CHAPTER I.

THE TRENT AFFAIR

INCLUDING A

REVIEW OF ENGLISH AND AMERICAN RELATIONS

AT THE BEGINNING OF THE CIVIL WAR

BY THOMAS L. HARRIS, A. M.

WITH AN INTRODUCTION BY

JAMES A. WOODBURN, PH. D.

Professor of American History in the Indiana University.

[Illustration]

INDIANAPOLIS AND KANSAS CITY:

THE BOWEN-MERRILL COMPANY

1896.

Copyright 1896

BY

THE BOWEN-MERRILL COMPANY.

CONTENTS.

INTRODUCTION 7

CHAPTER.

I. Relations with England 11

II. English Sympathy for the Confederacy 21

III. The Question of Confederate Independence 31

IV. The Queen’s Neutrality Proclamation 37

V. English Negotiations with the Insurgents 53

VI. Mr. Seward’s Circular to the Governors of the Northern

States 61

VII. The First Efforts of the Confederates for Recognition

Abroad 69

VIII. James Murray Mason and John Slidell. The Nature

and Merits of Their Mission 79

IX. The Departure of the Commissioners for Europe 91

X. The Seizure 97

XI. The Effect in America 117

XII. The Effect in England 137

XIII. The British Demand 163

XIV. Consideration of the British Demand in America 175

XV. Views of Other European Nations Concerning the

Trent Case 195

XVI. The Answer of the Federal Government 211

XVII. The Surrender of Mason and Slidell 225

XVIII. Earl Russell’s View of the American Position 239

XIX. International Law in the Trent Case 247

XX. Reflections on the Course of the British Government 269

INTRODUCTION.

The history of the diplomatic relations between Great Britain and the

United States suggests an interesting and valuable field to the student

of Anglo-American history and international law. It is a fertile field,

still largely unworked. No one, so far as I know, has yet ventured upon

an exhaustive and connected discussion of the important subjects which

this theme involves. One of the most interesting and unwritten chapters

in this history is to be found in the relations between Great Britain

and the United States during our civil war, as illustrated in the case

of the Trent and the discussion to which this case gave rise. Much has

been written on this celebrated case. Mr. Harris has set for himself

the task of examining the literature of the subject, of reviewing

the original material, and placing in brief and accessible shape the

important and essential features of the discussion. All who wish a

ready access to a faithful review and complete resume of this notable

chapter in our foreign relations will appreciate his service.

The right of search is historically a very interesting subject. On

two notable occasions it brought us into serious collision with Great

Britain. One of these occasions was in the war of 1812, the other in

the affair of the Trent in 1861. The war of 1812 is to be studied

chiefly as a part of the history of international law. The reader who

turns his attention to this war will, therefore, desire to bring within

his view the history of the affair of the Trent. The merits of the two

discussions, in 1806-1812 and 1861, are inseparable. Mr. Madison and

Mr. Seward, the American contributors to the diplomatic literature of

this discussion, are to be considered together. It will thus be seen

that a competent account of the case of the Trent and the principles of

public law which it involves brings within the view a pretty wide range

of historical discussion.

One of the prominent causes of the war 1812 was the right, then claimed

by Great Britain, of searching the vessels of the United States upon

the high seas for British subjects, with the purpose of impressing

them into the service of the British navy. The way in which Great

Britain exercised this power of search did more than all other causes

combined to arouse irritation and antagonism in America. Mr. Webster,

in his correspondence with Lord Ashburton, in 1842, gave an American

definition of this assumed right. “England asserts the right,” says Mr.

Webster, “of impressing British subjects in time of war out of neutral

ships and of deciding by her visiting officers who among the crew of

such merchant ships are British subjects. She asserts this as a legal

prerogative of the crown, which prerogative is alleged to be founded on

the English law of perpetual and indissoluble allegiance of the subject

and his obligation, under all circumstances, and for his whole life, to

render military service to the crown whenever required.”

Great Britain did not renounce this right at Ghent in 1814, nor has she

at any time since specifically surrendered it. But the right of search,

for such a purpose as England then asserted it, is now obsolete. It

is safe to say that it will never again be attempted in time of war

against any vessel flying a neutral flag. American diplomacy has

contributed not a little to this desirable result.

In 1861 a public armed vessel of the United States forcibly searched an

English mail steamer for the purpose of recovering certain gentlemen

who were claimed as citizen subjects of the United States. The act

was not one of hostility toward England, nor as an act of search was

it nearly so provoking as many which had been previously committed

by Great Britain against us. The case arising out of this seizure

is a subject of the first importance in our national history, and

the result of the case, with the diplomatic discussion between Mr.

