CHAPTER XIV.

CONSIDERATION OF THE BRITISH DEMAND IN AMERICA.

Before the middle of December, news of the intense excitement which

prevailed in England reached the United States. About this time the New

York Tribune said: “England is almost beside herself, is the tenor of

the latest and most trustworthy private letters. They say that passion

has swept away reason in a manner to an extent unknown since 1831, and

that the national sympathy with the South developed by recent events

is startling.” It having been suggested that the president submit a

proposal to settle the matter by arbitration, the New York Journal of

Commerce said that if only an adjudication by a court of admiralty were

desired by the English government, it “could be easily accommodated

by a return of the prisoners on board of the Trent at the point of

capture, and then Captain Wilkes could fire a gun across her bow and

bring her into port according to law.”

On December the 18th, the messenger of the British government, who had

been sent from London with dispatches from his government relative to

the affair, reached Washington and reported to Lord Lyons. The nature

of the messages immediately became known by some means, and the entire

North was excited anew by the prospect of a double war, but still there

was a popular belief that the prisoners would not be surrendered, since

there appeared to be no reason for a reversal of the almost universal

verdict given at the time of the capture.

The momentous question everywhere was, “Will the government at

Washington concede the British demand and give up the men?” Everybody

wondered whether the angry growl of the British lion would have a

sensible effect upon Mr. Lincoln and the administration. “The press

took up the exciting theme, and, as usual, differed widely as to

the course the government should adopt. Meanwhile the keen-sighted

and adventurous began to talk of and to take steps toward the

preparation of cruisers to prey upon the shipping of England, and an

army of volunteers to meet the attack of the British army expected at

Canada was on the _tapis_. Stocks went down at home and abroad as the

warlike feeling in both countries went up, and to the public, war, for

a while, seemed imminent.”[1]

It was rumored that the prisoners would be given up by the

administration. Among those that denied it was the New York Herald,

which said it was only a “silly rumor” and that there “was not the

slightest truth in the report.”

The “silly rumor,” however, speedily became a matter of seriousness,

and, although not confirmed, it was universally believed, and was

discussed by the press and the people of the North. Public opinion

was everywhere strongly opposed to the course of action which rumor

said would be pursued by the government. Such a proceeding, it was

said, would be degrading to the nation, and was too humiliating to

be endured. The right of a nation to deal as it wishes with its own

citizens who are seeking to compass its destruction was confidently

affirmed, and, although the case seemed a desperate one in view of the

consequences which were almost certain to result from a refusal to

accede to the British demand, there was a strong sentiment in favor of

accepting what appeared to be the only alternative that remained to

the American people, namely, to engage in another war with England.

This opinion found favor with many public men, including prominent

congressmen.

While this rumor was being discussed by the press and the public,

Senator John P. Hale, of New Hampshire, made a speech in the United

States senate concerning the matter. After saying that the measure

involved more of good or evil to the country than anything that had

ever occurred before, he continued as follows: “To my mind a more fatal

act could not mark the history of this country--an act that would

surrender at once to the arbitrary demand of Great Britain all that

was won in the revolution, reduce us to the position of a second rate

power, and make us the vassal of Great Britain. I would go as far as

any reasonable man would go for peace, but not further. I would not

be unwilling to submit this subject to the arbitration of any of the

great powers of Europe, but I would not submit to the arbitrary, the

absolute demand of Great Britain, to surrender these men, and humble

our flag even to escape from a war with Great Britain. No man would

make more honorable concessions than I would to preserve the peace, but

sometimes peace is less honorable and more calamitous than war. The

administration which is now in power ought to know what the feeling of

the country is.”

Mr. Hale then referred to a conversation which he had just had with

Senator Lane, of Indiana, who had said that the state of Indiana had

then sixty thousand men in the field, and that she would double that

number in sixty days if a war with Great Britain were brought about.

“I have seen many gentlemen,” continued Mr. Hale, “and I have seen

none, not a man can be found, who is in favor of this surrender, for it

would humiliate us in the eyes of the world, irritate our own people

and subject us to their indignant scorn. If we are to have war with

Great Britain, it will not be because we refuse to surrender Messrs.

