CHAPTER III

OUTBREAK OF CIVIL WAR--THE 'TRENT' CASE

(1860-1861)

Before the close of 1860 the relations between North and South had

reached the critical stage: the mutterings of the coming storm grew

louder, and when it became clear, in November, that Abraham Lincoln was

to be the new President, secession advanced with rapid strides, while

conviction became general that a collision was inevitable.

* * * * *

_Lord Lyons to Duke of Newcastle._

Dec. 10, 1860.

It is difficult to believe that I am in the same country which

appeared so prosperous, so contented, and one may say, so calm when

we travelled through it. The change is very great even since I wrote

to you on the 29th October. Our friends are apparently going ahead

on the road to ruin with their characteristic speed and energy.

The President (Buchanan) is harassed beyond measure. It is a very

unfortunate moment for our negotiations, but the present state of

things makes me more than ever anxious to get the San Juan question

safely landed beyond the reach of the incoming administration.

The approaching rule of Lincoln entailed the disquieting probability of

the appointment of Mr. Seward as Secretary of State.

* * * * *

_Lord Lyons to Lord John Russell._

Washington, Jan. 7, 1861.

It is considered almost certain that Mr. Seward is to be Mr.

Lincoln's Secretary of State. This will be regarded as a defiance

of the South, unless (as is expected) Mr. Seward comes out with a

conciliatory speech in the Senate. With regard to Great Britain, I

cannot help fearing that he will be a dangerous Foreign Minister.

His view of the relations between the United States and Great

Britain has always been that they are a good material to make

political capital of. He thinks at all events that they may be

safely played with without any risk of bringing on a war. He has

even to me avowed his belief that England will never go to war with

the United States. He has generally taken up any cry against us, but

this he says he has done from friendship, to prevent the other

Party's appropriating it and doing more harm with it than he has

done. The temptation will be great for Lincoln's party, if they be

not actually engaged in a civil war, to endeavour to divert the

public excitement to a foreign quarrel. I do not think Mr. Seward

would contemplate actually going to war with us, but he would be

well disposed to play the old game of seeking popularity here by

displaying violence towards us. I don't think it will be so good a

game for him as it used to be, even supposing we give him an

apparent triumph, but I think he is likely to play it.

This makes me more than ever anxious to settle the San Juan

question.

The forebodings came true. Mr. Seward, a lawyer, who had aimed at the

Presidency himself, became Secretary of State, and caused the British

Government and the diplomatists at Washington many uncomfortable

moments.

* * * * *

_Lord Lyons to Lord John Russell._

Washington, March 26, 1861.

Mr. Seward came to me on the evening of the 20th ultimo, and asked

me to let him speak to me very confidentially....

Mr. Seward observed that he considered it all important to ward off

a crisis during the next three months; that he had good hopes that

if this could be effected a counter revolution would take place in

the South; that he hoped and believed it would begin in the most

distant State, Texas, where indeed he saw symptoms of it already. It

might be necessary towards producing this effect to make the

Southern States feel uncomfortable in their present condition by

interrupting their commerce. It was however most important that the

new Confederacy should not in the mean time be recognized by any

Foreign Power.

I said that certainly the feelings as well as the interests of Great

Britain would render H.M.'s Government most desirous to avoid any

step which could prolong the quarrel between North and South, or be

an obstacle to a cordial and speedy reunion between them if that

were possible. Still I said, if the U.S. determined to stop by force

so important a commerce as that of Great Britain with the

cotton-growing States, I could not answer for what might happen.

Mr. Seward asked whether England would not be content to get cotton

through the Northern Ports, to which it could be sent by land.

I answered that cotton although by far the most important article of

the Trade was not the only point to be considered. It was however a

matter of the greatest consequence to England to procure cheap

cotton. If a considerable rise were to take place in the price of

cotton, and British ships were to be at the same time excluded from

the Southern Ports, an immense pressure would be put upon H.M.'s

Government to use all the means in their power to open those Ports.

If H.M.'s Government felt it to be their duty to do so, they would

naturally endeavour to effect their object in a manner as consistent

as possible first with, their friendly feelings towards both

Sections of this Country, and secondly with the recognized

principles of International Law. As regards the latter point in

particular, it certainly appeared that the most simple, if not the

only way, would be to recognize the Southern Confederacy. I said a

good deal about my hopes that Mr. Seward would never let things come

to this, with which it is unnecessary to trouble you.

I thought that Mr. Seward, although he did not give up the point,

listened with complacency to my arguments against interference with

Foreign Commerce. He said more than once that he should like to take

me to the President to discuss the subject with him. The conclusion

I came to was that the questions of a forcible collection of the

duties in the Southern Ports, and of a blockade of those Ports were

under discussion in the Cabinet, but that Mr. Seward was himself

opposed to those measures, and had good hopes that his opinion would

prevail.

It would appear however that a change took place in the interval

between this conversation and yesterday. Mr. Seward, the principal

Members of the Cabinet, the Russian Minister, M. de Stoeckl, and the

French Minister, Mons. Mercier, with some other people dined with

me. After dinner, Mr. Seward entered into an animated conversation

with my French and Russian Colleagues, and signed to me to join

them. When I came up I found him asking M. Mercier to give him a

copy of his Instructions to the French Consuls in the Southern

States. M. Mercier made some excuse for refusing, but said that what

the instructions amounted to was that the Consuls were to do their

best to protect French Commerce 'sans sortir de la plus stricte

neutralité.' Mr. Seward then asked me to give him a copy of my

instructions to H.M.'s Consuls. I, of course, declined to do so, but

I told him that the purport of them was that the Consuls were to

regard questions from a commercial not a political point of view,

that they were to do all they could to favour the continuance of

peaceful commerce short of performing an act of recognition without

the orders of Her Majesty's Government.

[Illustration: William Henry Seward.

London: Edward Arnold]

Mr. Seward then alluded to the Peruvian Papers, and speaking as he

had done all along very loud, said to my French and Russian

Colleagues and me, 'I have formed my opinion on that matter, and I

may as well tell it to you now as at any other time. I differ with

my Predecessor as to _de facto_ Authorities. If one of your Ships

comes out of a Southern Port without the Papers required by the laws

of the U.S., and is seized by one of our Cruisers and carried into

New York and confiscated, we shall not make any compensation.' My

Russian Colleague, M. de Stoeckl, argued the question with Mr.

Seward very good humouredly and very ably. Upon his saying that a

Blockade to be respected must be effective, Mr. Seward replied that

it was not a blockade that would be established; that the U.S.

Cruisers would be stationed off the Southern Coast to collect

duties, and enforce penalties for the infraction of the U.S. Customs

Laws. Mr. Seward then appealed to me. I said that it was really a

matter so very serious that I was unwilling to discuss it; that his

plan seemed to me to amount in fact to a paper blockade of the

enormous extent of coast comprised in the Seceding States; that the

calling it an enforcement of the Revenue Laws appeared to me to

increase the gravity of the measure, for it placed Foreign Powers in

the Dilemma of recognizing the Southern Confederation, or of

submitting to the interruption of their Commerce.

Mr. Seward then went off into a defiance of Foreign Nations, in a

style of braggadocio which was formerly not uncommon with him, but

which I had not heard before from him since he had been in office.

Finding he was getting more and more violent and noisy, and saying

things which it would be more convenient for me not to have heard, I

took a natural opportunity of turning, as host, to speak to some of

the ladies in the room.

M. de Stoeckl and M. Mercier inferred, as I do, that within the last

two days the opinion of the more violent party in the Cabinet had

prevailed, at all events for the moment, and that there is a danger

that an interference with Foreign Trade may take place at any

moment. I hope that it may still be prevented by the fear of its

producing a recognition of the Southern Confederacy. But I am afraid

we must be prepared for it.

It may perhaps be well, with a view to the effect on this

Government, that the Commissioners who are on their way to Europe

from the Southern States should not meet with too strong a rebuff in

England or in France. Such a rebuff would be a great encouragement

to violent measures. In fact, notwithstanding my contradictions, the

Senate, and indeed, I fear, the President is not uninfluenced by the

bold assertions made by some Members of the violent Party that they

have positive assurances from Y.L. and other Members of H.M.'s

Government that _under no circumstances whatever_ will Great

Britain recognize the independence of the South.

M. Mercier thinks it advisable that he and I should have a

discretionary Power to recognize the South. This seems to me to be

going too fast. I should feel a good deal embarrassed by having such

a power in my pocket, unless the contingency in which it was to be

used should be most clearly stated. What does appear to be of

extreme importance is that England and France should act in concert.

Lincoln had been inaugurated as President in March, and in the following

month the long-awaited collision occurred at Charleston, when the

Confederates opened fire upon and captured Fort Sumter. The forts in

Charleston harbour had by common consent become the test case, and the

capture of Fort Sumter signalized the fact that a population of little

over 5 millions of white men had had the audacity to challenge over 22

millions of their fellow-countrymen.

Charleston, by the way, besides its importance in American history,

seems to have been a place where slavery was a very thorough-going

institution, judging from the following advertisement in the _Mercury_,

of March 25th, 1861.

* * * * *

NOTICE. TEN DOLLARS REWARD.

