CHAPTER XXVI.

Relation with Great Britain.--Close of the Year 1860.--Prince of

Wales's Visit to the United States.--Exchange of Congratulatory

Notes.--Dawn of the Rebellion.--Lord Lyons's Dispatch.--Mr. Seward's

Views.--Lord John Russell's Threats.--Condition of Affairs at Mr.

Lincoln's Inauguration.--Unfriendly Manifestations by Great Britain.

--Recognizes Belligerency of Southern States.--Discourtesy to

American Minister.--England and France make Propositions to the

Confederate States.--Unfriendly in their Character to the United

States.--Full Details given.--Motives inquired into.--Trent Affair.

--Lord John Russell.--Lord Lyons.--Mr. Seward.--Mason and Slidell

released.--Doubtful Grounds assigned.--Greater Wrongs against us

by Great Britain.--Queen Victoria's Friendship.--Isolation of United

States.--Foreign Aid to Confederates on the Sea.--Details given.--

So-called Neutrality.--French Attempt to establish an Empire in

Mexico.--Lord Palmerston in 1848, in 1859, in 1861.--Conclusive

Observations.

At the close of the year 1860 the long series of irritating and

dangerous questions which had disturbed the relations of the United

States and Great Britain, from the time of the Declaration of

Independence, had reached final and friendly solution. The fact

gave unalloyed satisfaction to the American people and to their

Government. Mr. Buchanan was able to say in his message of December,

in language which Lord Lyons truly described as "the most cordial

which has appeared in any President's message since the foundation

of the Republic,"--

"Our relations with Great Britain are of the most friendly character.

Since the commencement of my Administration the two dangerous

questions arising from the Clayton-Bulwer Treaty and from the right

of search claimed by the British Government have been amicably and

honorably adjusted. The discordant constructions of the Clayton-

Bulwer Treaty, which at different periods of the discussion bore

a threatening aspect, have resulted in a final settlement entirely

satisfactory to this government. The only question of any importance

which still remains open is the disputed title between the two

governments to the Island of San Juan in the vicinity of Washington

Territory." It was obvious that neither government looked forward

to any trouble from this source.

To give manifestation of the cordiality with which our friendship

was reciprocated, Her Majesty had selected this auspicious year

for a visit of her son, the Prince of Wales, to this country. His

Royal Highness was received everywhere by the government and the

people with genuine and even enthusiastic hospitality, and at the

termination of his visit Lord Lyons was instructed to express the

thanks of Her Majesty.

"One of the main objects," His Lordship wrote to Secretary Cass on

the 8th of December, 1860, "which Her Majesty had in view in

sanctioning the visit of His Royal Highness was to prove to the

President and citizens of the United States the sincerity of those

sentiments of esteem and regard which Her Majesty and all classes

of her subjects entertain for the kindred race which occupies so

distinguished a position in the community of nations. Her Majesty

has seen with the greatest satisfaction that her feelings and those

of her people in this respect have been met with the warmest sympathy

in the great American Union; and Her Majesty trusts that the feelings

of confidence and affection, of which late events have proved beyond

all question the existence, will long continue to prevail between

the two countries to their mutual advantage and to the general

interests of civilization and humanity. I am commanded to state

to the President that the Queen would be gratified by his making

known generally to the citizens of the United States her grateful

sense of the kindness with which they received her son, who has

returned to England deeply impressed with all he saw during his

progress through the States, and more especially so with the friendly

and cordial good will manifested towards him on every occasion by

all classes of the community."

Mr. William Henry Trescott, then Assistant Secretary of State,

replied to Lord Lyons's note without delay, writing on the 11th of

December: "I am instructed by the President to express the

gratification with which he has learned how correctly Her Majesty

has appreciated the spirit in which His Royal Highness was received

throughout the Republic, and the cordial manifestation of that

spirit by the people of the United States which accompanied him in

every step of his progress. Her Majesty has justly recognized that

the visit of her son aroused the kind and generous sympathies of

our citizens, and, if I may so speak, has created an almost personal

interest in the fortunes of the Royalty which he so well represents.

The President trusts that this sympathy and interest towards the

future representative of the Sovereignty of Great Britain are at

once an evidence and a guaranty of that consciousness of common

interest and mutual regard which have bound in the past, and will

in the future bind together more strongly than treaties, the feelings

and the fortunes of the two nations which represent the enterprise,

the civilization, and the constitutional liberty of the same great

race. I have also been instructed to make this correspondence

public, that the citizens of the United States may have the

satisfaction of knowing how strongly and properly Her Majesty has

appreciated the cordial warmth of their welcome to His Royal

Highness."

VISIT OF THE PRINCE OF WALES.

Time was soon to test "the sincerity of those sentiments of esteem

and regard which Her Majesty and all classes of her subjects

entertain for the kindred race which occupies so distinguished a

position in the community of nations." Within a few days after

the exchange of this correspondence it became the duty of Lord

Lyons to announce to his government that the domestic differences

"in the great American Union" were deepening into so fierce a feud

that from different motives both General Cass the Secretary of

State, to whom his letter had been addressed, and Mr. Trescott the

Assistant Secretary of State, by whom it had been answered, had

resigned, and that the United States, one "of the two great nations

which represent the enterprise, the civilization, and the constitutional

liberty of the same great race," was about to confront the gravest

danger that can threaten national existence.

The State of South Carolina passed its Ordinance of Secession

December 17, 1860. From that date until the surrender of Fort

Sumter, April 14, 1861, many of the most patriotic and able statesmen

of the country and a large majority of the people of the North

hoped that some reasonable and peaceful adjustment of the difficulties

would be found. The new Administration had every right to expect

that foreign powers would maintain the utmost reserve, both in

opinion and in action, until it could have a fair opportunity to

decide upon a policy. The great need of the new President was

time. Both he and his advisers felt that every day's delay was a

substantial gain, and that the maintenance of the _status quo_,

with no fresh outbreak at home and no unfriendly expression aborad,

was of incalculable advantage to the cause of the Union.

Amid the varying and contradictory impressions of the hour, Lord

Lyons had reported events as they occurred, with singular fairness

and accuracy. Just one month before Mr. Lincoln was inaugurated,

on the 4th of February, 1861, His Lordship wrote to Lord John

Russell, at that time Her Majesty's Minister of Foreign Affairs:

"Mr. Seward's real view of the state of the country appears to be

that if bloodshed can be avoided until the new government is

installed, the seceding States will in no long time return to the

Confederation. He seems to think that in a few months the evils

and hardships produced by secession will become intolerably grievous

to the Southern States, that they will be completely re-assured as

to the intentions of the Administration, and that the conservative

element which is now kept under the surface by the violent pressure

of the Secessionists will emerge with irresistible force. From

all these causes he confidently expects that when elections for

the State Legislatures are held in the Southern States in November

next, the Union party will have a clear majority and will bring

the seceding States back into the Confederation. He then hopes to

place himself at the head of a strong Union party having extensive

ramifications both in the North and in the South, and to make 'Union

or Disunion, not Freedom or Slavery,' the watchwords of political

parties." It can scarcely escape notice how significant, even at

this early period, is the use in this dispatch of the word

"confederation" as applied to the United States,--a use never before

made of it in diplomatic communication since the establishment of

the Constitution, and indicating, only too clearly, the view to be

taken by the British Government of the relation of the States to

the Union.

Whatever may have been the estimate at home of the policy attributed

to Mr. Seward, it was certainly one which would commend itself to

the sympathy of a friendly nation, and one, to the success of which

no neutral power would hesitate to contribute all the aid it could

rightfully render. The dispatch of Lord Lyons was received in

London on the 18th of February, and on the 20th Lord John Russell

replied as follows: "The success or failure of Mr. Seward's plans

to prevent a disruption of the North-American Union is a matter of

deep interest to Her Majesty's Government, but they can only expect

and hope. They are not called upon nor would they be acting

prudently were they to obtrude their advice on the dissentient

parties in the United States. Supposing however that Mr. Lincoln,

acting under bad advice, should endeavor to provide excitement for

the public mind by raising questions with Great Britain, Her

Majesty's Government feel no hesitation as to the policy they would

pursue. They would in the first place be very forbearing. They

would show by their acts how highly they value the relations of

peace and amity with the United States. But they would take care

to let the government which multiplied provocations and sought for

quarrels understand that their forbearance sprung from the

consciousness of strength and not from the timidity of weakness.

They would warn a government which was making political capital

out of blustering demonstrations that our patience might be tried

too far."

THREATS FROM LORD JOHN RUSSELL.

It is impossible to mistake the spirit or the temper of this

dispatch. It is difficult to account for the manifest irritation

of its tone except upon the ground that Lord John Russell saw in

a possible reconciliation, between North and South, something that

threatened the interest or jarred upon the sympathy of the British

Government. It was at least sufficient and ominous warning of what

the United States might expect from "the confidence and affection"

which had only a few weeks before been outpoured so lavishly by

Her Majesty's Government. The fact is worthy of emphasis that

since the cordial interchange of notes touching the visit of the

Prince of Wales there had not been a single word of unkindness in

the correspondence of the two governments. But our embarrassments

had been steadily deepening, and according to many precedents in

the career of that illustrious statesman, Lord John seems to have

considered the period of our distress a fitting time to assert that

"British forbearance springs from the consciousness of strength

and not from the timidity of weakness."

On the 4th of March, 1861, the administration of Mr. Lincoln assumed

the responsibility of government. At that date the organization

of the Southern Confederacy had not been perfected. Four States

which ultimately joined it had not yet seceded from the Union.

There had been no overt act of violence. The Administration still

believed in the possibility of a peaceful settlement. But on the

12th of April Fort Sumter was attacked. On the 14th it was

surrendered. On the 15th the President issued his Proclamation

calling out seventy-five thousand militia and summoning Congress

to meet on the 4th of July. On the 17th the President of the

Confederacy authorized the issue of letters of marque. On the 19th

the President of the United States proclaimed a blockade of the

Southern ports and declared that privateers with letters of marque

from the Southern Confederacy would be treated as pirates.

This condition of affairs rendered the relation of foreign powers

to the Union and to the Confederacy at once urgent and critical.

It is true that Fort Sumter had surrendered to a warlike demonstration,

but fortunately no blood had been shed. It is true that letters

of marque had been authorized, but none had been actually issued.

