CHAPTER XIII.

THE BRITISH DEMAND.

It was well understood in England that Messrs. Mason and Slidell had

been commissioned to represent the Confederacy at London and Paris

respectively. The difficulties incident to their departure from a

blockaded port and the anxiety of the Federal government to prevent the

success of their mission were also well known.

An English writer, after giving a brief account of the escape of

the commissioners in a blockade-runner, says: “It was correctly

assumed that they would embark at Havana on the Trent, a West Indian

mail steamer, and travel in her to Europe; it was believed that the

government of the United States had issued orders for intercepting the

Trent and for capturing the envoys; and it was noticed that a Federal

man-of-war had arrived at Falmouth and after coaling had proceeded to

Southampton. Lord Russell laid these facts before the law officers, and

was advised that a United States man-of-war falling in with a British

mail steamer would have the right to board her, open her mail bags,

examine their contents, and, if the steamer should prove liable to

confiscation for carrying dispatches from the enemy, put a prize crew

on board and carry her to a port of the United States for adjudication.

In that case the law officers thought she might, and in their opinion

she ought to, disembark the passengers on the mail steamer at some

convenient port. But they added ‘she would have no right to remove

Messrs. Mason and Slidell and carry them off as prisoners, leaving the

ship to pursue her voyage.’ A few days before the law officers gave

this opinion, the San Jacinto, an American war steamer, intercepted the

Trent and did the very thing which the law officers had advised she had

no right to do.”[1]

As soon as Commander Williams landed in England he was sent to London

in hot haste on a special train in order to report the circumstances

to the government without any delay. After arriving there he spent the

remainder of that day and part of the night at the British foreign

office making an official report to Premier Palmerston and the lords

commissioners of the admiralty.

The facts as reported by Commander Williams were immediately submitted

to the crown law officers, who, after a brief consideration of the

matter, reported that the seizure of the commissioners was entirely

illegal and not sanctioned by the law of nations.[2]

The case was then considered by the cabinet, and, on November 29, only

two days after the news of the boarding of the Trent and seizure of

the envoys had reached England, Lord Palmerston prepared a note to

the queen in which he formulated a statement of a demand to be made at

once upon the American government. He wrote to her majesty as follows:

“The general outline and tenor which appeared to meet the opinions of

the cabinet would be, that the Washington government should be told

that what has been done is a violation of international law and of the

rights of Great Britain, and that your majesty’s government trust that

the act will be disavowed and the prisoners set free and restored to

British protection, and that Lord Lyons should be instructed that, if

this demand is refused, he should retire from the United States.”[3]

A copy of the proposed dispatch to Lord Lyons was also forwarded to

her majesty, who, with Prince Albert, carefully examined it. Both were

profoundly impressed by the fact that the communication indicated a

crisis in the affairs of the two countries and that a speedy rupture

and war were not improbable. Illness and the serious character of this

new political question made it impossible for the prince to sleep

during the following night. Upon getting up, although scarcely able

to hold a pen while writing, he prepared a memorandum of the changes

which her majesty desired to have made in the dispatch to America.

The queen preferred that language should be used which was less harsh

and offensive in character than that contained in the first draft

of the note to the American government. In its uncorrected form the

draft of the note not only charged the violation of international law

but added an accusation of “wanton insult,” although the belief was

asserted that it was not intentional. Prince Albert’s memorandum,

corrected with the queen’s own hand, was returned, and the dispatch

which was subsequently forwarded to Lord Lyons shows that her majesty’s

suggestions were fully observed. This was the prince’s last political

writing. His illness grew worse and he died before the communication

which he and the queen had aided in preparing was answered by the

American government.

The prince’s memorandum, as corrected by the queen and returned by her

to the ministry, was as follows: “The queen returns these important

drafts which upon the whole she approves, but she can not help

feeling that the main draft--that for communication to the American

government--is somewhat meagre. She would have liked to have seen

the expression of a hope that the American captain did not act under

instructions, or, if he did that he misapprehended--that the United

States government must be fully aware that the British government

could not allow its flag to be insulted and the security of its mail

communications to be placed in jeopardy, and her majesty’s government

are unwilling to believe that the United States government intended

wantonly to put an insult upon this country, and to add to their many

distressing complications by forcing a question of dispute upon us; and

that we are, therefore, glad to believe that upon a full consideration

of the circumstances of the undoubted breach of international law

committed, they would spontaneously offer such redress as alone

would satisfy this country, viz., the restoration of the unfortunate

passengers and a suitable apology.”[4]

Having received this memorandum from the queen, Earl Russell

immediately prepared dispatches for Lord Lyons at Washington

instructing his lordship to make certain demands of the American

government and ordering him what to do in case they were refused. The

text of the one containing the demands to be made was as follows:

“FOREIGN OFFICE, Nov. 30, 1861.