Runaway on Friday night, March 23rd, my woman 'Silvey,' about forty

years of age, of a light brown complexion, and has spots on her

face as if done with powder, and limps a little, and speaks very low

when spoken to. She formerly belonged to the Rev. Mr. Keith, and of

late to Johnson the tailor, in King Street, near George Street. When

she left she had a chain around her ankles to keep her from going

off, but she went anyhow. Apply to P. Buckheit, north-west corner of

Line and Meeting Streets.

Mr. W. H. Russell, the well-known correspondent, was in Charleston a few

days after the fall of Fort Sumter, and wrote as follows:----

* * * * *

Charleston, April 19, 1861.

I arrived here the night before last _viâ_ Baltimore, Norfolk and

Wilmington. North Carolina was in revolt--that is, there was no

particular form of authority to rebel against, but the shadowy

abstractions in lieu of it were treated with deserved contempt by

the 'citizens,' who with flint muskets and quaint uniforms were

ready at the various stations to seize on anything, particularly

whisky, which it occurred to them to fancy. At Wilmington I sent a

message to the electric telegraph office for transmission to New

York, but the 'citizens' of the Vigilance Committee refused to

permit the message to be transmitted and were preparing to wait upon

me with a view of asking me what were my general views on the state

of the world, when I informed them peremptorily that I must decline

to hold any intercourse with them which I the more objected to do in

that they were highly elated and excited by the news from Sumter. I

went over the works with General Beauregard: the military injury

done to Sumter is very trifling, but Anderson's defence, negative as

it was, must be regarded as exceedingly creditable to him.

* * * * *

In a week's time the place will be a hard nut to crack. One thing

is certain: nothing on earth will induce the people to return to the

Union. I believe firmly their present intention is to march upon

Washington, if it were merely as a diversion to carry the war away

from their interior.

War having now actually broken out, the question of the blockade of the

Southern ports became all important for England.

* * * * *

_Lord Lyons to Lord John Russell._

Washington, April 15, 1861.

I am getting very uneasy about the intention of the Government with

regard to stopping intercourse with Southern Ports. Now that war has

begun it seems difficult to suppose that they will abstain from

taking advantage of their one great superiority, which is their

navy. I suppose that a regular blockade would be less objectionable

than any such measures as closing the Southern Ports as Ports of

entry, or attempting to collect duties for the U.S. by ships

stationed off them. The rules of a blockade are to a great extent

determined and known, and our ships could at all events resort to

any Ports before which the U.S. did not establish a regular

effective blockade. But if the U.S. are to be permitted to seize any

ship of ours wherever they can find her within their jurisdiction on

the plea that by going to a Southern port she has violated the U.S.

custom laws, our commerce will be exposed to vexations beyond

bearing, and all kinds of new and doubtful questions will be raised.

In fact, this, it seems to me, would be a paper blockade of the

worst kind. It would certainly justify Great Britain and France in

recognizing the Southern Confederacy and sending their fleets to

force the U.S. to treat British and French vessels as neutrals in

conformity with the law of nations.

Just as Mr. Seward was confident that he had prevailed in the

Cabinet, the President and the violent party suddenly threw over his

policy. Having determined not to resign, he pretends to be pleased,

and one of his colleagues says of him that in order to make up for

previous lukewarmness he is now the fiercest of the lot. It is a

great inconvenience to have him as the organ of communication from

the U.S. Government. Repeated failures have not convinced him that

he is not sure to carry his point with the President and the

Cabinet. He is therefore apt to announce as the fixed intentions

of his Government what is in reality no more than a measure which he

himself supports.

I am in constant apprehension of some foolish and violent proceeding

of the Government with regard to Foreign Powers. Neither the

President nor any man in the Cabinet has a knowledge of Foreign

Affairs; they have consequently all the overweening confidence in

their own strength which popular oratory has made common in this

country. I believe the best chance of keeping them within bounds

will be to be very firm with them, particularly at first, and to act

in concert with France, if that be possible.

As I have mentioned in my despatches, information coming from the

Southern Commissioners sent to negotiate with the Government here,

it may be as well to mention that they did not seek any intercourse

with me, and that I never had any communication with them, direct or

otherwise. I do not know that I should have thought it necessary to

refuse to communicate with them, if it had been proposed to me, but

the fact is as I have just said.

The policy of acting in conjunction with France was adopted with

considerable success, as will appear later, but hitherto the British

Government had not given any very clear lead, Lord John Russell

contenting himself with the view that he relied upon 'the wisdom,

patience, and prudence of the British Minister to steer safely through

the danger of the crisis.' It was absolutely necessary, however, to deal

with the Blockade Question, and the Cabinet consulted the Law Officers

of the Crown, with the result that the Southern States were recognized

as belligerents.

* * * * *

_Lord John Russell to Lord Lyons._

Foreign Office, May 6, 1861.

I cannot give you any official instructions by this mail, but the

Law Officers are of opinion that we must consider the Civil War

in America as regular war--_justum bellum_--and apply to it all

the rules respecting blockade, letters of Marque which belong to

neutrals during a war. They think moreover it would be very

desirable if both parties would agree to accept the Declaration of

Paris regarding the flag covering the goods and the prohibition of

privateers.

You will of course inform our naval officers that they must conform

to the rules respecting Blockade, of which they are I believe in

possession. The matter is very serious and very unfortunate.

An important conversation took place on May 17, between Lord J. Russell

and Mr. Adams, the new American Minister in London, in which the latter

went so far as to state that Lord John Russell's language to his

predecessor, Mr. Dallas, had been construed in an unfavourable light in

the United States, and that he was afraid that his own mission might

come to an end unless the unfavourable impression was corrected. He

further complained of the recognition of the South as a belligerent.

Lord John Russell in reply declined to give an undertaking that, apart

from belligerent rights, England would never recognize the Southern

States, but he endeavoured to make it clear that, if anything, popular

sympathy in England was with the North, and that H.M. Government were

only desirous of maintaining a strict neutrality. Any one reading the

correspondence of the period cannot fail to realize that Lord John

Russell was perfectly sincere in his expressed wish to preserve perfect

impartiality, in spite of the querulous and acrimonious tone which

occasionally characterized his communications.

Lord Lyons, on his side, was only too anxious to avoid the slightest

semblance of anything which might cause offence to the United States

Government. He was constantly impressing upon the various Consuls that,

strict neutrality being the policy of H.M. Government, they must not be

led away by their sympathies, but confine themselves to obeying orders.

He vetoed the requests for warships, which they occasionally clamoured

for, in the traditional consular spirit, and urged caution upon the

British naval Commanders and the Canadian authorities. Fortunately, both

Admiral Milne and Sir Edmund Head, the Governor-General of Canada, were

prudent and tactful men, who ably co-operated with him. With both of

these he corresponded confidentially, and made no secret of the

apprehensions which he entertained.

* * * * *

_Lord Lyons to Sir E. Head._

Washington, May 22, 1861.

You will perhaps consider the notion that the U.S. should at this

moment provoke a war with a great Power as preposterous, and _à

priori_ it must seem incredible to any one. Nevertheless I am

so seriously alarmed by what I see passing around me here and

especially by the conduct of the Cabinet that I have thought it my

duty to call the attention of our Government to the danger which I

conceive to exist. To avert it is the main object of all I do here.

I am afraid however that things are coming to a point at which my

diplomacy will be completely at fault.

* * * * *

I could write a great deal to explain my reasons for fearing that if

a war be not imminent the risk is at any rate so great that it ought

at once to be guarded against. My mind is almost unremittingly

employed in devising means to maintain the peace. In this, even more

than in ordinary cases, I think the best safeguard will be found in

being evidently prepared for war. Nothing is so likely to prevent an

attack as manifest readiness to prevent one. I have thought it right

to state to H.M. Government my opinion that it is not even now too

soon to put Canada into a complete state of defence and to provide

both in the West Indies and on the Atlantic and Pacific coasts the

means of resisting attack in case of war or of making our neutrality

respected if peace can be maintained.

Canada is, as you know, looked upon here as our weak point. There

are in the Cabinet men who are no doubt as ignorant of the state of

feeling in Canada as they were of that in the Southern States and

who believe that there is a strong American feeling in Canada. You

will not have forgotten that Mr. Seward, during the Presidential

canvass, publicly advocated the annexation of Canada as a

compensation for any loss which might be occasioned by the

disaffection of the South. The people calculate here (I am afraid

not without reason) upon being effectively aided in an inroad upon

Canada by the Irish Secret Societies which have been formed

especially in the State of New York nominally for the purpose of

invading Ireland.

I can hardly hope that you will not think the antecedent

improbability of this country's rushing to its ruin by adding

Foreign to Civil war so great as to prove that I must be led away by

visionary apprehensions. However this may be, it may be convenient

to you to know what my knowledge of men and things here has brought

me to believe and what I have in consequence written home.

Our Government has taken the only position sanctioned by

International law and by precedent. It observes absolute neutrality

and impartiality between the contending parties, recognizing, as it

is bound to do, both as invested with belligerent rights. No other

course was open to it, except that of an offensive alliance with one

side against the other. The North have certainly not asked for such

an alliance and would doubtless reject an offer of it with disdain.

And yet they choose to be in a fury because we do not try to occupy

some untenable position as their partisans.

No one defines our position more clearly than their own great

authority Wheaton.

* * * * *

_Lord Lyons to Lord John Russell._

Washington, May 21, 1861.

