CHAPTER VII

STORY OF THE TRENT AFFAIR

CAPT. CHARLES WILKES, OF THE AMERICAN NAVY, TOOK FOUR CONFEDERATE

DIPLOMATIC AGENTS FROM A BRITISH SHIP BOUND ON A REGULAR VOYAGE

BETWEEN NEUTRAL PARTS, AND WITHOUT ANY JUDICIAL PROCEEDING CAST

THEM INTO A MILITARY PRISON--A CASE THAT CREATED GREAT EXCITEMENT

THROUGHOUT THE CIVILIZED WORLD--A SWIFT DEMAND, WITH A THREAT OF

WAR ADDED, MADE BY THE BRITISH--COMPARING THIS CASE WITH ANOTHER

OF LIKE NATURE--THE UNITED STATES ONCE WENT TO WAR TO ESTABLISH

THE PRINCIPLE WHICH CAPTAIN WILKES IGNORED--THE BRITISH OFFICIALLY

ACKNOWLEDGE THAT THE AMERICANS WERE JUSTIFIED IN DECLARING WAR IN

1812.

This is to tell the story of what is known, in the history of the Civil

War, as the Trent affair. And it is worth saying in advance that few,

if any, events that have occurred on the high seas are of more interest

to the American patriot than this. For not only did it involve the

capture and subsequent release of two very important enemies of the

American government in time of war; it settled forever in our favor

the troublesome question that drove the American people into the War

of 1812. There was, indeed, what may rightly be called an official

declaration, on the part of the Prime Minister of Great Britain, that

the United States was entirely justified in that war.

[Illustration: James Murray Mason. John Slidell.

The two captured commissioners.]

On the 12th of October, 1861, Mr. James Mason, of Virginia, and Mr.

John Slidell, of Louisiana, with two other gentlemen, acting as their

secretaries, sailed from Charleston in the blockade-runner _Theodora_,

and, “unimpeded by the blockading ships,” arrived at Cardenas, Cuba,

whence they proceeded to Havana. Mr. Mason had, in former years, been

chairman of the Senate Committee on Foreign Affairs and American

Minister in Paris. Mr. Slidell had represented the United States at

the capital of Mexico. These two gentlemen had been chosen by the

Confederates to go to Europe as special representatives--Mr. Mason

to England and Mr. Slidell to Paris--to secure, if possible, the

recognition of the Confederate States as a nation. It is important

to note that these special envoys were sent because three others

previously sent had failed. “Lord Russell had received them (the three)

on the footing of private gentlemen and listened to what they had to

say, but had avoided correspondence, and remained immovable in his

refusal to enter into any official communication. At the French court

they had been equally unsuccessful,” and the Confederates hoped that

Messrs. Mason and Slidell would do better.

On the day that these Confederate envoys arrived in Havana the United

States cruiser _San Jacinto_, Capt. Charles Wilkes, was at Cienfuegos,

on the south side of Cuba, looking for the Confederate cruiser

_Sumter_--Wilkes, by the way, being the officer who conducted the

celebrated Wilkes expedition to the southern seas, of which mention is

made elsewhere.

[Illustration: Charles Wilkes.

_From an engraving by Dodson of the portrait by Sully._]

While at Cienfuegos, Wilkes heard of the arrival of the _Theodora_

on the north coast, and made haste ineffectually to reach Havana to

intercept her. But while he failed to catch the _Theodora_ he learned

at Havana that the Confederate envoys were to sail in the Royal mail

line steamer _Trent_ for the island of St. Thomas, where, in the

regular course of the line’s business, they would be transferred to a

steamer bound to England. Having failed to learn when the _Trent_ would

sail--failed because of “the notorious action of her British Majesty’s

subjects in doing everything to aid and abet the escape of these four

persons”--Wilkes went to “where the old Bahama Channel contracts to

the width of fifteen miles, some 240 miles from Havana, and in sight

of the Paredon del Grande lighthouse.” The _Trent_ must pass through

that neck of water, and “at 11.40 on the 8th her smoke was seen.” “We

were all prepared for her, beat to quarters, and orders were given to

Lieut. D. M. Fairfax to have two boats manned and armed to board her

and make Messrs. Slidell, Mason, Eustis, and McFarland prisoners, and

send them on board.” Eustis and McFarland were the secretaries. “The

steamer approached and hoisted English colors, our ensign was hoisted,

and a shot was fired across her bow; she maintained her speed and

showed no disposition to heave to; then a shell was fired across her

bow, which brought her to. I hailed that I intended to send a boat on

board, and Lieutenant Fairfax, with the second cutter of this ship, was

despatched.” The quotations are from official reports.

