceding action of Her Majesty's ministers has been construed to mean more than they intended by it[175]." But at Washington the American irritation was not so easily allayed. Lyons was reporting Seward and, indeed, the whole North, as very angry with the Proclamation of Neutrality[176]. On June 14, Lyons had a long conversation with Seward in which the latter stubbornly denied that the South could possess any belligerent rights. Lyons left the conference feeling that Seward was trying to divide France and England on this point, and Lyons was himself somewhat anxious because France was so long delaying her own Proclamation[177]. To meet the situation, he and Mercier, the French Minister, went the next day, June 15, on an official visit to Seward with the intention of formally presenting the British Proclamation and Thouvenel's instructions to Mercier to support it[178]. But Seward "said at once that he could not receive from us a communication founded on the assumption that

the Southern Rebels were to be regarded as Belligerents; that this was a determination to which the Cabinet had come deliberately; that he could not admit that recent events had in any respect altered the relations between Foreign Powers and the Southern States; that he would not discuss the question with us, but that he should give instructions to the United States Ministers in London and Paris who would thus be enabled to state the reasons for the course taken by their Government to Your Lordship and to M. Thouvenel, if you should be desirous to hear them.... He should not take Official cognizance of the recognition of the Belligerent Rights of Southern Rebels by Great Britain and France, unless he should be forced to do so by an Official communication addressed to the Government of the United States itself."

In the result the two Ministers submitted their papers to Seward "for his own use only." They did not regard the moment well chosen "to be punctilious." Lyons reported that Seward's language and demeanour throughout the interview were "calm, friendly, and good humoured," but the fact remained that the United States had not been officially notified of the Proclamation of Neutrality, and that the American Government, sensitive to popular excitement in the matter and committed to the theory of a rebellion of peoples, was thus left free to continue argument in London without any necessity of making formal protest and of taking active steps to support such protest[179]. The official relation was eased by the conciliatory acquiescence of Lyons. The public anger of America, expressed in her newspapers, astonished the British press and, temporarily, made them more careful in comment on American affairs. The Times told its readers to keep cool. "It is plain that the utmost care and circumspection must be used by every man or party in England to avoid giving offence to either of the two incensed belligerents[180]." In answer to the Northern outcry at the lack of British sympathy, it declared "Neutrality--strict neutrality--is all that the United States Government can claim[181]."

While the burden of American criticism was thus directed toward the British recognition of Southern belligerency, there were two other matters of great moment to the American view--the attitude of the British Government toward Southern privateers, and the hearing given by Russell to the Confederate envoys. On the former, Seward, on May 21, wrote to Adams: "As to the treatment of privateers in the insurgent service, you will say that this is a question exclusively our own. We treat them as pirates. They are our own citizens, or persons employed by our own citizens, preying on the commerce of our country. If Great Britain shall choose to recognize them as lawful belligerents and give them shelter from our pursuit and punishment, the law of nations affords an adequate and proper remedy[182]." This was threatening language, but was for Adams' own eye, and in the next sentence of his letter Seward stated that avoidance of friction on this point was easy, since in 1856 Great Britain had invited the United States to adhere to the Declaration of Paris everywhere abolishing privateering, and to this the United States was now ready to accede.

What Seward really meant to accomplish by this was not made clear for the question of privateering did not constitute the main point of his belligerent letter of May 21. In fact the proposed treatment of privateers as pirates might have resulted in very serious complications, for though the Proclamation of Neutrality had warned British subjects that they would forfeit any claim to protection if they engaged in the conflict, it is obvious that the hanging as a pirate of a British seaman would have aroused a national outcry almost certain to have forced the Government into protest and action against America. Fortunately the cooler judgment of the United States soon led to quiet abandonment of the plan of treating privateers as pirates, while on the other point of giving "shelter" to Confederate privateers Seward himself received from Lyons assurance, even before Adams had made a protest, that no such shelter would be available in British ports[183].

In this same letter of May 21 Seward, writing of the rumour that the Southern envoys were to be received by Russell "unofficially," instructed Adams that he must use efforts to stop this and that: "You will, in any event, desist from all intercourse whatever, unofficial as well as official, with the British Government, so long as it shall continue intercourse of either kind with the domestic enemies of this country." Here was a positive instruction as to the American Minister's conduct in a given situation, and a very serious instruction, nearly equivalent to "taking leave" after a rupture of diplomatic relations, but the method to be used in avoiding if possible the necessity of the serious step was left to Adams' discretion. Well might Adams' comment, when reporting the outcome, that this was the "most delicate portion of my task[184]." Adams again went over with Russell the suspicion as to British intentions aroused in America by the Queen's Proclamation, but added that he had not been able to convince himself of the existence of an unfriendly design. "But it was not to be disguised that the fact of the continued stay of the pseudo-commissioners in this city, and still more the knowledge that they had been admitted to more or less interviews with his lordship, was calculated to excite uneasiness. Indeed, it had already given great dissatisfaction to my Government. I added, as moderately as I could, that in all frankness any further protraction of this relation could scarcely fail to be viewed by us as hostile in spirit, and to require some corresponding action accordingly." Russell replied that both France and England had long been accustomed to receive such persons unofficially, as in the case of "Poles, Hungarians, Italians, etc.," to hear what they had to say. "But this did not imply recognition in their case any more than in ours. He added that he had seen the gentlemen once some time ago, and once more some time since; he had no expectation of seeing them any more[185]."

For the moment, then, a matter which under Seward's instructions might have brought on a serious crisis was averted by the tact of Adams and the acquiescence of Russell. Yet no pledge had been given; Russell merely stated that he had "no expectation" of further interviews with the Southern commissioners; he was still ready to hear from them in writing. This caused a division of opinion between the commissioners; Yancey argued that Russell's concession to Adams was itself a violation of the neutrality the British Government had announced, and that it should be met by a formal protest. But the other members insisted on a reference to Richmond for instructions[186]. On the same day that Adams reported the result to Seward he wrote privately to his son in Boston:

"My position here thus far has not been difficult or painful. If I had followed the course of some of my colleagues in the diplomatic line, this country might have been on the high road to the confederate camp before now. It did not seem to me to be expedient so to play into the hands of our opponents. Although there has been and is more or less of sympathy with the slave-holders in certain circles, they are not so powerful as to overbear the general sentiment of the people. The ministry has been placed in rather delicate circumstances, when a small loss of power on either extreme would have thrown them out[187]."

In Adams' opinion the Liberals were on the whole more friendly, at least, to the North than were the Conservatives, and he therefore considered it best not to press too harshly upon the Government.

But the concluding sentence of this same letter was significant: "I wait with patience--but as yet I have not gone so far as to engage a house for more than a month at a time...." He might himself be inclined to view more leniently the Proclamation of Neutrality and be able to find excuses for the alleged haste with which it had been issued, but his instructions required strong representations, especially on the latter point. Adams' report to Seward of June 14, just noted, on the interview with Russell of June 12, after treating of privateering and the Southern commissioners, turns in greater length to the alleged pledge of delay given by Russell to Dallas, and to the violation of that pledge in a hasty issue of the Proclamation. He renews attack on the line already taken on May 18[188]. From this time on, throughout and after the war, this criticism was repeatedly made and with increasing bitterness. British friends of the North joined in the American outcry. By mere reiteration it became in the popular mind on both sides of the Atlantic an accepted and well-founded evidence of British governmental unfriendliness in May, 1861. At the conclusion of the Civil War, John Bright in Parliament, commenting on the causes of American ill-will, declared that the Government of 1861, knowing that Adams was on his way, should in mere courtesy, have waited his arrival. Then, said Bright, the Proclamation, entirely justifiable in itself, might have been issued without offence and without embittering the United States[189].

Had in fact a "pledge to wait" been given to Dallas; and was the Proclamation hasty and premature? Russell always denied he had given any such pledge, and the text of Dallas' report of the interview of May 1 would seem to support that denial[190]. On that day Russell for the second time told Dallas that England would not commit herself, as yet, as regards Southern recognition, clearly meaning a recognition of sovereignty, not of belligerency, and immediately asked Dallas what the rumours of a blockade meant. Dallas replied that he had no information on this point, and Russell "acquiesced in the expediency of disregarding mere rumour, and waiting the full knowledge to be brought by my successor. The motion, therefore, of Mr. Gregory may be further postponed, at his lordship's suggestion."

The unprejudiced interpretation of this report is merely that Russell refrained from pressing Dallas about a matter--blockade--of which Dallas knew nothing, agreeing that this would be explained by Adams, and especially that he let Dallas understand that Gregory's motion, which was one for recognizing the independence and sovereignty of the South, would be postponed. If there was a pledge here it was a pledge not to recognize Southern sovereignty until after Adams' arrival.

But even if there was no promise of delay "there can be no question," writes the son of Adams in a brief biography of his father, "that the proclamation of the 13th was issued with unseemly haste.... The purpose was manifest. It was to have the status of the Confederacy as a belligerent an accomplished fact before the arrival of the newly accredited minister. This precipitate action was chiefly significant as indicating an animus; that animus being really based on ... the belief, already matured into a conviction, that the full recognition of the Confederacy as an independent power was merely a question of time, and probably of a very short time[191]." The author does not, however, support the contemporary American contention that any Proclamation was contrary to international custom and that no recognition of belligerent status was permissible to neutrals until the "insurgents" had forced the mother country itself to recognize the division as fully accomplished, even while war still continued. Indeed American practice was flatly contradictory of the argument, as in the very pertinent example of the petty Canadian rebellion of 1837, when President Van Buren had promptly issued a proclamation of neutrality. It is curious that in his several replies to Seward's complaints Russell did not quote a letter from Stevenson, the American Minister to London, addressed to Palmerston, May 22, 1838. Stevenson was demanding disavowal and disapproval of the "Caroline" affair, and incidentally he asserted as an incontrovertible principle "that civil wars are not distinguished from other wars, as to belligerent and neutral rights; that they stand upon the same ground, and are governed by the same principles; that whenever a portion of a State seek by force of arms to overthrow the Government, and maintain independence, the contest becomes one de facto of war[192]." This was as exact, and correct, a statement of the British view as could have been desired[193].

The American Minister, whatever his official representation, did not then hold, privately, the view of "unfriendly animus." On July 2, 1861, his secretary son wrote: "The English are really on our side; of that I have no doubt whatever. [Later he was less sure of this.] But they thought that as a dissolution seemed inevitable and as we seemed to have made up our minds to it, that their Proclamation was just the thing to keep them straight with both sides, and when it turned out otherwise they did their best to correct their mistake[194]." The modern historical judgment of the best American writers likewise exonerates the British Government of "unfriendly animus[195]," but is still apt to refer to the "premature" issue of the Proclamation.

This was also John Bright's view. But can Russell and the Government be criticized even as exercising an unwise (not unfriendly) haste? Henry Adams wrote that the British thought the "dissolution seemed inevitable" and "we seemed to have made up our minds to it." Certainly this was a justifiable conclusion from the events in America from Lincoln's election in November, 1860, to his inauguration in March, 1861--and even to a later date, almost in fact to the first week in April. During this period the British Ministry preserved a strictly "hands off" policy. Then, suddenly, actual conflict begins and at once each side in America issues declarations, Davis on privateering, Lincoln on blockade and piracy, indicative that maritime war, the form of war at once most dangerous to British interests and most likely to draw in British citizens, was the method first to be tried by the contestants. Unless these declarations were mere bluff and bluster England could not dare wait their application. She must at once warn her citizens and make clear her position as a neutral. The Proclamation was no effort "to keep straight with both sides"; it was simply the natural, direct, and prompt notification to British subjects required in the presence of a de facto war.

Moreover, merely as a matter of historical speculation, it was fortunate that the Proclamation antedated the arrival of Adams. The theory of the Northern administration under which the Civil War was begun and concluded was that a portion of the people of the United States were striving as "insurgents" to throw off their allegiance, and that there could be no recognition of any Southern Government in the conflict. In actual practice in war, the exchange of prisoners and like matters, this theory had soon to be discarded. Yet it was a far-seeing and wise theory nevertheless in looking forward to the purely domestic and constitutional problem of the return to the Union, when conquered, of the sections in rebellion. This, unfortunately, was not clear to foreign nations, and it necessarily complicated relations with them. Yet under that theory Adams had to act. Had he arrived before the Proclamation of Neutrality it is difficult to see how he could have proceeded otherwise than to protest, officially, against any British declaration of neutrality, declaring that his Government did not acknowledge a state of war as existing, and threatening to take his leave. It would have been his duty to prevent, if possible, the issue of the Proclamation. Dallas, fortunately, had been left uninformed and uninstructed. Adams, fortunately, arrived too late to prevent and had, therefore, merely to complain. The "premature" issue of the Proclamation averted an inevitable rupture of relations on a clash between the American theory of "no state of war" and the international fact that war existed. Had that rupture occurred, how long would the British Government and people have remained neutral, and what would have been the ultimate fate of the United States[196]?

FOOTNOTES:

[Footnote 127: Sir George Cornewall Lewis was better informed in the early stages of the American conflict than any of his ministerial colleagues. He was an occasional contributor to the reviews and his unsigned article in the Edinburgh, April, 1861, on "The Election of President Lincoln and its Consequences," was the first analysis of real merit in any of the reviews.]

[Footnote 128: In his Memoirs of an Ex-Minister, Malmesbury makes but three important references to the Civil War in America.]

[Footnote 129: Adams, Charles Francis Adams, p. 165.]

[Footnote 130: Dodd, Jefferson Davis, pp. 227-8.]

[Footnote 131: Ibid.]

[Footnote 132: It was generally whispered in Southern political circles that Davis sent Yancey abroad to get rid of him, fearing his interference at home. If true, this is further evidence of Davis' neglect of foreign policy.]

[Footnote 133: Du Bose, Yancey, p. 604.]

[Footnote 134: Adams, Charles Francis Adams, pp. 149-51.]

[Footnote 135: Possibly the best concise statement of the effect on the North is given in Carl Schurz, Reminiscences, Vol. II, p. 223. Or see my citation of this in The Power of Ideals in American History, ch. I, "Nationality."]

[Footnote 136: Hansard, 3rd. Ser., Vol. CLXII, pp. 1207-9.]

[Footnote 137: See ante, p. 60.]

[Footnote 138: U.S. Messages and Documents, 1861-62, pp. 83-4. Dallas to Seward, May 2, 1862.]

[Footnote 139: An error. Mann did not arrive in London until May 15. Du Bose, Yancey, p. 604.]

[Footnote 140: Richardson, Messages and Papers of the Confederacy, Vol. II, p. 34. This report also shows that Mann was not present at the first interview with Russell.]

[Footnote 141: F.O., America, Vol. 755, No. 128, Russell to Lyons, May 11, 1861. This document is marked "Seen by Lord Palmerston and the Queen." The greater and essential part has been printed in Parliamentary Papers, 1862, Lords, Vol. XXV. "Correspondence on Civil War in United States." No. 33.]

[Footnote 142: Du Bose, Yancey, p. 604.]

[Footnote 143: Lyons Papers. The copy of the Memorandum sent to Lyons is undated, but from Russell's letter to Lyons of May 4, in which it was enclosed, it is presumable that the date of May 3 for the Memorandum is correct.]

[Footnote 144: Ibid., Russell to Lyons, May 4, 1861.]

[Footnote 145: F.O., Am., Vol. 755, No. 121, Russell to Lyons, May 6, 1861.]

[Footnote 146: It is to be remembered that the United States had given no notice of the existence of a state of war.]