It is true that a blockade had been proclaimed, but some time must

elapse before it could be practically enforced. All that can be

said is that the rebellion had organized itself with promptness

and courage for a conflict. There was still a pause. Neither

party thoroughly realized the horror of the work before them, though

every day made it more clearly apparent. Until then the United

States was the only organized government on our soil known to

England, and with it she had for three-quarters of a century

maintained commercial and political relations which had grown closer

and more friendly every year. The vital element of that government

was Union. Whatever might be the complicated relations of their

domestic law, to the world and to themselves the United States of

America was the indivisible government. This instinct of union

had gathered them together as colonies, had formed them into an

imperfect confederation, had matured them under a National

Constitution. It gave them their vigor at home, their power and

influence abroad. To destroy their union was to resolve them into

worse than colonial disintegration.

But the separation of the States was more than the dissolution of

the Union. For, treating with all due respect the conviction of

the Southern States as to the violation of their constitutional

rights, no fair-minded man can deny that the central idea of the

secession movement was the establishment of a great slave-holding

empire around the Gulf of Mexico. It was a bold and imperial

conception. With an abounding soil, with millions of trained and

patient laborers, with a proud and martial people, with leaders

used to power and skilled in government, controlling some of the

greatest and most necessary of the commercial staples of the world,

the haughty oligarchy of the South would have founded a slave

republic which, in its successful development, would have changed

the future of this continent and of the world. When English

statesmen were called upon to deal with such a crisis, the United

States had a right to expect, if not active sympathy, at least that

neutrality which would confine itself within the strict limit of

international obligation, and would not withhold friendly wishes

for the preservation of the Union.

RELATIONS OF ENGLAND AND THE UNION.

England had tested slowly but surely the worth of the American

Union. As the United States had extended its territory, had

developed in wealth, had increased in population, richer and richer

had become the returns to England's merchants and manufacturers;

question after question of angry controversy had been amicably

settled by the conviction of mutual, growing, and peaceful interests.

And while it had become a rhetorical truism with English historians

and statesmen, that relations with the independent Republic were

stronger, safer, and more valuable than those of the old colonial

connection, her own principles of constitutional liberty were re-

invigorated by the skill and the breadth with which they were

applied and administered by her own children in a new country.

England could not but know that all this was due to the Union,--

the Union which had concentrated the weakness of scattered States

into a government that protected the citizen and welcomed the

immigrant, which carried law and liberty to the pioneer on the

remotest border, which had made of provincial villages centres of

wealth and civilization that would not have discredited the capitals

of older nations, and which above all had created a Federal

representative government whose successful working might teach

England herself how to hold together the ample colonies that still

formed the outposts of her Empire.

More than all, a Cabinet, every member of which by personal relation

of tradition connection belonged to the great liberal party that

felt the achievement of Emancipation to be a part of its historic

glory, should have realized that no diminution of a rival, no

monopoly of commerce, could bring to England any compensation for

the establishment of a slave-holding empire upon the central waters

of the world.

With this natural expectation the Government in less than sixty

days after Mr. Lincoln's inauguration, sent its minister to London,

confident that he would at least be allowed to present to the

British Government for friendly consideration, the condition and

policy of the Republic before any positive action should disturb

the apparently amicable relations of the two countries. Mr. Charles

Francis Adams, who was selected for this important duty, was

instructed to explain to the British Government that the peculiar

relation of the States to the Federal Government, and the reticence

and reservations consequent upon a change of administration, had

hitherto restrained the action of the President in the formation

and declaration of his policy; that without foreign interference

the condition of affairs still afforded reasonable hope of a

satisfactory solution; and especially that it was necessary, if

there existed a sincere desire to avoid wrong and injury to the

United States, for foreign powers to abstain from any act of

pretended neutrality which would give material advantage or moral

encouragement to the organized forces of the rebellion.

Before Mr. Adams could cross the Atlantic the British Government,

although aware of his mission and its object, decided upon its own

course, in concerted action with France, and without reference to

the views or wishes or interest of the United States. On the day

before Mr. Adams's arrival in England, as if to give him offensive

warning how little his representations would be regarded, Her

Majesty's Government issued a proclamation recognizing the confederated

Southern States as belligerents. It is entirely unnecessary to

discuss the question of the right to recognize belligerency. The

great powers of Europe had the same right to recognize the Southern

Confederacy as a belligerent that they had to recognize it as an

established nationality, and with the same consequences,--all

dependent upon whether the fact so recognized were indeed a fact.

But the recognition of belligerency or independence may be the

means to achieve a result, and not simply an impartial acquiescence

in a result already achieved. The question therefore was not

whether foreign powers had a right to recognize, but whether the

time and method of such recognition were not distinctly hostile,--

whether they were not the efficient and coldly calculated means to

strengthen the hands of the Rebellion.

Events proved that if the English Government had postponed this

action until the Government of the United States had been allowed

a frank discussion of its policy, no possible injury to English

interests could have resulted. It was but a very short time before

the rebellion assumed proportions that led to the recognition of

the Confederacy as a belligerent by the civil, judicial, and military

authorities of the Union; a recognition by foreign powers would

then have been simply an act of impartial neutrality. But, declared

with such precipitancy, recognition could be regarded only as an

act of unfriendliness to the United States. The proof of this is

inherent in the case:--

1. The purpose of the secession, openly avowed from the beginning,

was the dissolution of the Union and the establishment of an

independent slave-empire; and the joint recognition was a declaration

that such a result, fraught with ruin to us, was not antagonistic

to the feelings or to the supposed interests of Europe, and that

both the commercial ambition of England and the military aspirations

of France in Mexico hoped to find profit in the event.

ENGLAND'S RECOGNITION OF BELLIGERENCY.

2. This recognition of belligerency in defiance of the known wishes

and interests of the United States, accompanied by the discourteous

refusal to allow a few hours' delay for the reception of the American

minister, was a significant warning to the seceded States that no

respect due to the old Union would long delay the establishment of

new relations, and that they should put forth all their energies

before the embarrassed Administration could concentrate its efforts

in defense of the National life.

3. The recognition of the belligerent flag of the Southern

Confederacy, with the equal right to supplies and hospitality,

guarantied by such recognition, gave to the insurgents facilities

and opportunities which were energetically used, and led to

consequences which belong to a later period of this history, but

the injury and error of which were emphatically rebuked by a judgment

of the most important tribunal that has ever been assembled to

interpret and administer international law.

The demand which naturally followed for a rigid enforcement of the

blockade, imposed a heavy burden upon the Government of the United

States just at the time when it was least prepared to assume such

a burden. Apologists for the unfriendly course of England interpose

the plea that the declaration of blockade by the United States was

in fact a prior recognition of Southern belligerency. But it must

be remembered that when the United States proposed to avoid this

technical argument by closing the insurgent ports instead of

blockading them, Mr. Seward was informed by Lord Lyons, acting in

concert with the French minister, that Her Majesty's Government

"would consider a decree closing the ports of the South actually

in possession of the insurgent or Confederate States, as null and

void, and that they would not submit to measures on the high seas

in pursuance of such decree." Bitterly might Mr. Seward announce

the fact which has sunk deep into the American heart: "It is indeed

manifest in the tone of the speeches, as well as in the general

tenor of popular discussion, that neither the responsible ministers

nor the House of Commons nor the active portion of the people of

Great Britain sympathize with this government, and hope, or even

wish, for its success in suppressing the insurrection; and that on

the contrary the whole British nation, speaking practically, desire

and expect the dismemberment of the Republic."

This very decided step towards a hostile policy was soon followed

by another even more significant. On the 9th of May, 1861, only

a few days before the Proclamation of Her Britannic Majesty,

recognizing the belligerency of the Southern Confederacy and thus

developing itself as a part of a concerted and systematic policy,

Lord Cowley, the British Ambassador at Paris, wrote to Lord John

Russell: "I called this afternoon on M. Thouvenel, Minister of

Foreign Affairs, for the purpose of obtaining his answer to the

proposals contained in your Lordship's dispatch of the 6th inst.

relative to the measures which should be pursued by the Maritime

Powers of Europe for the protection of neutral property in presence

of the events which are passing in the American States. M. Thouvenel

said the Imperial Government concurred entirely in the views of

Her Majesty's Government in endeavoring to _obtain of the belligerents_

a _formal_ recognition of the second, third, and fourth articles

of the Declaration of Paris. Count de Flahault (French Ambassador

in London) would receive instructions to make this known officially

to your Lordship. With regard to the manner in which this endeavor

should be made, M. Thouvenel said that he thought a communication

should be addressed to both parties _in as nearly as possible the

same language_, the consuls being made the organs of communication

with the Southern States."

Communicating this intelligence to Lord Lyons in a dispatch dated

May 18, 1861, Lord John Russell added these instructions: "Your

Lordship may therefore be prepared to find your French colleague

ready to take the same line with yourself in his communications

with the Government of the United States. I need not tell your

Lordship that Her Majesty's Government would very gladly see a

practice which is calculated to lead to great irregularities and

to increase the calamities of war renounced by _both_ the contending

parties in America as it has been renounced by almost _every other

nation_ in the world. . . . You will take such measures as you

shall judge most expedient to transmit to Her Majesty's consul at

Charleston or New Orleans a copy of my previous dispatch to you of

this day's date, to be communicated at Montgomery to the President

of the so-styled Confederate States."

The identity of the address and the equality upon which both the

belligerents were invited to do what had been done by "almost every

other _nation_ of the world" need not be emphasized.

ACTION OF CONFEDERATE GOVERNMENT.

On July 5, 1861, Lord Lyons instructed Mr. Bunch, the British Consul

at Charleston, South Carolina:--

"The course of events having invested the States assuming the title

of Confederate States of America with the character of belligerents,

it has become necessary for Her Majesty's Government to obtain from

the existing government in those States securities concerning the

proper treatment of neutrals. I am authorized by Lord John Russell

to confide the negotiation on this matter to you, and I have great

satisfaction in doing so. In order to make you acquainted with

the views of Her Majesty's Government, I transmit to you a duplicate

of a dispatch to me in which they are fully stated." His Lordship

then proceeded to instruct the consul as to the manner in which it

might be best to conduct the negotiation, the object being to avoid

as far as possible a direct official communication with the

authorities of the Confederate States. Instructions to the same

purport were addressed by the French Government to their consul at

Charleston.