“MY LORD--Intelligence of a very grave nature has reached her

majesty’s government.

“This intelligence was conveyed officially to the knowledge of

the admiralty by Commander Williams, agent for mails on board the

contract steamer Trent.

“It appears from the letter of Commander Williams, dated ‘Royal Mail

Contract Packet Trent, at sea, November 9,’ that the Trent left

Havana on the 7th instant, with her majesty’s mails for England,

having on board numerous passengers. Commander Williams states that

shortly after noon, on the 8th, a steamer having the appearance of a

man-of-war, but not showing colors, was observed ahead. On nearing

her, at 1:15 P. M., she fired a round shot from her pivot-gun across

the bows of the Trent and showed American colors. While the Trent was

approaching her slowly, the American vessel discharged a shell across

the bows of the Trent exploding half a cable’s length ahead of her.

The Trent then stopped, and an officer with a large armed guard of

marines boarded her. The officer demanded a list of the passengers,

and, compliance with this demand being refused, the officer said he

had orders to arrest Messrs. Mason, Slidell, McFarland and Eustis,

and that he had sure information of their being passengers in the

Trent. While some parley was going on upon this matter, Mr. Slidell

stepped forward and told the American officer that the four persons

he had named were then standing before him. The commander of the

Trent and Commander Williams protested against the act of taking

by force out of the Trent these four passengers, then under the

protection of the British flag. But the San Jacinto was at that

time only two hundred yards from the Trent, her ship’s company at

quarters, her ports open and tompions out. Resistance was therefore

out of the question and the four gentlemen before named were forcibly

taken out of the ship. A further demand was made that the commander

of the Trent should proceed on board the San Jacinto, but he said he

would not go unless forcibly compelled likewise, and this demand was

not insisted upon.

“It thus appears that certain individuals have been forcibly taken

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

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

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

international law.

“Her majesty’s government, bearing in mind the friendly relations

which have long subsisted between Great Britain and the United

States, are willing to believe that the United States naval officer

who committed the aggression was not acting in compliance with any

authority from his government, or that if he conceived himself to

be so authorized he greatly misunderstood the instructions he had

received. For the government of the United States must be fully aware

that the British government could not allow such an affront to the

national honor to pass without full reparation, and her majesty’s

government are unwilling to believe that it could be the deliberate

intention of the government of the United States unnecessarily to

force into discussion between the two governments a question of so

grave a character, and with regard to which the whole British nation

would be sure to entertain such unanimity of feeling.

“Her majesty’s government, therefore, trust that when this matter

shall have been brought under the consideration of the government

of the United States that government will, of its own accord, offer

to the British government such redress as alone could 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.

“You are at liberty to read this dispatch to the secretary of state,

and, if he shall desire it, you will give him a copy of it.

I am, etc., RUSSELL.”

It will be noticed that this communication is in all respects a model

of brevity, precision and clearness. The matter to be considered

is directly approached and all facts of whatever kind that are not

absolutely necessary to his lordship’s view of the case are omitted.

The citizenship of the captured persons is not even hinted at, nor is

anything said about the nature of their mission. No use is made of the

term “confederate” or “rebel.” There is no discussion of the principles

of international law bearing upon the case, no reference to texts or

precedents, no statement of the rights of belligerents among themselves

or their relations to neutral nations. The fact that a great civil war

was then raging in the United States, and that the hostile sections of

the country were then in belligerent attitudes toward each other is

nowhere mentioned in the paper. It is denuded of almost every statement

that one would expect to find in such a diplomatic communication.