[Footnote 147: In diplomatic usage official notification of neutrality to a belligerent has varied, but Russell's letters show him to have appreciated a peculiar delicacy here.]

[Footnote 148: F.O., France, Vol. 1376, No. 553. Draft. Printed in Parliamentary Papers, 1862, Lords, Vol. XXV. "Correspondence on International Maritime Law." No. 1.]

[Footnote 149: It is interesting that on this same day Lyons was writing from Washington advocating, regretfully, because of his sympathy with the North, a strict British neutrality:

"The sympathies of an Englishman are naturally inclined towards the North--but I am afraid we should find that anything like a quasi alliance with the men in office here would place us in a position which would soon become untenable. There would be no end to the exactions which they would make upon us, there would be no end to the disregard of our neutral rights, which they would show if they once felt sure of us. If I had the least hope of their being able to reconstruct the Union, or even of their being able to reduce the South to the condition of a tolerably contented or at all events obedient dependency, my feeling against Slavery might lead me to desire to co-operate with them. But I conceive all chance of this to be gone for ever."

Russell Papers. Lyons to Russell, May 6, 1861.]

[Footnote 150: F.O., France, Vol. 1390. No. 677.]

[Footnote 151: Ibid., No. 684. Printed in part in Parliamentary Papers, 1862, Lords, Vol. XXV. "Correspondence on International Maritime Law." No. 3.]

[Footnote 152: Times, May 9, 1861.]

[Footnote 153: Parliamentary Papers, 1862, Lords, Vol. XXV. "Correspondence on Civil War in the United States." No. 31.]

[Footnote 154: So stated by the Times, May 9, 1861.]

[Footnote 155: Hansard, 3rd. Ser., Vol. CLXII, pp. 1378-9. This blunt expression of Great Britain's Foreign Secretary offers an interesting comparison with the words of the American President Wilson, in a parallel statement at the outbreak of the Great War in 1914. Wilson on August 3, 1914, gave a special audience to newspaper correspondents, begging them to maintain an attitude of calm impartiality. On August 4 he issued the first of several neutrality proclamations in which, following the customary language of such documents, the people were notified that neutrality did not restrict the "full and free expression of sympathies in public and in private." But on August 18 in an address to the people of the United States, this legal phraseology, required by traditional usage was negatived by Wilson's appeal that "we must be impartial in thought as well as in action, must put a curb upon our sentiments as well as upon every transaction that might be construed as a preference of one party to the struggle before another." And three weeks later, on September 8, came the proclamation setting aside October 4 "as a day of prayer to Almighty God," informing Him that war existed and asking His intervention. Possibly Russell's more blunt and pithy expression was better suited to the forthrightness of the British public.]

[Footnote 156: Hansard, ibid., pp. 1564-7. Gregory, a "Liberal-Conservative," though never a "good party man" was then supporting Palmerston's ministry. He was very popular in Parliament, representing by his prominence in sport and society alike, the "gentleman ruling class" of the House of Commons, and was a valuable influence for the South.]

[Footnote 157: This subject is developed at length in Chapter V on "The Declaration of Paris Negotiation."]

[Footnote 158: See ante, p. 88. The chronology of these rapidly succeeding events is interesting:

April 29--Malmesbury states in the Lords that "news was received this day." May 1--Naval reinforcements sent to American waters. May 1--Russell's interview with Dallas. May 2--Russell's plea in Parliament, "For God's sake keep out of it." May 3--Russell's first interview with Yancey and Rost. May 3--Attorney-General's memorandum. May 4--Russell's note to Lyons that this is a "regular war." May 6--Cowley instructed to ask France to recognize Southern belligerency. May 6--Lyons notified that England will recognize Southern belligerency. May 6--Russell states in Parliament that privateers can not be treated as pirates. [Presumably, since parliamentary sittings begin in the late afternoons, the instructions to diplomats were drawn before the statement in Parliament.] May 9--Russell's second interview with Yancey and Rost. May 9--Sir George Lewis announces that a Proclamation of Neutrality will be issued soon. May 13--The Proclamation authorized. May 13--Adams reaches Liverpool. May 14--The Proclamation officially published in the London Gazette. May 14--Adams in London "ready for business."

It would appear that Russell's expressions in Parliament on May 2 indicated clearly the purpose of the Government. This was notified to Lyons on May 4, which may be taken as the date when the governmental position had become definitely fixed, even though official instructions were not sent Lyons until the 6th.]

[Footnote 159: F.O., Am., Vol. 780, No. 50. Bunch to Russell, April 19, 1861.]

[Footnote 160: F.O., Am., 789, Monson to Alston, received May 21.]

[Footnote 161: F.O., Am., 763, No. 197, Lyons to Russell, received May 26. The full statement is:

"To an Englishman, sincerely interested in the welfare of this country, the present state of things is peculiarly painful. Abhorrence of slavery, respect for law, more complete community of race and language, enlist his sympathies on the side of the North. On the other hand, he cannot but reflect that any encouragement to the predominant war feeling in the North cannot but be injurious to both sections of the country. The prosecution of the war can lead only to the exhaustion of the North by an expenditure of life and money on an enterprise in which success and failure would be alike disastrous. It must tend to the utter devastation of the South. It would at all events occasion a suspension of Southern cultivation which would be calamitous even more to England than to the Northern States themselves."

[Footnote 162: Hansard, 3rd. Ser., CLXII, p. 1763.]

[Footnote 163: Ibid., pp. 1830-34. In the general discussion in the Lords there appeared disagreement as to the status of privateering. Granville, Derby, and Brougham, spoke of it as piracy. Earl Hardwicke thought privateering justifiable. The general tone of the debate, though only on this matter of international practice, was favourable to the North.]

[Footnote 164: For example see Hertslet, Map of Europe by Treaty, Vol. I, p. 698, for the Proclamation issued in 1813 during the Spanish-American colonial revolutions.]

[Footnote 165: Hansard, 3rd. Ser., CLXII, pp. 2077-2088.]

[Footnote 166: Parliamentary Papers, 1862, Lords, Vol. XXV, "Correspondence on Civil War in the United States." No. 35. Russell to Lyons, May 15, 1861. Another reason for Lyons' precaution was that while his French colleague, Mercier, had been instructed to support the British Proclamation, no official French Proclamation was issued until June 10, and Lyons, while he trusted Mercier, felt that this French delay needed some explanation. Mercier told Seward, unofficially, of his instructions and even left a copy of them, but at Seward's request made no official communication. Lyons, later, followed the same procedure. This method of dealing with Seward came to be a not unusual one, though it irritated both the British and French Ministers.]

[Footnote 167: U.S. Messages and Documents, 1861-2, p. 85. Adams to Seward, May 17, 1861.]

[Footnote 168: Bedford died that day.]

[Footnote 169: U.S. Messages and Documents, 1861-2, pp. 90-96. Adams to Seward, May 21, 1861.]

[Footnote 170: Bernard, The Neutrality of Great Britain during the American Civil War, p. 161. The author cites at length despatches and documents of the period.]

[Footnote 171: Spectator, May 18, 1861.]

[Footnote 172: Spectator, June 1, 1861.]

[Footnote 173: Saturday Review, June 1, 1861.]

[Footnote 174: U.S. Messages and Documents, 1861-2, p. 82.]

[Footnote 175: Ibid., p. 98. Adams to Seward, June 7, 1861. See also p. 96, Adams to Seward, May 31, 1861.]

[Footnote 176: Russell Papers. Lyons to Russell, June 10, 1861.]

[Footnote 177: Ibid., Lyons to Russell, June 14, 1861.]

[Footnote 178: F.O., Am., Vol. 766, No. 282. Lyons to Russell, June 17, 1861. Seward's account, in close agreement with that of Lyons, is in U.S. Messages and Documents, 1861-2, p. 106. Seward to Adams, June 19, 1861.]

[Footnote 179: Bancroft in his Seward (II, p. 183) prints a portion of an unpublished despatch of Seward to Dayton in Paris, July 1, 1861, as "his clearest and most characteristic explanation of what the attitude of the government must be in regard to the action of the foreign nations that have recognized the belligerency of the 'insurgents.'"

"Neither Great Britain nor France, separately nor both together, can, by any declaration they can make, impair the sovereignty of the United States over the insurgents, nor confer upon them any public rights whatever. From first to last we have acted, and we shall continue to act, for the whole people of the United States, and to make treaties for disloyal as well as loyal citizens with foreign nations, and shall expect, when the public welfare requires it, foreign nations to respect and observe the treaties.

"We do not admit, and we never shall admit, even the fundamental statement you assume--namely, that Great Britain and France have recognized the insurgents as a belligerent party. True, you say they have so declared. We reply: Yes, but they have not declared so to us. You may rejoin: Their public declaration concludes the fact. We, nevertheless, reply: It must be not their declaration, but the fact, that concludes the fact."

[Footnote 180: The Times, June 3, 1861.]

[Footnote 181: Ibid., June 11, 1861.]

[Footnote 182: U.S. Messages and Documents, 1861-2, p. 87.]

[Footnote 183: Parliamentary Papers, 1862, Lords, Vol. XXV. "Correspondence on Civil War in the United States." No. 56. Lyons to Russell, June 17, 1861, reporting conference with Seward on June 15.]

[Footnote 184: U.S. Messages and Documents, 1861-62, p. 104. Adams to Seward, June 14, 1861.]

[Footnote 185: Bancroft, the biographer of Seward, takes the view that the protests against the Queen's Proclamation, in regard to privateering and against interviews with the Southern commissioners were all unjustifiable. The first, he says, was based on "unsound reasoning" (II, 177). On the second he quotes with approval a letter from Russell to Edward Everett, July 12, 1861, showing the British dilemma: "Unless we meant to treat them as pirates and to hang them we could not deny them belligerent rights" (II, 178). And as to the Southern commissioners he asserts that Seward, later, ceased protest and writes: "Perhaps he remembered that he himself had recently communicated, through three different intermediaries, with the Confederate commissioners to Washington, and would have met them if the President had not forbidden it." Bancroft, Seward, II, 179.]

[Footnote 186: Du Bose, Yancey, p. 606.]

[Footnote 187: A Cycle of Adams' Letters, 1861-1865, Vol. I, p. 11. Adams to C.F. Adams, Jnr., June 14, 1861.]

[Footnote 188: See ante, p. 98. Russell's report to Lyons of this interview of June 12, lays special emphasis on Adams' complaint of haste. Parliamentary Papers, 1862, Lords, Vol. XXV, "Correspondence on Civil War in the United States," No. 52. Russell to Lyons, June 21, 1861.]

[Footnote 189: Hansard, 3rd. Ser., CLXXVII, pp. 1620-21, March 13, 1865.]

[Footnote 190: See ante, p. 85.]

[Footnote 191: C.F. Adams, Charles Francis Adams, p. 172. In preparing a larger life of his father, never printed, the son later came to a different opinion, crediting Russell with foresight in hastening the Proclamation to avoid possible embarrassment with Adams on his arrival. The quotation from the printed "Life" well summarizes, however, current American opinion.]

[Footnote 192: U.S. Documents, Ser. No. 347, Doc. 183, p. 6.]

[Footnote 193: The United States Supreme Court in 1862, decided that Lincoln's blockade proclamation of April 19, 1861, was "itself official and conclusive evidence ... that a state of war existed." (Moore, Int. Law Digest, I, p. 190.)]

[Footnote 194: A Cycle of Adams' Letters, I, p. 16. Henry Adams to C.F. Adams, Jnr.]

[Footnote 195: Rhodes, History of the United States, III, p. 420 (note) summarizes arguments on this point, but thinks that the Proclamation might have been delayed without harm to British interests. This is perhaps true as a matter of historical fact, but such fact in no way alters the compulsion to quick action felt by the Ministry in the presence of probable immediate fact.]

[Footnote 196: This was the later view of C.F. Adams, Jnr. He came to regard the delay in his father's journey to England as the most fortunate single incident in American foreign relations during the Civil War.]

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IV. BRITISH SUSPICION OF SEWARD

The incidents narrated in the preceding chapter have been considered solely from the point of view of a formal American contention as to correct international practice and the British answer to that contention. In fact, however, there were intimately connected wth these formal arguments and instructions of the American Secretary of State a plan of possible militant action against Great Britain and a suspicion, in British Governmental circles, that this plan was being rapidly matured. American historians have come to stigmatize this plan as "Seward's Foreign War Panacea," and it has been examined by them in great detail, so that there is no need here to do more than state its main features. That which is new in the present treatment is the British information in regard to the plan and the resultant British suspicion of Seward's intentions.

The British public, as distinguished from the Government, deriving its knowledge of Seward from newspaper reports of his career and past utterances, might well consider him as traditionally unfriendly to Great Britain. He had, in the 'fifties, vigorously attacked the British interpretation of the Clayton-Bulwer Treaty and characterized Great Britain as "the most grasping and the most rapacious Power in the world"; he had long prophesied the ultimate annexation of Canada to the United States; he had not disdained, in political struggles in the State of New York, to whip up, for the sake of votes, Irish antagonism to Great Britain; and more especially and more recently he had been reported to have expressed to the Duke of Newcastle a belief that civil conflict in America could easily be avoided, or quieted, by fomenting a quarrel with England and engaging in a war against her[197]. Earlier expressions might easily be overlooked as emanating from a politician never over-careful about wounding the sensibilities of foreign nations and peoples, for he had been even more outspoken against the France of Louis Napoleon, but the Newcastle conversation stuck in the British mind as indicative of a probable animus when the politician had become the statesman responsible for foreign policy. Seward might deny, as he did, that he had ever uttered the words alleged[198], and his friend Thurlow Weed might describe the words as "badinage," in a letter to the London Times[199], but the "Newcastle story" continued to be matter for frequent comment both in the Press and in private circles.

British Ministers, however, would have paid little attention to Seward's speeches intended for home political consumption, or to a careless bit of social talk, had there not been suspicion of other and more serious evidences of unfriendliness. Lyons was an unusually able and well-informed Minister, and from the first he had pictured the leadership of Seward in the new administration at Washington, and had himself been worried by his inability to understand what policy Seward was formulating. But, in fact, he did not see clearly what was going on in the camp of the Republican party now dominant in the North. The essential feature of the situation was that Seward, generally regarded as the man whose wisdom must guide the ill-trained Lincoln, and himself thinking this to be his destined function, early found his authority challenged by other leaders, and his policies not certain of acceptance by the President. It is necessary to review, briefly, the situation at Washington.

Lincoln was inaugurated as President on March 4. He had been elected as a Republican by a political party never before in power. Many of the leading members of this party were drawn from the older parties and had been in administrative positions in either State or National Governments, but there were no party traditions, save the lately created one of opposition to the expansion of slavery to the Territories. All was new, then, to the men now in power in the National Government, and a new and vital issue, that of secession already declared by seven Southern States, had to be met by a definite policy. The important immediate question was as to whether Lincoln had a policy, or, if not, upon whom he would depend to guide him.

In the newly-appointed Cabinet were two men who, in popular estimate, were expected to take the lead--Chase, of Ohio, the Secretary of the Treasury, and Seward, of New York, Secretary of State. Both were experienced in political matters and both stood high in the esteem of the anti-slavery element in the North, but Seward, all things considered, was regarded as the logical leading member of the Cabinet. He had been the favoured candidate for Republican Presidential nomination in 1860, making way for Lincoln only on the theory that the latter as less Radical on anti-slavery, could be more easily elected. Also, he now held that position which by American tradition was regarded as the highest in the Cabinet.