One of the great difficulties I have to contend with in my endeavour

to keep this Government within such bounds as may render the

maintenance of peace possible is the persuasion which prevails even

with sensible men that _no_ outrage will compel England to make

war with the North. Such men, although seeing the inexpediency and

impropriety of Mr. Seward's treatment of the European Powers, still

do not think it worth while to risk their own mob popularity by

declaring against it. If they thought there was really any danger

they would no doubt do a great deal to avert it.

Of these men the most distinguished is Mr. Sumner. He has

considerable influence in Foreign Questions and holds the important

office of Chairman of the Senate Committee on Foreign Relations. He

is in correspondence with many people in England, and I believe with

the Duke and Duchess of Argyll. I think no greater service could be

rendered to the cause of peace than to make Mr. Sumner aware of the

real perils to which Mr. Seward and the Cabinet are exposing the

country. If some means cannot be devised of checking them, they will

carry not only arrogance but practical vexations to a pitch which

will render the maintenance of peace impossible. If Mr. Sumner's

correspondence from England convinced him that there was real danger

in Mr. Seward's proceedings, he might do a good deal to put a stop

to them. I think I have done something to shake his confidence, but

I believe he still relies to a great degree upon assurances he

received from England under circumstances wholly different from

those which now so unhappily exist.

Only a few years earlier, a British Minister, Sir John Crampton (like

Lord Sackville, in 1888), had been offered as a sacrifice to the Irish

vote, and received his passport, and it began to look as if this

spirited action might be repeated.

* * * * *

_Lord Lyons to Lord John Russell._

Washington, June 4, 1861.

The present game of the violent party appears to be to discover or

invent some shade of difference in the conduct of England and France

in order to use violent language, or even to take violent measures

against England without necessarily involving themselves in a

quarrel with France also. The plan most in vogue at this moment

seems to be to send me my passport. After their experience in the

case of Sir J. Crampton they look upon this as a measure which would

gain them most applause by its appearance of vigour without exposing

them to any real danger. They have not yet hit upon any fault to

find with me personally, except that I _must_ have written

unfriendly despatches to my government, because my government has

taken a course which they do not like. The whole is no doubt an

attempt to carry a point by bluster which will perhaps fail if it be

encountered with mild language and very firm conduct. For my own

part I conceive my best line will be to avoid giving any possible

reason for complaint against myself personally and to keep things as

smooth as I can. If H.M. Government concede nothing to violent

language it will _probably_ subside, but there is such a dementia

in some of the people here that we must not be surprised at any act of

violence they may commit.

Mr. Seward will be furious when he finds that his adherence to the

Declaration of Paris will not stop the Southern privateering. This

is one of the difficulties of making the proposals respecting

maritime law. But the great trouble will be the fuss which the

Southern government will make about receiving a communication from

England and France. It will be a great advantage to have a discreet

and able man like Mr. Bunch to employ in the South. I trust it may

be possible to grant him some compensation for the risk and loss to

which he is exposed by remaining there.

Another long letter of June 10 illustrates the tension of the situation,

and again urges the necessity of attending to the defence of Canada.

* * * * *

_Lord Lyons to Lord John Russell._

Washington, June 10, 1861.

I owe you more than common thanks for your private letter of the

25th.

Mr. Adams' Report of his first conversation with you appears to have

produced a good impression on the Cabinet. This I learn from Mr.

Chase, the Secretary of the Treasury, who dined with me the day

before yesterday. I have not seen Mr. Seward since they arrived. It

is too dangerous to talk to him on such subjects for me to bring

them up unnecessarily.

I hope we may see some moderation in the tone of the Newspapers.

The people in the North are beginning to be aware of the immense

encouragement which their predictions of a war with England have

given to their Southern Foe. I understand that the effect at

Richmond of the repeated assertions in the Northern Papers of the

hostility of England to the North has been prodigious.

I have written so much officially on the risk of a sudden

Declaration of War against England by the U.S. that I have nothing

to add on that subject. That such an act of madness is so far from

impossible, that we ought to be prepared for it at any moment, I

am thoroughly convinced. I am doing all I can to avoid awkward

questions--for to give way upon any such question would be still

more dangerous to peace than to make a firm stand. The safe course

therefore is to prevent questions arising, if possible. But the

first thing to be done towards obtaining anything like permanent

security is to remove the temptation to attack Canada.

I am a little nervous about our Company of Marines on San Juan. I

don't know that I can suggest any precautions to Governor Douglas

which would not be more likely to do harm than good. I have besides

no means of sending him a letter, which would not be liable to

be read on the way. I can communicate with the Admiral in the

Pacific in cypher, but I do not know where he may be. Under any

circumstances the Government here would of course be able to send

intelligence of war having broken out to the Pacific sooner than I

could.

M. Mercier, the French Minister here, appears to be very frank and

cordial with me. The instructions which he read to me insist very

strongly upon his acting in entire concert with me. I think he may

perhaps have received a confidential Despatch desiring him to

proceed cautiously, for he is going at a much slower pace than his

language a short time ago would have led one to expect. His giving

Mr. Seward a copy of the Exposition of the French Jurists on the

question of Belligerent Rights, as he did before of M. Thouvenel's

account of his conversation with Mr. Sanford, seems to show a

straightforward desire to make this Government acquainted with

the real sentiments and intentions of the Emperor. The language

M. Mercier uses to me and to his other Colleagues, as well as

that which he uses to Americans in my presence, is in direct

contradiction to the reports that France will assist the North,

which are so assiduously repeated and commented upon in the American

Newspapers. I am very willing to let him take the lead in our

communications about the Declaration of Paris. It would be playing

the game of the enemies to peace with England for me to go faster in

these matters than the French Minister.

Among other difficulties in the way of making your communication to

the Southern Consuls, is that of getting it safely to them. All

regular communication with the South is cut off. I suppose the

Government here would give either M. Mercier or me a Pass for a

special Messenger if we asked for one--but it may be desirable to

afford as little evidence as possible of our being connected with

the communication. The Southern Government will no doubt do all in

their power to give importance and publicity to the communication.

This Government will very probably withdraw the Exequaturs of the

Consuls who make it. The withdrawal would not be altogether free

from inconvenience to us, as it would interfere with the Consuls'

holding intercourse with the Blockading Squadrons, which it is

sometimes of importance that they should be able to do.

I think the English and French Governments will find it necessary to

make the Cabinet of Washington clearly understand that they _must_

and _will_ hold unofficial communication with the Southern

Government on matters concerning the interests of their subjects.

The announcement should if possible be made _collectively_, and in

such a form as to preclude the Cabinet's pretending to find a

difference between the conduct of France and England. The Government

of the U.S. can perform none of the duties of a Government towards

Foreigners in the Seceded States; and it is a preposterous

pretension to insist upon excluding Foreign Governments from

intercourse with the authorities however illegitimate, to whom their

Subjects must in fact look for protection.

The inactivity of the Troops on both sides would be satisfactory, if

one could hope that there was still any chance of the question's

being solved without any serious fighting. As it is, one would be

glad that something should be done as soon as possible to enable an

opinion to be formed on the relative strength and spirit of the

Armies. I believe that the real secret is that from want of training

in the men, and total lack of waggons, horses and other means of

transport, neither Government can move troops in any considerable

numbers except by railroad. I can see as yet no signs of the spirit

of conquest in the North flagging, or of the South losing courage.

The Financial Difficulty will be the great one on both sides. The

Southern men are said to serve without pay--but this Government has

fixed the pay of the volunteers and militiamen at the same rate as

that of the regular army, eleven dollars (about 45 shillings) a

month, for a private, in addition to clothes and rations.

I must do the little I can to influence the Senators and

Representatives when they come up next month; but there is only too

much reason to fear that fierceness against England will be popular,

and that the Legislators will vie with each other in manifesting it.

What I think they are most likely to do is to give the President

authority to declare war with us, without waiting for the sanction

of Congress.

* * * * *

Since I wrote what precedes I have been informed privately that in

Mr. Dayton's Report of his audience of the Emperor, there is a

rather ambiguous phrase put into the Emperor's mouth, respecting His

Majesty's desire to contribute to put an end to the dispute between

North and South. My informant says that the President and Mr. Seward

_really_ interpret the phrase as signifying that the Emperor would

be willing to assist the North to subdue the South--and that it is

from this supposition that Mr. Seward does not send M. Mercier back

the 'Exposition' and enter into the discussion about neutral Rights.

Mr. Seward is naturally puzzled by the apparent discrepancy between

the Emperor's language and that of His Majesty's Minister here. The

men in the State Department who are accustomed to business look, it

seems, upon the Emperor's words, even as reported by Mr. Dayton, as

no more than a vague assurance of goodwill, pointing to mediation

rather than to anything else. I will endeavour to get M. Mercier to

set the President and Mr. Seward right as soon as possible, for the

delusion is a very dangerous one for England, and a much more

dangerous one for the U.S.