What then was the point of the negotiations committed to these

consuls? It will be found in the dispatch from Lord John Russell,

communicated by his order to Mr. Bunch. It was the accession of

the United States and of the Confederate States to the Declaration

of Paris of April 16, 1856. That Declaration was signed by the

Ministers of Austria, France, Great Britain, Prussia, Russia,

Sardinia, and Turkey. It adopted as article of Maritime Law the

following points:--

"1. Privateering is and remains abolished.

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

contraband of war.

"3. Neutral goods, with the exception of contraband of war, are

not liable to capture under the enemy's flag.

"4. Blockades in order to be binding must be effective,--that is

to say, maintained by a force sufficient really to prevent access

to the coast of the enemy."

The Powers signing the Declaration engaged to bring it to the

knowledge of those Powers which had not taken part in that Congress

of Paris, and to invite them to accede to it; and they agreed that

"the present Declaration is not and shall not be binding except

between those Powers which have acceded or shall accede to it."

It was accepted by all the European and South American Powers.

The United States, Mexico, and the Oriental Powers did not join in

the general acceptance.

The English and French consuls in Charleston, having received these

instructions, sought and found an intermediary whose position and

diplomatic experience would satisfy the requirements. This agent

accepted the trust on two conditions,--one, that he should be

furnished with the instructions as proof to the Confederate Government

of the genuineness of the negotiation, the other, that the answer

of the Confederate Government should be received in whatever shape

that government should think proper to frame it. The negotiations

in Richmond which had by this time become the seat of the Insurgent

Government were speedily concluded, and on the 13th of August,

1861, the Confederate Government passed the following resolution:--

"WHEREAS the Plenipotentiaries of Great Britain, Austria, France,

Prussia, Russia, Sardinia, and Turkey, in a conference held at

Paris on the 16th of April, 1856, made certain declarations concerning

Maritime Law, to serve as uniform rules for their guidance in all

cases arising out of the principles thus proclaimed;

"AND WHEREAS it being desirable not only to attain certainty and

uniformity as far as may be practicable in maritime law, but also

to maintain whatever is just and proper in the established usages

of nations, the Confederate States of America deem it important to

declare the principles by which they will be governed in their

intercourse with the rest of mankind: Now therefore be it

"_Resolved_, by the Congress of the Confederate States of America,

"1st, That we maintain the right of privateering as it has been

long established by the practice and recognized by the law of

nations.

"2d, That the neutral flag covers enemy's goods with the exception

of contraband of war.

"3d, That neutral goods, with the exception of contraband of war,

are not liable to capture under the enemy's flag.

"4th, Blockades in order to be binding must be effective; that is

to say, maintained by a force sufficient really to prevent access

to the coast of the enemy."

ENGLAND, FRANCE, AND THE CONFEDERACY.

"These resolutions," says Mr. Bunch to Lord Lyons on Aug. 16, 1861,

"were passed on the 13th inst., approved on the same day by the

President, and I have the honor to enclose herewith to your Lordship

the copy of them which has been sent to Mr. ---- by the Secretary

of State to be delivered to M. de Belligny and myself." On Aug.

30, 1861, Lord Lyons wrote to Lord John Russell: "I have received,

just in time to have the enclosed copy made for your Lordship, a

dispatch from Mr. Consul Bunch reporting the proceedings taken by

him in conjunction with his French colleague M. de Belligny to

obtain the adherence of the so-called Confederate States to the

last three articles of the Declaration of Paris;" and a few days

later he says, "I am confirmed in the opinion that the negotiation,

which was difficult and delicate, was managed with great tact and

judgment by the two consuls."

Upon the discovery of this "difficult and delicate negotiation,"

Mr. Seward demanded the removal of Mr. Bunch. Lord John Russell

replied to Mr. Adams Sept. 9, 1861, "The undersigned will without

hesitation state to Mr. Adams that in pursuance of an agreement

between the British and French Government, Mr. Bunch was instructed

to communicate to the persons exercising authority in the so-called

Confederate States the desire of those governments that the second,

third, and fourth articles of the Declaration of Paris should be

observed by those States in the prosecution of the hostilities in

which they were engaged. Mr. Adams will observe that the commerce

of Great Britain and France is deeply interested in the maintenance

of the articles providing that the flag covers the goods, and that

the goods of a neutral taken on board a belligerent ship are not

liable to confiscation. Mr. Bunch, therefore, in what he has done

in this matter, has acted in obedience to the instructions of his

government, who accept the responsibility of his proceedings so

far as they are known to the Foreign Department, and who cannot

remove him from his office for having obeyed instructions."

Here then was a complete official negotiation with the Confederate

States. Mr. Montagu Bernard, in his ingenious and learned work,

_The Neutrality of Great Britain during the American War_, conceals

the true character of the work in which the British Government had

been engaged: "The history of an unofficial application made to

the Confederate States on the same subject is told in the two

following dispatches. It will be seen that the channel of

communication was a private person instructed by the British and

French consuls, who had been themselves instructed by the ministers

of their respective governments at Washington." The presence of

a private intermediary at one point cannot break the chain of

official communication if the communications are themselves official.

For certain purposes the governments of England and France consulted

and determined upon a specific line of policy. That policy was

communicated in regular official instructions to their minister in

Washington. The Ministers were to select the instruments to carry

it out, and the persons selected were the official consular

representatives of France and England, who although residing at

the South held their _exequatures_ from the United-States Government.

They were instructed to make a political application to the government

of the Confederacy, and Lord John Russell could not disguise that

government under the mask of "the persons exercising authority in

the so-called Confederate States." Their application was received

by the Confederate Government through their agent just as it would

have been received through the mail addressed to the Secretary of

State. Their application was officially acted upon by the Confederate

Congress, and the result contained in an official document was

transmitted to them, and forwarded by them to their immediate

official superiors in Washington, who recognized it as a successful

result of "a difficult and delicate negotiation." It was then sent

to the Foreign Secretaries of the two countries, and the responsibility

of the act was fully and finally assumed by those ministers.

Nor can it be justified as an application to a belligerent, informing

him that in the exercise of belligerent rights England and France

would expect a strict conformity to International Law. The four

articles of the Treaty of Paris were not provisions of International

Law. They were explicit modifications of that law as it had long

existed, and the Declaration itself stated that it was not to bind

any of the Powers which had not agreed expressly to accept it. It

was therefore an invitation, not to a belligerent but to the Southern

Confederacy, to accept and thus become a part to an international

compact to which in the very nature of things there could be no

parties save those whose acceptance constituted an international

obligation. It has never yet been claimed that a mere insurgent

belligerent, however strong, occupied such position. If instead

of declaring by resolution that the second, third, and fourth

articles of the Declaration of Paris were principles which by their

own voluntary action they would adopt as rules for their own

government, the Confederate States had, with an astute policy which

the invitation itself seems intended to suggest, demanded that they

should be allowed to accept the Declaration in the same method in

which it had been accepted "by every other nation," it is difficult

to see how their demand could have been refused; and if it has been

admitted, what would have been wanting to perfect the recognition

of the independence of the Southern Confederacy?

THE PARIS CONVENTION.

The motive of England and France in this extraordinary negotiation

with the Confederacy is plain. The right of privateering was not

left untouched except with deep design. By securing the assent of

the Confederacy to the other three articles of the Paris Convention,

safety was assured to British and French cargoes under the American

flag, while every American cargo was at risk unless protected by

a Foreign flag--generally the flag of England. It would have been

impossible to invent a process more gainful to British commerce,

more harmful to American commerce. While the British and French

consuls were conducting this negotiation with the Confederate

States, the British and French ministers were conducting another

to the same purport with the United States. Finally Mr. Seward

offered to waive the point made by Secretary Marcy many years before

at the date of the Declaration, and to accept the four articles of

the Paris Convention, pure and simple. But his could not be done,

because the Confederate States had not accepted the first article

abolishing privateering and her privateers must therefore be

recognized. England and France used this fact as a pretext for

absolutely declining to permit the accession of the United States,

one of the great maritime powers of the world, to a treaty which

was proclaimed to be a wise and humane improvement of the old and

harsh law of nations, and to which in former years the United States

had been most earnestly invited to give her assent. This course

throws a flood of light on the clandestine correspondence with the

Confederacy, and plainly exposes the reasons why it was desired

that the right of privateering should be left open to the Confederates.

Through that instrumentality great harm could be inflicted on the

United States and at the same time England could be guarded against

a cotton famine. To accomplish these ends she negotiated what was

little less than a hostile treaty with an Insurgent Government.

This action was initiated before a single battle was fought, and

was evidently intended as encouragement and inspiration to the

Confederates to persist in their revolutionary proceedings against

the Government of the United States. Any reasonable man, looking

at the condition of affairs, could not doubt that the public

recognition of the independence of the Confederacy by England and

France, was a foregone and rapidly approaching conclusion.

With this condition of affairs leading necessarily to a more

pronounced unfriendliness, an incident occurred towards the close

of the year which seriously threatened a final breach of amicable

relations. On the 9th of November, 1861, Captain Wilkes of the

United-States steamer _San Jacinto_, seized the persons of James

M. Mason and John Slidell, ministers from the Southern Confederacy,

and their secretaries, on board the British mail-steamer _Trent_

on her way from Havana to Kingston. Messrs. Mason and Slidell were

accredited by the Executive of the Southern Confederacy to the

Governments of England and France. Their avowed object was to

obtain the recognition by those governments of the independence of

the new Southern Republic, and their success would have been a most

dangerous if not a fatal blow to the cause of the Union. But they

were not by any recognized principle of international law contraband

of war, and they were proceeding from a neutral port to a neutral

port in a neutral vessel. The action of the officer who seized

them was not authorized by any instructions, and the seizure was

itself in violation of those principles of maritime law for which

the United States had steadily and consistently contended from the

establishment of its national life. The difficulty of adjustment

lay not in the temper or conviction of either government, but in

the passionate and very natural excitement of popular feeling in

both countries. In the United States there was universal and

enthusiastic approval of the act of Captain Wilkes. In England

there was an equally vehement demand for immediate and signal

reparation.