In fact, everyone at Washington regarded it as certain that Seward would determine the policy of the new administration. Seward's own attitude is well summed up in a despatch to his Government, February 18, 1861, by Rudolph Schleiden, Minister from the Republic of Bremen. He described a conversation with Seward in regard to his relations with Lincoln:

"Seward, however, consoled himself with the clever remark, that there is no great difference between an elected president of the United States and an hereditary monarch. The latter is called to the throne through the accident of birth, the former through the chances which make his election possible. The actual direction of public affairs belongs to the leader of the ruling party, here as well as in any hereditary principality.

"The future President is a self-made man and there is therefore as little doubt of his energy as of his proverbial honesty ('honest old Abe'). It is also acknowledged that he does not lack common sense. But his other qualities for the highest office are practically unknown. His election may therefore be readily compared with a lottery. It is possible that the United States has drawn the first prize, on the other hand the gain may only have been a small one. But unfortunately the possibility is not excluded that it may have been merely a blank."

The first paragraph of this quotation reports Seward's opinion; the second is apparently Schleiden's own estimate. Two weeks later Schleiden sent home a further analysis of Lincoln:

"He makes the impression of a natural man of clear and healthy mind, great good-naturedness and best intentions. He seems to be fully conscious of the great responsibility which rests upon him. But at the same time it appears as if he had lost some of his famous firmness and resoluteness through the novelty of the conditions which surround him and the hourly renewed attempts from various sides to gain influence over him. He is therefore at present inclined to concede double weight to the superior political experience of his Secretary of State[200]."

This was written on March 4, and the situation was correctly described. Seward led for the moment, but his supremacy was not unchallenged and soon a decision was called for that in its final solution was to completely overthrow his already matured policy towards the seceding States. Buchanan had been pressed by South Carolina to yield possession of federal property in that State and especially to withdraw Federal troops from Fort Sumter in Charleston Harbour. After some vacillation he had refused to do this, but had taken no steps to reinforce and re-supply the weak garrison under the command of Major Anderson. On March 5, Lincoln learned that Sumter would soon have to be yielded unless reinforcements were sent. There followed ten days of delay and indecision; then on March 15 Lincoln requested from each member of his Cabinet an opinion on what should be done. This brought to an issue the whole question of Seward's policy and leadership.

For Seward's policy, like that of Buchanan, was one of conciliatory delay, taking no steps to bring matters to an issue, and trusting to time and a sobering second thought to bring Southern leaders and people to a less violent attitude. He sincerely believed in the existence of an as yet unvoiced strong Union sentiment in the South, especially in those States which were wavering on secession. He was holding communications, through intermediaries, with certain Confederate "Commissioners" in Washington, and he had agents in Virginia attempting to influence that State against secession. To all these Southern representatives he now conveyed assurances quite without warrant from Lincoln, that Sumter would be evacuated, acting solely in the belief that his own "policy" would be approved by the President. His argument in reply to Lincoln's call for an opinion was positive against reinforcing Fort Sumter, and it seemed to meet, for the moment, with the approval of the majority of his Cabinet colleagues. Lincoln himself made no pertinent comment, yet did not commit himself.

There the matter rested for a time, for the Confederate Commissioners, regarding Seward's policy of delay as wholly beneficial to the maturing of Southern plans, and Seward "as their cat's-paw[201]," did not care to press for a decision. Moreover, Seward had given a personal pledge that in case it were, after all, determined to reinforce Sumter, notification of that determination would at once be given to South Carolina. The days went by, and it was not until the last week of March that Lincoln, disillusioned as to the feasibility of Seward's policy of conciliation, reached the conclusion that in his conception of his duty as President of the United States he must defend and retain Federal forts, or attempt to retain them, for the preservation of the Union, and decided to reinforce Fort Sumter. On March 29, the Cabinet assembled at noon and learned Lincoln's determination.

This was a sharp blow to Seward's prestige in the Cabinet; it also threatened his "peaceful" policy. Yet he did not as yet understand fully that either supreme leadership, or control of policy, had been assumed by Lincoln. On April 1 he drafted that astonishing document entitled, "Some Thoughts for the President's Consideration," which at once reveals his alarm and his supreme personal self-confidence. This document begins, "We are at the end of a month's administration, and yet without a policy either domestic or foreign." It then advocates as a domestic policy, "Change The Question Before The Public From One Upon Slavery, Or About Slavery, for a question upon Union or Disunion." Then in a second section, headed "For Foreign Nations," there followed:

"I would demand explanations from Spain and France, categorically, at once.

"I would seek explanations from Great Britain and Russia, and send agents into Canada, Mexico and Central America to rouse a vigorous continental spirit of independence on this continent against European intervention.

"And, if satisfactory explanations are not received from Spain and France.

"Would convene Congress and declare war against them.

"But whatever policy we adopt, there must be energetic prosecution of it.

"For this purpose it must be somebody's business to pursue and direct it incessantly.

"Either the President must do it himself, and be all the while active in it, or

"Devolve it on some member of his Cabinet. Once adopted, debates on it must end, and all agree and abide.

"It is not in my especial province;

"But I neither seek to evade nor assume responsibility[202]."

Lincoln's reply of the same day, April 1, was characteristically gentle, yet no less positive and definite to any save one obsessed with his own superior wisdom. Lincoln merely noted that Seward's "domestic policy" was exactly his own, except that he did not intend to abandon Fort Sumter. As to the warlike foreign policy Lincoln pointed out that this would be a sharp reversal of that already being prepared in circulars and instructions to Ministers abroad. This was, indeed, the case, for the first instructions, soon despatched, were drawn on lines of recalling to foreign powers their established and long-continued friendly relations with the United States. Finally, Lincoln stated as to the required "guiding hand," "I remark that if this must be done, I must do it.... I wish, and suppose I am entitled to have, the advice of all the Cabinet[203]."

This should have been clear indication of Lincoln's will to direct affairs, and even to Seward would have been sufficient had he not, momentarily, been so disturbed by the wreck of his pacific policy toward the South, and as yet so ignorant of the strength of Lincoln's quiet persistence. As it was, he yielded on the immediate issue, the relief of Sumter (though attempting to divert reinforcements to another quarter) but did not as yet wholly yield either his policy of conciliation and delay, nor give up immediately his insane scheme of saving the Union by plunging it into a foreign war. He was, in fact, still giving assurances to the Confederate commissioners, through indirect channels, that he could and would prevent the outbreak of civil war, and in this confidence that his ideas would finally control Lincoln he remained up to the second week in April. But on April 8 the first of the ships despatched to the aid of Sumter left New York, and on that day Governor Pickens of South Carolina was officially notified of the Northern purpose. This threw the burden of striking the first blow upon the South; if Southern threats were now made good, civil war seemed inevitable, and there could be no peaceful decision of the quarrel.

The reinforcements did not arrive in time. Fort Sumter, after a day and a half of dogged fighting, was surrendered to the enemy on April 13--for as an enemy in arms the South now stood. The fall of Sumter changed, as in a moment, the whole attitude of the Northern people. There was now a nearly unanimous cry for the preservation of the Union by force. Yet Seward still clung, privately, to his belief that even now the "sober second thought" of the South would offer a way out toward reunion without war. In official utterances and acts he was apparently in complete harmony with the popular will to reconquer the South. Davis' proclamation on marque and privateering, of April 17, was answered by the Lincoln blockade proclamation of April 19. But Virginia had not yet officially seceded, and until this occurred there seemed to Seward at least one last straw of conciliation available. In this situation Schleiden, Minister for Bremen, came to Seward on the morning of April 24 and offered his services as a mediator[204].

Schleiden's idea was that an armistice be agreed upon with the South until the Northern Congress should meet in July, thus giving a breathing spell and permitting saner second judgment to both sides. He had consulted with his Prussian colleague, who approved, and he found Seward favourable to the plan. Alexander H. Stephens, Vice-President of the Confederacy, was then at Richmond, and to him, as an old friend, Schleiden proposed to go and make the same appeal. Seward at once took Schleiden to see Lincoln. The three men, with Chase (and the Prussian Minister) were the only ones in the secret. Lincoln's first comment was that he was "willing to make an attempt of contributing to the prevention of bloodshed and regretted that Schleiden had not gone to Richmond without consulting him or Seward." Lincoln further stated that "he did not have in mind any aggression against the Southern States, but merely the safety of the Government in the Capitol and the possibility to govern everywhere," a concluding phrase that should have enlightened Schleiden as to Lincoln's determination to preserve the Union. Lincoln said he could neither authorize negotiations nor invite proposals, but that he would gladly consider any such proposals voluntarily made. Schleiden asked for a definite statement as to whether Lincoln would recall the blockade proclamation and sign an armistice if Davis would recall the letters of marque proclamation, but Lincoln refused to commit himself.

This was scant encouragement from the President, but Seward still thought something might result from the venture, and on that evening, April 24, Schleiden started for Richmond, being provided by Seward with a pass through the Union lines. He arrived on the afternoon of the twenty-fifth, but even before reaching the city was convinced that his mission would be a failure. All along his journey, at each little station, he saw excited crowds assembled enthusiastic for secession, bands of militia training, and every indication of preparation for war. Already, on that same day, the Virginia secession ordinance had been published, and the State convention had ratified the provisional constitution of the Southern Confederacy. Schleiden immediately notified Stephens of his presence in Richmond and desire for an interview, and was at once received. The talk lasted three hours. Stephens was frank and positive in asserting the belief that "all attempts to settle peacefully the differences between the two sections were futile." Formal letters were exchanged after this conference, but in these the extent to which Stephens would go was to promise to use his influence in favour of giving consideration to any indication made by the North of a desire "for an amicable adjustment of the questions at issue," and he was positive that there could be no return of the South to the Union.

On the afternoon of April 27 Schleiden was back in Washington. He found that three days had made a great change in the sentiment of the Capitol. "During my short absence," he wrote, "many thousands of volunteers had arrived from the North. There was not only a feeling of security noticeable, but even of combativeness." He found Seward not at all disposed to pursue the matter, and was not given an opportunity to talk to Lincoln; therefore, he merely submitted copies of the letters that had passed between him and Stephens, adding for himself that the South was arming because of Lincoln's proclamation calling for volunteers. Seward replied on April 29, stating his personal regards and that he had no fault to find with Schleiden's efforts, but concluding that Stephens' letters gave no ground for action since the "Union of these States is the supreme as it is the organic law of this country," and must be maintained.

This adventure to Richmond by the Minister of Bremen may be regarded as Seward's last struggle to carry out his long-pursued policy of conciliatory delay. He had not officially sent Schleiden to Richmond, but he had grasped eagerly at the opening and had encouraged and aided Schleiden in his journey. Now, by April 27, hope had vanished, and Seward's "domestic policy," as set forth in his "Thoughts for the President's Consideration" on April 1, was discredited, and inevitably, in some measure, their author also. The dates are important in appreciating Seward's purposes. On April 27, the day of Schleiden's return to Washington, there was sent to Adams that "sharp" despatch, taking issue with British action as foreshadowed by Dallas on April 9, and concluding by instructing Adams to lose no time in warning Russell that such action would be regarded by the United States as "injurious to its rights and derogating from its dignity[205]." It appears, therefore, that Seward, defeated on one line of "policy," eager to regain prestige, and still obsessed with the idea that some means could yet be found to avert domestic conflict, was, on April 27, beginning to pick at those threads which, to his excited thought, might yet save the Union through a foreign war. He was now seeking to force the acceptance of the second, and alternative, portion of his "Thoughts for the President."

Seward's theory of the cementing effect of a foreign war was no secret at Washington. As early as January 26 he had unfolded to Schleiden this fantastic plan. "If the Lord would only give the United States an excuse for a war with England, France, or Spain," he said "that would be the best means of re-establishing internal peace[206]." Again, on February 10, he conversed with Schleiden on the same topic, and complained that there was no foreign complication offering an excuse for a break. Lyons knew of this attitude, and by February 4 had sent Russell a warning, to which the latter had replied on February 20 that England could afford to be patient for a time but that too much "blustering demonstration" must not be indulged in. But the new administration, as Lincoln had remarked in his reply to Seward on April 1, had taken quite another line, addressing foreign powers in terms of high regard for established friendly relations. This was the tone of Seward's first instruction to Adams, April 10[207], in the concluding paragraph of which Seward wrote, "The United States are not indifferent to the circumstances of common descent, language, customs, sentiments, and religion, which recommend a closer sympathy between themselves and Great Britain than either might expect in its intercourse with any other nation." True, on this basis, Seward claimed a special sympathy from Great Britain for the United States, that is to say, the North, but most certainly the tone of this first instruction was one of established friendship.

Yet now, April 27, merely on learning from Dallas that Russell "refuses to pledge himself" on British policy, Seward resorts to threats. What other explanation is possible except that, seeking to save his domestic policy of conciliation and to regain his leadership, he now was adventuring toward the application of his "foreign war panacea" idea. Lyons quickly learned of the changed tone, and that England, especially, was to hear American complaint. On May 2 Lyons wrote to Russell in cypher characterizing Seward as "arrogant and reckless toward Foreign Powers[208]." Evidently Seward was making little concealment of his belligerent attitude, and when the news was received of the speeches in Parliament of the first week in May by which it became clear that Great Britain would declare neutrality and was planning joint action with France, he became much excited. On May 17 he wrote a letter home exhibiting, still, an extraordinary faith in his own wisdom and his own foreign policy.

"A country so largely relying on my poor efforts to save it had [has] refused me the full measure of its confidence, needful to that end. I am a chief reduced to a subordinate position, and surrounded by a guard, to see that I do not do too much for my country, lest some advantage may revert indirectly to my own fame.

"... They have misunderstood things fearfully, in Europe, Great Britain is in danger of sympathizing so much with the South, for the sake of peace and cotton, as to drive us to make war against her, as the ally of the traitors.... I am trying to get a bold remonstrance through the Cabinet before it is too late[209]."

The "bold remonstrance" was the famous "Despatch No. 10," of May 21, already commented upon in the preceding chapter. But as sent to Adams it varied in very important details from the draft submitted by Seward to Lincoln[210].

Seward's draft was not merely a "remonstrance"; it was a challenge. Its language implied that the United States desired war, and Seward's plan was to have Adams read the despatch to Russell, give him a copy of it, and then discontinue diplomatic relations so long as Russell held either official or unofficial intercourse with the Southern Commissioners. This last instruction was, indeed, retained in the final form of the despatch, but here, as elsewhere, Lincoln modified the stiff expressions of the original. Most important of all, he directed Adams to consider the whole despatch as for his own guidance, relying on his discretion. The despatch, as amended, began with the statement that the United States "neither means to menace Great Britain nor to wound the sensibilities of that or any other European nation.... The paper itself is not to be read or shown to the British Secretary of State, nor any of its positions to be prematurely, unnecessarily, or indiscreetly made known. But its spirit will be your guide[211]." Thus were the teeth skilfully drawn from the threat of war. Even the positive instructions, later in the despatch, as to the Southern Commissioners, need not have been acted upon by Adams had he not thought it wise to do so. But even with alterations, the American remonstrance was so bold as to alarm Adams. On first perusual he wrote in his diary, June 10, "The Government seems almost ready to declare war with all the powers of Europe, and almost instructs me to withdraw from communication with the Ministers here in a certain contingency.... I scarcely know how to understand Mr. Seward. The rest of the Government may be demented for all I know; but he surely is calm and wise. My duty here is in so far as I can do it honestly to prevent the irritation from coming to a downright quarrel. It seems to me like throwing the game into the hands of the enemy[212]."