The ill-feeling towards England continued to grow worse as time went on,

and apparently was due largely to sentiment. The success of the South in

founding a practically independent government was so galling to the

North that anything which implied the admission of a self-evident fact,

such as the recognition of the Southern States as belligerents, was

inexpressibly galling. Fortunately, England and France were acting in

unison, and even Mr. Seward's ingenuity was unable to show that there

was any difference between the attitude of the two countries. Writing on

June 24, Lord Lyons reported that he had discovered that Mr. Seward had

prepared a despatch which was all but a direct announcement of war, and

that it was only the intervention of the President and of the more

reasonable members of the Cabinet which prevented its being sent to the

American Minister in London. The great qualities of President Lincoln,

by the way, do not appear to have been recognized at this early period,

for competent judges pronounced that although well-meaning and

conscientious, he gave no proof of possessing any natural talents to

compensate for his ignorance of everything but Illinois village

politics.

Towards the end of July the military inactivity, due to causes mentioned

earlier, came to an end, and the historic fight of Bull's Run took place

on the 21st.

* * * * *

_Lord Lyons to Lord Russell._

Washington, July 22, 1861.

It is too soon to form any speculations on the result of the defeat

of yesterday. Neither General Scott nor the Government had

calculated on the possibility of anything like it, and as for the

people of the North, they talked at all events as if the victory was

already theirs. If the North have anything like the spirit to which

they lay claim, they will rise with more resolution than ever to

avenge the defeat. The test will be the conduct of the Militia

Regiments. The three months' term of service of most of them has

just expired: some had gone home and the rest were on the point of

following--leaving the war to be carried on by the Volunteers and

the Regular Army. If the Militia regiments remain and others come

up, we may conclude that the warlike spirit of the North is

unbroken. If they do not, there may be a chance of peace. For this

battle will not facilitate recruiting for the army and the

Volunteers--and unless the Capitalists are urged by patriotism or

squeezed by mob pressure, the loans will fail and the money to pay

the Volunteers will not be forthcoming.

I am myself inclined to hope that Congress may show some dignity

and good sense. The general opinion is that it will be violent and

childish--vote men and money on paper by millions--slay its Southern

enemies by treason bills--and ruin them by confiscation acts--decree

the immediate and unconditional abolition of slavery in the Southern

States--the closing of the Ports, and what not.

Amongst other results of Bull's Run was the production of the following

minute by Lord Palmerston. If his judgment on the temper of the North

was completely wrong, his other observations might be profitably studied

by the numerous persons in this country who hold the view that efficient

military forces can be improvised whenever an emergency arises.

* * * * *

MINUTE OF LORD PALMERSTON.

Aug. 15, 1861.

The defeat at Bull's Run or rather at Yankee's Run proves two

things. First, that to bring together many thousand men and put

uniforms upon their backs and muskets in their hands is not to make

an army: discipline, experienced officers and confidence in the

steadiness of their comrades are necessary to make an army fight and

stand: secondly, that the Unionist cause is not in the hearts of the

mass of the population of the North. The Americans are not cowards:

individually they are as reckless of their own lives as of the lives

of others: ..., and it is not easy to believe that if they had felt

they were fighting for a great national interest they would have run

away as they did from the battle, or that whole regiments would have

quietly marched away home just before the fight was to begin. The

Truth is, the North are fighting for an Idea chiefly entertained by

professional politicians, while the South are fighting for what they

consider rightly or wrongly vital interests.

The defects and weaknesses disclosed by this defeat produced much

contemptuous criticism upon the military inefficiency of the United

States. In reality there was no cause for surprise. In April, 1861, the

entire regular army of the United States only amounted to 16,000

officers and men. Many of the officers had taken sides with the South.

Not one of them had ever had the opportunity of commanding any

considerable number of troops, and public opinion was so entirely

uninstructed concerning military questions that every local politician

considered himself competent to become a colonel, or even a general. But

what Bull's Run showed more conclusively than anything else, was that

the task of subjugating the South was infinitely greater than had

been anticipated, and that the confident boastings of enthusiastic

Northerners were as foolish as they were unjustified. We, however, as

a nation, had not then, and have now, little cause to jeer at the

Americans for their failure: we had embarked, only a few years earlier,

upon the Crimean Campaign almost equally unprepared for a serious

struggle, and less than forty years later, in 1899, one of our most

eminent military authorities undertook to finish off the Boers before

the date of the Lord Mayor's Banquet.

About this time Anglo-American relations showed a slight improvement,

although Mr. Seward, in a characteristic outburst, took occasion to

point out that 'the policy of Foreign Governments was founded upon

considerations of interest and of commerce, while that of the United

States was based on high and eternal considerations of principle and the

good of the human race; that the policy of foreign nations was regulated

by the government which ruled them, while that of the United States was

directed by the unanimous and unchangeable will of the people.' Yet he

had clearly become more peaceable, and this welcome tendency was perhaps

due to the British Government having increased the Canadian garrisons in

response to the urgent pressure of Lord Lyons and the Canadian

authorities.

* * * * *

_Lord Lyons to Sir E. Head._

Washington, Aug. 2, 1861.

The intentions of the Government are at this moment more peaceful

than they have been. But I do not yet see any reason to modify the

views I expressed in my previous confidential letters. The present

change has been mainly produced by our preparations for defence and

by the quiet firmness with which we have maintained the position we

took up with regard to Belligerent Rights. I think it as necessary

as ever to complete our preparations for defence, and I find that

the knowledge that we are making such preparations calms instead of

irritating this people.

There is nothing very surprising in raw levies being seized with

such a panic as that which led to the flight from Bull's Run. The

want of spirit before and since shown by the Militia regiments is a

worse sign. Two went away, on their term expiring, one may say from

the battlefield itself. The defeat, and even the danger of

Washington being taken, have been unable to induce any whose time is

up to remain. The Government considers that we are now safe again

from an attack here, but for some days our reliance was only upon

its not entering into the enemy's plan to come here.

As day after day passes without an onward movement of the Southern

troops, the war spirit seems to revive in the North. But it will

require a decided Northern victory to bring back the enthusiasm and

the unanimity which appeared on the fall of Fort Sumter. A peace

party is beginning to show itself timidly and weakly, but much more

openly than it would have dared to do two months ago.

We have nearly got through another Tariff Bill without a serious

attack upon the Reciprocity Treaty, thanks more to the haste, I am

afraid, than the good will of the Legislators. It will be a

wonderful tariff, whichever of the plans now before Congress is

adopted.

Mr. Seward some weeks ago took credit to himself for having recalled

Mr. Ashman on finding that his mission was ill looked on. This gave

me a good opportunity of telling him that H.M. Government

considered that they had a good right to complain of his having been

sent at all without proper communication being previously made to

them and to me.

I have applied for the discharge of the two minors about whom you

wrote to me officially. I am not sure of getting it. My applications

for discharge from the Army and Navy have become necessarily so

numerous that they are not viewed with favour.

Such elaborate pains had been taken to prevent anything in the least

likely to irritate the Government of the United States, that it was all

the more annoying when an incident occurred which gave excuse for

complaint.

The Consuls in the Southern States were permitted to send their

despatches in Foreign Office bags through the lines on the reasonable

condition that no advantage was to be taken of the privilege in order to

provide information which might be of use to the enemies of the United

States Government. The rule was rigidly observed at the Legation, and

the Consuls had been repeatedly warned not to infringe it in any way;

but in an evil hour, Mr. Bunch, the British Consul at Charleston, a

capable and industrious official, committed his bag to a friend, who,

unknown to the Consul, also took charge of about two hundred private

letters. The messenger was arrested by the United States authorities,

and imprisoned. The letters, of course, were seized, but so also was the

Foreign Office bag, addressed to Lord Russell, and a Foreign Office bag

has always been considered as one of the most sacred objects upon earth.

The United States Government, professing that a most serious offence had

been committed, and taking advantage of an error in the passport of the

messenger, sent the bag over to London by special messenger, and

demanded the recall of the unfortunate Consul Bunch. The opportunity, in

short, was too good to be lost. When the bag was eventually opened, in

Downing Street, it was found to contain nothing but despatches and a few

letters from British governesses and servants who had been permitted to

make use of it in consequence of the discontinuance of the post. In

fact, it was an essentially trivial matter, but the tension between the

two countries was so great that Lord Russell thought that it might

possibly lead to a rupture of official relations, and sent the following

instructions:--

* * * * *

_Lord Russell to Lord Lyons._

Abergeldie Castle, Sept. 13, 1861.

It is not very probable, but it is possible that the complaint

against Bunch may be a preliminary to the breaking off of official

intercourse between the two countries.

Your name has been kept out of the correspondence on both sides,

but if the Envoys are to be withdrawn, you will be sent away from

Washington.

In that case I wish you to express in the most dignified and guarded

terms that the course taken by the Washington Government must be the

result of a misconception on their part, and that you shall retire

to Canada in the persuasion that the misunderstanding will soon

cease, and the former friendly relations be restored.

It is very desirable to obtain an explanation from Consul Bunch, and

you may authorize Admiral Milne, after due notice, to Mr. Seward, to

send a gunboat to Charleston for the purpose.

Consul Bunch, in spite of his troubles, remained for over a year in

Charleston after this incident. Eventually the American Government

revoked his exequatur, and he made a semi-state return to England in a

man-of-war.

