CHAPTER 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."

[Illustration: C.F. ADAMS (_From a photograph in the United States

Embassy, London, by kind permission_)]

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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