Adams, a sincere admirer of Seward, was in error as to the source of American belligerent attitude. Fortunately, his judgment of what was wise at the moment coincided with that of Lincoln's--though of this he had no knowledge. In the event Adams' skilful handling of the situation resulted favourably--even to the cessation of intercourse between Russell and the Southern Commissioners. For his part, Lincoln, no more than earlier, was to be hurried into foreign complications, and Seward's "foreign war panacea" was stillborn.

The incident was a vital one in the Northern administration, for Seward at last realized that the President intended to control policy, and though it was yet long before he came to appreciate fully Lincoln's customary calm judgment, he did understand the relation now established between himself and his chief. Henceforth, he obeyed orders, though free in suggestion and criticism, always welcome to Lincoln. The latter, avowedly ignorant of diplomacy, gladly left details to Seward, and the altered despatch, far from making relations difficult, rendered them simple and easy, by clearing the atmosphere. But it was otherwise with Foreign Ministers at Washington, for even though there was soon a "leak" of gossip informing them of what had taken place in regard to Despatch No. 10, they one and all were fearful of a recovery of influence by Seward and of a resumption of belligerent policy. This was particularly true of Lord Lyons, for rumour had it that it was against England that Seward most directed his enmity. There resulted for British diplomats both at Washington and in London a deep-seated suspicion of Seward, long after he had made a complete face-about in policy. This suspicion influenced relations greatly in the earlier years of the Civil War.

On May 20, the day before Seward's No. 10 was dated, Lyons wrote a long twelve-page despatch to Russell, anxious, and very full of Seward's warlike projects. "The President is, of course, wholly ignorant of foreign countries, and of foreign affairs." "Seward, having lost strength by the failure of his peace policy, is seeking to recover influence by leading a foreign war party; no one in the Cabinet is strong enough to combat him." Britain, Lyons thought, should maintain a stiff attitude, prepare to defend Canada, and make close contacts with France. He was evidently anxious to impress upon Russell that Seward really might mean war, but he declared the chief danger to lie in the fact of American belief that England and France could not be driven into war with the United States, and that they would submit to any insult. Lyons urged some action, or declaration (he did not know what), to correct this false impression[213]. Again, on the next day, May 21, the information in his official despatch was repeated in a private letter to Russell, but Lyons here interprets Seward's threats as mere bluster. Yet he is not absolutely sure of this, and in any case insists that the best preventative of war with the United States is to show that England is ready for it[214].

It was an anxious time for the British Minister in Washington. May 22, he warned Sir Edmund Head, Governor of Canada, urging him to make defensive preparation[215]. The following day he dilated to Russell, privately, on "the difficulty of keeping Mr. Seward within the bounds of decency even in ordinary social intercourse[216] ..." and in an official communication of this same day he records Washington rumours of a belligerent despatch read by Seward before the Cabinet, of objections by other members, and that Seward's insistence has carried the day[217]. That Seward was, in fact, still smarting over his reverse is shown by a letter, written on this same May 23, to his intimate friend and political adviser, Thurlow Weed, who had evidently cautioned him against precipitate action. Seward wrote, "The European phase is bad. But your apprehension that I may be too decisive alarms me more. Will you consent, or advise us to consent, that Adams and Dayton have audiences and compliments in the Ministers' Audience Chamber, and Toombs' [Confederate Secretary of State] emissaries have access to his bedroom[218]?"

Two interpretations are possible from this: either that Seward knowing himself defeated was bitter in retrospect, or that he had not yet yielded his will to that of Lincoln, in spite of the changes made in his Despatch No. 10. The former interpretation seems the more likely, for though Seward continued to write for a time "vigorous" despatches to Adams, they none of them approached the vigour of even the amended despatch. Moreover, the exact facts of the Cabinet of May 21, and the complete reversal of Seward's policy were sufficiently known by May 24 to have reached the ears of Schleiden, who reported them in a letter to Bremen of that date[219]. And on the same day Seward himself told Schleiden that he did "not fear any longer that it would come to a break with England[220]." On May 27 Lyons himself, though still suspicious that an attempt was being made to separate France and England, was able to report a better tone from Seward[221].

British Ministers in London were not so alarmed as was Lyons, but they were disturbed, nevertheless, and long preserved a suspicion of the American Secretary of State. May 23, Palmerston wrote to Russell in comment on Lyons' despatch of May 2: "These communications are very unpleasant. It is not at all unlikely that either from foolish and uncalculating arrogance and self-sufficiency or from political calculation Mr. Seward may bring on a quarrel with us[222]." He believed that more troops ought to be sent to Canada, as a precautionary measure, but, he added, "the main Force for Defence must, of course, be local"--a situation necessarily a cause for anxiety by British Ministers. Russell was less perturbed. He had previously expressed appreciation of Adams' conduct, writing to Lyons: "Mr. Adams has made a very favourable impression on my mind as a calm and judicious man[223]," and he now wrote: "I do not think Mr. Seward's colleagues will encourage him in a game of brag with England.... I am sorry Seward turns out so reckless and ruthless. Adams seems a sensible man[224]." But at Washington Lyons was again hot on the trail of warlike rumours. As a result of a series of conversations with Northern politicians, not Cabinet members, he sent a cipher telegram to Russell on June 6, stating: "No new event has occurred but sudden declaration of war by the United States against Great Britain appears to me by no means impossible, especially so long as Canada seems open to invasion[225]." This was followed two days later by a despatch dilating upon the probability of war, and ending with Lyons' opinion of how it should be conducted. England should strike at once with the largest possible naval force and bring the war to an end before the United States could prepare. Otherwise, "the spirit, the energy, and the resources of this people" would make them difficult to overcome. England, on her part, must be prepared to suffer severely from American privateers, and she would be forced to help the South, at least to the extent of keeping Southern ports open. Finally, Lyons concluded, all of this letter and advice were extremely distasteful to him, yet he felt compelled to write it by the seriousness of the situation. Nevertheless, he would exert every effort and use every method to conciliate America[226].

In truth, it was not any further belligerent talk by Seward that had so renewed Lyons' anxiety. Rather it was the public and Press reception of the news of the Queen's Proclamation of Neutrality. The Northern people, counting beyond all reasonable expectation upon British sympathy on anti-slavery grounds, had been angrily disappointed, and were at the moment loudly voicing their vexation. Had Seward not already been turned from his foreign war policy he now would have received strong public support in it. But he made no effort to utilize public excitement to his own advantage in the Cabinet. In England, Adams was able to report on June 14 that Russell had no intention of holding further interviews with the Southern Commissioners[227], but before anyone in Washington could learn of this there was general knowledge of a changed tone from the Secretary of State, and Lyons' fears were considerably allayed. On June 15, occurred that interview between Seward, Lyons, and Mercier, in which Seward had positively refused to receive the Queen's Proclamation, but had throughout evinced the greatest courtesy and goodwill. Lyons so reported the conversation[228]. June 15 may, in fact, be taken as the date when Lyons ceased to be alarmed over an immediate war. Possibly he found it a little difficult to report so sudden a shift from stormy to fair weather. June 21, he wrote that the "lull" was still continuing[229]. June 24, he at last learned and described at length the details of Lincoln's alteration of Despatch No. 10[230]. He did not know the exact date but he expressed the opinion that "a month or three weeks ago" war was very near--a misjudgment, since it should be remembered that war seemed advisable to one man only--Seward; and that on this issue he had been definitely cast down from his self-assumed leadership into the ranks of Lincoln's lieutenants.

Lyons was, then, nearly a month behindhand in exact knowledge of American foreign policy toward England, and he was in error in thinking that an American attack on England was either imminent or intended. Nevertheless, he surely was excusable, considering Seward's prestige and Lincoln's lack of it, in reporting as he did. It was long, indeed, before he could escape from suspicion of Seward's purposes, though dropping, abruptly, further comment on the chances of war. A month later, on July 20, he wrote that Seward had himself asked for a confidential and unofficial interview, in order to make clear that there never had been any intention of stirring agitation against England. Personally, Seward took credit for avoiding trouble "by refusing to take official cognizance of the recognition [by England] of the belligerent rights of the South," and he asked Lyons to explain to Russell that previous strong language was intended merely to make foreign Powers understand the intensity of Northern feeling[231].

Lyons put no faith in all this but was happy to note the change, mistakenly attributing it to England's "stiff tone," and not at all to the veto of the President. Since Lyons himself had gone to the utmost bounds in seeking conciliation (so he had reported), and, in London, Russell also had taken no forward step since the issue of the Queen's Proclamation--indeed, had rather yielded somewhat to Adams' representations--it is not clear in what the "stiff tone" consisted.

Indeed, the cause of Seward's explanation to Lyons was the receipt of a despatch from Adams, dated June 28, in which the latter had reported that all was now smooth sailing. He had told Russell that the knowledge in Washington of the result of their previous interviews had brought satisfaction, and Russell, for his part, said that Lyons had "learned, through another member of the diplomatic corps, that no further expression of opinion on the subject in question would be necessary[232]." This referred, presumably, to the question of British intention, for the future, in relation to the Proclamation of Neutrality. Adams wrote: "This led to the most frank and pleasant conversation which I have yet had with his lordship.... I added that I believed the popular feeling in the United States would subside the moment that all the later action on this side was known.... My own reception has been all that I could desire. I attach value to this, however, only as it indicates the establishment of a policy that will keep us at peace during the continuance of the present convulsion." In reply to Adams' despatch, Seward wrote on July 21, the day after his interview with Lyons, arguing at great length the American view that the British Proclamation of Neutrality in a domestic quarrel was not defensible in international law. There was not now, nor later, any yielding on this point. But, for the present, this was intended for Adams' eye alone, and Seward prefaced his argument by a disclaimer, much as stated to Lyons, of any ill-will to Great Britain:

"I may add, also, for myself, that however otherwise I may at any time have been understood, it has been an earnest and profound solicitude to avert from foreign war; that alone has prompted the emphatic and sometimes, perhaps, impassioned remonstrances I have hitherto made against any form or measure of recognition of the insurgents by the government of Great Britain. I write in the same spirit now; and I invoke on the part of the British government, as I propose to exercise on my own, the calmness which all counsellors ought to practise in debates which involve the peace and happiness of mankind[233]."

Diplomatic correspondence couched in the form of platform oratory leads to the suspicion that the writer is thinking, primarily, of the ultimate publication of his despatches. Thus Seward seems to have been laying the ground for a denial that he had ever developed a foolish foreign war policy. History pins him to that folly. But in another respect the interview with Lyons on July 20 and the letter to Adams of the day following overthrow for both Seward and for the United States the accusations sometimes made that it was the Northern disaster at Bull Run, July 21, in the first pitched battle with the South, which made more temperate the Northern tone toward foreign powers[234]. It is true that the despatch to Adams was not actually sent until July 26, but internal evidence shows it to have been written on the 21st before there was any news from the battle-field, and the interview with Lyons on the 20th proves that the military set-back had no influence on Seward's friendly expressions. Moreover, these expressions officially made were but a delayed voicing of a determination of policy arrived at many weeks earlier. The chronology of events and despatches cited in this chapter will have shown that the refusal of Lincoln to follow Seward's leadership, and the consequent lessening of the latter's "high tone," preceded any news whatever from England, lightening the first impressions. The Administration at Washington did not on May 21, even know that England had issued a Proclamation of Neutrality; it knew merely of Russell's statement that one would have to be issued; and the friendly explanations of Russell to Adams were not received in Washington until the month following.

In itself, Seward's "foreign war panacea" policy does not deserve the place in history usually accorded it as a moment of extreme crisis in British-American relations. There was never any danger of war from it, for Lincoln nipped the policy in the bud. The public excitement in America over the Queen's Proclamation was, indeed, intense; but this did not alter the Governmental attitude. In England all that the public knew was this American irritation and clamour. The London press expressed itself a bit more cautiously, for the moment, merely defending the necessity of British neutrality[235]. But if regarded from the effect upon British Ministers the incident was one of great, possibly even vital, importance in the relations of the two countries. Lyons had been gravely anxious to the point of alarm. Russell, less acutely alarmed, was yet seriously disturbed. Both at Washington and in London the suspicion of Seward lasted throughout the earlier years of the war, and to British Ministers it seemed that at any moment he might recover leadership and revert to a dangerous mood. British attitude toward America was affected in two opposite ways; Britain was determined not to be bullied, and Russell himself sometimes went to the point of arrogance in answer to American complaints; this was an unfortunate result. But more fortunate, and also a result, was the British Government's determination to step warily in the American conflict and to give no just cause, unless on due consideration of policy, for a rupture of relations with the United States. Seward's folly in May of 1861, from every angle but a short-lived "brain-storm," served America well in the first years of her great crisis.

FOOTNOTES:

[Footnote 197: See ante, p. 80.]

[Footnote 198: Barnes, Life of Thurlow Weed, II, p. 378. Seward to Weed, December 27, 1861.]

[Footnote 199: Ibid., p. 355. Weed's letter was on the Trent affair, but he went out of his way to depict Seward as attempting a bit of humour with Newcastle.]

[Footnote 200: Schleiden, a native of Schleswig, was educated at the University of Berlin, and entered the Danish customs service. In the German revolution of 1848 he was a delegate from Schleswig-Holstein to the Frankfort Parliament. After the failure of that revolution he withdrew to Bremen and in 1853 was sent by that Republic to the United States as Minister. By 1860 he had become one of the best known and socially popular of the Washington diplomatic corps, holding intimate relations with leading Americans both North and South. His reports on events preceding and during the Civil War were examined in the archives of Bremen in 1910 by Dr. Ralph H. Lutz when preparing his doctor's thesis, "Die Beziehungen zwischen Deutschland und den Vereinigten Staaten während des Sezessionskrieges" (Heidelberg, 1911). My facts with regard to Schleiden are drawn in part from this thesis, in part from an article by him, "Rudolph Schleiden and the Visit to Richmond, April 25, 1861," printed in the Annual Report of the American Historical Association for 1915, pp. 207-216. Copies of some of Schleiden's despatches are on deposit in the Library of Congress among the papers of Carl Schurz. Through the courtesy of Mr. Frederic Bancroft, who organized the Schurz papers, I have been permitted to take copies of a few Schleiden dispatches relating to the visit to Richmond, an incident apparently unknown to history until Dr. Lutz called attention to it.]

[Footnote 201: This is Bancroft's expression. Seward, II, p. 118.]

[Footnote 202: Lincoln, Works, II, 29.]

[Footnote 203: Ibid., p. 30.]

[Footnote 204: For references to this whole matter of Schleiden's visit to Richmond see ante, p. 116, note 1.]

[Footnote 205: U.S. Messages and Documents, 1861-2, p. 82. This, and other despatches have been examined at length in the previous chapter in relation to the American protest on the Queen's Proclamation of Neutrality. In the present chapter they are merely noted again in their bearing on Seward's "foreign war policy."]

[Footnote 206: Quoted by Lutz, Am. Hist. Assn. Rep. 1915, p. 210.]

[Footnote 207: U.S. Messages and Documents, 1861-2, p. 80. This despatch was read by Seward on April 8 to W. H. Russell, correspondent of the Times, who commented that it contained some elements of danger to good relations, but it is difficult to see to what he could have had objection.--Russell, My Diary, I, p. 103. ]

[Footnote 208: Russell Papers.]

[Footnote 209: Bancroft, Seward, II, p. 169.]