In the late autumn, Mr. Seward began to show signs of returning to his

earlier manner, and it was plain enough that he had only been seeking to

gain time by his moderation. He now maintained that any communication

between a Foreign Government and the Confederate Government was an

offence against the United States, and it became more and more necessary

for England and France to come to some distinct agreement as to what the

nature and extent of those communications should be. Mr. Seward's

contention was obviously absurd. South Carolina had seceded nearly a

year previously. State after State had followed its example; the United

States Government had not made the slightest progress in restoring its

authority, and exercised no power or influence in any portion of the new

Confederation. On the other hand, there was a _de facto_ government in

that Confederation which was obeyed without question and exercised the

functions of government with perfect regularity. It was clear that a

government which was without the means of protecting British subjects

had no right to prevent us from holding necessary and informal

communications with the only power to which British subjects could look

for protection and redress of grievances. Cases of British subjects

being compulsorily enlisted, of British goods being seized on board

vessels captured by Southern privateers, and instances of a similar

nature were of constant occurrence. It was preposterous that under these

conditions British Consuls should be expected to refrain from

communication with the Confederate authorities. Fortunately, although

the British interests involved were infinitely the more important,

French interests were affected too, and upon this, as upon most other

difficult questions, Lord Lyons received the hearty and loyal support of

his French colleague, M. Mercier.

On November 8, an incident of the gravest nature occurred, which seemed

likely to render futile all the laborious efforts which had been made to

keep the peace between England and the United States.

The English mail steamer _Trent_, one day out from Havannah, was met by

the American warship _San Jacinto_ and stopped by a shell fired across

her bows. She was then boarded by a party of marines, and the officer in

command of the party demanded a list of the passengers. The production

of the list having been refused, the officer stated that he knew the

Confederate delegates to Europe, Messrs. Mason and Slidell, to be on

board, and insisted upon their surrender. Whilst the discussion was in

progress, Mr. Slidell made his appearance and disclosed his identity.

Thereupon, in defiance of the protests of the captain of the _Trent_ and

of the Government mail agent, Mr. Slidell and Mr. Mason, together with

their secretaries, were seized and carried off by force to the _San

Jacinto_, and taken as prisoners to New York.

The news arrived in England on November 27, and, naturally, caused the

greatest excitement and indignation. It was felt that the limits of

concession had been reached, that a stand must now be made if we ever

intended to maintain our national rights, and, as a proof that they were

in earnest, the Government decided upon the immediate despatch of 8000

men to Canada.

The first private letter from Lord Lyons was written on November 19.

* * * * *

_Lord Lyons to Lord Russell._

Washington, Nov. 19, 1861.

I have written so much officially on this unfortunate affair of

Mason and Slidell that I have hardly left myself time to thank you

for your kind private letter of the 2nd.

I am told confidently that orders were given at Washington which led

to the capture on board the _Trent_, and that they were signed by

Mr. Seward without the knowledge of the President. I do not vouch

for the truth of this. I am afraid he is not sorry to have a

question with us like this, in which it is difficult for France to

take a part.

Lord Lyons had made up his mind from the first that, as it was

impossible for him to form a correct opinion as to what had actually

occurred, the only thing to do was to maintain an attitude of complete

reserve. In the absence of authentic information, he felt that on the

one hand it would be unsafe to ask for a reparation which might be

inadequate; on the other hand he was reluctant to make a demand which

might be unnecessarily great. Consequently, he resolved to take no steps

until he received instructions from home, refused to say a word on the

subject either officially or unofficially, and instructed the Consuls to

maintain silence.

* * * * *

_Lord Lyons to Lord Russell._

Washington, Nov. 22, 1861.

I have all along been expecting some such blow as the capture on

board the _Trent_. Turn out how it may, it must I fear produce an

effect on public opinion in both countries which will go far to

disconcert all my peaceful plans and hopes. I am so worn out with

the never-ending labour of keeping things smooth, under the

discouragement of the doubt whether by so doing I am not after all

only leading these people to believe that they may go all lengths

with us with impunity that I am sometimes half tempted to wish that

the worst may have come already. However I do not allow this feeling

to influence my conduct, and I have done nothing which can in the

least interfere with any course which you may take concerning the

affair of the _Trent_.

If the effect on the people and Government of this country were the

only thing to be considered, it would be a case for an extreme

measure one way or the other. If the capture be unjustifiable we

should ask for the immediate release of the prisoners, promptly,

imperatively, with a determination to act at once, if the demand

were refused. If, on the other hand, the capture be justifiable,

we should at once say so and declare that we have no complaint to

make on the subject. Even so, we should not escape the evil of

encouraging the Americans in the belief that we shall bear anything

from them. For they have made up their minds that they have insulted

us, although the fear of the consequences prevents their giving vent

to their exultation. They would not however consider it so manifest

a proof of yielding on our part if we at once declared that we had

nothing to complain of, as if we did complain without obtaining full

reparation. Of course, however, I am well aware that public opinion

in this country is not the only thing to be thought of in this

question. While maintaining entire reserve on the question itself, I

have avoided any demonstration of ill-humour. My object has been, on

the one hand, not to prevent the Government being led by its present

apprehensions to take some conciliatory step, and on the other hand

not to put H.M. Government or myself in an awkward position, if it

should after all appear that we should not be right to make the

affair a serious ground of complaint.

Congress will meet on December 2nd, which will not diminish the

difficulty of managing matters here. It is supposed that General

McClellan will be obliged to attempt some forward movement, in

order that he and the Government may be able to meet the fiery

legislators. They hoped the Beaufort affair would have been

sufficient, but like all they do, the effect is so much weakened,

first by the preposterous boastings beforehand, and secondly by the

fabulous accounts of the success first given, that something new

must if possible be provided.

The Finances are kept in an apparently prosperous condition, by

postponing all but the most pressing payments. In this manner the

New York Banks are not pressed to pay up the sums they have taken of

the Loan. The people are so enamoured of their last brilliant

discovery in political economy that it was seriously intended to

raise the Morrill Tariff, in order that no money might go out of the

country and nothing be imported but 'gold and silver to carry on the

war with.' The Cabinet has now however, I understand, determined to

recommend that the Morrill Tariff be not touched. One cannot help

hoping that some one may be reasonable enough to suggest the idea of

a Revenue Tariff.

General McClellan's own plan is said to be to gain a great victory,

and then, with or without the sanction of Congress and the

President, to propose the most favourable terms to the South if it

will only come back. It is a curious sign of the confusion into

which things are falling, that such a plan is coolly discussed. I

mean that part of it which consists in the General's acting without

the consent of the President and Congress.

* * * * *

_Lord Lyons to Lord Russell._

Washington, Nov. 25, 1861.

The people here are extremely frightened about the capture on board

the _Trent_. The New York money market gives signs of this. Another

indication is the moderation of the newspapers, which is for them

wonderful. They have put in more correct accounts of my language (or

rather silence). I rather suspect that this must have been done on a

hint from Mr. Seward. As a general rule I abstain from noticing

anything the newspapers say about me. On this occasion in particular

contradiction from me would have been almost as dangerous as

affirmation, so I left the assertions to take their chance.

The Consuls in the South do not behave well about forwarding private

letters. There is a fresh case which I report to-day. Mr. Seward

has, I think, behaved properly about it. I am afraid I shall be

obliged to ask you to support me by some severe act, if my last

instruction is not obeyed.

I write, as indeed I act, as if our relations with this Government

were to be unchanged. Let the affair of the capture on board the

_Trent_ turn out how it may, I am not confident that I shall long

be able to do so.

Writing on the same date to Admiral Milne, he repeats that nothing

whatever has passed between him and the U.S. Government on the subject

of the _Trent_, and adds: 'I suppose I am the only man in America who

has expressed no opinion whatever either on the International Law

question, or on the course which our Government will take.' Such

reticence appears almost superhuman.

The attitude, however, of an important section of the American public

was anything but reticent. Captain Wilkes sprang at once into the

position of a national hero. Congress passed a vote of thanks to him; he

was banqueted, toasted, serenaded, and shortly became an admiral. A

member of the Government, Mr. Welles, Secretary of the Navy, noted for

his hostility to England, distinguished himself by officially

congratulating Captain Wilkes upon his heroic action; intimating at the

same time that the 'generous forbearance' he had shown in not capturing

the _Trent_ could not be treated as a precedent in subsequent cases of

the infraction of neutral obligations. The Governor of Boston also

distinguished himself by the following statement at a public banquet:

'That there may be nothing left to crown this exaltation, Commodore

Wilkes fired his shot across the bows of the ship that bore the British

lion at its head,' while many other prominent citizens followed his

example.

* * * * *

_Lord Lyons to Lord Russell._

Washington, Nov. 29, 1861.

The Consuls in the South are crying out for ships again. This is the

solution for every difficulty in the Consular mind, as my experience

in the Mediterranean taught me long ago; though what the ships were

to do, except fire a salute in honour of the Consul, I could never

discover. I had some trouble, as you may perhaps recollect, in

checking the Consular ardour to send ships up the Potomac to my own

relief last spring. Sir A. Milne objects strongly to sending ships

to the Southern Ports, unless with a specific object and definite

instructions, and I think he is quite right. It is quite true that a

town _may_ be bombarded some day by the United States forces: that

British subjects may have their throats cut by the negroes in a

servile insurrection, or be tarred and feathered by a Vigilance

Committee. But we cannot keep a squadron at every point to protect

them, and I do not know what points are particularly threatened.

I shall do all in my power to keep things smooth until I receive

your orders about the _Trent_ affair. This can in any event do no

harm. There is a story here that, in a recent hypothetical case, the

Law Officers of the Crown decided in favour of the right of the

United States to take Mason and Slidell out of a British ship or

postal packet. I do not know whether Mr. Adams has written this to

Mr. Seward, but I am inclined to think that the Government believe

it to be true.