On arriving beside the _Trent_, Fairfax went on board alone, “leaving

two officers in the boat with orders to wait until it became necessary

to show some force.” He met the captain on the quarter-deck and asked

“to see the passenger list,” but “he declined letting me see it.”

Fairfax then said he had learned that the Confederate envoys were on

board, and should satisfy himself “whether they were on board before

allowing the steamer to proceed.”

“Mr. Slidell, evidently hearing his name mentioned, came up to me and

asked if I wanted to see him. Mr. Mason soon joined us, and then Mr.

Eustis and Mr. McFarland, when I made known the object of my visit.

The captain of the _Trent_ opposed anything like the search of his

vessel, nor would he consent to show papers or passenger list.” This

is from the report of Lieutenant Fairfax, and it adds that “there was

considerable noise among the passengers just about this time.” The

fact is the passengers were, to a man, in ardent sympathy with the

Confederates. “The passengers and ship’s officers were making all kinds

of disagreeable and contemptuous noises and remarks.” “Did you ever

hear of such an outrage?” and “Did you ever hear of such a piratical

act?” were two of the expressions that were heard by the officers

waiting in the boat. “Mr. Fairfax appeared to be having an altercation

with some one,” and at last one waiting officer “heard some one call

out, ‘Shoot him!’”

At this some armed marines were sent on board, and when they “advanced

the passengers fell back.” The most insolent of all on board was a

retired commander of the British navy, who was in charge of the mails.

According to Lieut. James A. Greer, “the mail agent, (a man in the

uniform of a commander in the royal navy, I think,) was very indignant

and talkative, and tried several times to get me into discussion

of the matter. I told him I was not there for that purpose. He was

very bitter; he told me that the English squadron would raise the

blockade in twenty days after his report of this outrage (I think he

said outrage) got home; that the northerners might as well give up

now,” etc., etc. The Confederate envoys, in their letter to Captain

Wilkes, say that “it must be added here, omitted in the course of the

narration, that before the party left the upper deck an officer of the

_Trent_, named Williams, in the naval uniform of Great Britain, and

known to the passengers as having charge of the mails and accompanying

them to England, said to the lieutenant that, as the only person

present directly representing his government, he felt called upon, in

language as strong and as emphatic as he could express, to denounce the

whole proceeding as a piratical act.”

Further than that, “nearly all the officers of the vessel showed

an undisguised hatred for the northern people, and a sympathy for

the Confederates. I will do the captain of the vessel the justice to

say that he acted differently from the rest, being, when I saw him,

very reserved and dignified. The officers and men of our party took

no apparent notice of the remarks that were made, and acted with the

greatest forbearance.”

However, in spite of the bluster and the determination of the envoys

to go only when compelled to do so by force, the four were taken on

board the American warship. The force used was not violence, of course.

“Three officers laid their hands on an envoy, after which the envoy

walked down a ladder to the boat.” It is conceded on all hands that

Lieutenant Fairfax and his men acted in a manner entirely becoming to

gentlemen of the navy.

Having taken the Confederate envoys, Captain Wilkes permitted the

_Trent_ to proceed on her voyage. He says:

“It was my determination to have taken possession of the _Trent_, and

sent her to Key West as a prize, for resisting the search and carrying

these passengers, whose character and objects were well known to the

captain; but the reduced number of my officers and crew, and the large

number of passengers on board, bound to Europe, who would be put to

great inconvenience, decided me to allow them to proceed.”

It is worth noting, as illustrating the character of Wilkes and his

officers, that they were absolutely certain that if they took the ship

to Key West she would be sold as a good prize for a sum that would have

given many thousand dollars to the _San Jacinto’s_ crew. But for the

sake of the convenience of the passengers, they allowed her to go on.

