CHAPTER IV.

THE QUEEN’S NEUTRALITY PROCLAMATION.

Before the lapse of sixty days after the beginning of Mr. Lincoln’s

administration, Fort Sumter had surrendered after a severe bombardment;

seventy-five thousand troops had been called for; and a blockade of the

southern ports had been proclaimed. The insurrection was constantly

assuming greater proportions and a more threatening attitude. Of actual

war there had been none which resulted in bloodshed, except a street

fight between Federal soldiers and a Baltimore mob. These events,

however, tended to make the relation of foreign powers toward the two

governments in America much more delicate and hazardous.

Upon assuming the duties of the presidency, Mr. Lincoln had appointed

Charles Francis Adams minister to England. Mr. Adams was carefully

instructed to explain to the British government the position of the new

administration toward the seceded states and the relation which they

sustained to the Union. He was also instructed to say that there was

yet hope of a peaceable reconciliation and that, if it was desired to

promote the best interests of the United States, foreign powers should

be careful to commit no act of so-called neutrality, a move which

would only extend aid and sympathy to the secession cause.

It was expected that Mr. Adams would arrive in London early in May and

promptly present the views and policy of Mr. Lincoln to the British

government. In his report of an official interview with Lord Russell

concerning this matter, Mr. Dallas, Mr. Adams’s predecessor in office

at London, says: “I informed him that Mr. Adams had apprised me of his

intention to be on his way hither in the steamship ‘Niagara,’ which

left Boston on the 1st May, and that he would probably arrive in less

than two weeks, by the 12th or 15th inst. His lordship acquiesced

in the expediency of disregarding mere rumor and waiting the full

knowledge to be brought by my successor.”[1]

Notwithstanding this official assurance from Lord Russell that nothing

would be done prior to the arrival of Mr. Adams, a course of action was

immediately determined upon which seemed designed to give the greatest

possible offense to the United States.

On May 6, in answer to a question put to him in the House of Commons

concerning the proposed policy of Great Britain toward the Confederacy,

his lordship said: “The attorney and solicitor-general, and the queen’s

advocate, and the government have come to the opinion that the Southern

Confederacy of America, according to those principles which seem to

be just, must be treated as a belligerent.”[2] On May 13, the very

day that Mr. Adams landed at Liverpool and only a few hours before

he arrived in London, as if to exhibit the greatest possible lack

of courtesy toward him and the government which he represented, the

queen’s neutrality proclamation was issued. It forbade the enlistment

of all British subjects on land or sea in the service of either of

the contending parties and also warned her majesty’s subjects not to

carry officers, soldiers, dispatches, or any article of the nature

of contraband of war for the use or service of either the Federals

or Confederates. This constituted a complete recognition of the

Confederacy as a belligerent power, that is, as entitled, so far as

England was concerned, to all those exceptional rights and privileges

that international law assigns to sovereign states which are at war

with each other.

Perhaps a brief explanation of this matter would not be inappropriate

here. All sovereign, or independent, states are governed in their

relations toward each other by a collection of rules called

international law. These rules or laws are only precedents, maxims

and opinions which have acquired all the force of law from having

been generally accepted and acted upon and from a sense that it is a

matter of great and universal convenience to have some fixed standards

for adjusting the disputes of sovereign nations and regulating

their conduct toward each other. International law assigns to all

sovereign states certain rights, privileges and obligations which

are not extended to unrecognized communities or nations. In the

beginning of its career an insurgent state can not possess any of the

privileges which international law assigns to independent states. To

recognize the belligerency of such a state is to accord to it, by the

recognizing power, all of those exceptional war privileges and rights

which international law would give to it, if it were sovereign. Such

recognition carries with it no rights, privileges or conditions except

those necessary for conducting hostilities. Insurgents carrying on war

without being recognized as belligerents may be treated as rebels,

traitors and pirates. When such recognition has been extended to them,

they are no longer so regarded, and when captured are treated as

prisoners of war. When a foreign power recognizes the belligerency of

an insurgent government it thereby places that government and the one

with which the insurgents are at war upon an equality so far as war

privileges and duties are concerned. A case will serve to illustrate.