The uncertainty as to the opinion of the Law Officers of the Crown

rendered it all the more necessary to keep quiet and wait for orders,

and the situation was rendered a little easier on account of there being

no mention of the _Trent_ in the Presidential Message. Mr. Galt,

the Canadian Finance Minister, happened to be in Washington at the

beginning of December, and had an interesting conversation with

President Lincoln, who disclaimed for himself and the Cabinet all

thought of aggression against Canada. The President also stated that he

himself had been opposed to Mr. Seward's circular putting the coasts

into a state of defence, but had been overruled. On being asked what the

recommendation to make fortifications and depôts of arms on the Great

Lakes meant, he only said, 'We must say something to satisfy the

people.' About the Mason and Slidell case, he remarked, 'Oh, that'll be

got along with!' He further volunteered the observation that if he could

not within a reasonable period get hold of Virginia, Kentucky, and

Missouri, and keep Maryland, he should tell the American people to give

up the contest, for it would be 'too big' for them.

The impression produced upon Mr. Galt was that President Lincoln himself

was honest and sincere in what he said, but that he was very far from

being master of his Cabinet. Mr. Galt returned to Canada, bearing a

letter to Lord Monck, the new Governor-General, urging the necessity of

preparing for defence, and also an ingenious arrangement for warning the

Canadian Government in case of emergency, without having recourse to

cypher telegrams, which might arouse the suspicions of the Americans.

On December 13, intelligence was received in America of the arrival in

England of the first news of the capture of Mason and Slidell, the

submarine cable, of course, not being at that time in operation. A great

fall in all securities immediately took place.

At midnight on the 18th, the Queen's messenger bearing the fateful

despatches from Lord Russell arrived at the British Legation at

Washington.

The principal despatch, dated November 30, 1861, had been drawn up after

consideration by the Cabinet, and the purport of it was that the United

States Government were informed that International Law and the rights of

Great Britain had been violated, that H.M. Government trusted that the

act would be disavowed, the prisoners set free and restored to British

protection. Should this demand be refused, Lord Lyons was instructed to

leave Washington.

The draft of this despatch was submitted to the Queen, and, in the

opinion of the Prince Consort, the wording was of somewhat too

peremptory a character. The suggestions of the Prince Consort were

embodied in a memorandum quoted by Sir Theodore Martin in his book, and

the object of them was to remove any expressions in the despatch which

might unduly affront a sensitive nation, and at the same time enable it

to retreat from a false position without loss of credit or dignity. The

Prince was suffering from a mortal illness at the time, and was dead

within a fortnight; it was the last occasion upon which he took any part

in public affairs, but never, probably, did he render a greater service

to the country of his adoption than when he persuaded the Cabinet to

modify the wording of this momentous despatch. As amended in accordance

with the Prince Consort's suggestions, the crucial passages ran as

follows:--

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's 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.

Her Majesty's Government, therefore, trust that when this matter

shall have been brought under the consideration of the Government of

the United States, that Government will, of its own accord, offer to

the British Government such redress as alone would satisfy the

British nation, namely, the liberation of the four gentlemen, and

their delivery to your Lordship, in order that they may again be

placed under British protection, and a suitable apology for the

aggression which has been committed.

Should these terms not be offered by Mr. Seward, you will propose

them to him.

It will be observed that in the above there is nothing of an aggressive

or minatory nature, but in a further despatch of the same date, Lord

Lyons was instructed to allow Mr. Seward a delay of seven days, if the

latter asked for it. If at the end of seven days no answer was returned,

or any answer which was not a compliance with the demands of Her

Majesty's Government, then the British Minister was directed to leave

Washington with all the members of his staff and the archives, and to

repair forthwith to London.

Accompanying the despatches was a private letter from Lord Russell to

Lord Lyons.

* * * * *

Pembroke Lodge, Dec. 1, 1861.

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 his Cabinet what course

they would propose.

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

If he asks you 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. I think the disposition of the Cabinet is

to accept the liberation of the captive commissioners and to be

rather easy about the apology: that is to say if the Commissioners

are delivered to you and allowed to embark in a packet for England,

and an apology or explanation is sent through Mr. Adams that might

be taken as a substantial compliance. But if the Commissioners are

not liberated, no apology will suffice.

M. Thouvenel promises to send off a despatch on Thursday next giving

our cause moral support, so that you may as well keep the despatch

itself a day or two before you produce it, provided you ask at once

for an interview with Seward.

The feeling here is very quiet but very decided. There is no party

about it: all are unanimous.

The best thing would be if Seward could be turned out, and a

rational man put in his place. I hear it said that the Americans

will not fight, but we must not count upon that.

I have every reliance that you will discharge your task in the

temper of firmness and calmness which befits a British

representative.

Mr. Hammond, the permanent Under-Secretary at the Foreign Office, whose

judgment was in after years shown to be far from infallible, expressed

the opinion that Messrs. Mason and Slidell would be immediately

executed, so that there might be an answer ready whenever their release

was demanded. A warship was ordered to proceed from Halifax to New York

to receive the members of the Legation in case an unfavourable reply

should be received from the American Government.

On December 7, Lord Russell wrote again privately to Lord Lyons.

* * * * *

Foreign Office, Dec. 7, 1861.

I have been going over in my mind the possible evasive answers of

Mr. Seward, falling short of substantial compliance with our

demands, in order to give you some contingent instructions.

But the result is that I fear I should embarrass you more by such a

course, than by leaving you to the exercise of your own excellent

judgment.

What we want is a plain Yes, or a plain No to our very simple

demands, and we want that plain Yes or No within seven days of the

communication of the despatch.

The devices for avoiding the plain course are endless, and the

ingenuity of American lawyers will seek perhaps to entangle you in

endless arguments on Vattel, Wheaton and Scott.

Here are two plain answers. If the _Trent_ had been brought into

Boston harbour, the Prize Court must have condemned the captors to

pay costs for illegal detention. This, at least, is our opinion.

But Captain Wilkes superseded the authority of the Courts instituted

and recognized by the Law of Nations. Seeing that there was no

chance that any Court of Justice, or any law could justify the

capture of the four Americans, Captain Wilkes has set aside all

Courts of Justice and all law, and has taken into his own hands, by

virtue of his cannons and cutlasses, the solution of a question

which demanded if raised at all, a regular, a solemn and a legal

decision.

These are the grounds therefore upon which our demands are based and

upon which they should be urged.

P.S.--I have just received your letter of the 22nd. If you receive

the Confederate prisoners under the protection of the British flag,

we shall be satisfied. But if that is not to be obtained, you will

only have to obey your instructions and withdraw.

Mr. Hammond, a very unfortunate prophet, predicted that 'the Americans

will never give way. The humiliation will be too great, and after all

their boastings against Europe, they will scarcely be satisfied to yield

to the common reprobation with which the act has been received. We hear,

too, that the President himself is most determined against concession,

having rejected peremptorily General McClellan's conciliatory advice.'

It must be admitted, however, that if Mr. Hammond was wrong, plenty of

other people shared his views on both sides of the Atlantic.

Lord Russell's despatch having arrived at Washington late at night on

December 18, Lord Lyons called upon Mr. Seward on the 19th, and

acquainted him with its general tenour. Mr. Seward received the

communication seriously and with dignity, nor did he manifest any

dissatisfaction. At the conclusion of the interview, he asked to be

given the following day for consideration, and also for communication

with the President. He thought that on the 21st he would be able to

express an opinion upon the communication, and in the meanwhile

expressed his gratification at the friendly and conciliatory manner in

which it had been made by the British Representative.

* * * * *

_Lord Lyons to Lord Russell._

Washington, Dec. 19, 1861.

Before I left Mr. Seward he said that there was one question which

he would put to me 'informally,' but which it was most important

that I should answer. Was any time fixed by my instructions within

which the U.S. Government must reply? I told him that I did not like

to answer the question; that what of all things I wished to avoid

was the slightest appearance of a menace. He said I need not fear

that; he only wished me to tell him privately and confidentially. I

said that on that understanding, I would tell him that the term was

seven days. He then said that much time would be lost if I did not

let him have a copy of your despatch 'unofficially and informally';

that so much depended upon the wording of it, that it was impossible

to come to a decision without reading it. I told him that the only

difficulty I had about giving it to him at once officially was that

the seven days would at once begin to run. He said that was very

true, but I might let him have it on the understanding that no one

but himself and the President should know that I had done so. I was

very glad to let him have it on these terms. It will give time for

the Packet (which is indeed already due) to arrive with M.

Thouvenel's Despatch to M. Mercier, and in the meantime give Mr.

Seward who is now on the peace side of the Cabinet time to work with

the President before the affair comes before the Cabinet itself. I

sent the Despatch to him in an envelope marked 'Private and

Confidential.' Almost immediately afterwards he came here. He told

me he was pleased to find that the Despatch was courteous and

friendly, and not dictatorial or menacing. There was however one

question more which he must ask me, without an answer to which he

could not act, but at the same time he must have the answer only in

strict confidence between himself and me. I had told him in

confidence that I was to wait seven days for an answer on the

subject of the redress we required. Supposing he was within the

seven days to send me a refusal, or a proposal to discuss the

question? I told him that my instructions were positive and left me

no discretion. If the answer was not satisfactory, and particularly

if it did not include the immediate surrender of the Prisoners, I

could not accept it.