[Footnote 210: Yet at this very time Seward was suggesting, May 14, to Prussia, Great Britain, France, Russia and Holland a joint naval demonstration with America against Japan because of anti-foreign demonstrations in that country. This has been interpreted as an attempt to tie European powers to the United States in such a way as to hamper any friendly inclination they may have entertained toward the Confederacy (Treat, Japan and the United States, 1853-1921, pp. 49-50. Also Dennet, "Seward's Far Eastern Policy," in Am. Hist. Rev., Vol. XXVIII, No. 1. Dennet, however, also regards Seward's overture as in harmony with his determined policy in the Far East.) Like Seward's overture, made a few days before, to Great Britain for a convention to guarantee the independence of San Domingo (F.O., Am., Vol. 763, No. 196, Lyons to Russell, May 12, 1861) the proposal on Japan seems to me to have been an erratic feeling-out of international attitude while in the process of developing a really serious policy--the plunging of America into a foreign war.]

[Footnote 211: U.S. Messages and Documents, 1861-2, p. 88. The exact facts of Lincoln's alteration of Despatch No. 10, though soon known in diplomatic circles, were not published until the appearance in 1890 of Nicolay and Hay's Lincoln, where the text of a portion of the original draft, with Lincoln's changes were printed (IV, p. 270). Gideon Welles, Secretary of the Navy in Lincoln's Cabinet, published a short book in 1874, Lincoln and Seward, in which the story was told, but without dates and so vaguely that no attention was directed to it. Apparently the matter was not brought before the Cabinet and the contents of the despatch were known only to Lincoln, Seward, and the Chairman of the Senate Committee on Foreign Relations, Sumner.]

[Footnote 212: C.F. Adams, "Seward and the Declaration of Paris," p. 21. Reprint from Mass. Hist. Soc. Proceedings, XLVI, pp. 23-81.]

[Footnote 213: F.O., Am., Vol. 764, No. 206. Confidential.]

[Footnote 214: Russell Papers. This letter has been printed, in part, in Newton, Lyons, I, 41.]

[Footnote 215: Lyons Papers.]

[Footnote 216: Ibid., Lyons to Russell, May 23, 1861.]

[Footnote 217: F.O., Am., Vol. 764, No. 209, Confidential, Lyons to Russell, May 23, 1861. A brief "extract" from this despatch was printed in the British Parliamentary Papers, 1862, Lords, Vol. XXV. "Correspondence on Civil War in the United States," No. 48. The "extract" in question consists of two short paragraphs only, printed, without any indication of important elisions, in each of the paragraphs. ]

[Footnote 218: Bancroft, Seward, II, p. 174. ]

[Footnote 219: Lutz, "Notes." The source of Schleiden's information is not given in his despatch. He was intimate with many persons closely in touch with events, especially with Sumner, Chairman of the Senate Committee on Foreign Relations, and with Blair, a member of the Cabinet.]

[Footnote 220: Ibid., Schleiden to Republic of Bremen, May 27, 1861.]

[Footnote 221: Bancroft, Seward, II, p. 179, sets the date as June 8 when Seward's instructions for England and France show that he had "recovered his balance." This is correct for the change in tone of despatches, but the acceptance of Lincoln's policy must have been immediate. C.F. Adams places the date for Seward's complete change of policy much later, describing his "war mania" as lasting until the Northern defeat of Bull Run, July 21. I think this an error, and evidence that it is such appears later in the present chapter. See Charles Francis Adams, "Seward and the Declaration of Paris," Mass. Hist. Soc. Proceedings, XLVI, pp. 23-81.]

[Footnote 222: Russell Papers.]

[Footnote 223: Lyons Papers, May 21, 1861.]

[Footnote 224: Ibid., Russell to Lyons, May 25, 1861.]

[Footnote 225: F.O., Am., Vol. 765, No. 253.]

[Footnote 226: Ibid., No. 263, Lyons to Russell, June 8, 1861.]

[Footnote 227: See ante, p. 106.]

[Footnote 228: See ante, p. 102. Bancroft, Seward, II, p. 181, using Seward's description to Adams (U.S. Messages and Documents, 1861-2, p. 106) of this interview expands upon the Secretary's skill in thus preventing a joint notification by England and France of their intention to act together. He rightly characterizes Seward's tactics as "diplomatic skill of the best quality." But in Lyons' report the emphasis is placed upon Seward's courtesy in argument, and Lyons felt that the knowledge of British-French joint action had been made sufficiently clear by his taking Mercier with him and by their common though unofficial representation to Seward.]

[Footnote 229: Russell Papers. To Russell.]

[Footnote 230: Ibid, To Russell. Lyons' source of information was not revealed.]

[Footnote 231: Ibid., To Russell.]

[Footnote 232: U.S. Messages and Documents, 1861-2, p. 110.]

[Footnote 233: Ibid., p. 118. To Adams.]

[Footnote 234: C.F. Adams, "Seward and the Declaration of Paris." p. 29, and so argued by the author throughout this monograph. I think this an error.]

[Footnote 235: The Spectator, friend of the North, argued, June 15, 1861, that the Queen's Proclamation was the next best thing for the North to a definite British alliance. Southern privateers could not now be obtained from England. And the United States was surely too proud to accept direct British aid.]

Spotted a typo or a problem in this chapter? Tell us

V. THE DECLARATION OF PARIS NEGOTIATION

If regarded merely from the view-point of strict chronology there accompanied Seward's "foreign war" policy a negotiation with Great Britain which was of importance as the first effort of the American Secretary of State to bring European nations to a definite support of the Northern cause. It was also the first negotiation undertaken by Adams in London, and as a man new to the diplomatic service he attached to it an unusual importance, even, seemingly, to the extent of permitting personal chagrin at the ultimate failure of the negotiation to distort his usually cool and fair judgment. The matter in question was the offer of the United States to accede by a convention to the Declaration of Paris of 1856, establishing certain international rules for the conduct of maritime warfare.

This negotiation has received scant attention in history. It failed to result in a treaty, therefore it has appeared to be negligible. Yet it was at the time of very great importance in affecting the attitude toward each other of Great Britain and the United States, and of the men who spoke for their respective countries. The bald facts of the negotiation appear with exactness in Moore's Digest of International Law[236], but without comment as to motives, and, more briefly, in Bernard's Neutrality of Great Britain during the American Civil War[237], at the conclusion of which the author writes, with sarcasm, "I refrain from any comment on this negotiation[238]." Nicolay and Hay's Lincoln, and Rhodes' United States, give the matter but passing and inadequate treatment. It was reviewed in some detail in the American argument before the Geneva court of arbitration in the case of the Alabama, but was there presented merely as a part of the general American complaint of British neutrality. In fact, but three historical students, so far as the present writer has been able to discover, have examined this negotiation in detail and presented their conclusions as to purposes and motives--so important to an understanding of British intentions at the moment when the flames of civil war were rapidly spreading in America.

These three, each with an established historical reputation, exhibit decided differences in interpretation of diplomatic incidents and documents. The first careful analysis was presented by Henry Adams, son of the American Minister in London during the Civil War, and then acting as his private secretary, in his Historical Essays, published in 1891; the second study is by Bancroft, in his Life of Seward, 1900; while the third is by Charles Francis Adams (also son of the American Minister), who, in his Life of his father, published 1900, gave a chapter to the subject and treated it on lines similar to those laid down by his brother Henry, but who, in 1912, came to the conclusion, through further study, that he had earlier been in error and developed a very different view in a monograph entitled, "Seward and the Declaration of Paris."

If these historiographic details seem unduly minute, partaking as they do of the nature of a foot-note, in a work otherwise general in treatment, the author's answer is that the personality of two of the writers mentioned and their intimate knowledge of the effect of the negotiation upon the mind of the American Minister in London are themselves important historical data; a further answer is the fact that the materials now available from the British Foreign Office archives throw much new light both on the course of the negotiation and on British purposes. It is here planned, therefore, first to review the main facts as previously known; second, to summarize the arguments and conclusions of the three historians; third, to re-examine the negotiation in the light of the new material; and, finally, to express an opinion on its conduct and conclusions as an evidence of British policy.

In 1854, during the Crimean War, Great Britain and France, the chief maritime belligerents engaged against Russia, voluntarily agreed to respect neutral commerce under either the neutral's or the enemy's flag. This was a distinct step forward in the practice of maritime warfare, the accepted international rules of which had not been formally altered since the Napoleonic period. The action of Great Britain was due in part, according to a later statement in Parliament by Palmerston, March 18, 1862, to a fear that unless a greater respect were paid than formerly to neutral rights, the Allies would quickly win the ill-will of the United States, then the most powerful maritime neutral, and would run the danger of forcing that country into belligerent alliance with Russia[239]. No doubt there were other reasons, also, for the barbarous rules and practices of maritime warfare in earlier times were by now regarded as semi-civilized by the writers of all nations. Certainly the action of the belligerents in 1854 met with general approval and in the result was written into international law at the Congress of Paris in 1856, where, at the conclusion of the war, the belligerents and some leading neutrals were gathered.

The Declaration of Paris on maritime warfare covered four points:

"1. Privateering is, and remains, abolished.

"2. The neutral flag covers enemy's goods, with the exception of contraband of war.

"3. Neutral goods, with the exception of contraband of war, are not liable to capture under enemy's flag.

"4. Blockades, in order to be binding, must be effective; that is to say, maintained by a force sufficient really to prevent access to the coast of the enemy[240]."

This agreement was adopted by Austria, France, Great Britain, Prussia, Russia, Sardinia and Turkey, and it was further agreed that a general invitation to accede should be extended to all nations, but with the proviso "that the powers which shall have signed it, or which shall accede thereto, shall not in future enter into any arrangement, concerning the application of the law of neutrals in time of war, which does not rest altogether upon the four principles embodied in the said declaration[241]." In other words it must be accepted in whole, and not in part, and the powers acceding pledging themselves not to enter into any subsequent treaties or engagements on maritime law which did not stipulate observance of all four points. Within a short time nearly all the maritime nations of the world had given official adherence to the Declaration of Paris.

But the United States refused to do so. She had long stood in the advance guard of nations demanding respect for neutral rights. Little by little her avowed principles of international law as regards neutrals, first scoffed at, had crept into acceptance in treaty stipulations. Secretary of State Marcy now declared, in July, 1856, that the United States would accede to the Declaration if a fifth article were added to it protecting all private property at sea, when not contraband. This covered not only cargo, but the vessel as well, and its effect would have been to exclude from belligerent operations non-contraband enemy's goods under the enemy's flag, if goods and ship were privately owned. Maritime warfare on the high seas would have been limited to battles between governmentally operated war-ships. Unless this rule were adopted also, Secretary Marcy declared that "the United States could not forgo the right to send out privateers, which in the past had proved her most effective maritime weapon in time of war, and which, since she had no large navy, were essential to her fighting power."

"War on private property," said the Americans, "had been abolished on land; why should it not be abolished also on the sea?" The American proposal met with general support among the smaller maritime nations. It was believed that the one great obstacle to the adoption of Marcy's amendment lay in the naval supremacy of Great Britain, and that obstacle proved insurmountable. Thus the United States refused to accede to the Declaration, and there the matter rested until 1861. But on April 17 Jefferson Davis proclaimed for the Southern Confederacy the issue of privateers against Northern commerce. On April 24 Seward instructed representatives abroad, recounting the Marcy proposal and expressing the hope that it still might meet with a favourable reception, but authorizing them to enter into conventions for American adherence to the Declaration of 1856 on the four points alone. This instruction was sent to the Ministers in Great Britain, France, Russia, Prussia, Austria, Belgium, Italy, and Denmark; and on May 10 to the Netherlands.

Having received this instruction, Adams, at the close of his first meeting with Russell on May 18, after having developed at length the American position relative to the issue of the British Proclamation of Neutrality, briefly added that he was directed to offer adherence by means of a convention, to the Declaration of Paris. Russell replied that Great Britain was willing to negotiate, but "seemed to desire to leave the subject in the hands of Lord Lyons, to whom he intimated that he had already transmitted authority[242]...." Adams therefore did not press the matter, waiting further information and instruction from Washington. Nearly two weeks earlier Russell had, in fact, approached the Government of France with a suggestion that the two leading maritime powers should propose to the American belligerents adherence to the second and third articles of the Declaration of Paris. France had agreed and the date of Russell's instruction to Lyons was May 18, the day of the interview with Adams. Confusion now arose in both London and Washington as to the place where the arrangement was to be concluded. The causes of this confusion will be considered later in this chapter; here it is sufficient to note that the negotiation was finally undertaken at London.

On July 18 Russell informed Adams that Great Britain was ready to enter into a convention with the United States, provided a similar convention was signed with France at the same time. This convention, as submitted by Adams, simply recorded an agreement by the two powers to abide by the four points of the Declaration of Paris, using the exact wording of that document[243]. Adams' draft had been communicated to Russell on July 13. There then followed a delay required by the necessity of securing similar action by Dayton, the American Minister at Paris, but on July 29 Adams reported to Russell that this had been done and that he was ready to sign. Two days later, July 31, Russell replied that he, also, was ready, but concluded his letter, "I need scarcely add that on the part of Great Britain the engagement will be prospective, and will not invalidate anything already done[244]." It was not until August 8, however, that Cowley, the British Ambassador to France, reported that Dayton had informed Thouvenel, French Foreign Minister, that he was ready to sign the similar convention with France[245]. With no understanding, apparently, of the causes of further delay, and professing complete ignorance of the meaning of Russell's phrase, just quoted[246], Adams waited the expected invitation to an official interview for the affixing of signatures. Since it was a condition of the negotiation that this should be done simultaneously in London and Paris, the further delay that now occurred caused him no misgivings.

On August 19 Russell requested Adams to name a convenient day "in the course of this week," and prefaced this request with the statement that he enclosed a copy of a Declaration which he proposed to make in writing, upon signing the convention. "You will observe," he wrote, "that it is intended to prevent any misconception as to the nature of the engagement to be taken by Her Majesty." The proposed Declaration read:

"In affixing his signature to the Convention of this day between Her Majesty the Queen of Great Britain and Ireland and the United States of America, the Earl Russell declares, by order of Her Majesty, that Her Majesty does not intend thereby to undertake any engagement which shall have any bearing, direct or indirect, on the internal differences now prevailing in the United States[247]."

Under his instructions to negotiate a convention for a pure and simple adherence to the Declaration of Paris, Adams could not now go on to official signature. Nor was he inclined to do so. Sincerely believing, as he stated to Russell in a communication of August 23, that the United States was "acting with the single purpose of aiding to establish a permanent doctrine for all time," and with the object of "ameliorating the horrors of warfare all over the globe," he objected "to accompany the act with a proceeding somewhat novel and anomalous," which on the face of it seemed to imply a suspicion on the part of Great Britain that the United States was "desirous at this time to take a part in the Declaration [of Paris], not from any high purpose or durable policy, but with the view of securing some small temporary object in the unhappy struggle which is going on at home[248]." He also pointed out that Russell's proposed declaration either was or was not a part of the convention. If it was a part then the Senate of the United States must ratify it as well as the convention itself, and he would have gone beyond his instructions in submitting it. If not a part of the convention there could be no advantage in making the Declaration since, unratified by the Senate, it would have no force. Adams therefore declined to proceed further with the matter until he had received new instructions from Washington.

To this Russell answered, August 28, with a very explicit exposition of his reasons. Great Britain, he said, had declared her neutrality in the American conflict, thereby recognizing the belligerent rights of the South. It followed that the South "might by the law of nations arm privateers," and that these "must be regarded as the armed vessels of a belligerent." But the United States had refused to recognize the status of belligerency, and could therefore maintain that privateers issued by the Southern States were in fact pirates, and might argue that a European Power signing a convention with the United States, embodying the principles of the Declaration of Paris, "would be bound to treat the privateers of the so-called Confederate States as pirates." Hence Russell pointed out, the two countries, arguing from contradictory premises as to the status of the conflict in America, might become involved in charges of bad faith and of violation of the convention. He had therefore merely intended by his suggested declaration to prevent any misconception by the United States.