Seward and Lord Lyons, may be said to have finally established, as

permanent public law, the principle underlying the preceding historic

American contention on this subject. The history of the case, its

political aspects, the diplomatic discussions to which it gave rise,

the principles of law which it has helped to establish, the opinions

of eminent publicists, the conclusions of international law, and the

relation of the case to preceding discussions,--these themes indicate

the scope of Mr. Harris’s essay.

JAMES A. WOODBURN.

_Indiana University._

CHAPTER I.

RELATIONS WITH ENGLAND.

Undisturbed relations have not always existed between the two great

branches of the Anglo-Saxon race on opposite sides of the Atlantic.

The English colonies in the New World quarreled continually with their

mother country. Finally revolution and war enabled the colonists to

free themselves from English rule, although causes of dispute have

ever continued to exist. A continuous record of the international

difficulties between the United States and England would form no

inconsiderable part of American history.

An almost unbroken succession of disputes has occupied the attention

of statesmen in both countries for more than a century. The Federal

government had scarcely been organized when the first serious cause of

trouble arose. England claimed the right forcibly to visit and search

American merchant vessels on the high seas in time of peace. Thousands

of American citizens having been impressed into the British naval

service, the arbitrament of war was resorted to. This did not decide

the matter. The abstract right of search and seizure was steadily

maintained by England for almost half a century after the close of the

war of 1812. An attempt to put it into practice again off the coast of

Cuba in the spring of 1858 caused an outburst of popular indignation

in every part of the United States, and American war vessels in

Cuban waters were immediately ordered to resent such outrages at all

hazards. This looked like war, and, without further delay, Great

Britain abandoned the claim for which she had so long contended.[1]

Boundary disputes were a cause of much agitation for many years.

Long and tedious negotiation was required to adjust the northwestern

boundary of the United States between Maine and New Brunswick. Although

the American claims in this region were ably presented and fairly

established, British writers have repeatedly asserted that the United

States government, in this instance, accomplished its purposes by means

which were unfair, unjust, and entirely unworthy of modern diplomacy.[2]

Scarcely had a treaty been concluded by which this boundary was settled

when the Oregon question became one of great prominence, and in 1844,

the alliterative campaign cry of “fifty-four forty or fight” testified

to the serious character of the dispute. A settlement was finally

effected by conceding most of the English claims, although ex-President

John Quincy Adams and other equally noted Americans protested against

what seemed to them a disgraceful surrender. The details of the various

controversies caused by English conduct during the American civil

war are fresh in the memory of a generation still living. In our own

time fishery disputes have tested the skill of diplomatists in both

countries.

There has probably never been a time, however brief, in the history

of the United States when absolutely no cause of difference existed

between the two nations. At the present date (1895) one hundred seven

presidential messages reviewing the state of the country have been

submitted to the American congress at the opening of its regular

sessions. It is a significant fact that seventy-eight of these

messages--almost three-fourths of them--have called the attention of

congress to difficulties of more or less importance with Great Britain.

To the seventy-eight messages of the latter class every president has

contributed except Garfield, Taylor, and William Henry Harrison.

Toward the close of the year 1860, however, British and American

international affairs had assumed a much more favorable aspect than

usual. All of the most perplexing and dangerous questions which had so

long disturbed the relations of the two countries had been peaceably

and finally settled. This result gave the greatest satisfaction to

the people and government of the United States. In his message to

congress at the opening of the session in December, 1860, President

Buchanan said: “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.

“It must be a source of sincere satisfaction to all classes of our

fellow-citizens and especially to those engaged in foreign commerce

that the claim on the part of Great Britain forcibly to visit and

search American merchant vessels on the high seas in time of peace has

been abandoned. This was by far the most dangerous question to the

peace of the two nations which has existed since the war of 1812. While

it remained open they might at any moment have been precipitated into a

war.

“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 evident that both

countries were expecting this question to be settled without any

trouble.

The president also said in the same message: “The recent visit of the

Prince of Wales in a private character to the people of this country

has proved to be a most auspicious event. In its consequences it can

not fail to increase the kindred and kindly feelings which I trust

may ever actuate the government and people of both countries in their

political and social intercourse with each other.”