There was recently a civil war in Brazil. The insurgents were never

recognized as belligerents and hence were not entitled to any more

rights and privileges than traitors and pirates have. If the Brazilian

government had conceded belligerent rights to them, captured insurgents

would then have been entitled to all of the rights of prisoners of war.

Indeed such recognition would have clothed the insurgents, so far as

the Brazilian government was concerned, with all of the war powers,

privileges and duties that belong to a sovereign and independent state,

but it would have done nothing more.

The same advantages would have been secured to the insurgents, so

far as the United States was concerned, if the Federal government at

Washington had recognized them as belligerents. In all of their future

relations with the United States they would have been placed upon an

equal footing with the Brazilian government as regards all war rights,

privileges and duties. No other rights would have been conferred, for

a recognition of belligerency is only partial in character. No treaty

with the United States could have been concluded, neither could any

ambassador have been sent to this country, or one received from it.

A hasty recognition of this character by the United States or any other

foreign country would have been an act very unfriendly to the Brazilian

government.

The right of a foreign state to recognize the belligerency, or even the

independence, of an insurgent government, under certain conditions, can

not be questioned. The ends and purposes of such recognition, however,

may be quite different in character. They may be arranged under two

separate heads.

First. The recognition of a mere fact as it actually exists. Where a

state of war or of independence exists beyond doubt or question, it may

be recognized as a fact. It is not only the privilege but also the duty

of foreign states to recognize a state of war, or belligerency, after

such state exists in fact. It is not easy to define a state of war,

that is, to say precisely how much of force is required and how perfect

the organization must be in order to distinguish such a state from that

of mere insurrection. Language can not express the idea with exactness.

No one will say that a state of war existed during the Dorr rebellion

in Rhode Island in 1842, neither will it be pretended that such a state

did not exist while the American civil war was in progress. Recognition

should be accorded also to a government of whatever origin, after its

independence has been fully established. An insurgent government rarely

succeeds in achieving its independence at a blow. There is usually a

period of struggle and uncertainty during which it is very uncertain

whether the new order of things will prevail or not. While such a

state of uncertainty exists, it is neither prudent nor wise for neutral

nations to acknowledge the independence of an insurgent government,

since a fact should not be acknowledged in advance of its actual

existence.

Second. The recognition of belligerency or even of independence by

a foreign government may be accorded not simply to acknowledge an

existing fact but as a means to an end. Such an act would be very

unfriendly or even hostile toward the government against which the

insurgent power was opposed. France acknowledged the independence of

the United States as a means to achieve that result, not as an existing

fact.

In view of the foregoing principles and of the circumstances under

which the British neutrality proclamation was issued, it becomes

very evident that it was deliberately designed to aid and encourage

the insurgent cause in the United States, and, at the same time,

to discourage and depress the friends of the Union. The proofs are

manifest from an examination of the case.

1. Only seventy days before her majesty’s neutrality proclamation was

issued, Mr. Lincoln’s administration had assumed the responsibilities

of government at Washington. During the preceding administration all

departments of government there had become greatly demoralized, and

it was necessary to reorganize and purify them before any steps could

be taken to offer active resistance to the insurrection. Time enough

had not elapsed for the new administration to formulate its views

and develop its policy toward the impending difficulties. Although

these things were understood at London and Mr. Adams was hourly

expected there, yet the British government refused to grant the

brief time necessary for him to arrive and present the case of the

new administration, before determining upon its course of action. The

neutrality proclamation was issued with a haste which was “precipitate

and unprecedented,” as Mr. Adams afterward said. The friends of the

Union could not but regard it, in the language of Mr. Justin McCarthy,

“as an act of unseemly and even indecent haste, as evidence of an

overstrained anxiety to assist and encourage the southern rebels.”[3]

2. A state of war did not exist in the United States on May 13, 1861,

hence there was no occasion for a neutrality proclamation. From the

very nature of the case it would not be easy to say precisely when

such a state of war or belligerency did begin to exist, but the United

States itself, and not a foreign nation, was the proper authority

to pronounce judgment concerning this matter. At the time mentioned

above, belligerent rights had not been conceded to the insurgents by

the Federal government. The “Savannah,” a Confederate armed steamer,

was captured June 3, 1861. Her crew, together with the crews of other

such vessels that had been captured, were tried for piracy in a United

States court, and, in at least one case, a conviction was obtained.[4]

If the belligerency of the South had been recognized by the United

States government at that time, such prosecutions and conviction in a

Federal court would have been impossible.