I was not sorry to tell him this in the way I did. I avoided all

menace which could be an obstacle to the U.S. yielding, while I did

the only thing which will make them yield if they ever do, let them

know that we were really in earnest.

I don't think it likely they will give in, but I do not think it

impossible they may do so, particularly if the next news from

England brings note of warlike preparations, and determination on

the part of the Government and people.

Mr. Seward has taken up all my time, which is my excuse for this

scrawl. I shall be able to write to you to-morrow.

The second interview took place on the 21st, and the following letter

explains the reasons for allowing Mr. Seward an additional two days--a

happy expedient, which probably contributed in great measure to the

ultimate solution of the difficulty--and also graphically depicts the

general uncertainty and alarm which prevailed.

* * * * *

_Lord Lyons to Lord Russell._

Washington, Dec. 23, 1861.

I have followed, I think to the letter, in my communications with

Mr. Seward on the _Trent_ affair, the plan laid down in your private

letter of the 1st. The packet is unfortunately so late that M.

Mercier will not receive the promised instruction from M. Thouvenel

until to-morrow, but I could not have again put off communicating

your despatch to Mr. Seward without an appearance of vacillation

which would have been fatal. No time was practically lost by my

consenting to the delay from Saturday to Monday, for whether the

seven days expired on Saturday next or Monday next, I should have

been equally unable to announce the result to you sooner than by the

packet which will sail from New York on Wednesday, the 1st January.

I feel little or no doubt that I shall have an answer of some kind

before the seven days are over. What it will be depends very much

upon the news which will be brought by the packet to-morrow. If it

convinces the people here that it is surrender or war, without any

hope of a diversion in their favour by France, our terms will

perhaps be complied with. If there is any hope left that there will

be only a rupture of Diplomatic Relations, or that we shall accept

the mediation of France, no concession will be made. There is no

doubt that both government and people are very much frightened, but

still I do not think anything but the first shot will convince the

bulk of the population that England will really go to war.

M. Mercier went of his own accord to Mr. Seward the day before

yesterday and expressed strongly his own conviction that the choice

lay only between a compliance with the demands of England and war.

He begged Mr. Seward to dismiss all idea of assistance from France,

and not to be led away by the vulgar notion that the Emperor would

gladly see England embroiled with the United States in order to

pursue his own plans in Europe without opposition. He said that if

he could be of use, by making these sentiments known to Senators and

other influential people, he was quite ready to do so. Mr. Seward

asked him whether he had received special instructions from his

Government on the subject. M. Mercier said no, but that he expected

some immediately, and that he had no doubt whatever what they would

be. Mr. Seward did not accept his offer to prepare influential men

here for giving way, but merely said, 'Let us wait and see what your

instructions really turn out to be.'

It is announced that General Scott is more than halfway across the

Atlantic on his way here, I suppose in the hope of appearing again

on the stage as the Grand Pacificator. If he gives the sanction of

his name to a compliance with our terms he will certainly render the

compliance easier to the Government and less unpalatable to the

people. But I cannot foresee any circumstances, under which I should

be justified in departing from your instructions. Unless I receive

an announcement that the prisoners will be surrendered to _us_, and

at least not a refusal to make an apology before noon on this day

week, no other course will be open to me than to demand my passports

and those of all the members of the Legation and go away at once. In

case of a non-compliance, or of the time elapsing without any

answer, it will probably be desirable for me to take myself, the

Secretary of Legation, and the greater part of the Attachés off at

once, leaving, if necessary, one or two of the junior attachés to

pack up the archives and follow as quickly as possible. It is a case

in which, above all others, delay will be dangerous. I am so

convinced that unless we give our friends here a good lesson this

time, we shall have the same trouble with them again very soon,

under less advantageous circumstances, that even my regard for them

leads me to think it all important that they should receive the

lesson. Surrender or war will have a very good effect upon them, but

anything less will make them more self-confident than ever, and lead

them on to their ruin.

I do not think there is any danger of the Government's deliberately

taking any step to precipitate hostilities upon my departure. On the

contrary, if they let me go, it will be in the hope that the

interruption of diplomatic relations will be all they have to fear

from us. But they have so little control over their officers, that I

think we must be prepared for acts of violence from subordinates, if

they have the chance of performing them, in cases where no immediate

danger is incurred. I shall suggest to the Governors and Naval

Officers to take reasonable precautions against such acts. A

filibustering expedition of the Irish on the frontiers of Canada, to

damage the canals, or something of that sort, may also be on the

cards.

It is generally believed that the Government will insist on an

immediate advance of the Grand Army of the Potomac, in the hope of

covering a surrender to England with (to use President Lincoln's

phraseology) a 'sugar coating' of glory, in another quarter if

possible.

You will perhaps be surprised to find Mr. Seward on the side of

peace. He does not like the look of the spirit he has called up. Ten

months of office have dispelled many of his illusions. I presume

that he no longer believes in the existence of a Union Party in the

South, in the return of the South to the arms of the North in case

of a foreign war; in his power to frighten the nations of Europe by

great words; in the ease with which the U.S. could crush rebellion

with one hand and chastise Europe with the other; in the notion that

the relations with England in particular are safe playthings to be

used for the amusement of the American people. He sees himself in a

very painful dilemma. But he knows his countrymen well enough to

believe that if he can convince them that there is a real danger

of war, they may forgive him for the humiliation of yielding to

England, while it would be fatal to him to be the author of a

disastrous foreign war. How he will act eventually, I cannot say.

It will be hard for him to face present unpopularity, and if the

President and Cabinet throw the whole burden on his shoulders, he

may refuse to bear it. I hope that without embarrassing him with

official threats, I have made him aware himself of the extreme

danger of refusing our terms.

Since I have been writing this letter, M. Mercier has come in and

related to me more in detail the conversation he had with Mr. Seward

the day before yesterday. In addition to what I have already

mentioned, he says that he told Mr. Seward that it would be

impossible for France to blame England for precisely the same course

that she would herself have pursued in similar circumstances: that

of course he could not pretend to give advice on a question

concerning national honour without being asked to do so, but that it

might be of advantage to the U.S. Government for him to dispel

illusions which might exercise a baneful influence on its

determination.

M. Mercier reports the conversation to-day to his Government. I

think it as well, at all events for the present, not to put it into

an official despatch, but it might perhaps be well that Lord Cowley

should know that I am disposed to speak in very high terms of the

moral support given to my demands by M. Mercier.

I am told that the Senate is still more angry about the combined

expedition against Mexico than about the _Trent_ affair. They will

hardly be so absurd as to manifest their displeasure in such a way

as to add France and Spain to their adversaries.

P.S.--I have kept M. Mercier _au courant_ of all my communications,

confidential as well as official, with Mr. Seward, but I have given

no information as to either to any one else.

There was now nothing to be done but to sit and wait for the American

reply. It arrived on December 27, in the shape of a note from Mr. Seward

of the most portentous length abounding in exuberant dialectics, but the

gist of which was contained in the two following short paragraphs:--

'The four persons in question are now held in military custody at Fort

Warren in the State of Massachusetts. They will be cheerfully liberated.

'Your lordship will please indicate a time and place for receiving

them.'

The question of peace or war had hung in the balance for weeks, but the

victory was complete, and British diplomacy achieved a success which was

not equalled until Fashoda supplied a somewhat similar case in 1897.

So far from being intoxicated with his remarkable triumph, as would have

been the case with some diplomatists, Lord Lyons communicated the news

to Lord Russell in matter-of-fact terms which were typical of his calm

and practical nature.

* * * * *

Washington, Dec. 27, 1861.

It is of course impossible for me to give an opinion upon the

argumentation in Mr. Seward's voluminous note. Time barely admits of

its being read and copied before the messenger goes. But as the four

prisoners are given up, immediately and unconditionally, it is quite

clear to my mind that you will not wish me to decide the question

of peace or war without reference to you. A rupture of diplomatic

relations, not followed by war, would be worse than war itself, for

after that, nothing but actual hostilities would ever convince the

Americans that there was any limit to our forbearance.

I hope, however, that the Note will, on further examination, be

deemed sufficient. In that case it might not be unadvisable to give

credit to Mr. Seward, in speaking to Mr. Adams, and the more so

perhaps because Mr. Adams is, or at all events was, devoted to Mr.

Seward and his policy. I cannot say that my general opinion of Mr.

Seward has undergone any change; but without inquiring into his

motives, I must allow him the merit of having worked very hard and

exposed his popularity to very great danger.

I shall not be able to give you any information to-day as to the

effect produced upon the public. Mr. Seward has begged me to keep

the answer a secret until to-morrow. He intends to publish it in the

newspapers here to-morrow, and has sent a copy to New York to be

published simultaneously there. In the latter case it will be

conveyed to the public in Europe, as well as to you, by the same

packet which takes this letter. Mr. Seward told me he 'had been

through the fires of Tophet' in order to get the prisoners

surrendered.

I have seen with very great satisfaction that you have informed Mr.

Adams, in answer to the remonstrances about Mr. Bunch, that H.M.