After the _Trent_ started on her way to St. Thomas, the _San Jacinto_

headed for Boston. “Why he did not go into New York or Hampton Roads,

where he could have communicated with the Government, is unexplained,

but the information of the capture was kept from the Department four

days longer than it should have been.”

But when at last he did reach port, and the news of the capture was

given to the reporters, the whole North went wild with joy, and the

rest of the civilized world, and especially Great Britain, was stirred

as rarely, if ever before, by the capture of an envoy. Even Secretary

of the Navy Welles lost his head and officially wrote to Wilkes: “Your

conduct in seizing these public enemies was marked by intelligence,

ability, decision, and firmness, and has the emphatic approval of this

department.” As for the people of Boston, it may be said that not in

all the years since the War of 1812 had they made such demonstrations

over a naval officer. Even Hull, with the _Guerrière_ crew on board the

_Constitution_, did not receive so much banqueting; and Congress passed

enthusiastically a resolution requesting the President to give Wilkes a

gold medal.

To the writer hereof it seems that the story of all this excitement is

worth careful consideration, not so much because it was incited by the

capture of two enemies of the flag, but because it was an expression of

feeling against the British. For the capture of Mason and Slidell could

not harm the Confederates greatly. There were other statesmen in the

South to take their place. But they had been taken from a British ship,

and the people at the North then believed that the British government,

while publicly professing friendship for their cause, was secretly

doing everything possible to aid the South. The enthusiasm over Wilkes

appears to have been in good part a protest against what was then

called British hypocrisy and enmity for the North. So great was this

enthusiasm, that for a man to openly express the opinion that a grave

mistake had been made was to incur the most rabid denunciations--to be

called a “copperhead” and a “traitor” and a “toady.”

Meantime the British were, as said, but little less excited than the

Americans, though for quite a different reason. A British packet ship

had been assaulted on the high seas while making her usual voyage

between neutral ports, and the people--especially the seafaring

people--wanted to know what their government was going to do about it.

As a matter of fact, they did not have to wait long to learn.

“Richard Williams, Commander R.N., and Admiralty agent in charge of

mails” on the _Trent_, made his report under date of November 9th, and

this in due time reached Lord Russell, the British Prime Minister. A

Cabinet meeting was called to consider the matter, and on November 30,

1861, Russell sent a despatch to Lord Lyons, the British Minister at

Washington, of which the following are the important paragraphs:

“It thus appears that certain individuals have been forcibly taken

from on board a British vessel, the ship of a neutral Power, while

such vessel was pursuing a lawful and innocent voyage, an act of

violence which was an affront to the British flag, and a violation of

international law.

“Her Majesty’s Government, bearing in mind the friendly relations which

have long subsisted between Great Britain and the United States, are

willing to believe that the United States’ naval officer who committed

this aggression was not acting in compliance with any authority from

his Government, or that, if he conceived himself to be so authorized,

he greatly misunderstood the instructions which he had received.

“For the Government of the United States must be fully aware that the

British Government could not allow such an affront to the national

honour to pass without full reparation, and Her Majesty’s Government

are unwilling to believe that it could be the deliberate intention

of the Government of the United States unnecessarily to force into

discussion between the two Governments a question of so grave a

character, and with regard to which the whole British nation would be

sure to entertain such unanimity of feeling.”

In another letter of the same date Lord Russell added the following,

setting a time limit with instructions in case the British demand was

not allowed:

“In my previous despatch of this date I have instructed you, by command

of Her Majesty, to make certain demands of the Government of the United

States.

“Should Mr. Seward ask for delay in order that this grave and painful

matter should be deliberately considered, you will consent to a delay

not exceeding seven days. If, at the end of that time, no answer is

given, or if any other answer is given except that of a compliance

with the demands of Her Majesty’s Government, your Lordship is

instructed to leave Washington with all the members of your Legation,

bringing with you the archives of the Legation, and to repair

immediately to London.”

These were the public official orders to Lord Lyons; but in order to

set forth accurately the condition of affairs, it is necessary to quote

from a letter of private instructions in which, as it now appears, Lord

Russell, while determined to enforce the British demand for reparation,

was anxious “to mitigate the effect of their peremptory demand.” He

said:

“The despatches which were agreed to at the Cabinet yesterday, and

which I have signed this morning, impose upon you a disagreeable task.