3. The action taken by Great Britain did not conform to the usages of

friendship in such cases. Mr. Seward has said concerning this matter:

“It will be found, we think, that all nations which have desired to

practice justice and friendship towards a state temporarily disturbed

by insurrection have foreborne from conceding belligerent privileges

to the insurgents in anticipation of their concession by the disturbed

state itself. A nation which departs from this duty always practically

commits itself as an ally to the insurgents.”[5] It was not long after

the neutrality proclamation had been issued until the insurrection

assumed the character of a great civil war, and belligerent rights

were then duly extended to the Confederates by all of the Federal

authorities.

In the beginning it was only a personal war, an effort of the Federal

government to suppress rebellion on the part of individuals. United

States courts have repeatedly held that a state of civil war, that

is, a war between governments, one which entitled the Confederates to

belligerent recognition, did not exist until after President Lincoln’s

proclamation to that effect issued August 16, 1861, in pursuance of the

act of congress of July 13, 1861. Belligerent recognition afterward

extended by foreign powers would have been entirely in accordance with

the principles of strict fairness and neutrality.[6]

4. The Confederacy was composed of states which had withdrawn from

the Union in so far as they were able to do so. This had been done by

an unconstitutional act known as secession--one whose validity was

never at any time admitted by the people of the United States. Their

foundation for a government was not solid enough to command any degree

of respect or confidence from foreign powers, and therefore at that

time not worthy even of recognition as belligerents.

The principle of secession without restraint or opposition of any kind

had been established by them when they withdrew from the Federal Union.

Their own organization was not a union but a confederation with each

state acting in its own “sovereign and independent capacity.”[7] With

a government based upon a confederation of states each of which had

the privilege of seceding at pleasure, what assurance could be given

that treaty obligations would be met, or that debts contracted would be

paid, or that any sort of act guaranteed by the common authority would

be executed in good faith? Could it have been motives friendly to the

United States which induced England to extend belligerent recognition

to such a government at that time?

5. It was very well understood in England that the Confederates had no

navy worthy of the name, and that their facilities for building ships

and manufacturing munitions of war in their own country were very

limited. It was doubtless with a view of supplying the Confederates

with these things that the neutrality proclamation was issued so

early. This is evident from a speech made by Lord Chelmsford in the

British parliament in which he said: “If, he might add, the Southern

Confederacy had not been recognized by us as a belligerent power, he

agreed with his noble and learned friend (Brougham) that any Englishman

aiding them by fitting out a privateer against the Federal government

would be guilty of piracy.”[8]

6. The neutrality proclamation created the condition of belligerency on

the part of the Confederates instead of acknowledging an existing fact.

Mr. Adams said concerning this matter: “The British government took

the initiative and decided practically that it was a struggle of two

sides. And furthermore it pronounced the insurgents to be a belligerent

state before they had ever shown their capacity to maintain any kind

of warfare whatever except within their own harbors, and under every

possible advantage. It considered them a marine power before they had

ever exhibited a single privateer upon the ocean. Not a single armed

vessel had yet been issued from any port under the control of these

people. They were not a navigating people. They had made no prizes, so

far as I knew, excepting such as they had caught by surprises. Even now

I could not learn that they had fitted out anything more than a few old

steamboats utterly unable to make any cruise on the ocean, and scarcely

strong enough to bear a cannon of any caliber.”[9]

As has already been stated any organized form of society may be

recognized when it has advanced far enough to defend itself against the

assaults of enemies, and has exhibited sufficient capacity to maintain

binding relations with other powers. But the case is entirely different

when a measure of recognition brings about a result which is due to

such recognition only.