"It is in this spirit that Her Majesty's Government decline to bind themselves, without a clear explanation on their part, to a Convention which, seemingly confined to an adoption of the Declaration of Paris of 1856, might be construed as an engagement to interfere in the unhappy dissensions now prevailing in the United States; an interference which would be contrary to Her Majesty's public declarations, and would be a reversal of the policy which Her Majesty has deliberately sanctioned[249]."

Thus the negotiation closed. Seward in declining to accept the proposed declaration gave varying reasons in his instructions to Adams, in London, and to Dayton, in Paris, for an exactly similar declaration had been insisted upon by France, but he did not argue the question save in generalities. He told Dayton that the supposed possible "intervention" which Great Britain and France seemed to fear they would be called upon to make was exactly the action which the United States desired to forestall, and he notified Adams that he could not consent since the proposed Declaration "would be virtually a new and distinct article incorporated into the projected convention[250]." The first formal negotiation of the United States during the Civil War, and of the new American Minister in London, had come to an inglorious conclusion. Diplomats and Foreign Secretaries were, quite naturally, disturbed, and were even suspicious of each others' motives, but the public, not at the moment informed save on the American offer and the result, paid little attention to these "inner circle" controversies[251].

What then were the hidden purposes, if such existed, of the negotiating powers. The first answer in historical writing was that offered by Henry Adams[252], in an essay entitled "The Declaration of Paris, 1861," in the preparation of which the author studied with care all the diplomatic correspondence available in print[253]. His treatment presents Russell as engaged in a policy of deception with the view of obtaining an ultimate advantage to Great Britain in the field of commercial rivalry and maritime supremacy. Following Henry Adams' argument Russell, on May 9, brought to the attention of France a proposal for a joint request on the American belligerents to respect the second and third articles of the Declaration of Paris, and received an acquiescent reply. After some further exchanges of proposed terms of instructions to the British and French Ministers at Washington, Russell, on May 18, sent a despatch to Lyons with instructions for his action. On this same day Russell, in his first interview with Adams, "before these despatches [to Lyons] could have left the Foreign Office," and replying to Adams' proposal to negotiate on the Declaration of Paris as a whole--that is to say, on all four articles--intimated that instructions had already gone to Lyons, with directions to assent to any modification of the article on privateering that the United States might desire. Adams understood Russell to prefer that the negotiation (for such Adams thought it was to be) should take place in Washington, and did not press the matter.

This was deliberate deceit; first in a statement of fact since the interview with Adams took place at noon on May 18, at Russell's country house nine miles from London, and in all reasonable supposition the despatch to Lyons would not have been sent until the Foreign Secretary's return to his office; second because Lyons was not instructed to negotiate on the Declaration. The interpretation is justified therefore that Russell "evaded the offer of the United States Government." The result of this evasion was delay, but when Seward learned from Lyons that he had no authority to negotiate a convention and Adams received renewed instructions to proceed, the latter "kept his temper, but the affair made a lasting impression on his mind, and shook his faith in the straightforwardness of the British Government." In renewing his overtures at London, Adams made explanations of the previous "misunderstanding" and to these Russell replied with further "inaccuracies" as to what had been said at the first interview.

Thus beginning his survey with an assertion of British deceit and evasion from the very outset, and incidentally remarking that Lyons, at Washington, "made little disguise of his leanings" toward the South, Henry Adams depicts Russell as leading France along a line of policy distinctly unfriendly to the North. Examining each point in the negotiation as already narrated, he summarized it as follows:

"The story has shown that Russell and his colleagues ... induced the French Government to violate the pledge in the protocol of the Declaration of Paris in order to offer to both belligerents a partial adhesion, which must exclude the United States from a simple adhesion, to the Declaration of Paris, while it placed both belligerents on the same apparent footing. These steps were taken in haste before Adams could obtain an interview. When Adams by an effort unexpected to Russell obtained an interview at Pembroke Lodge at noon of Saturday, May 18, and according to Russell's report of May 21, said that the United States were 'disposed to adhere to the Declaration of Paris,' Russell evaded the offer, saying that he had already sent sufficient instructions to Lyons, although the instructions were not sufficient, nor had they been sent. When this evasion was afterward brought to his notice by Adams, Russell, revising his report to Lyons, made such changes in it as should represent the first proposal as coming from himself, and the evasion to have come from Adams. When at last obliged to read the American offer, Russell declared that he had never heard of it before, although he had himself reported it to Lyons and Lyons had reported it to him. When compelled to take the offer for consideration, Russell, though always professing to welcome adhesion pure and simple, required the co-operation of Dayton. When Adams overcame this last obstacle, Russell interposed a written proviso, which as he knew from Lyons would prevent ratification. When Adams paid no attention to the proviso but insisted on signature of the treaty, Russell at last wrote a declaration in the nature of an insult, which could not be disregarded[254]."

In this presentation of the case to the jury certain minor points are insisted upon to establish a ground for suspicion--as the question of who first made the proposal--that are not essential to Henry Adams' conclusions. This conclusion is that "From the delays interposed by Russell, Adams must conclude that the British Cabinet was trying one device after another to evade the proposition; and finally, from the written declaration of August 19, he could draw no other inference than that Russell had resorted to the only defensive weapon left to him, in order to avoid the avowal of his true motives and policy[255]." The motive of this tortuous proceeding, the author believed to have been a deep-laid scheme to revive, after the American War was ended, the earlier international practice of Great Britain, in treating as subject to belligerent seizure enemy's goods under the neutral flag. It was the American stand, argues Henry Adams, that in 1854 had compelled Great Britain to renounce this practice. A complete American adherence, now, to the Declaration, would for ever tie Britain's hands, but if there were no such complete adherence and only temporary observation of the second article, after the war had resulted in the disruption of the United States, thus removing the chief supporter of that article, Great Britain would feel free to resume her old-time practice when she engaged in war. If Great Britain made a formal treaty with the United States she would feel bound to respect it; the Declaration of Paris as it stood constituted "a mere agreement, which was binding, as Lord Malmesbury declared, only so long as it was convenient to respect it[256]." Thus the second article of the Declaration of Paris, not the first on privateering, was in the eye of the British Cabinet in the negotiation of 1861. Henry Adams ends his essay: "After the manner in which Russell received the advances of President Lincoln, no American Minister in London could safely act on any other assumption than that the British Government meant, at the first convenient opportunity, to revive the belligerent pretensions dormant since the War of 1812[257]."

This analysis was published in 1891. Still more briefly summarized it depicts an unfriendly, almost hostile attitude on the part of Russell and Lyons, deceit and evasion by the former, selfish British policy, and throughout a blind following on by France, yielding to Russell's leadership. The American proposal is regarded merely as a simple and sincere offer to join in supporting an improved international practice in war-times. But when Frederic Bancroft, the biographer of Seward, examined the negotiation he was compelled to ask himself whether this was all, indeed, that the American Secretary of State had in view. Bancroft's analysis may be stated more briefly[258].

Seward's general instruction, Bancroft notes, bore date of April 24, nearly a month before any foreign Power had recognized Southern belligerent rights; it indicates "a plan by which he hoped to remove all excuse for such action." In despatches to Dayton, Seward asserted a twofold motive: "a sincere desire to co-operate with other progressive nations in the melioration of the rigours of maritime war," and "to remove every cause that any foreign Power could have for the recognition of the insurgents as a belligerent Power[259]." This last result was not so clear to Dayton at Paris, nor was the mechanism of operation ever openly stated by Seward. But he did write, later, that the proposal of accession to the Declaration of Paris was tendered "as the act of this Federal Government, to be obligatory equally upon disloyal as upon loyal citizens." "It did not," writes Bancroft, "require the gift of prophecy to tell what would result in case the offer of accession on the part of the United States should be accepted[260]."

Seward's object was to place the European nations in a position where they, as well as the United States, would be forced to regard Southern privateers as pirates, and treat them as such. This was a conceivable result of the negotiation before European recognition of Southern belligerency, but even after that recognition and after Dayton had pointed out the impossibility of such a result, Seward pressed for the treaty and instructed Dayton not to raise the question with France. He still had in mind this main object. "If Seward," says Bancroft, "had not intended to use the adherence of the United States to the declaration as a lever to force the other Powers to treat the Confederates as pirates, or at least to cease regarding them as belligerents, he might easily and unofficially have removed all such suspicions[261]." In an interview with Lyons on July 6 Seward urged a quick conclusion of the treaty, arguing that its effect upon the revolted states could be determined afterwards. Naturally Lyons was alarmed and gave warning to Russell. "Probably it was this advice that caused Russell to insist on the explanatory declaration[262]."

It would appear, then, that Seward much underestimated the acuteness of Russell and Thouvenel, and expected them "to walk into a trap." Nor could his claim "that there was no difference between a nation entirely at peace and one in circumstances like those of the United States at this time" be taken seriously. "He was furnishing his opponent with evidences of his lack of candour." This clouded the effect that would have followed "a wise and generous policy toward neutrals, which had doubtless been in Seward's mind from the beginning[263]." In the end he concluded the negotiation gracefully, writing to Adams a pledge of American respect for the second and third articles of the Declaration of Paris--exactly that which Lyons had originally been instructed by Russell to secure.

"We regard Great Britain as a friend. Her Majesty's flag, according to our traditional principles, covers enemy's goods not contraband of war. Goods of Her Majesty's subjects, not contraband of war, are exempt from confiscation, though found under a neutral or disloyal flag. No depredations shall be committed by our naval forces or by those of any of our citizens, so far as we can prevent it, upon the vessels or property of British subjects. Our blockade, being effective, must be respected[264]."

Thus Bancroft regards Seward's proposals of April 24 as in part the result of humanitarian motives and in part as having a concealed purpose of Northern advantage. This last he calls a "trap." And it is to be noted that in Seward's final pledge to Adams the phrase "those of any of our citizens" reserves, for the North, since the negotiation had failed, the right to issue privateers on her own account. But Russell also, says Bancroft, was not "altogether artless and frank." He had in view a British commercial advantage during the war, since if the United States respected the second and third articles of the Declaration of Paris, and "if Confederate privateers should roam the ocean and seize the ships and goods of citizens of the North, all the better for other commercial nations; for it would soon cause the commerce of the United States to be carried on under foreign flags, especially the British and French[265]." Ulterior motive is, therefore, ascribed to both parties in the negotiation, and that of Seward is treated as conceived at the moment when a policy of seeking European friendship was dominant at Washington, but with the hope of securing at least negative European support. Seward's persistence after European recognition of Southern belligerency is regarded as a characteristic obstinacy without a clear view of possible resulting dangerous complications.

This view discredits the acumen of the American Secretary of State and it does not completely satisfy the third historian to examine the incident in detail. Nor does he agree on the basis of British policy. Charles Francis Adams, in his "Life" of his father, writing in 1899, followed in the main the view of his brother, Henry Adams. But in 1912 he reviewed the negotiation at great length with different conclusions[266]. His thesis is that the Declaration of Paris negotiation was an essential part of Seward's "foreign war policy," in that in case a treaty was signed with Great Britain and France and then those Powers refused to aid in the suppression of Southern privateering, or at least permitted them access to British and French ports, a good ground of complaint leading to war would be established. This was the ultimate ulterior purpose in Seward's mind; the negotiation was but a method of fixing a quarrel on some foreign Power in case the United States should seek, as Seward desired, a cementing of the rift at home by a foreign war.

In the details of the negotiation C.F. Adams agrees with Bancroft, but with this new interpretation. The opening misunderstanding he ascribed, as did Lyons, to the simple fact that Seward "had refused to see the despatch" in which Russell's proposals were made[267]. Seward's instructions of July 6, after the misunderstanding was made clear to him, pushing the negotiation, were drawn when he was "still riding a very high horse--the No. 10 charger, in fact, he had mounted on the 21st of the previous May[268]," and this warlike charger he continued to ride until the sobering Northern defeat at Bull Run, July 21, put an end to his folly. If that battle had been a Northern victory he would have gone on with his project. Now, with the end of a period of brain-storm and the emergence of sanity in foreign policy, "Secretary Seward in due time (September 7) pronounced the proposed reservation [by Russell] quite 'inadmissible.' And here the curtain fell on this somewhat prolonged and not altogether creditable diplomatic farce[269]."

Incidentally C.F. Adams examined also British action and intention. Lyons is wholly exonerated. "Of him it may be fairly said that his course throughout seems to furnish no ground for criticism[270]." And Lyons is quoted as having understood, in the end, the real purpose of Seward's policy in seeking embroilment with Europe. He wrote to Russell on December 6 upon the American publication of despatches, accompanying the President's annual message: "Little doubt can remain, after reading the papers, that the accession was offered solely with the view to the effect it would have on the privateering operations of the Southern States; and that a refusal on the part of England and France, after having accepted the accession, to treat the Southern privateers as pirates, would have been made a serious grievance, if not a ground of quarrel[271]...." As to Russell, combating Henry Adams' view, it is asserted that it was the great good fortune of the United States that the British Foreign Secretary, having declared a policy of neutrality, was not to be driven from its honest application by irritations, nor seduced into a position where the continuation of that policy would be difficult.

Before entering upon an account of the bearing of the newly available British materials on the negotiation--materials which will in themselves offer sufficient comment on the theories of Henry Adams, and in less degree of Bancroft--it is best to note here the fallacy in C.F. Adams' main thesis. If the analysis given in the preceding chapter of the initiation and duration of Seward's "foreign war policy" is correct, then the Declaration of Paris negotiation had no essential relation whatever to that policy. The instructions to Adams were sent to eight other Ministers. Is it conceivable that Seward desired a war with the whole maritime world? The date, April 24, antedates any deliberate proposal of a foreign war, whatever he may have been brooding, and in fact stamps the offer as part of that friendly policy toward Europe which Lincoln had insisted upon. Seward's frenzy for a foreign war did not come to a head until the news had been received of England's determination to recognize Southern belligerency. This was in the second week of May and on the twenty-first Despatch No. 10 marked the decline, not the beginning, of a belligerent policy, and by the President's orders. By May 24 probably, by the twenty-seventh certainly, Seward had yielded and was rapidly beginning to turn to expressions of friendship[272]. Yet it was only on May 18 that Russell's first instructions to Lyons were sent, and not until late in June that the "misunderstanding" cleared away, instructions were despatched by Seward to push the Declaration of Paris negotiations at London and Paris. The battle of Bull Run had nothing to do with a new policy. Thus chronology forbids the inclusion of this negotiation, either in its inception, progress, or conclusion, as an agency intended to make possible, on just grounds, a foreign war.

A mere chronological examination of documents, both printed and in archives, permits a clearer view of British policy on the Declaration of Paris. Recalling the facts of the American situation known in London it will be remembered that on May 1 the British Government and Parliament became aware that a civil war was inevitable and that the South planned to issue privateers. On that day Russell asked the Admiralty to reinforce the British fleet in West Indian waters that British commerce might be adequately protected. Five days later, May 6, he announced in the Commons that Great Britain must be strictly neutral, and that a policy of close harmony with France was being matured; and on this day he proposed through Cowley, in Paris, that Great Britain and France each ask both the contending parties in America to abide by the second and third articles of the Declaration of Paris[273]. If there was ulterior motive here it does not appear in any despatch either then or later, passing between any of the British diplomats concerned--Russell, Cowley, and Lyons. The plain fact was that the United States was not an adherent to the Declaration, that the South had announced privateering, and the North a blockade, and that the only portions of the Declaration in regard to which the belligerents had as yet made no statement were the second and third articles.