My wish would be that at your first interview with Mr. Seward you

should not take my despatch with you, but should prepare him for it,

and ask him to settle with the President and the Cabinet what course

they would propose.

“The next time you should bring my despatch and read it to him fully.

“If he asks what will be the consequence of his refusing compliance, I

think you should say that you wish to leave him and the President quite

free to take their own course, and that you desire to abstain from

anything like menace.”

Although, as said, the patriotic Americans, as a whole, were greatly

excited and incensed, there were many of them who did not share in

these feelings, and among these were Secretary of State Seward. To

set forth the reasons for this opposition to the opinions of their

countrymen more forcibly, the following incident of the history of the

Revolutionary War shall be told:

It appears that when that war was at its height “the colonial

government despatched as ambassador to Holland, then a neutral power,

Henry Laurens, a former President in the Congress of the country,

vested with power to secure from that Government a recognition of the

United Colonies as an independent nation--to conclude a treaty, and to

negotiate a loan. In 1780 he left Charleston, on board the brigantine

_Adriana_, bound to Martinique. From thence he took passage in a Dutch

packet, the _Mercury_, for Holland, and thus was on board a neutral

vessel, sailing between neutral ports.

“When three days out from Martinique, the _Mercury_ was overhauled by

the British frigate _Vestal_, Mr. Laurens, with his secretary, was

forcibly removed from on board the _Mercury_; his papers were seized;

they were taken in the _Vestal_ to St. Johns, Newfoundland, and

thence, by an order of the British admiralty, he, with his secretary,

was taken to England, and he was committed, as a prisoner, to the Tower

of London, on a charge of high treason. The British reverse at Yorktown

soon changed the character of his confinement to that of a prisoner

of war, and he was, not long thereafter, released, in exchange for

Lieutenant-general Lord Cornwallis.”

The quotation is from Upton’s “Maritime Warfare and Prize.” No one

familiar with this work will accuse Mr. Upton of lack of patriotism.

The fact is that the case of Laurens, from a legal point of view, was

precisely the case of Mason and Slidell. If the British were wrong in

taking the American from a Dutch ship and treating him as a criminal in

1780, the Americans were wrong in taking the Confederate envoys from

the British ship in 1861 and treating them as criminals.

[Illustration: William H. Seward.

_From a photograph._]

But that is by no means the end of the story of the _Trent_ affair. The

demand of Great Britain was officially communicated to Secretary of

State Seward on December 19th. On December 26th Mr. Seward delivered to

Lord Lyons a reply reviewing the entire case. The important points of

this reply are as follows:

The American government did not authorize the act of Captain Wilkes

and knew nothing about it until Captain Wilkes arrived and reported

it. Captain Wilkes believed that what he had done was “a simple legal

and customary belligerent proceeding to arrest and capture a neutral

vessel engaged in carrying contraband of war for the use and benefit

of the insurgents.” The “four persons taken from the _Trent_ by

Captain Wilkes, and their despatches, were contraband of war.” If the

envoys were contraband, Captain Wilkes had a right, under the law of

nations, to capture the _Trent_, but _the contraband_ “_has a right

to a fair trial of the accusation against him_.” “The neutral state

that has taken him under its flag is bound to protect him, if he is

not contraband, and is therefore entitled to be satisfied upon that

important question.” Both the accused and the neutral state have a

right to demand “a tribunal and a trial.” In the _Trent_ case there was

neither tribunal nor trial. Captain Wilkes constituted himself captor,

judge, and executioner. A very great wrong had been done. For this

wrong “the British Government has a right to expect the same reparation

that we, as an independent State, should expect from Great Britain or

any other friendly nation in a similar case.” “The four persons in

question are now held in military custody at Fort Warren in the State

of Massachusetts. They will be cheerfully liberated.”

The comment of Commodore Joseph Smith on Seward’s letter sums it up

admirably. In a letter to Flag Officer Foote he says, “It is ingenious,

_gassy_, too long, but able.”

It is to be observed that the letter of Mr. Seward did not contain the

word regret nor any form of apology. It stated the case and argued it,

and admitted that an error--“simply an inadvertency,” on the part of a

naval officer--had been made, and agreed to deliver up the prisoners.