LORD JOHN RUSSELL AND LORD LYONS.

Lord John Russell, after reciting the facts, instructed Lord Lyons

in a dispatch of Nov. 30, 1861: "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." In a dispatch of the same date Lord John Russell

says to Lord Lyons: "In my previous dispatch of this date I have

instructed you by command of Her Majesty to make certain demands

of the Government of the United States. Should Mr. Seward ask for

delay in order that this grave and painful matter should be

deliberately considered, you will consent to a delay not exceeding

seven days. If at the end of that time no answer is given, or if

any other answer is given except that of compliance with the demands

of Her Majesty's Government, your Lordship is instructed to leave

Washington with all the members of your Legation, bringing with

you the archives of the Legation, and to repair immediately to

London. If however you should be of opinion that the requirements

of Her Majesty's Government are substantially complied with you

may report the facts to Her Majesty's Government for their

consideration, and remain at your post until you receive further

orders." The communication of this peremptory limitation of time

for a reply would have been an offensive threat; but it was a

private instruction to guide the discretion of the minister, not

to be used if the condition of things upon its arrival promised an

amicable solution. It must also in justice be remembered that

excited feeling had been shown by different departments of our own

Government as well as by the press and the people. The House of

Representatives had unanimously adopted a resolution thanking

Captain Wilkes "for his brave, adroit, and patriotic conduct;" and

the Secretary of the Navy, Mr. Gideon Welles, had publicly and

officially approved his action.

The spirit in which Lord Lyons would receive his instructions was

indicated in advance by his own dispatch to Lord John Russell of

Nov. 19, 1861: "I have accordingly deemed it right to maintain

the most complete reserve on the subject. To conceal the distress

which I feel would be impossible, nor would it if possible be

desirable; but I have expressed no opinion on the questions of

international law involved; I have hazarded no conjecture as to

the course which will be taken by Her Majesty's Government. On

the one hand I dare not run the risk of compromising the honor and

inviolability of the British flag by asking for a measure of

reparation which may prove to be inadequate. On the other hand I

am scarcely less unwilling to incur the danger of rendering a

satisfactory settlement of the question more difficult by making

a demand which may turn out to be unnecessarily great. In the

present imperfect state of my information I feel that the only

proper and prudent course is to wait for the orders which your

Lordship will give, with a complete knowledge of the whole case.

I am unwilling moreover to deprive any explanation or reparation

which the United-States Government may think it right to offer, of

the grace of being made spontaneously. I know too that a demand

from me would very much increase the main difficulty which the

government would feel in yielding to any disposition which they

may have to make amends to Great Britain. The American people

would more easily tolerate a spontaneous offer of reparation made

by its government from a sense of justice than a compliance with

a demand for satisfaction from a foreign minister."

In accordance with the sentiments thus expressed, Lord Lyons,

interpreting his discretion liberally and even generously, called

upon Mr. Seward on the 19th of December, 1861, and the following

is his official account of the interview: "The Messenger Seymour

delivered to me at half-past eleven o'clock last night your Lordship's

dispatch of the 30th ultimo, specifying the reparation required by

Her Majesty's Government for the seizure of Mr. Mason and Mr.

Slidell and their secretaries on board the royal mail-steamer

_Trent_. I waited on Mr. Seward this afternoon at the State

Department, and acquainted him in general terms with the tenor of

that dispatch. I stated in particular, as nearly as possible in

your Lordship's words, that the only redress which could satisfy

Her Majesty's Government and Her Majesty's people would be the

immediate delivery of the prisoners to me in order that they might

be placed under British protection, and moreover a suitable apology

for the aggression which had been committed. I added that Her

Majesty's Government hoped that the Government of the United States

would of its own accord offer this reparation; that it was in order

to facilitate such an arrangement that I had come to him without

any written demand, or even any written paper at all, in my hand;

that if there was a prospect of attaining this object I was willing

to be guided by him as to the conduct on my part which would render

its attainment most easy. Mr. Seward received my communication

seriously and with dignity, but without any manifestation of

dissatisfaction. Some further conversation ensued in consequence

of questions put by him with a view to ascertain the exact character

of the dispatch. At the conclusion he asked me to give him to-

morrow to consider the question and to communicate with the President.

On the day after he should, he said, be ready to express an opinion

with respect to the communication I had made. In the mean time he

begged me to be assured that he was very sensible of the friendly

and conciliatory manner in which I had made it."

SECRETARY SEWARD AND LORD LYONS.

On the 26th of December Mr. Seward transmitted to Lord Lyons the

reply of the United States to the demand of the British Government.

In forwarding it to his Government Lord Lyons said: "Before

transmitting to me the note of which a copy enclosed in my immediately

preceding dispatch of to-day's date, Mr. Seward sent for me to the

State Department, and said with some emotion that he thought that

it was due to the great kindness and consideration which I had

manifested throughout in dealing with the affair of the _Trent_,

that he should tell me with his own lips that he had been able to

effect a satisfactory settlement of it. He had now however been

authorized to address to me a note which would be satisfactory to

Her Majesty's Government. In answer to inquiries from me Mr. Seward

said that of course he understood Her Majesty's Government to leave

it open to the Government of Washington to present the case in the

form which would be most acceptable to the American people, but

that the note was intended to be and was a compliance with the

terms proposed by Her Majesty's Government. He would add that the

friendly spirit and discretion which I had manifested in the whole

matter from the day on which the intelligence of the seizure reached

Washington up to the present moment had more than any thing else

contributed to the satisfactory settlement of the question."

In his reply Mr. Seward took the ground that we had the right to

detain the British vessel and to search for contraband persons and

dispatches, and moreover that the persons named and their dispatches

were contraband. But he found good reason for surrendering the

Confederate envoys in the fact that Captain Wilkes had neglected

to bring the _Trent_ into a Prize Court and to submit the whole

transaction to Judicial examination. Mr. Seward certainly strained

the argument of Mr. Madison as Secretary of State in 1804 to a most

extraordinary degree when he apparently made it cover the ground

that we would quietly have submitted to British right of search if

the "Floating Judgment-seat" could have been substituted by a

British Prize Court. The seizure of the _Trent_ would not have

been made more acceptable to the English Government by transferring

her to the jurisdiction of an American Prize-Court, unless indeed

that Court should have decided, as it most probably would have

decided, that the seizure was illegal. Measuring the English demand

not by the peremptory words of Lord John Russell but by the kindly

phrase in which Lord Lyons in a personal interview verbally

communicated them, Mr. Seward felt justified in saying that "the

claim of the British Government is not made in a discourteous

manner." Mr. Seward did not know that at the very moment he was

writing these conciliatory words, British troops were on their way

to the Dominion of Canada to menace the United States, and that

British cannon were shotted for our destruction.

Lord John Russell, however much he might differ from Mr. Seward's

argument, found ample satisfaction to the British Government in

his conclusion. He said in reply: "Her Majesty's Government having

carefully taken into their consideration the liberation of the

prisoners, the delivery of them into your hands, and the explanations

to which I have just referred, have arrived at the conclusion that

they constitute the reparation which Her Majesty and the British

nation had a right to expect." And thus, by the delivery of the

prisoners in the form and at the place least calculated to excite

or wound the susceptibilities of the American people, this dangerous

question was settled. It is only to be regretted that the spirit

and discretion exhibited by the eminent diplomatist who represented

England here with such wisdom and good temper, had not been adopted

at an earlier date and more steadily maintained by the British

Government. It would have prevented much angry controversy, much

bitter feeling; it would have averted events and consequences which

still shadow with distrust a national friendship that ought to be

cordial and constant.

ENGLAND, FRANCE, PRUSSIA, AND AUSTRIA.

The painful event impressed upon the Government of the United States

a profound sense of its isolation from the sympathy of Europe.

The principle of maritime law, which was so promptly and rigorously

applied, was one for which the United States had contended in its

weakness against the usages of the world and against the arms of

Great Britain. There was apparent now an eager resolution to

enforce it, when that enforcement was sure to embarrass us and to

provoke a spirit of derisive triumph in our foes. It was clear

that no effort would be spared to restrict our belligerent rights

within the narrowest possible limits. Not content with leaving us

to settle this question with England, France and Prussia and Austria

hastened to inform us in language professedly friendly, that England

would be supported in her demand for reparation, cost what it might

to us in prestige, and in power to deal with the Rebellion at home.

At this time there was but one among the great nations of the world

which adhered to an active and avowed friendship for us. "We desire

above all things the maintenance of the American Union as one

indivisible nation," was the kindly and always to be remembered

greeting that came to us from the Emperor of Russia.

The profound ability exhibited by Mr. Seward as Secretary of State

has long been acknowledged and emphasized by the admiration and

gratitude of the country. In the _Trent_ affair he acted under a

pressure of circumstances more harassing and perplexing than had

ever tested the skill of American diplomacy. It is with no

disposition to detract from the great service rendered by him that

a dissent is expressed from the ground upon which he placed the

surrender of Mason and Slidell. It is not believed that the doctrine

announced by Mr. Seward can be maintained on sound principles of

International Law, while it is certainly in conflict with the

practice which the United States had sought to establish from the

foundation of the Government. The restoration of the envoys on

any such apparently insufficient basis did not avoid the mortification

of the surrender; it only deprived us of the fuller credit and

advantage which we might have secured from the act. It is to be

regretted that we did not place the restoration of the prisoners

upon franker and truer ground, viz., that their seizure was in

violation of the principles which we had steadily and resolutely

maintained--principles which we would not abandon either for a

temporary advantage or to save the wounding of our National pride.

The luminous speech of Mr. Sumner, when the papers in the _Trent_

case were submitted to Congress, stated the ground for which the

United States had always contended with admirable precision. We

could not have refused to surrender Mason and Slidell without

trampling upon our own principles and disregarding the many precedents

we had sought to establish. But it must not be forgotten that the

sword of precedent cut both ways. It was as absolutely against

the peremptory demand of England for the surrender of the prisoners

as it was against the United States for the seizure of them.

Whatever wrong was inflicted on the British Flag by the action of

Captain Wilkes, had been time and again inflicted on the American

flag by officers of the English Navy,--without cause, without

redress, without apology. Hundreds and thousands of American

citizens had in time of peace been taken by British cruisers from

the decks of American vessels and violently impressed into the

naval service of that country.