Mr. Hamilton Fish, President Grant’s secretary of state, has well

said of this matter: “The assumed belligerency of the insurgents

was a fiction--a war on paper only, not in the field--like a paper

blockade, the anticipation of supposed belligerency to come, but which

might never have come, if not thus anticipated and encouraged by her

majesty’s government.”[10]

Many attempts have been made to defend the course of the British

government in this matter. A singularly fair-minded writer in his

treatment of other subjects says: “If there was no _bellum_ going on

the commerce of the world could not be expected to recognize President

Lincoln’s blockade of Charleston and Savannah and New Orleans.

International law on the subject is quite clear. A state can not

blockade its own ports. It can indeed order a closure of its own ports.

But a closure of the ports would not have been so effective for the

purposes of the federal government as a blockade. A closure would have

been a matter of municipal law only. An offender against the ordinance

of closure could be only dealt with lawfully in American waters; an

offender against the decree of blockade could be pursued into the open

sea.”[11] Lord Stanley once said: “Her majesty’s government had but two

courses open to them on receiving the intelligence of the president’s

proclamation, namely, either that of acknowledging the blockade and

proclaiming the neutrality of her majesty, or that of refusing to

acknowledge the blockade, and insisting upon the right of her majesty’s

subjects to trade with the ports of the South where the government of

the United States could exercise no fiscal control at that time.”

The ablest, perhaps, of English writers upon international law has said

in defense of the course of his government: “In many of the southern

ports there was a large amount of British property; the cargoes in the

Mississippi alone at the end of May were computed to be worth a million

sterling, and the greater part of these had been shipped for Liverpool.

A blockade had been proclaimed extending over a coast line of some

three thousand miles. Letters of marque had been publicly offered, an

invitation very tempting to the adventurous and reckless men who are

always to be found in every maritime nation. Both the government of

the United States and the _de facto_ government of the confederacy had

assumed and were actually exercising on the high seas the rights of

war; and the neutral who resists the enforcement of those rights does

so under the penalty of capture. Branches of trade perfectly lawful

before might now be treated as unlawful, and punished by seizure and

confiscation. This was the state of facts existing during the first

week of May so far as they were known to the English public; and on

these facts the government was called upon both by the mercantile

community and by some of the warmest partisans of the northern cause to

define its position, to recognize or repudiate the blockade, to accept

or reject the character of a neutral power, and to publish its decision

as widely and as speedily as possible.”[12]

The foregoing arguments may be summed up in two propositions, viz.:

that President Lincoln’s proclamation of blockade constituted a prior

recognition of the existence of civil war in the United States, and

consequent belligerency on the part of the South, and that it was

necessary for the British government to do something to protect its

citizens and their interests against losses in or near the seat of war.

In answer to the latter proposition it may be said that it was not at

all necessary for British subjects to be in any of the places of danger

or to remain there, and if they persisted in doing so, they and their

interests had as much protection as did the citizens of the United

States who were similarly situated, and that they certainly did not

require any more.

Was Confederate belligerency recognized by President Lincoln’s

proclamation declaring a blockade of the southern ports?

At the time of her majesty’s neutrality proclamation, May 13, 1861,

whatever of war that may have existed was not a war of governments,

but only of individuals owing allegiance to the federal government. If

the authority of the United States was for the time being suspended

in some of the states, those states were still component parts of

the union. The disturbance was legally and officially held by all of

the federal authorities civil as well as military, to be strictly

local in character, and as such the government at Washington had an

undoubted right to close the ports within the states in insurrection

by a blockade, and to forbid all intercourse between strangers and

the people of the blockaded cities. The federal authorities also had

the right to use the armed and naval forces of the United States to

enforce a blockade after that course had been determined upon. The

form of closure best adapted to the ends in view was a blockade which

was legally declared and executed as a means for subduing a local

insurrection, and, until such local trouble actually developed into a

state of civil war, the mere fact that certain ports were blockaded

did not confer any belligerent rights whatever upon the insurgents.