Whether the Secretary should have expressed regret when he admitted

the wrong, the reader can judge for himself. What Lord Russell thought

about this point is not told in the documents, but what he said was

that “Her Majesty’s Government have arrived at the conclusion that they

(the matters in Mr. Seward’s letter) constitute the reparation which

Her Majesty and the British nation had a right to expect.”

Then, in another letter, he controverted Mr. Seward’s statements that

the Confederate envoys made the _Trent_ a good prize that might have

been lawfully condemned. Of course no settlement of this question

was reached, but whether Lord Russell or Mr. Seward was right, may

be, perhaps, decided by the reader. At this writing there is trouble

between Spain and the people of Cuba. If a Cuban agent escaped from

Cuba to the United States and sailed from New York in an American liner

for England, would the government of the United States permit a Spanish

warship to carry the Yankee liner to Spain and there have her condemned

as a prize? As this question must be answered in the negative, it

is impossible to resist saying that in the _Trent_ case the British

government, instead of showing a spirit hostile toward the American

government, was, in spite of the time limit, forbearing.

No direct reference to the British threat of war has been made so far,

nor has the policy of adding to one’s enemies, when one is already

full of trouble, been mentioned. It was a question of right and wrong.

If, on sober second thought, the whole American people had concluded

that they were right, or if it had been manifest that it was necessary

for the life of the nation to keep those Confederates, no threat of

war and no attack from any nation would have taken them from Fort

Warren. It is an idle speculation; but most writers on this subject

are sure that if Mason and Slidell had not been liberated the British

would have declared war against us and so have set up the Confederate

States as an independent government. But if the writer hereof may be

allowed to express an opinion, he must say that, in spite of the seven

days’ limit, England was not quite ready to declare war. And it is by

no means certain that if she had done so, the combination would have

resulted as predicted. For the people of the United States were not in

their last ditch, nor were they friendless in the world.

If one other point in this controversy be considered, the patriotic

American can look upon the _Trent_ case with unmixed pleasure. From

1783 until 1861--for seventy-eight weary years the American government

had vainly striven with all the arts of diplomacy, and even with the

argument of open war, to get from Great Britain a disavowal of her

assumed right to search a neutral ship in time of war and take from

it any persons whom one of her naval officers might decide to be

British subjects--a renunciation of what the Prince Regent (afterward

George IV) proclaimed at the palace of Westminster, in 1813, as the

“_undoubted_ and _hitherto undisputed_ right of searching merchant

vessels in time of war, and the impressment of British seamen when

found therein.”

It was, indeed, not a very lively strife in the later years of this

period, for Great Britain had abstained from exercising her “undoubted

and hitherto undisputed right” as against American ships. But on

November 8, 1861, an American captain, being not well informed in the

causes of America’s fights for life and liberty, undertook the very act

that, when done by Great Britain, led to the War of 1812. He stopped a

neutral ship on the high seas and took from her men whom he declared

to be American citizens, and without any form of trial haled them away

to a condition that was in law, if not in fact, exactly the condition

of the impressed American seamen before the War of 1812. Great Britain

had often taken advantage of such an act; she had in more than 6,000

cases, of which we have official knowledge, benefited by such doings on

the part of her naval officers. But she had never suffered from such

an aggression as that until November 8, 1861. There is no recorded

act nor official utterance of the government of Great Britain during

the first seventy-eight years of the existence of the United States

that can be construed as a renunciation of the right of taking British

subjects from neutral ships in time of war; but when an American naval

captain took an American subject from a British ship the British Prime

Minister, with swift indignation, declared it “an act of violence which

was an affront to the British flag and _a violation of international

law_.” And that was not all. “The British Government could not

allow such an affront to the national honour to pass without full

reparation.” Indeed, the affront was so great that the British Minister

was to consent, for the purpose of consideration and negotiation, “to a

delay not exceeding seven days.”

The outrages perpetrated on American seamen in the old days have

never been avenged; but because the British were at last willing to

acknowledge in the most emphatic of official documents that the United

States waged a just war in 1812, they may be forgiven.

The history of our Navy from its origin to the present day, 1775-1897, vol. 4 (of 4) · 第 7 / 19 章