Lord Castlereagh practically confessed in Parliament that this

offense against the liberty of American citizens had been repeated

thirty-five hundred times. According to the records of our own

department of State as Mr. Sumner alleges "the quarter-deck of a

British man-of-war had been made a floating judgment-seat six

thousand times and upwards, and each time some citizen or other

person was taken from the protection of our national flag without

any form of trial whatever." So insolent and oppressive had British

aggression become before the war of 1812, that Mr. Jefferson in

his somewhat celebrated letter to Madame de Stael-Holstein of May

24, 1813, said, "No American could safely cross the ocean or venture

to pass by sea from one to another of our own ports. _It is not

long since they impressed at sea two nephews of General Washington

returning from Europe, and put them, as common seamen, under the

ordinary discipline of their ships of war_."

After the war of 1812 these unendurable insults to our flag were

not repeated by Great Britain, but her Government steadily refused

to make any formal renunciation of her right to repeat them, so

that our immunity from like insults did not rest upon any better

foundation than that which might be dictated by considerations of

interest and prudence on the part of the offending Power. The

wrong which Captain Wilkes committed against the British flag was

surely not so great as if he had seized the persons of British

subjects--subjects, if you please, who were of kindred blood to

one who stands as high in the affection of the British people as

Washington stands in the affection of the American people,--if

indeed there be such a one in English tradition.

The offense of Captain Wilkes was surely far below that in the

essential quality of outrage. He had not touched the hair of a

British subject's head. He had only removed from the hospitality

and shelter of a British ship four men who were bent on an errand

of destruction to the American Union. His act cannot be justified

by the canons of International Law as our own Government has

interpreted and enforced them. But in view of the past and of the

long series of graver outrages with which Great Britain had so

wantonly insulted the American flag, she might have refrained from

invoking the judgment of the civilized world against us, and

especially might she have refrained from making in the hour of our

sore trial and our deep distress, a demand which no British Minister

would address to this Government in the day of its strength and

its power.

FRIENDLY POSITION OF THE QUEEN.

It would be ungracious to withhold an expression of the lasting

appreciation entertained in this country of the course pursued by

Her Majesty, the Queen of England, throughout this most painful

ordeal. She was wiser than her Ministers, and there can be little

doubt but for her considerate interposition, softening the rigor

of the British demand, the two nations would have been forced into

war. On all the subsequent occasions for bitterness towards England,

by reason of the treatment we experienced during the war, there

was an instinctive feeling among Americans that the Queen desired

peace and good will, and did not sympathize with the insidious

efforts at our destruction, which had their origin in her dominions.

It was fortunate that the disposition of the Queen, and not of her

Ministry, was represented in Washington by Lord Lyons. The good

sense and good temper of His Lordship were of inestimable value to

both countries, in making the task of Mr. Seward practicable,

without increasing the resentment of our people.

It was well that the Government and people of the United States

were so early taught that their value to the world of foreign

principles, foreign feeling, and foreign interests was only what

they could themselves establish; that in this contest they must

depend upon themselves; and that the dissolution of their National

Unity and the destruction of their free, popular Government from

the lack of courage and wisdom in those whose duty it was to maintain

them, would not be unwelcome to the Principalities and Powers that

"were willing to wound, but yet afraid to strike." This is not

the time to describe the vacillating and hesitating development of

this hostile policy; but as the purpose of the United-States

Government grew more steady, more resolute, and more self-reliant,

a sickening doubt seemed to becloud the ill-concealed hope of our

ruin. It was not long until the brave and deluded rebels of the

South learned that there was no confidence to be placed in the

cruel and selfish calculation which encouraged their desperate

resistance with the show of sympathy, but would not avow an open

support or make a manly sacrifice in their behalf.

This initial policy of foreign powers had developed its natural

consequences. It not only excited but it warranted in the Southern

Confederacy the hope of early recognition. It seemed impossible

that, with this recognized equality between the belligerents, there

would not occur somewhere just such incidents as the seizure of

the _Trent_ or the capture of the _Florida_ which would render it

very difficult to maintain peaceful relations between foreign Powers

and the United States. The neutrality laws were complicated. Men-

of-war commanded by ambitious, ardent, and patriotic officers would

sometimes in the excitement of honorable feeling, sometimes in

mistaken sense of duty, vindicate their country's flag; while it

was the interest of the officers of the Confederate cruisers, as

bold and ingenious men who ever commanded ship, to create, wherever

they could, difficulties which would embarrass the interests of

neutrals and intensify between the United States and foreign Powers

the growing feeling of distrust. Thus from month to month the

Government of the United States could never feel secure that there

would not arise questions which the indignation of its own people

and the pride and latent hostility of foreign government would

place beyond the power of friendly adjustment. Such questions did

arise with England, France, Brazil, Spain, and even with Mexico,

which the common disinclination to actual war succeeded in postponing

rather than settling. But as the civil war went on, three classes

of questions took continuous and precise shape. Their scope and

result can be fully and fairly considered. These were--

1. The building and equipping of Confederate cruisers and their

treatment as legitimate national vessels of war in the home and

colonial ports of foreign powers.

2. The establishment at such ports as Nassau, in the immediate

vicinity of the blockaded ports of the Southern States, of depots

of supplies, which afforded to the Confederates enormous advantages

in the attempt to break the blockade.

3. The distinct defiance of the traditional policy of the United

States by the invasion of the neighboring Republic of Mexico for

the avowed purpose of establishing there a foreign and monarchical

dynasty.

SECRET SERVICE OF THE CONFEDERACY.

No sooner had Her Brittanic Majesty's proclamation, recognizing

the belligerent rights of the Southern Confederacy, been issued,

than a naval officer of remarkable ability and energy was sent from

Montgomery to Liverpool. In his very interesting history of the

services rendered by him, that officer says: "The chief object of

this narrative is to demonstrate by a plain statement of facts that

the Confederate Government, through their agents, did nothing more

than all other belligerents have heretofore done in time of need;

namely, tried to obtain from every possible source the means

necessary to carry on the war in which they were engaged, and that

in so doing they took particular pains to understand the municipal

law of those countries in which they sought to supply their wants,

and were especially careful to keep with the statutes. . . .

"The object of the Confederate Government was not merely to build

a single ship, but it was to maintain a permanent representative

of the Navy Department abroad, and to get ships and naval supplies

without hindrance so long as the war lasted. To effect this purpose

it was manifestly necessary to act with prudence and caution and

to do nothing in violation of the municipal law, because a single

conviction would both expose the object and defeat the aim." His

solicitor "therefore drew up a case for counsel's opinion and

submitted it to two eminent barristers, both of whom have since

filled the highest judicial positions. The case was submitted;

was a general and not a specific proposition. It was not intimated

for what purpose and on whose behalf the opinion was asked, and

the reply was therefore wholly without bias, and embraced a full

exposition of the Act in its bearing upon the question of building

and equipping ships in Her Majesty's dominions.

"The inferences drawn from the investigation of the Act by counsel

were put in the following form by my solicitor:--

"'1. It is no offense (under the Act) for British subjects to

equip, etc., a ship at some country _without_ Her Majesty's dominions

though the intent be to cruise against a friendly State.

"'2. It is no offense for _any_ person (subject or no subject) to

_equip_ a ship _within_ Her Majesty's dominions if it be _not_ done

with the intent to cruise against a friendly State.

"'3. The mere building of a ship _within_ Her Majesty's dominions

by any person (subject or no subject) is no offense, _whatever may

be the intent of the parties_, because the offense is not in the

_building_, but the _equipping_.

"'Therefore any ship-builder may build any ship in Her Majesty's

dominions, provided he does not equip her within Her Majesty's

dominions, and he had nothing to do with the acts of the purchasers

done _within_ Her Majesty's dominions without his concurrence, or

without Her Majesty's dominions even with his concurrence.'"--

[BULLOCK's _Secret Service of the Confederate States_, vol. i, pp.

65-67.]

It is an amazing courtesy which attributes to the eminent counsel

a complete ignorance of the object and purpose for which their

weighty opinion was sought in the construction of British law.

Such ignorance is feigned and not real, and the pretense of its

existence indicates either on the part of the author or the counsel

a full appreciation of the deadly consequences of that malign

interpretation of England's duty for which two illustrious members

of the English Bar were willing to stand sponsors before the world.

Conceding, as we fairly may concede, that the decision in the case

of the _Alexandra_ is confirmatory of the opinion given by these

leaders of the British bar, the result was simply the establishment

and administration of the Naval Department of the Confederacy in

England. There was its chief, there were its financial agents,

there its workshops. There were its vessels armed and commissioned.

Thence they sailed on their mission of destruction, and thither

they returned to repair their damages, and to renew their supplies.

Under formal contracts with the Confederate Government the colonial

ports of Nassau and the Bermudas were made depots of supplies which

were drawn upon with persistent and successful regularity. The

effects of this thoroughly organized system of so-called neutrality

that supplied ports, ships, arms, and men to a belligerent which

had none, are not matters of conjecture or exaggeration; they have

been proven and recorded. In three years fifteen million dollars'

worth of property was destroyed,--given to the flame or sunk beneath

the waters,--the shipping of the United States was reduced one-

half, and the commercial flag of the Union fluttered with terror

in every wind that blew, form the whale-fisheries of the Arctic to

the Southern Cross.

MINISTER DAYTON'S INDIGNANT PROTEST.

With this condition of affairs, permitted and encouraged by England

and France, our distinguished minister at Paris was justified in

saying to the Government of Louis Napoleon on the reception of the

Confederate steamer _Georgia_ at Brest, in language which though

but the bare recital of fact was of itself the keenest reproach to

the French Government:--

"The _Georgia_, like the _Florida_, the _Alabama_, and other scourges

of peaceful commerce, was born of that unhappy decree which gave

the rebels who did not own a ship-of-war or command a single port

the right of an ocean belligerent. Thus encouraged by foreign

powers they began to build and fit out in neutral ports a class of

vessels constructed mainly for speed, and whose acknowledged mission

is not to fight, but to rob, to burn, and to fly. Although the

smoke of burning ships has everywhere marked the track of the

_Georgia_ and the _Florida_ upon the ocean, they have never sought

a foe or fired a gun against an armed enemy. To dignify such

vessels with the name of ships-of-war seems to me, with deference,

a misnomer. Whatever flag may fly from their mast-head, or whatever

power may claim to own them, their conduct stamps them as piratical.