It was, indeed, an anxious time for the British Government. On May 9 Forster asked in the Commons what would be the Government's attitude toward a British subject serving on a Southern privateer[274]. The next day in the Lords there occurred a debate the general burden of which was that privateering was in fact piracy, but that under the conditions of the American previous stand, it could not be treated as such[275]. Both in the Commons and the Lords speakers were referred to the forthcoming Proclamation of Neutrality, but the uncertainty developed in both debates is very probably reflected in the new despatch now sent to Cowley, on May 11[276]. By that despatch France was asked to send an instruction to Mercier in Washington similar to a draft instruction intended for Lyons, a copy of which was enclosed to Cowley, the object being to secure from the American belligerents adherence to all the articles, privateering included, of the Declaration of Paris[277].

Whatever Russell's purpose in thus altering his original suggestion, it met with a prompt check from France. On May 9 Thouvenel had agreed heartily to the proposal of May 6, adding the practical advice that the best method of approach to the Confederacy would be through the consuls in the South[278]. Now, on May 13, Russell was informed that Thouvenel feared that England and France would get into serious trouble if the North agreed to accede on privateering and the South did not. Cowley reported that he had argued with Thouvenel that privateers were pirates and ought to be treated as such, but that Thouvenel refused to do more than instruct Mercier on the second and third articles[279]. For the moment Russell appears to have yielded easily to this French advice. On May 13 he had that interview with the Southern commissioners in which he mentioned a communication about to be made to the South[280]; and on May 15 the London Times, presumably reflecting governmental decision, in commenting on the Proclamation of Neutrality, developed at some length the idea that British citizens, if they served on Southern privateers, could claim no protection from Great Britain if the North chose to treat them as pirates. May 16, Cowley reported that Thouvenel had written Mercier in the terms of Russell's draft to Lyons of the eleventh, but omitting the part about privateering[281], and on this same day Russell sent to Cowley a copy of a new draft of instructions to Lyons, seemingly in exact accord with the French idea[282]. On the seventeenth, Cowley reported this as highly satisfactory to Thouvenel[283]. Finally on May 18 the completed instruction was despatched.

It was on this same day, May 18, that Adams had his first interview with Russell. All that had been planned by Great Britain and France had been based on their estimate of the necessity of the situation. They had no knowledge of Seward's instructions of April 24. When therefore Adams, toward the conclusion of his interview, stated his authority to negotiate a convention, he undoubtedly took Russell by surprise. So far as he was concerned a suggestion to the North, the result of an agreement made with France after some discussion and delay, was in fact completed, and the draft finally drawn two days before, on the sixteenth. Even if not actually sent, as Henry Adams thinks, it was a completed agreement. Russell might well speak of it as an instruction already given to Lyons. Moreover there were two points in Adams' conversation of the eighteenth likely to give Russell cause for thought. The first was Adams' protest against the British recognition of a status of belligerency. If the North felt so earnestly about this, had it been wise to instruct Lyons to make an approach to the South? This required consideration. And in the second place did not Adams' offer again open up the prospect of somehow getting from the North at least a formal and permanent renunciation of privateering?

For if an examination is made of Russell's instruction to Lyons of May 18 it appears that he had not, after all, dropped that reference to privateering which Thouvenel had omitted in his own instructions to Mercier. Adams understood Russell to have said that he "had already transmitted authority [to Lyons] to assent to any modification of the only point in issue which the Government of the United States might prefer. On that matter he believed that there would be no difficulty whatever[284]." This clearly referred to privateering. Russell's instructions to Lyons took up the points of the Declaration of Paris in reverse order. That on blockades was now generally accepted by all nations. The principle of the third article had "long been recognized as law, both in Great Britain and in the United States." The second article, "sanctioned by the United States in the earliest period of the history of their independence," had been opposed, formerly, by Great Britain, but having acquiesced in the Declaration of 1856, "she means to adhere to the principle she then adopted." Thus briefly stating his confidence that the United States would agree on three of the articles, Russell explained at length his views as to privateering in the American crisis.

"There remains only to be considered Article I, namely, that relating to privateering, from which the Government of the United States withheld their assent. Under these circumstances it is expedient to consider what is required on this subject by the general law of nations. Now it must be borne in mind that privateers bearing the flag of one or other of the belligerents may be manned by lawless and abandoned men, who may commit, for the sake of plunder, the most destructive and sanguinary outrages. There can be no question, however, but that the commander and crew of a ship bearing a letter of marque must, by the law of nations, carry on their hostilities according to the established laws of war. Her Majesty's Government must, therefore, hold any Government issuing such letters of marque responsible for, and liable to make good, any losses sustained by Her Majesty's subjects in consequence of wrongful proceedings of vessels sailing under such letters of marque.

"In this way, the object of the Declaration of Paris may to a certain extent be attained without the adoption of any new principle.

"You will urge these points upon Mr. Seward[285]."

What did Russell mean by this cautious statement? The facts known to him were that Davis had proclaimed the issue of letters of marque and that Lincoln had countered by proclaiming Southern privateering to be piracy[286]. He did not know that Seward was prepared to renounce privateering, but he must have thought it likely from Lincoln's proclamation, and have regarded this as a good time to strike for an object desired by all the European maritime nations since 1856. Russell could not, while Great Britain was neutral, join the United States in treating Southern privateers as pirates, but he here offered to come as close to it as he dared, by asserting that Great Britain would use vigilance in upholding the law of nations. This language might be interpreted as intended for the admonition of the North also, but the facts of the then known situation make it applicable to Southern activities alone. Russell had desired to include privateering in the proposals to the United States and to the South, but Thouvenel's criticisms forced him to a half-measure of suggestion to the North, and a full statement of the delicacy of the situation in the less formal letter to Lyons accompanying his official instructions. This was also dated May 18. In it Russell directed Lyons to transmit to the British Consul at Charleston or New Orleans a copy of the official instruction "to be communicated at Montgomery to the President of the so-styled Confederate States," and he further explained his purpose and the British position:

"... You will not err in encouraging the Government to which you are accredited to carry into effect any disposition which they may evince to recognize the Declaration of Paris in regard to privateering....

"You will clearly understand that Her Majesty's Government cannot accept the renunciation of privateering on the part of the Government of the United States if coupled with the condition that they should enforce its renunciation on the Confederate States, either by denying their right to issue letters of marque, or by interfering with the belligerent operations of vessels holding from them such letters of marque, so long as they carry on hostilities according to the recognized principles and under the admitted liabilities of the law of nations[287]."

Certainly this was clear enough and was demanded by the British policy of neutrality. Russell had guarded against the complication feared by Thouvenel, but he still hoped by a half-pledge to the North and a half-threat to the South to secure from both belligerents a renunciation of privateering. In short he was not yet fully convinced of the wisdom of the French limitation. Moreover he believed that Thouvenel might yet be won to his own opinion, for in an unprinted portion of this same private letter to Lyons of May 18 Russell wrote:

"I have further to state to you, with reference to my despatch of this day that H.M. Govt. were in the first instance inclined to propose to both of the contending parties to adopt the first clause of the Declaration of Paris, by which privateering is renounced. But after communication with the French Govt. it appeared best to limit our propositions in the manner explained in my despatch.

"I understand however from Lord Cowley that, although M. Mercier is not absolutely instructed to advert to the abolition of privateering, yet that some latitude of action is left to him on that point should he deem it advisable to exercise it[288]."

Lyons and Mercier saw more clearly than did Russell what was in Seward's mind. Lyons had been instructed in the despatch just cited to use his own discretion as to joint action with the French Minister so long only as the two countries took the same stand. He was to pursue whatever method seemed most "conciliatory." His first private comment on receiving Russell's instruction was, "Mr. Seward will be furious when he finds that his adherence to the Declaration of Paris will not stop the Southern privateering[289]," and in an official confidential despatch of the same day, June 4, he gave Russell clear warning of what Seward expected from his overture through Adams[290]. So delicate did the matter appear to Lyons and Mercier that they agreed to keep quiet for a time at least about their instructions, hoping to be relieved by the transfer of the whole matter to London and Paris[291]. But in London Russell was at this moment taking up again his favoured purpose. On June 6 he wrote to Grey (temporarily replacing Cowley at Paris) that he understood a communication had been made in Paris, as in London, for an American adherence to the Declaration of Paris; "... it may open the way to the abolition of Privateering all over the world. But ... we ought not to use any menace to the Confederate States with a view of obtaining this desirable object[292]." Evidently, in his opinion, the South would not dare to hold out and no "menace" would be required[293]. Six days later, however, having learned from the French Ambassador that Dayton in Paris had made clear to Thouvenel the expectation of the United States that France would treat Southern privateers as pirates, Russell wrote that England, of course, could not agree to any such conclusion[294]. Nevertheless this did not mean that Russell yet saw any real objection to concluding a convention with the United States. Apparently he could not believe that so obvious an inconsistency with the declared neutrality of Great Britain was expected to be obtained by the American Secretary of State.

Others were more suspicious. Lyons reported on June 13 that Seward had specifically informed Mercier of his belief that a convention signed would bind England and France to aid in suppressing Southern privateering[295]. The effect of this on Lyons and Mercier was to impress upon them the advisability of an official notification to Seward, of English and French neutrality--a step not yet taken and which was still postponed, awaiting further instructions[296]. On June 15 the two Ministers finally concluded they could no longer delay and made that joint visit to Seward which resulted in his refusal to receive them as acting together, or to receive officially their instructions, though he read these for his private information. The remainder of June was spent by Lyons in attempting to put matters on a more formal basis, yet not pushing them unduly for fear of arousing Seward's anger. June 17, Lyons told Seward, privately, and alone, that Great Britain must have some intercourse with the South if only for the protection of British interests. Seward's reply was that the United States might "shut its eyes" to this, but that if notified of what England and France were doing, the United States would be compelled to make protest. Lyons thereupon urged Seward to distinguish between his official and personal knowledge, but Lyons and Mercier again postponed beginning the negotiation with the Confederacy[297]. Yet while thus reporting this postponement in one letter, Lyons, in another letter of the same date, indicated that the two Ministers thought that they had found a solution of the problem of how to approach, yet not negotiate with, the Confederacy. The idea was Mercier's. Their consuls in the South were to be instructed to go, not to the Southern President, but to the Governor of the State selected, thus avoiding any overture to the Confederate Government[298]. Even with this solution possible they still hesitated, feeling as Lyons wrote "a little pusillanimous," but believing they had prevented an explosion[299]. Moreover Lyons was a bit uneasy because of an important difference, so it seemed to him, in his formal instructions and those of Mercier. The latter had no orders, as had Lyons, to notify Seward, if the agreement on maritime law was made in Washington, that such agreement would not affect the belligerent right of the South to issue privateers[300]. Apparently Mercier had been given no instructions to make this clear--let alone any "latitude" to deal with privateering--although, as a matter of fact, he had already given Seward his personal opinion in accord with Lyons' instructions; but this was not an official French stand. Lyons was therefore greatly relieved, the "misunderstanding" now cleared away, that new instructions were being sent to Adams to go on with the convention in London. His only subsequent comment of moment was sent to Russell on July 8, when he learned from Seward that Dayton, in Paris, had been directed to raise no further question as to what would or would not be demanded of France in case a convention were signed for an American adherence to the Declaration of Paris. Lyons now repeated his former advice that under no circumstances should a convention be signed without a distinct declaration of no British responsibility or duty as regards Southern privateers[301].

The entire matter was now transferred to London and Paris. Lyons' report of the misunderstanding and that new instructions were being sent to Adams was received on June 30. Russell replied to Lyons on July 5 that Adams had "never made any proposition" on the Declaration of Paris, and that he would now await one[302]. July 11, Adams made his formal offer to sign a convention and communicated a draft of it on the thirteenth. On the day intervening, the twelfth, Russell took a very important step indicative of his sincerity throughout, of his lack of any ulterior motive, and of his anxiety to carry through the negotiation with no resulting irritations or complications with the United States. He recalled his instructions to Lyons about communicating with the Confederacy, stating that in any case he had never intended that Lyons should act without first officially notifying Seward. This recall was now made, he wrote, because to go on might "create fresh irritation without any adequate result," but if in the meantime Lyons had already started negotiations with the South he might "proceed in them to the end[303]."

Having taken this step in the hope that it might avert friction with the United States, Russell, now distinctly eager to secure American adherence to the Declaration in full, was ready to conclude the convention at once. The warnings received from many sources did not dismay him. He probably thought that no actual difficulties would ensue, believing that the South would not venture to continue privateering. Even if France were disinclined to make a convention he appears to have been ready for signature by Great Britain alone, for on July 15 he telegraphed Cowley, "I conclude there can be no objection to my signing a Convention with the U.S. Minister giving the adherence of the U.S. to the Declaration of Paris so far as concerns Gt. Britain. Answer immediately by telegraph[304]." Cowley replied on the sixteenth that Thouvenel could not object, but thought it a wrong move[305]. Cowley in a private letter of the same day thought that unless there were "very cogent reasons for signing a Convention at once with Adams," it would be better to wait until France could be brought in, and he expressed again his fear of the danger involved in Adams' proposal[306]. The same objection was promptly made by Palmerston when shown the draft of a reply to Adams. Palmerston suggested the insertion of a statement that while ready to sign a convention Great Britain would do so only at the same time with France[307]. Thus advised Russell telegraphed in the late afternoon of the sixteenth to Cowley that he would "wait for your despatches to-morrow," and that no reply had yet been given Adams[308], and on the seventeenth he wrote enclosing a draft, approved by Palmerston and the Queen, stating that Great Britain had no desire to act alone if Dayton really had instructions identical with those of Adams. He added that if thought desirable Adams and Dayton might be informed verbally, that the proposed Convention would in no way alter the Proclamation of Neutrality[309].

The remaining steps in the negotiation have already been narrated[310]. Russell informed Adams of the requirement of a similar French convention, Adams secured action by Dayton, and in spite of continued French reluctance and suspicion[311] all was ready in mid-August for the affixing of signatures, when Russell, in execution of his previous promise, and evidently now impressed with the need of an explicit understanding, gave notice of his intended declaration in writing to be attached to the convention[312]. On August 20 both Adams and Dayton refused to sign, the former taking the ground, and with evident sincerity, that the "exception" gave evidence of a British suspicion that was insulting to his country, while Dayton had "hardly concealed" from Thouvenel that this same "exception" was the very object of the Convention[313]. While preparing his rejoinder to Adams' complaint Russell wrote in a note to Palmerston "it all looks as if a trap had been prepared[314]." He, too, at last, was forced to a conclusion long since reached by every other diplomat, save Adams, engaged in this negotiation.

But in reviewing the details of the entire affair it would appear that in its initiation by Seward there is no proof that he then thought of any definite "trap". April 24 antedated any knowledge by Seward of British or French policy on neutrality, and he was engaged in attempting to secure a friendly attitude by foreign Powers. One means of doing this was by giving assurances on maritime law in time of war. True he probably foresaw an advantage through expected aid in repressing privateering, but primarily he hoped to persuade the maritime Powers not to recognize Southern belligerency. It was in fact this question of belligerency that determined all his policy throughout the first six months of the American conflict. He was obstinately determined to maintain that no such status existed, and throughout the whole war he returned again and again to pressure on foreign Powers to recall their proclamations of neutrality. Refusing to recognize foreign neutrality as final Seward persisted in this negotiation in the hope that if completed it would place Great Britain and France in a position where they would be forced to reconsider their declared policy. A demand upon them to aid in suppressing privateering might indeed then be used as an argument, but the object was not privateering in itself; that object was the recall of the recognition of Southern belligerency. In the end he simply could not agree to the limiting declaration for it would have constituted an acknowledgment by the United States itself of the existence of a state of war.