His lordship contents himself with a statement of the main facts in

Commander Williams’s official report, after which he presents simply

the naked idea of four individuals having been forcibly taken from a

British ship which was pursuing a lawful and innocent voyage from one

neutral port to another, on the high seas and not within the municipal

jurisdiction of the United States. The simple act of doing this

constitutes a violation of the law of nations, and is “an affront to

the British flag.” The only measure of redress which will atone for the

act is then dictated by Lord Russell, and that is the complete undoing

of Captain Wilkes’s act by liberating “the four gentlemen,” delivering

them to Lord Lyons so that they might be placed again under British

protection, and apologizing for what had been done.

On the same day that the foregoing dispatch was prepared, Earl Russell

also addressed a second communication to Lord Lyons. It was a private

letter in which the intentions of the British government could be

easily read between the lines. It meant either reparation or an

alternative of a very serious character. The following is the body of

the letter: “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 a compliance with

the demands of her majesty’s government, your lordship is instructed

to leave Washington with all the members of your legation and repair

immediately to London. If, however, you should be of the 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.

“You will communicate with Vice-Admiral Sir A. Milne immediately upon

receiving the answer of the American government, and you will send him

a copy of that answer, together with such observations as you may think

fit to make.

“You will also give all the information in your power to the governors

of Canada, Nova Scotia, New Brunswick, Jamaica, Bermuda and such other

of her majesty’s possessions as may be within your reach.”

The indecent haste and manifest unfairness of the whole proceeding,

as well as the bombast and implied threats toward the United States

contained in the private note, seem to have slightly impressed even

the Earl Russell, for on the same day he addressed a second private

note to Lord Lyons as follows: “My wish would be that at your first

interview with Mr. Seward you should not take my dispatch with you, but

should prepare him for it and ask him to settle it with the president

and cabinet what course they will pursue. The next time you should

bring my dispatch and read it to him fully. If he asks what will be

the consequence of his refusing compliance I think you should say that

you wish to leave him and the president quite free to take their own

course, and that you desire to abstain from anything like menace.”

This last diplomatic note clearly reveals the motives and policy of the

British government in the whole proceeding. It was publicly to browbeat

and menace the United States by a parade of their military power and

a threat of war, and, at the same time, privately to pave the way for

getting out of the difficulty without a resort to arms.

The messenger of the British government arrived in Washington and

delivered Earl Russell’s dispatches to Lord Lyons on December 18.

On the afternoon of the 19th, in accordance with his instructions,

his lordship waited on Mr. Seward at the department of state and

acquainted him in general terms with the nature of Earl Russell’s

dispatch demanding reparation, adding at the same time that he hoped

the government of the United States would of its own accord offer the

desired reparation, and that it was to facilitate such an arrangement

that he had come without any sort of written demand.

Mr. Seward received this communication seriously but without

manifesting dissatisfaction. He then made some inquiries concerning

the exact character of the dispatch and requested that he be given

until the next day to consider the matter and to communicate with the

president. On the day after, he said that he would be prepared to give

an opinion concerning the matters presented to him at that interview.

When Lord Lyons made his next call upon Mr. Seward he brought with

him, and formally read to the secretary, the dispatch containing Earl

Russell’s demand.

Only seven days’ grace were allowed from the time when the matter was

first presented. Two of these had now gone, and if the demand were

complied with, it must be done with promptness, otherwise the doors of

the British legation would be closed and diplomatic relations between

the two countries suspended.

AUTHORITIES AND REFERENCES.

1. British Annual Register, 1861.

2. Martin, Theodore: Life of the Prince Consort, Vol. V.

3. McPherson, Edward: Political History of the Rebellion.

4. Nicolay and Hay: Life of Lincoln.

5. Southern Law Review, Vol. VIII.

6. Walpole, Spencer: Life of Lord John Russell.

7. The Union and Confederate Navies, official records of, Series I,

Vol. I.

FOOTNOTES:

[1] Spencer Walpole’s Life of John Russell, Vol. II, pp. 344-5.

[2] The authority for this statement is a letter from the Rt. Hon. Earl

of Kimberly, her majesty’s secretary for foreign affairs, in response

to an inquiry addressed to him by the author.

[3] Martin’s Life of the Prince Consort, Vol. V, p. 420.

[4] Martin’s Life of the Prince Consort, Vol. V, p. 422.

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