If vessels of war even, they would by this conduct have justly

forfeited all courtesies in ports of neutral nations. Manned by

foreign seamen, armed by foreign guns, entering no home port, and

waiting no judicial condemnation of prizes, they have already

devastated and destroyed our commerce to an extent, as compared

with their number, beyond any thing known in the records of

privateering."

It would seem impossible that such a state of things could be the

result of the impartial administration of an honest neutrality.

It must be attributed to one of two causes;--either the municipal

law of foreign countries was not sufficient to enable the governments

to control the selfishness or the sentiment of their people,--to

which the reply is obvious that the weakness and incompetence of

municipal law cannot diminish or excuse international obligations:

or it must have been due to a misconception of the obligations

which international law imposes. How far there may have been a

motive for this misconception, how far the wish was father to the

thought of such misconstruction, it is perhaps needless now to

inquire. The theory of international law maintained by the foreign

Powers may be fairly stated in two propositions:--

1. That foreign Powers had the right, and in due regard to their

own interests were bound, to recognize belligerency as a fact.

2. That belligerents once recognized, were equals and must be

treated with the same perfect neutrality.

It is not necessary to deny these propositions, but simply to

ascertain their real meaning. In its primary and simple application,

the law of belligerency referred to two or more belligerents,

equally independent. Its application to the case of insurgents

against an established and recognized government is later, involves

other and in some respects different considerations, and cannot

even now be regarded as settled. To recognize an insurgent as a

belligerent is not to recognize him as fully the equal of the

government from which he secedes. This would be simply to recognize

his independence. The limitation which international law places

upon this recognition is stated in the English phrase, "the right

to recognize belligerency as a fact;"--that is, to recognize the

belligerent to the extent of his war capacity but no farther. The

neutral cannot on this principle recognize in the belligerent the

possession of any power which he does not actually possess, although

in the progress of the contest such power may be developed.

The Southern Confederacy had an organized government and great

armies. To that extent its power was a fact. But when foreign

governments recognized in the insurgents the rights of ocean

belligerency, they went beyond the fact. They were actually giving

to the Confederacy a character which it did not possess and which

it never acquired. For the Confederacy had not a ship or an open

port. Whenever an insurgent power claims such right, it must be

in condition to assume and discharge the obligation which such

rights impose. When any power, insurgent or recognized, claims

such right,--the right to fly its flag, to deal in hostility with

the commerce of the world, to exercise dangerous privileges which

may affect the interests and complicate the relations of other

nations,--it must give to the world a guaranty that it is both able

and willing to administer the system of maritime law under which

it claims such rights and powers, by submitting its action to the

regular and formal jurisdiction of Prize Courts. Strike the Prize

Court out of modern maritime law and the whole system falls, and

capture on the sea becomes pure barbarism,--distinguished from

piracy only by the astuteness of a legal technicality. The Southern

Confederacy could give no guaranty. Just as it undertook to

naturalize foreign seamen upon the quarter-deck of its roving

cruisers, so it undertook to administer a system of maritime law

which precluded the most solemn and important of its provisions--

a judicial decision--and converted the humane and legal right of

capture into an absolute and a ruthless decree of destruction. No

neutral has the right to make or accept such an interpolation into

the recognized and essential principles of the law of maritime

warfare.

ENGLAND'S MALIGNANT NEUTRALITY.

The application of this so-called neutrality to both the so-called

belligerents was not designed nor was it practicable. In referring

to the obligation of the neutral to furnish no assistance to either

of the belligerents, one of the oldest and most authoritative of

international law writers says: "I do not say to give assistance

equally but to give no assistance, for it would be absurd that a

state should assist at the same time two enemies. And besides it

would be impossible to do it with equality: the same things, the

like number of troops, the like quantity of arms and munitions

furnished under different circumstances are no longer equivalent

succors." Assistance is not a theoretical idea; it is a plain,

practical, unmistakable fact. When the United States had, at vast

cost and by incredible effort, shut the Southern Confederacy from

the sea and blockaded its ports against the entry of supplies, when

that government had no resources within its territory by which it

could put a ship upon the ocean, or break the blockade from within,

then it was that England allowed Confederate officers to camp upon

her soil, organize her labor, employ her machinery, use her ports,

occupy her colonial stations, almost within sight of the blockaded

coast, and to do this continuously, systematically, defiantly.

By these acts the British government gave the most valuable assistance

to the South and actually engaged in defeating the military operations

of the United States. There was no equivalent assistance which

Great Britain could or did render to the United States. They might

have rendered other assistance, but none which would compensate

for this. Let it be supposed for one moment that Mexico had

practiced, on the other side of the Rio Grande, the same sort of

neutrality,--that she had lined the bank of the river with depots

of military supplies; that she had allowed officers of the Confederate

army to establish themselves and organize a complete system for

the receipt of cotton and the delivery of merchandise on her

territory; that her people had served as factors, intermediaries,

and carriers,--would any reasonable interpretation of international

law consider such conduct to be impartial neutrality? But illustration

does not strengthen the argument. The naked statement of England's

position is its worst condemnation. Her course, while ingeniously

avoiding public responsibility, gave unceasing help to the Confederacy

--as effective as if the intention had been proclaimed. The whole

procedure was in disregard of international obligation and was the

outgrowth of what M. Prevost-Paradol aptly charaterized as a

"malignant neutrality."

It cannot be said in reply that the Governments of England and

France were unable to restrain this demonstration of the sympathy,

this exercise of the commercial enterprise of their people. For

the time came when they did restrain it. As soon as it became

evident that the Confederacy was growing weaker, that with all its

marvelous display of courage and endurance it could not prevent

the final success of the Union, there was no longer difficulty in

arresting the building of the iron-clads on the Mersey; then the

watchfulness of home and colonial authorities was quickened; then

supplies were meted out scantily; then the dangers of a great slave

empire began to impress Ministerial consciences, and the same Powers

prepared to greet the triumph of the Union with well-feigned

satisfaction. But even if this change had not occurred the condition

of repressed hostility could not have lasted. It was war in disguise

--not declared, only because the United-States Government could

not afford to multiply its enemies, and England felt that there

was still uncertainty enough in the result to caution her against

assuming so great a risk. But the tension of the relation was

aptly described by Mr. Seward in July, 1863, when he said,--

"If the law of Great Britain must be left without amendment and be

construed by the government in conformity with the rulings of the

chief Baron of the Exchequer [the _Alexandra_ case] then there will

be left for the United States no alternative but to protect themselves

and their commerce against armed cruisers proceeding from British

ports as against the naval forces of a public enemy. . . . British

ports, domestic as well as colonial, are now open under certain

restrictions to the visits of piratical vessels, and not only

furnish them coals, provisions, and repairs, but even receive their

prisoners when the enemies of the United States come in to obtain

such relief from voyages in which they have either burned ships

they have captured, or have even manned and armed them as pirates

and sent them abroad as auxiliaries in the work of destruction.

Can it be an occasion for either surprise or complaint that if this

condition of things is to remain and receive the deliberate sanction

of the British Government, the navy of the United States will

receive instructions to pursue these enemies into the ports which

thus in violation of the law of nations and the obligations of

neutrality become harbors for the pirates? The President very

distinctly perceives the risks and hazards which a naval conflict

thus maintained will bring to the commerce and even to the peace

of the two countries. But he is obliged to consider that in the

case supposed, the destruction of our commerce will probably amount

to a naval war, waged by a portion at least of the British nation

against the government and people of the United States--a war

tolerated although not declared or avowed by the British Government.

If through the necessary employment of all our means of national

defense such a partial war shall become a general one between the

two nations, the President thinks that the responsibility for that

painful result will not fall upon the United States."

ENGLAND'S MALIGNANT NEUTRALITY.

The truth is that the so-called neutral policy of foreign Powers

was the vicious application of obsolete analogies to the conditions

of modern life. Because of the doctrine of belligerent recognition

had in its origin referred to nations of well established, independent

existence, the doctrine was now pushed forward to the extent of

giving ocean belligerency to an insurgent which had in reality no

maritime power whatever. It was an old and recognized principle

that the commercial relations of the neutral should not be interfered

with unless they worked positive injury to the belligerent. The

new application made the interests of neutral commerce the supreme

factor in determining how far belligerent rights should be respected.

The ship-building and carrying-trade of England were to be maintained

and encouraged at any cost to the belligerent. Under the old law,

a belligerent had the right to purchase a ship and a cargo, or a

neutral might run a blockade, taking all the risk of capture. By

the new construction, power was to be given to a belligerent to

transfer the entire administration of its naval service to foreign

soil, and to create and equip a navy which issued from foreign

waters, ready not for a dangerous journey to their own ports of

delivery, but for the immediate demonstration of hostile purpose.

No such absurd system can be found in the principles or precedents

of international law; no such system would be permitted by the

great powers of Europe if to-morrow they should engage in war.

The principle of this policy was essentially mercenary. It professed

no moral sense. It might be perfectly indifferent to the high or

the low issues which the contest between the belligerents involved;

it was deaf to any thing which might be urged by justice of humanity

or friendship; it was the cynical recognition of the truth of the

old proverb that "It is an ill wind which blows good to no one."

It was the same principle upon which England declares with audacious

selfishness that she cannot sacrifice that portion of her Indian

revenue which comes from the opium trade or the capital which is

invested in its growth and manufacture, and that China must therefore

take the poison which diseases and degrades her population. But

selfish as is this market-policy, it is a policy of circumstance.

It may be resisted with success or it may be abandoned because it

cannot succeed. It creates bitterness; it leads to war; it may in

its selfishness cause the destruction of a nation, but it does not

necessarily imply a desire for that destruction. But there was in

the foreign policy of Europe towards the United States during the

civil war the manifestation of a spirit more intense in its hostility,

more dangerous in its consequences. It was the spirit of enmity

to the Union itself, and the emphatic demonstration of this feeling

was the invasion of Mexico for the purpose of converting the republic

by force into an empire. Louis Napoleon's enterprise was distinctly

based on the utter destruction of the American Union.