Government must and will hold communication with the Confederate

Government. I am also extremely glad that the instructions to the

Consuls on the subject have been sent to the Admiral to forward, not

to me. In fact, if we are able to maintain peace with the U.S. it

will be very desirable to separate the Consuls in the South as much

as possible from this Legation. It will hardly be possible for me to

keep well with the Government here, if I am supposed to have the

direction of communication with the enemy's Government.

I think it very important, with a view to the preservation of peace,

that advantage should be taken of the opportunity to put Canada into

a state of defence; and indeed (as I said in a despatch which I

wrote in May last) to provide for the security of all our

possessions on both sides of this Continent. While Canada, in

particular, is apparently defenceless, the Americans will never

believe that we contemplate the possibility of war. And it must

never be forgotten that when they make peace with the South, they

may have a large army to provide with employment, and an immense

amount of popular dissatisfaction and humiliation to find a safety

valve for.

My intention is to propose to Mr. Seward that I shall send a

man-of-war or a British mail packet to Boston to receive the

prisoners. I should propose that they should go in the first

instance to Halifax. But I should suggest to the Captain to consult

their wishes as far as possible, but certainly _not_ to take them to

a Confederate port. Neither of the ships of war at New York would, I

suppose, be large enough to take them across the Atlantic, but I do

not think I ought to refuse to provide them with a passage to

Europe, if they ask for one. This seems due to them, inasmuch as it

was the failure of the British flag to afford them protection which

lost them their passage on board the _Trent_. Of course if they go

in a mail packet, I shall take precautions against any risk of an

'heroic' Captain applying the doctrines maintained here and bringing

the packet before an American Prize Court for adjudication. In any

case I shall give a caution to the Commander of the ship which takes

them, that they are not to be received with honours or treated

otherwise than as distinguished _private_ gentlemen.

Those who have not seen the Americans near, will probably be much

more surprised than I am at the surrender of the prisoners. I was

sure from the first that they would give in, if it were possible to

convince them that war was really the only alternative. My

difficulty has been to make them aware that it was surrender or war,

without making such threats as would render the humiliation too

great to be borne. This was the object of my confidential

communications with Mr. Seward before I gave him your despatch.

The main point having been gained, it remained to settle how the

surrender of the prisoners could best be carried out without causing

unnecessary ill-feeling and arousing a popular agitation which might

drive the United States Government into committing some high-handed

action in order to maintain itself. It was finally decided that, in

order to avoid the trouble which Mr. Seward feared from the inhabitants

of Boston, they should embark at Provincetown. They were accordingly

conveyed in an American ship from Fort Warren to Provincetown, and there

embarked on a British warship for Halifax, it having been expressly

stipulated that the transfer should not take place at night. From

Halifax they proceeded subsequently to Europe.

* * * * *

_Lord Lyons to Lord Russell._

Washington, Dec. 31, 1861.

The Americans are putting the best face they can upon the surrender

of Slidell and Mason, and as far as has depended upon me I have done

everything to make the pill as easy to swallow as possible. But I

cannot disguise from myself that the real cause of the yielding was

nothing more nor less than the military preparations made in

England. They are horribly out of humour and looking out for some

mode of annoying us without danger to themselves. There is a talk of

discriminative duties on British goods, of a non-intercourse Act,

and other absurdities. What is more serious is a proposal, which it

is said will be introduced into Congress next week, to repeal the

Act for carrying into effect the Reciprocity Treaty. This would be a

direct breach of the treaty, and would of course be an indisputable

_casus belli_. It has often been suggested before, in the old belief

that we should bear anything rather than go to war with the U.S. I

hope they have had a lesson which will make them wiser.

I cannot help fearing that it is as necessary as ever, nay more than

ever necessary, to be prepared to give a warm reception whether to

regular invaders or to filibusters from the U.S. who may make an

attempt upon Canada. In fact I am not reassured respecting the

maintenance of peace. For the present we have some security in Mr.

Seward. For he must do his best to maintain peace or he will have

made the sacrifice in the case of Mason and Slidell in vain. As in

that case, so in others, he sees now that besides the utter ruin of

the country, a war with us would give the ascendancy to the ultra

party who are opposed to him in the Cabinet and in Congress. He

fears too, and with great reason, that it would throw the country

into a state of anarchy, in which chiefs of a totally different

frame of mind from him would have the upper hand. But he may be

swept away, or, if he find it impossible to hold his position or his

own principles, turn round and play a desperate game with the

ultras. I have given him the opportunity of offering amends

spontaneously in three rather awkward matters, and, as you will see

by my despatches, he has been prompt in seizing it.

On reading his enormous note at leisure, I find that it is much more

of an apology than I thought from the hurried perusal which was all

I had time to give to it before I sent it off to you. But with your

letters before me, I should have taken much less _ad referendum_;

for the surrender of the prisoners is after all the main question.

On the other hand, I should not have gone out of my way to declare,

on my own responsibility, that the note was perfectly satisfactory,

unless it had contained a formal apology in plain words.

I have a better opinion of the Boston mob than Mr. Seward has, and

should have had very little fear of the prisoners being insulted, if

I had taken them from Fort Warren directly on board a British

man-of-war. I am not sorry however to spare the Bostonians (who are

among the most friendly to us of the Americans) what they might

consider a mortifying and humiliating spectacle. I have at Mr.

Seward's request not made the name of the place at which the

prisoners are to be transferred generally known. Indeed, I found

that many people were going to Boston to be present on the occasion,

and there is no advantage in having a crowd or a sensation about it.

It is sad to record that some of the American clergy showed a most

unchristianlike spirit in connection with the termination of the _Trent_

case; the following remarkable prayer uttered in the Senate affording an

instructive example:--

* * * * *

Thirty-Seventh Congress--Second Session.

In Senate--Monday, December 30, 1861.

[Prayer by Revd. Dr. Sunderland.]

O Thou, just Ruler of the world, in this hour of our trial, when

domestic treason stabs at the nation's heart, and foreign arrogance

is emboldened to defeat the public justice of the world, we ask help

of Thee for our rulers and our people, that we may patiently,

resolutely, and with one heart abide our time; for it is indeed a

day of darkness and reproach--a day when the high principle of human

equity, constrained by the remorseless sweep of physical and armed

force, must for the moment succumb under the plastic forms of soft

diplomacy. Yet, in the face of this, will we not be shaken in our

conviction that Thou art ever with him who, in the interest of human

liberty and the Christian faith, by all the means in his power works

righteousness and defends the truth.

O God, give to this our nation honesty, unity and courage; bring

this unnatural rebellion to a speedy end; and then prepare us to

assert upon a broader scale, and with a vaster force, the

inalienable rights and responsibilities of man: through Jesus

Christ. Amen.

Upon the whole, except for occasional manifestations of ill-humour, such

as, for instance, a resolution in the House of Representatives in favour

of creating a great navy to 'defend the seas from the sway of an

arbitrary trident,' the surrender was taken quietly, and Mr. Seward

handsomely acknowledged the great consideration which had been shown by

Lord Lyons in his conduct of the negotiations.

Congratulations now began to pour in upon him, and Lord Russell wrote

that nothing could have been better than his conduct, and that his

patience, forbearance, and friendly discretion had gone far to secure

the favourable result obtained. Another communication from Lord Russell

intimated that the Queen, 'taking into consideration the judgment and

conciliatory temper which you have shown in your negotiations at

Washington, especially in regard to the _Trent_, has directed that you

should be raised to the rank of G.C.B.

In acknowledging these congratulations, Lord Lyons disclaimed having

performed any brilliant or striking service. The only merit which he

attributed to himself was that of having laboured quietly and sedulously

to smooth over difficulties and to carry out the instructions he

received from the Foreign Office. Writing to Mr. Hammond, he explained

that he had resisted the temptation 'to do something' 'which always

besets one when one is anxious about a matter'; and that from the first

he had been convinced that the more quiet he kept the better would be

the chance of the instructions from home producing their effect. To

other correspondents he expressed the view that it was the British

military preparations which had turned the scale in favour of peace.

It would, of course, be an exaggeration to attribute solely to Lord

Lyons the credit of having successfully prevented the calamity of a war

between England and the United States. That credit is in reality due to

others as well as to himself: to the Home Government for their prompt

and decisive precautions, to the Prince Consort for his timely

interposition, to the French Government for their loyal support at a

critical moment, and to the good sense eventually displayed by the

Americans themselves. But no one reading the _Trent_ correspondence can

fail to realize that the issue of peace or war depended to a great

extent upon the method in which the British representative at Washington

carried out his task, and that the slightest error in judgment on his

part would have rendered the conflict inevitable.

In after years Lord Lyons frequently expressed the opinion that if there

had then been telegraphic communication across the Atlantic it would

have been impossible to avert war, and it is more than likely that he

was correct, although it is improbable that many people realized it at

the time.

It is also evident that a judicious silence may occasionally be of

inestimable value. It not unfrequently happens that taciturnity is

mistaken for profundity--

'O, my Antonio, I do know of those,

That therefore only are reported wise

For saying nothing.'

and many a diplomatist and many a politician has gained a reputation for

excessive sagacity by possessing sufficient good sense to conceal his

ignorance by maintaining silence, but the restraint which enabled Lord

Lyons to refrain from saying a single word upon a question over which

the whole population of the United States was buzzing for six or seven

weeks was little else than an inspiration.

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