Lord Lyons, the British minister at Washington, truly said of this

message that its language was the most cordial in character of

any which had ever appeared in such a communication. The British

government and people appeared to appreciate the friendship and good

feeling for them which prevailed in the United States at that time.

As an evidence of this fact Queen Victoria sent her son, the Prince

of Wales, on a visit to the United States in the latter part of the

year 1860--the event referred to in President Buchanan’s message. The

Prince was received everywhere with the hearty and enthusiastic welcome

which was due to such a distinguished personage. After the visit had

terminated, the British minister at Washington was directed to express

the thanks of her majesty and to say to the president and citizens

of the United States that one of the main objects which she had in

view in sanctioning the visit of her son to America was to prove “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 trusts,” continued the British minister, “that the feeling 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 and by all classes of the community.”[3]

This message was promptly answered by the American assistant secretary

of state, who said among other things: “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.”[4]

While the Prince of Wales was in the United States the London Times

described his visit to the tomb of Washington at Mount Vernon and his

planting a chestnut while there. The closing paragraph read as follows:

“It seemed, when the royal youth closed the earth around the little

germ, that he was burying the last faint trace of discord between us

and our great brethren in the west.” Other English newspapers, in

commenting upon the prince’s welcome in America, gave utterance to

sentiments which were extremely cordial in character. Two extracts from

leading London papers may be noticed. “Thus we believe an alliance has

been consolidated which will endure for the mutual benefit, not only of

the two nations, but of the civilized world.”[5] “At no time could we

desire more earnestly than we do now the close alliance of the great

Anglo-Saxon family.”[6]

Opportunities were soon to be offered for testing the sincerity of

those recently expressed “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.” South Carolina seceded December 17, 1860. Other states

followed her example. A hostile government was organized within the

territory of the United States. A war cloud was rapidly gathering upon

the American political horizon. Lord Lyons duly reported all of these

occurrences to his government. On February 4, 1861, in a communication

addressed to Lord John Russell, the British minister for foreign

affairs, Lord Lyons gave a detailed account of Mr. Seward’s views

concerning the state of the country and of his plans for securing the

peaceable return of the seceding states to “the confederation.” In this

dispatch the American union is characterized as a “confederation.”

Since the adoption of the constitution no such use of the word

“confederation” had ever been made in any diplomatic communication. It

was indicative of the English view of the nature of the American union.

Lord John Russell replied to the above communication just two weeks

before Mr. Lincoln was inaugurated. After saying that the success or

failure of Mr. Seward’s plans were matters of deep interest to her

majesty’s government and that it was not their duty to offer advice,

Lord Russell said: “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 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.”[7]

It is not easy to understand why Lord Russell should make use of such

language at this time. Only seventy-two days before this dispatch was

written, the most cordial feelings of “confidence and affection” for

the American people had been professed in the communication concerning

the visit of the Prince of Wales, and in the meantime not an unkind

word had been used in the correspondence of either government. His

lordship may have seen in a settlement of the American domestic

difficulties something which was unfavorable to British interests.

The occasion certainly was not one which called for an offensive and

unprovoked threat from the British minister for foreign affairs. He did

not lose the opportunity, however, to utter an official warning to the

American government that British patience “might be tried too far.”

From many similar instances in the official career of that

statesman, it is certain that Lord Russell himself never lost a

favorable opportunity to “make political capital out of blustering

demonstrations.”

AUTHORITIES AND REFERENCES.

1. Annual messages of the presidents of the United States, 1789-1894.

2. Blaine, James G.: Twenty Years of Congress.

3. Diplomatic correspondence with Great Britain, 1860-1861.

4. London newspapers: The Times, News and Post, November, 1860.

5. London Quarterly Review, No. 221.

6. Schuyler, Eugene: American Diplomacy.

7. Westminster Review, Vol. XXI.

8. Winsor: Narrative and Critical History of America.

FOOTNOTES:

[1] See Schuyler’s American Diplomacy, pp. 262-3.

[2] London Quarterly Review, No. 221, p. 261; Westminster Review, Vol.

XXI, pp. 222-3. For a discussion of the northwestern boundary question,

see Winsor’s Narrative and Critical History of America, Vol. VII, p.

180.

[3] Lord Lyons to Gen. Cass, U. S. secretary of state, Dec. 8, 1860.

[4] Mr. Trescot to Lord Lyons, Dec. 11, 1860.

[5] London Post, Nov. 16, 1860.

[6] London News, Nov. 16, 1860.

[7] Earl Russell to Lord Lyons, Feb. 20, 1861.

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