The Declaration of Independence by the British Colonies in America

was something more than the creation of a new sovereignty. It was

the foundation of a new system both of internal government and

foreign relation, a system not entirely isolated from the affairs

of the Old World but independent of the dynastic complications and

the territorial interests which controlled the political conflicts

of Europe. At first, with its material resources undeveloped, its

territorial extension limited and surrounded by the colonies of

the great Powers, this principle although maintained as a conviction,

could not manifest itself in action. But it showed itself in that

abstinence from entangling alliances which would avoid the dangers

of even a too friendly connection. In time our territory expanded.

The colonies of foreign nations following our example became

independent republics whose people had the same aspirations, whose

governments were framed upon the same basis of popular right. The

rapidity of communication, supplied by the railroad and the telegraph,

facilitated and concentrated this political cohesion, and there

had been formed from the borders of Canada to the Straits of Magellan

a complete system of republics (to which Brazil can scarcely be

considered an exception) professing the same political creed, having

great commercial interests in common, and which with the extinction

of some few jealousies, were justified in the anticipation of a

prosperous and peaceful future. There was not an interest or an

ambition of a single one of these republics which threatened an

interest or an ambition of a single European power.

THE REPUBLICS OF AMERICA.

It needs no argument to show that the central element of the

stability of this system of American republics was the strength of

the Federal Union, its growth into a harmonious nationality, and

its ability to prevent anywhere on the two continents the armed

intervention of foreign Powers for the purpose of political

domination. This strength was known and this resolution publicly

declared, and it is safe to affirm that before 1861 or after 1865

not one nor all of the European Powers would have willingly challenged

this policy. But the moment the strength of the Union seemed

weakened, the moment that the leading Republic of this system found

itself hampered and embarrassed by internal dissensions, all Europe

--that Europe which upon the threatening of a Belgian fortress, or

the invasion of a Swiss canton, or the loss of the key to a church

in Jerusalem, would have written protocols, summoned conferences,

and mustered armies--quietly acquiesced in as wanton, wicked, and

foolish an aggression as ever Imperial folly devised. The same

monarch who appealed with confidence to Heaven when he declared

war to prevent a Hohenzollern from ascending the throne of Spain,

appealed to the same Heaven with equal confidence and equal success

when he declared war to force a Hapsburg upon the throne of Mexico.

The success of the establishment of a Foreign Empire in Mexico

would have been fatal to all that the United States cherished, to

all that it hoped peacefully to achieve. The scheme of invasion

rested on the assumption of the dissolution of the Union and its

division into two hostile governments; but aside from that possibility,

it threatened the United States upon the most vital questions. It

was at war with all our institutions and our habits of political

life, for it would have introduced into a great country on this

continent, capable of unlimited development, that curious and

mischievous form of government, that perplexing mixture of absolutism

and democracy,--imperial power supported by universal suffrage,--

which seems certain to produce aggression abroad and corruption at

home, and which must have injuriously influenced the political

growth of the Spanish-American Republics. Firmly seated in Mexico,

it would have spread through Central America to the Isthmus,

controlling all canal communications between the two oceans which

were the boundaries of the Union, while its growth upon the Pacific

Coast would have been in direct rivalry with the natural and

increasing power of the United States. Commanding the Gulf of

Mexico it would have controlled the whole commerce of the West-

Indian islands and radically changed their future. Bound by dynastic

connection, checked and directed by European influence, it could

not have developed a national policy in harmony with neighboring

States, but its existence and its necessary efforts at expansion

would have made it not only a constant menace to American Republics

but a source of endless war and confusion between the great Powers

of the world. The policy signally failed. But surely European

statesmen, without miraculous foresight, might have anticipated

that its success would have been more dangerous than its defeat,

and that the conservative strength of the Union might be even to

them an influence of good and not of evil.

FORMER VIEWS OF LORD PALMERSTON.

In 1859 Lord Palmerston wrote to Lord John Russell: "It is plain

that France aims through Spain at getting fortified points on each

side of the Gut of Gibraltar which in the event of war between

Spain and France on the one hand and England on the other would by

a cross fire render that strait very difficult and dangerous to

pass and thus virtually shut us out of the Mediterranean. . . .

The French Minister of War or of marine said the other day that

Algeria never would be safe till France possessed a port on the

Atlantic coast of Africa. Against whom would such a port make

Algeria safe? Evidently only against England, and how could such

a port help France against England? Only by tending to shut us

out of the Mediterranean." Later in the same year writing to the

same colleague, he says, "Till lately I had strong confidence in

the fair intentions of Napoleon towards England, but of late I have

begun to feel great distrust and to suspect that his formerly

declared intention of avenging Waterloo has only lain dormant and

has not died away. He seems to have thought that he ought to lay

his foundation by beating with our aid or with our concurrence or

our neutrality, first Russia, then Austria, and by dealing with

them generously to make them his friends in any subsequent quarrel

with us. . . . Next he has been assiduously laboring to increase

his naval means, evidently for offensive as well as for defensive

purposes, and latterly great pains have been taken to raise throughout

France and especially among the army and navy, hatred of England

and a disparaging feeling of our military and naval means."

Is it not strange that, even with such apprehensions, the destruction

of the Union was so welcome in England that it blinded the eyes of

her statesmen and her people? They should surely have seen that

the establishment of a Latin empire under the protection of France,

in the heart of the Spanish-American Republics, would open a field

far more dangerous to British interests than a combination for a

French port in Africa, and that in pursuing his policy the wily

Emperor was providing a throne for an Austrian archduke as a

compensation for the loss of Lombardy. There was a time when Lord

Palmerston himself held broader and juster views of what ought to

be the relations between England and the United States. In 1848

he suggested to Lord John Russell a policy which looked to a complete

unification of the interests of the two countries: "If as I hope,"

said His Lordship, "we shall succeed in altering our Navigation

Laws, and if as a consequence Great Britain and the United States

shall place their commercial marines upon a footing of mutual

equality with the exception of the coasting-trade and some other

special matters, might not such an arrangement afford us a good

opportunity for endeavoring to carry in some degree into execution

the wish which Mr. Fox entertained in 1783, when he wished to

substitute close alliance in the place of sovereignty and dependence

as the connecting link between the United States and Great Britain?

A treaty for mutual defense would no longer be applicable to the

condition of the two countries as independent Powers, but might

they not with mutual advantage conclude a treaty containing something

like the following conditions:--

"1. That in all cases of difference which may hereafter unfortunately

arise between the contracting parties, they will in the first place

have recourse to the mediation of some friendly Power, and that

hostilities shall not begin between them until every endeavor to

settle their difference by such means shall have proved fruitless.

"2. That if either of the two should at any time be at war with

any other Power, no subject or citizen of the other contracting

party shall be allowed to take out letters of marque from such

Power under pain of being treated and dealt with as a pirate.

"3. That in such case of war between either of the two parties

and a third Power, no subject or citizen of the other contracting

party shall be allowed to enter into the service naval or military

of such third Power.

"4. That in such case of war as aforesaid, neither of the contracting

parties shall afford assistance to the enemies of the other by sea

or by land, unless war should break out between the two contracting

parties themselves after the failure of all endeavors to settle

their differences in the manner specified in Article 1."

At the time Lord Palmerston expressed these opinions, we had just

closed the Mexican war, with vast acquisition of territory and with

a display of military power on distant fields of conquest which

surprised European statesmen. Our maritime interests were almost

equal to those of the United Kingdom, our prosperity was great,

the prestige of the Nation was growing. In the thirteen intervening

years between that date and the outbreak of the Southern Rebellion

we had grown enormously in wealth, our Pacific possessions had

shown an extraordinary production of precious metals, our population

had increased more than ten millions. If an alliance with the

United States was desirable for England in 1848, it was far more

desirable in 1861, and Lord Palmerston being Prime Minister in the

latter year, his power to propose and promote it was far greater.

Is there any reason that will satisfactorily account for His

Lordship's abandonment of this ideal relation of friendship between

the two countries except that he saw a speedier way of adding to

the power of England by conniving at the destruction of the Union?

His change from the policy which he painted in 1848 to that which

he acted in 1861 cannot be satisfactorily explained upon any other

hypothesis than that he could not resist the temptation to cripple

and humiliate the Great Republic.

FIXED POLICY OF THE UNITED STATES.

This brief history of the spirit rather than the events which

characterized the foreign relations of the United States during

the civil war, has been undertaken with no desire to revive the

feelings of burning indignation which they provoked, or to prolong

the discussion of the angry questions to which they gave rise.

The relations of nations are not and should not be governed by

sentiment. The interest and ambition of states, like those of men,

will disturb the moral sense and incline to one side or the other

the strict balance of impartial justice. New days bring new issues

and old passions are unsafe counselors. Twenty years have gone

by. England has paid the cost of her mistakes. The Republic of

Mexico has seen the fame and the fortunes of the Emperors who sought

her conquest sink suddenly--as into the pits which they themselves

had digged for their victims--and the Republic of the United States

has come out of her long and bitter struggle, so strong that never

again will she afford the temptation or the opportunity for unfriendly

governments to strike at her National life. Let the past be the

past, but let it be the past with all the instruction and the

warning of its experience.

The future safety of these continents rests upon the strength and

the maintenance of the Union, for had dissolution been possible,

events have shown with what small regard the interests or the honor

of either of the belligerents would have been treated. It has been

taught to the smaller republics that if this strength be shattered

they will be the spoil of foreign arms and the dependent provinces

again of foreign monarchs. When this contest was over, the day of

immaturity had passed and the United States stood before the world

a great and permanent Power. That Power can afford to bury all

resentments. Tranquil at home, developing its inexhaustible

resources with a rapidity and success unknown in history, bound in

sincere friendship, and beyond the possibility of a hostile rivalry,

with the other republics of the continents, standing midway between

Asia and Europe, a Power on the Pacific as well as on the Atlantic,

with no temptation to intermeddle in the questions which disturb

the Old World, the Republic of the United States desires to live

in amicable relation with all peoples, demanding only the abstinence

of foreign intervention in the development of that policy which

her political creed, her territorial extent, and the close and

cordial neighborhood of kindred governments have made the essential

rule of her National life.