In all of this Adams, seemingly, had no share. He acted on the simple and straightforward theory that the United States, pursuing a conciliatory policy, was now offering to adhere to international rules advocated by all the maritime powers. As a result he felt both personally and patriotically aggrieved that suspicion was directed toward the American overtures[315]. For him the failure of the negotiation had temporarily, at least, an unfortunate result: "So far as the assumed friendliness of Earl Russell to the United States was concerned, the scales had fallen from his eyes. His faith in the straightforwardness of any portion of the Palmerston-Russell Ministry was gone[316]."

And for Russell also the affair spelled a certain disillusionment, not, it is true, in the good faith of Adams, for whom he still preserved a high regard. Russell felt that his policy of a straightforward British neutrality, his quick acquiescence in the blockade, even before actually effective, his early order closing British ports to prizes of Confederate privateers[317], were all evidences of at least a friendly attitude toward the North. He may, as did nearly every Englishman at the moment, think the re-union of America impossible, but he had begun with the plan of strict neutrality, and certainly with no thought of offensive action against the North. His first thought in the Declaration of Paris negotiation was to persuade both belligerents to acquiesce in a portion of the rules of that Declaration, but almost at once he saw the larger advantage to the world of a complete adherence by the United States. This became Russell's fixed idea in which he persisted against warnings and obstacles. Because of this he attempted to recall the instruction to approach the South, was ready even, until prohibited by Palmerston, to depart from a policy of close joint action with France, and in the end was forced by that prohibition to make a limiting declaration guarding British neutrality. In it all there is no evidence of any hidden motive nor of any other than a straightforward, even if obstinately blind, procedure. The effect on Russell, at last grudgingly admitting that there had been a "trap," was as unfortunate for good understanding as in the case of Adams. He also was irritated, suspicious, and soon less convinced that a policy of strict neutrality could long be maintained[318].

FOOTNOTES:

[Footnote 236: VII., pp. 568-583.]

[Footnote 237: Ch. 8.]

[Footnote 238: Ibid., p. 181.]

[Footnote 239: Henry Adams, Historical Essays, p. 275.]

[Footnote 240: Text as given in Moore, Digest, VII, p. 562.]

[Footnote 241: Ibid., p. 563.]

[Footnote 242: U.S. Messages and Documents, 1861-2, p. 94. Adams to Seward, May 21, 1861.]

[Footnote 243: Text given in Parliamentary Papers, 1862, Lords, Vol XXV. "Correspondence respecting International Maritime Law." No. 18.]

[Footnote 244: Ibid., No. 25.]

[Footnote 245: Ibid., No. 26.]

[Footnote 246: U.S. Messages and Documents, 1861-2, p. 124. Adams to Seward, Aug. 2, 1861.]

[Footnote 247: Parliamentary Papers, 1862, Lords, Vol. XXV, "Correspondence respecting International Maritime Law." No. 28.]

[Footnote 248: Ibid., No. 31.]

[Footnote 249: Ibid., No. 32.]

[Footnote 250: Moore, Digest. VII, pp. 578 and 581.]

[Footnote 251: The point of Russell's Declaration was made very early in the London press. Thus the Saturday Review. June 8, 1861, commenting on the report that America was ready to adhere to the Declaration of Paris, stated that this could have no effect on the present war but would be welcomed for its application after this war was over.]

[Footnote 252: In the general American argument before the Geneva Arbitration Court it was stated that the practical effect of British diplomacy in this connection was that "Great Britain was thus to gain the benefit to its neutral commerce of the recognition of the second and third articles, the rebel privateers and cruisers were to be protected and their devastation legalized, while the United States were to be deprived of a dangerous weapon of assault upon Great Britain." Cited in Nicolay and Hay, Lincoln, IV, p. 280.]

[Footnote 253: Henry Adams, Historical Essays, pp. 237-279.]

[Footnote 254: Ibid., p. 271.]

[Footnote 255: Ibid., p. 273.]

[Footnote 256: Ibid., p. 277.]

[Footnote 257: This same view was maintained, though without stating details, by Henry Adams, as late as 1907. See his "Education of Henry Adams," Private Edition, p. 128.]

[Footnote 258: Bancroft, Seward, II, Ch. 31.]

[Footnote 259: Cited by Bancroft, Seward, II, p. 189.]

[Footnote 260: Ibid.]

[Footnote 261: Ibid., p. 193.]

[Footnote 262: Ibid.]

[Footnote 263: Ibid.]

[Footnote 264: U.S. Messages and Documents, 1861-2, p. 1431 Seward to Adams, Sept. 7, 1861.]

[Footnote 265: Bancroft, Seward, II, p. 196. This speculation is not supported by any reference to documents revealing such a purpose. While it may seem a reasonable speculation it does not appear to be borne out by the new British materials cited later in this chapter.]

[Footnote 266: C.F. Adams, "Seward and The Declaration of Paris" Mass. Hist. Soc. Proceedings, XLVI, pp. 23-81.]

[Footnote 267: Ibid., p. 57. The quotation is from a despatch by Lyons of Dec. 6, 1861; but this is inexact language. It is true that Seward had refused to receive officially this despatch, but he had read and considered it in private. Hence he knew privately the facts of Russell's proposal and that Lyons had no instructions to negotiate. The incident of this despatch has been treated by me in Chapter IV, where I regard Seward's refusal to receive officially the despatch as primarily a refusal to be notified of Great Britain's proclamation of neutrality. Bancroft treats this incident as primarily a clever refusal by Seward to be approached officially by Lyons and Mercier in a joint representation, thus blocking a plan of joint action. (Bancroft, Seward, II, p. 181.) I agree with C.F. Adams that the only effect of this, so far as the negotiation is concerned was that "Seward, by what has always, for some reason not at once apparent, passed for a very astute proceeding, caused a transfer of the whole negotiation from Washington to London and Paris." ("Seward and the Declaration of Paris," p. 50.)]

[Footnote 268: Ibid., p. 51.]

[Footnote 269: Ibid., p. 64.]

[Footnote 270: Ibid., p. 60.]

[Footnote 271: Ibid., p. 58.]

[Footnote 272: Bancroft says June 8. But see ante, p. 130.]

[Footnote 273: Parliamentary Papers, 1862, Lords, Vol. XXV. "Correspondence respecting International Maritime Law." No. 1. It was with reference to this that Palmerston, on May 5, wrote to Russell: "If any step were thought advisable, perhaps the best mode of our feeling our way would be to communicate confidentially with the South by the men who have come over here from thence, and with the North by Dallas, who is about to return in a few days. Dallas, it is true, is not a political friend of Lincoln, but on the contrary rather leans to the South; but still he might be an organ, if it should be deemed prudent to take any step." (Palmerston MS.)]

[Footnote 274: Hansard, 3rd. Ser., Vol. CLXII, p. 1763.]

[Footnote 275: Ibid., pp. 1830-34.]

[Footnote 276: This instruction never got into the printed Parliamentary papers, nor did any others of the many containing the like suggestion, for they would have revealed a persistence by Russell against French advice--to which he ultimately was forced to yield--a persistence in seeking to bind the belligerents on the first article of the Declaration of Paris, as well as on articles two and three. The points at which Russell returned to this idea are indicated in this chapter.]

[Footnote 277: F.O., France, Vol. 1376. No. 563. Draft.]

[Footnote 278: F.O., France, Vol. 1390. No. 684. Cowley to Russell, May 9, 1861.]

[Footnote 279: F.O., France, Vol. 1391. No. 713. Cowley to Russell, May 13, 1861.]

[Footnote 280: Richardson, Messages and Papers of the Confederacy, II, p. 40.]

[Footnote 281: F.O., France, Vol. 1391. No. 733.]

[Footnote 282: Parliamentary Papers, 1862, Lords, Vol. XXV. "Correspondence respecting International Maritime Law." No. 5.]

[Footnote 283: Ibid., No. 6. Note that this and the preceding document are all that appeared in the Parliamentary Papers. Thouvenel's amendment of Russell's plan did not appear.]

[Footnote 284: U.S. Messages and Documents, 1861-2, Adams to Seward, May 21, 1861.]

[Footnote 285: Parliamentary Papers, 1862, Lords, Vol. XXV. "Correspondence respecting International Maritime Law." No. 7.]

[Footnote 286: The text of these proclamations, transmitted by Lyons, had been officially received in London on May 10.]

[Footnote 287: Parliamentary Papers, 1862, Lords, Vol. XXV. "Correspondence respecting International Maritime Law." No. 8.]

[Footnote 288: F.O., Am., Vol. 755. No. 139. "Seen by Ld. P. and the Queen."]

[Footnote 289: Russell Papers. Lyons to Russell, June 4, 1861. (Printed in Newton, Lyons, I, 42.)]

[Footnote 290: Parliamentary Papers, 1862, Lords, Vol. XXV. "Correspondence respecting International Maritime Law." No. 12. Marked "Received," June 17.]

[Footnote 291: F.O., Am., Vol. 765. No. 262. Lyons to Russell, June 8, 1861. Also Russell Papers, June 10, 1861. This disinclination to act extended also to the matter of getting in touch with the South, which they also postponed. It appeared that Mercier was instructed to order the French Consul at New Orleans to go in person to President Davis. Both diplomats were very fearful of an "outbreak" from Seward on this planned proposal to the Confederacy.]

[Footnote 292: F.O., France, Vol. 1376. No. 35. Draft. "Seen by Ld. Palmerston and the Queen."]

[Footnote 293: In Washington, so different was the point of view, Lyons and Mercier were now convinced they could not let Seward know of the proposal to be made to the South. They feared he would send them their passports. Mercier in informal talk had explained to Seward his instructions on the Declaration of Paris in so far as the North was concerned. Lyons and Mercier now planned a joint visit and representation to Seward--that which was actually attempted on June 15--but were decided to say nothing about the South, until they learned the effect of this "joint proposal." F.O., Am., Vol. 765. No. 262. Lyons to Russell, June 8, 1861.]

[Footnote 294: Parliamentary Papers, 1862, Lords, Vol. XXV. "Correspondence respecting International Maritime Law." No. 10. Russell to Grey, June 12, 1861.]

[Footnote 295: Stoeckl was writing his Government that the state to which the negotiation had come was full of danger and might lead to a serious quarrel. He thought Russia should keep out of it until results were clearer. On this report Gortchakoff margined "C'est aussi mon avis." (Russian Archives, Stoeckl to F.O., June 12-24, 1861. No. 1359.)]

[Footnote 296: F.O., Am., Vol. 766. No. 278.]

[Footnote 297: Parliamentary Papers, 1862, Lords, Vol. XXV. "Correspondence respecting International Maritime Law." No. 14. Lyons to Russell, June 17, 1861. "Recd. June 30." It was in this interview that Lyons discovered Seward's misconception as to the position of the proposed negotiation, and made clear to Seward that he had no instructions to sign a convention.]

[Footnote 298: F.O., Am., Vol. 766. No. 284.]

[Footnote 299: Russell Papers. Lyons to Russell, June 18, 1861.]

[Footnote 300: Ibid., Lyons to Russell, June 21, 1861.]

[Footnote 301: Parliamentary Papers, 1862, Lords, Vol. XXV. "Correspondence respecting International Maritime Law." No. 22. Writing privately on the same day Lyons comments on Mercier's "extreme caution" in his relations with Seward. Lyons implied that all this personal, rather than official communication of documents to Seward was Mercier's idea, and that he, Lyons, doubted the wisdom of this course, but had agreed to it because of the desire to act in perfect harmony with France. Russell Papers, Lyons to Russell, July 8, 1861.]

[Footnote 302: Lyons Papers.]

[Footnote 303: F.O., Am., Vol 756. No. 227. On this same day Russell was writing privately to Edward Everett, in Boston, a clear statement of the British position, defending the Proclamation of Neutrality and adding, "It is not our practice to treat five millions of freemen as pirates, and to hang their sailors if they stop our merchantmen. But unless we mean to treat them as pirates and to hang them, we could not deny them belligerent rights." C.F. Adams, "Seward and the Declaration of Paris," pp. 49-50.]

[Footnote 304: F.O., France, Vol. 1377. No. 176. Draft. Russell to Cowley, July 15, 1861.]

[Footnote 305: F.O., France, Vol. 1394. No. 871.]

[Footnote 306: Russell Papers. Also in a despatch of July 16 Cowley repeated his objections and stated that Dayton had not yet approached France. (F.O., France, Vol. 1394. No. 871.)]

[Footnote 307: F.O., Am., Vol. 755. No. 168. Enclosure. Palmerston's Note to Russell was not sent to Adams but his exact language is used in the last paragraph of the communication to Adams, November 18, as printed in Parliamentary Papers, 1862, Lords, Vol. XXV. "Correspondence respecting International Maritime Law." No. 19.]

[Footnote 308: F.O., France, Vol. 1378. No. 730. Russell to Cowley, July 17, 1861. Containing draft of telegram sent on 16th at 4.30 p.m.]

[Footnote 309: Ibid., No. 729.]

[Footnote 310: See ante pp. 142-45.]

[Footnote 311: F.O., France, Vol. 1394. No. 905. Cowley to Russell, July 26, 1861.]

[Footnote 312: It should be noted that during this period Russell learned that on July 5, Lyons, before receiving the recall of instructions, had finally begun through Consul Bunch at Charleston the overtures to the South. On July 24, Russell approved this action (Parliamentary Papers, 1862, Lords, Vol. XXV. "Correspondence respecting International Maritime Law." No. 23.)]

[Footnote 313: F.O., France, Vol. 1395. No. 1031. Cowley to Russell, August 20, 1861.]

[Footnote 314: Palmerston MS., Russell to Palmerston, August 26, 1861.]

[Footnote 315: See C.F. Adams, "Seward and the Declaration of Paris," pp. 58 and 74.]

[Footnote 316: Adams, Life of C.F. Adams, p. 209.]

[Footnote 317: The Confederate Commissions on August 14, 1861, just before the critical moment in the Declaration of Paris negotiation, had made vigorous protest against this British order, characterizing it as giving a "favour" to the Government at Washington, and thus as lacking in neutrality. Quoted by C.F. Adams, "Seward and the Declaration of Paris," p. 31.]

[Footnote 318: A few facts about Southern privateering not directly pertinent to this chapter are yet not without interest. There was no case during the Civil War of a vessel actually going out as a privateer (i.e., a private vessel operating under government letters of marque) from a foreign port. (Adams, "Seward and the Declaration of Paris," p. 38.) No Southern privateer ever entered a British port. (Bernard, Neutrality of Great Britain, p. 181). As a result of Seward's general instruction of April 24, a convention was actually signed with Russia in August, but it was not presented by Seward for ratification to the United States Senate. Schleiden in a report to the Senate of Bremen at the time of the Trent affair, Nov. 14, 1861, stated that the Russian Ambassador, von Stoeckl, inquired of Seward "whether the U.S. would equip privateers in case war should break out with England and France. Seward replied 'that is a matter of course.' Mr. Stoeckl thereupon remarked that in any case no American privateer would be permitted to cruise in the northern part of the Pacific because Russia, which is the only state that has ports in those regions, would treat them as pirates in accordance with the Convention of August 24. Mr. Seward then exclaimed: 'I never thought of that. I must write to Mr. Clay about it.'" (Schleiden MS.)]

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