If a mere expedient be adopted by the federal government as a remedy

for local insurrection, it does not follow as a consequence that the

insurgents are invested with belligerent rights which foreign nations

must immediately recognize.

The position that a nation can not blockade its own ports, but can

only order a closure of them when they are held by a hostile force,

can not be defended, although Mr. Justin McCarthy holds the contrary

view of the matter. If the right of blockade be denied under such

circumstances, the right of the government to the port is denied; but

if the government have no right, then the port becomes free, and would

remain so unless it be destroyed by the government that originally held

and yet claimed it, because a mere decree of closure without a blockade

superadded could not avail anything against a foreign nation that might

choose to confer belligerent rights upon the insurgents.

As an example of this, an illustrative case may be cited. During

a period of five years succeeding the year 1831, Russia blockaded

her own ports on the eastern shore of the Black sea because they

were in the possession of Circassian rebels. This blockade was

recognized by England without conferring belligerent rights on the

Circassians. English claims for losses occasioned by this blockade were

surrendered.[13]

In this instance, if the United States chose the blockade as the best

form of remedy for the insurrection, and, if the rights and interests

of foreigners were threatened thereby, it became the duty of the

federal authorities to extend to all such aliens the fullest measure of

protection, and to see that their rights were in all cases inviolably

respected.

If these views of the case be correct, there can be no defense whatever

for the action of the British government with regard to the neutrality

proclamation. In the opinion of every unprejudiced mind, it must ever

be classed with the long catalogue of unjust acts and international

wrongs for which England has been noted in her relations with weaker

nations or with stronger countries in distress.

AUTHORITIES AND REFERENCES.

1. American Annual Cyclopedia, 1861.

2. Bemis, George: Pamphlet, “Hasty Recognition.”

3. Blaine, J. G.: Twenty Years of Congress.

4. Bernard, Montague: The Neutrality of Great Britain During the

American Civil War.

5. British and Foreign State Papers, Vol. XXVI.

6. Constitution of the Confederate states.

7. Claims against Great Britain, Vol. IV. Public Document, 1st

Session 41st Congress.

8. Diplomatic correspondence with Great Britain, 1861, 1867 and 1869.

9. De Gasparin, Agénor: L’Amérique devant l’Europe.

10. Hall, W. E.: International Law.

11. Hansard’s Parliamentary Debates.

12. McCarthy, Justin: History of Our Own Times.

13. North American Review, January, 1862.

14. Senate Ex. Doc.: 2d Session 37th Congress, Vol. I.

15. Sumner, Charles: The Works of, Vol. VII.

16. Text of the Queen’s Neutrality Proclamation. See British Blue

Book containing official documents for 1861.

FOOTNOTES:

[1] Mr. Dallas to Mr. Seward, May 2, 1861.

[2] Hansard’s Parliamentary Debates, Vol. CLXII, p. 1566.

[3] The History of Our Own Times, Vol. II, p. 193.

[4] American Annual Cyclopedia for 1861, pp. 150 and 151.

[5] Mr. Seward to Mr. Adams, Jan. 12, 1867.

[6] See decisions of U. S. circuit court, state of Maryland, 6 Am. Law

Reg., N. S., 732; U. S. dist. court eastern dist. of Missouri, 3 Am.

Law Reg., N. S., 735; U. S. supreme court, 10 Wallace, 158.

[7] See Preamble of the Constitution of the Confederate States.

[8] Hansard’s Parliamentary Debates, Vol. CLXII, p. 2084.

[9] Mr. Adams to Mr. Seward, report of statements made to Lord Russell,

May 21, 1861.

[10] Mr. Fish to Mr. Motley, September 25, 1869.

[11] Justin McCarthy, History of Our Own Times, Vol. II, p. 193.

[12] Montague Bernard’s Neutrality of Great Britain During the American

War, pp. 128-130.

[13] See British and Foreign State Papers, Vol. XXVI, p. 2.

The Trent affair · 第 4 / 20 章