[NOTE.--In the foregoing chapter the term "piratical" is used

without qualification in referring to the Southern cruisers, because

it is the word used in the quotations made. It undoubtedly

represented the feeling of the country at that time, but in an

impartial discussion of the events of the war the word cannot be

used with propriety. Our own Courts have found themselves unable

to sustain such a conclusion. Looking to the future it is better

to rest our objections to the mode of maritime warfare adopted by

the Confederacy upon a sound and enduring principle; viz., that

the recognition of ocean belligerency, when the belligerent cannot

give to his lawful exercise of maritime warfare the guaranty of a

prize jurisdiction, is a violation of any just or reasonable system

of international law. The Confederacy had the plea of necessity

for its course, but the jurisdiction of England for aiding and

abetting the practice has not yet been presented.]

[NOTE.--Her Britannic Majesty's principal ministers of State in

1861-2,--at the time of the correspondence touching the _Trent_

affair, referred to in the preceding chapter,--were as follows:--

_Premier_--Lord Palmerston.

_Lord High Chancellor_--Lord Westbury.

_Lord President of the Council_--Earl Granville.

_Lord Privy Seal_--The Duke of Argyll.

_Secretary for Foreign Affairs_--Lord John Russell.

_Secretary for the Colonies_--The Duke of Newcastle.

_Secretary for the Home Department_--Sir George Gray.

_Secretary of State for War_--Sir G. C. Lewis.

_Secretary of State for India_--Sir Charles Wood.

_Chancellor of the Exchequer_--Rt. Honorable W. E. Gladstone.

_Secretary for Ireland_--Rt. Honorable Edward Cardwell.

_Postmaster-General_--Lord Stanley of Alderney.

_President Board of Trade_--Rt. Honorable Charles Pelham Villiers.

The same Ministry, with unimportant changes, continued in power

throughout the whole period of the Rebellion in the United States.]

ADDENDUM.

The Tenth chapter of this volume having been given to the press in

advance of formal publication, many inquiries have been received

in regard to the text of Judge Black's opinion of November 20,

1860, referred to on pp. 231, 232. The opinion was submitted to

the President by Judge Black as Attorney-General. So much of the

opinion as includes the points which are specially controverted

and criticized is here given--about one-half of the entire document.

It is as follows:--

. . . "I come now to the point in your letter which is probably of

the greatest practical importance. By the Act of 1807 you may

employ such parts of the land and naval forces as you may judge

necessary for the purpose of causing the laws to be duly executed,

in all cases where it is lawful to use the militia for the same

purpose. By the Act of 1795 the militia may be called forth

'whenever the laws of the United States shall be opposed, or the

execution thereof obstructed, in any State by combinations too

powerful to be suppressed by the ordinary course of Judicial

proceedings, or by the power vested in the marshals.' This imposes

upon the President the sole responsibility of deciding whether the

exigency has arisen which requires the use of military force, and

in proportion to the magnitude of that responsibility will be the

care not to overstep the limits of his legal and just authority.

"The laws referred to in the Act of 1795 are manifestly those which

are administered by the judges, and executed by the ministerial

officers of the courts for the punishment of crime against the

United States, for the protection of rights claimed under the

Federal Constitution and laws, and for the enforcement of such

obligations as come within the cognizance of the Federal Judiciary.

To compel obedience to these laws, the courts have authority to

punish all who obstruct their regular administration, and the

marshals and their deputies have the same powers as sheriffs and

their deputies in the several States in executing the laws of the

States. These are the ordinary means provided for the execution

of the laws; and the whole spirit of our system is opposed to the

employment of any other, except in cases of extreme necessity

arising out of great and unusual combinations against them. Their

agency must continue to be used until their incapacity to cope with

the power opposed to them shall be plainly demonstrated. It is

only upon clear evidence to that effect that a military force can

be called into the field. Even then its operations must be purely

defensive. It can suppress only such combinations as are found

directly opposing the laws and obstructing the execution thereof.

It can do no more than what might and ought to be done by a civil

posse, if a civil posse could be raised large enough to meet the

same opposition. On such occasions, especially, the military power

must be kept in strict subordination to the civil authority, since

it is only in aid of the latter that the former can act at all.

"But what if the feeling in any State against the United States

should become so universal that the Federal officers themselves

(including judges, district attorneys, and marshals) would be

reached by the same influences, and resign their places? Of course,

the first step would be to appoint others in their stead, if others

could be got to serve. But in such an event, it is more than

probable that great difficulty would be found in filling the offices.

We can easily conceive how it might become altogether impossible.

We are therefore obliged to consider what can be done in case we

have no courts to issue judicial process, and no ministerial officers

to execute it. In that event troops would certainly be out of

place, and their use wholly illegal. If they are sent to aid the

courts and marshals, there must be courts and marshals to be aided.

Without the exercise of those functions which belong exclusively to

the civil service, the laws cannot be executed in any event, no

matter what may be the physical strength which the Government has

at its command. Under such circumstances, to send a military force

into any State, with orders to act against the people, would be

simply making war upon them.

"The existing laws put and keep the Federal Government strictly on

the defensive. You can use force only to repel an assault on the

public property and aid the Courts in the performance of their

duty. If the means given you to collect the revenue and execute

the other laws be insufficient for that purpose, Congress may extend

and make them more effectual to those ends.

"If one of the States should declare her independence, your action

cannot depend upon the righteousness of the cause upon which such

declaration is based. Whether the retirement of the State from

the Union be the exercise of a right reserved in the Constitution,

or a revolutionary movement, it is certain that you have not in

either case the authority to recognize her independence or to

absolve her from her Federal obligations. Congress, or the other

States in Convention assembled, must take such measures as may be

necessary and proper. In such an event, I see no course for you

but to go straight onward in the path you have hitherto trodden--

that is, execute the laws to the extent of the defensive means

placed in your hands, and act generally upon the assumption that

the present constitutional relations between the States and the

Federal Government continue to exist, until a new code of things

shall be established either by law or force.

"Whether Congress has the constitutional right to make war against

one or more States, and require the Executive of the Federal

Government to carry it on by means of force to be drawn from the

other States, is a question for Congress itself to consider. It

must be admitted that no such power is expressly given; nor are

there any words in the Constitution which imply it. Among the

powers enumerated in Article 1, Section 8, is that 'to declare war,

grant letters of marque and reprisal, and to make rules concerning

captures on land and water.' This certainly means nothing more

than the power to commence and carry on hostilities against the

foreign enemies of the nation. Another clause in the same section

gives Congress the power 'to provide for calling forth the militia,'

and to use them within the limits of the State. But this power is

so restricted by the words which immediately follow that it can be

exercised only for one of the following purposes: 1. To execute

the laws of the Union; that is, to aid the Federal officers in the

performance of their regular duties. 2. To suppress insurrection

against the State; but this is confined by Article 4, Section 4, to

cases in which the State herself shall apply for assistance against

her own people. 3. To repel the invasion of a State by enemies

who come from abroad to assail her in her own territory. All these

provisions are made to protect the States, not to authorize an

attack by one part of the country upon another; to preserve the

peace, and not to plunge them into civil war. Our forefathers do

not seem to have thought that war was calculated 'to form a more

perfect Union, establish justice, insure domestic tranquility,

provide for the common defense, promote the general welfare, and

secure the blessings of liberty to ourselves and our posterity.'

There was undoubtedly a strong and universal conviction among the

men who framed and ratified the Constitution, that military force

would not only be useless, but pernicious, as a means of holding

the States together.

"If it be true that war cannot be declared, nor a system of general

hostilities carried on by the Central Government against a State,

then it seems to follow that an attempt to do so would be _ipso

facto_ an expulsion of such State from the Union. Being treated

as an alien and an enemy, she would be compelled to act accordingly.

And if Congress shall break up the present Union by unconstitutionally

putting strife and enmity and armed hostility between different

sections of the country, instead of the domestic tranquility which

the Constitution was meant to insure, will not all the States be

absolved from their Federal obligations? Is any portion of the

people bound to contribute their money or their blood to carry on

a contest like that?

"The right of the General Government to preserve itself in its

whole constitutional vigor by repelling a direct and positive

aggression upon its property or its officers cannot be denied.

But this is a totally different thing from an offensive war to

punish the people for the political misdeeds of their State

Government, or to enforce an acknowledgment that the Government of

the United States is supreme. The States are colleagues of one

another, and if some of them shall conquer the rest, and hold them

as subjugated provinces, it would totally destroy the whole theory

upon which they are now connected.

"If this view of the subject be correct, as I think it is, then

the Union must utterly perish at the moment when Congress shall

arm one part of the people against another for any purpose beyond

that of merely protecting the General Government in the exercise

of its proper constitutional functions.

"I am, very respectfully, yours, etc.,

"J. S. BLACK."

ERRATUM.

In Chapter VIII., there is some inaccuracy in regard to the number

of killed in the John Brown raid at Harper's Ferry. According to

the official report of Colonel Robert E. Lee, U.S.A., who commanded

the military force that relieved Harper's Ferry, the insurgents

numbered in all nineteen men,--fourteen white, five colored. Of

the white men, ten were killed; two, John Brown and Aaron C. Stevens,

were badly wounded; Edwin Coppee, unhurt, was taken prisoner; John

E. Cooke escaped. Of the colored men, two were killed, two taken

prisoner, one unaccounted for.

THE APPENDICES.

The progress of the country, referred to so frequently in the text,

is strikingly illustrated and verified by the facts contained in the

several appendices which follow.

The appendices include a variety of subjects, and they have all

been selected with the view of showing the progress and development

of the Nation in the different fields of enterprise and human labor.

The tabular statements as to the population and wealth of the

country will be found especially accurate and valuable. The

statistics relating to Education and the Public Schools, to

Agriculture, to Railways, to Immigration, to the Army, to Shipping,

to the Coal and Iron Product, to National and State Banks, to the

Circulation of Paper Money, to the price of Gold, and to the Public

Debt, will be found full of interest.

Thanks are due and are cordially given to Mr. Joseph Nimmo, Jr.,

Chief of the Bureau of Statistics, and Mr. Charles W. Seaton,

Superintendent of the Census, for valuable aid rendered in the

preparation of the appendices.

Twenty Years of Congress, Vol. 1 From Lincoln to Garfield, with a Review of the Events Which Led to the Political Revolution of 1860 · 第 26 / 27 章