Mason and Slidell; that is a mere pretense. If war shall come it will

be because Great Britain has determined to force war upon us. They

would humiliate us first and fight us afterwards. If we are to be

humiliated I prefer to take it after a war, and not before. It is true,

war would be a sacrifice to the people. I think I see its horrors, its

disasters, its carnage, its blood, and its desolation, but, sir, let

war come; let your cities be battered down, your armies be scattered,

your fields barren, to preserve untarnished the national honor; a

regenerating spirit among your people will restore your armies, and

rebuild your cities and make fruitful your fields. * * * I pray that

this administration will not surrender our national honor. I tell them

that hundreds and thousands will rush to the battlefield, and bare

their breasts to its perils rather than submit to degradation.

* * * * *

“But if we are to have war--I do not say that we shall--it will not

be without its advantages. It will be a war that can not be carried

on without fighting, and if we only understand our true position, we

can proclaim to every man who speaks the English language on God’s

footstool, the cause for which we are fighting; and this appeal will

reach the hearts of millions of Englishmen, Irishmen and Frenchmen.

“We have heard, Mr. President, some fears expressed that Louis Napoleon

is taking sides with England, and that we are to contend with the

combined energies of both France and England. I do not believe it. I

believe if Louis Napoleon harbors one single sentiment, if his action

is guided by one single principle, if he has one single feeling that is

predominant over all others, it is to have a fair field to retrieve the

disastrous issue of Waterloo. And besides, sir, all over this country,

throughout Canada, and in Ireland, there are hundreds and thousands and

hundreds of thousands of true-hearted Irishmen who have long prayed

for an opportunity to retaliate upon England for the wrongs which for

centuries that government has inflicted upon their fatherland. If we

know our own position and our own strength--I refer to the strength of

principle--there will be nothing to be afraid of in this contest. If

war must come, let it come; but I tell you, and I do not pretend to

be a prophet, I think the slightest sagacity in public councils will

sustain me in the position that if England enters upon this war, she

will enter upon one of more than doubtful contingency.”[2]

On December 16, in anticipation of the action of the government, Mr.

Vallandigham, of Ohio, introduced into the House of Representatives

a long preamble reciting the facts concerning the capture of the

commissioners by Captain Wilkes, and the subsequent approval of his act

by the secretary of the navy and by the popular branch of congress.

To this was appended a resolution affirming it to be the sense of the

house, “That it is the duty of the president to now firmly maintain the

stand thus taken, approving and adopting the act of Captain Wilkes,

in spite of any menace or demand of the British government, and that

this house pledges its full support to him in upholding now the honor

and vindicating the courage of the government and people of the United

States against a foreign power.” By a vote of one hundred and nine

to sixteen the resolution was referred to the committee on foreign

affairs, Mr. Vallandigham and his friends voting with the minority.[3]

A prominent public man who at that time was holding the position of

minister to one of the European courts thought that “men and money

should be sent into Ireland, India and all of the British dominions all

over the world, to stir up revolt. Our cause is just, and vengeance

will sooner or later overtake that perfidious aristocracy.”

The press throughout the North commented very freely upon the

situation while the British demand was being considered. In general

the newspapers did not sanction the proposed course of the government

and their belligerent tone plainly indicated that they, too, favored

a settlement of the controversy by a resort to arms. The Cincinnati

Commercial said: “If war with England can with honor be avoided, we

must avoid it; but if a peremptory demand for the release of Mason and

Slidell has been made we do not see how it can be honorably complied

with.”

“If we must fight we should pattern after England and hasten

preparations on every side, on a scale commensurate with the danger,

and with the celerity becoming action in so dreadful an emergency.

One of the first things to be done would be the withdrawing from the

southern coast of our fleets and armies, for, if exposed as at present,

they would be annihilated in a month after the British commenced

hostilities. We should also withdraw the outposts at Fortress Monroe,

and provide that place with ample stores of provisions and ammunition

that it might laugh a siege to scorn. The defense of our coast would

also demand the utmost resources of the endangered communities and the

supervision and assistance of the government.”

About the same time the Detroit Free Press said that “The threatened

attitude of our affairs with England has once more called the attention

of the public to our national defenses in the northern states. So far

as the lakes are concerned, it would be impossible for England and

Canada to offer any resistance, for our mercantile marine--much of

which can be used temporarily until ships of war can be constructed--is

more than a hundred fold more than theirs. We have more than a hundred

ships where England and Canada have one, and our sailors upon these

inland seas are in the same proportion. Under these circumstances it

would be idle to expend any large sums of money, if war was probable,

in fortifying our harbors or roadsteads. It is hardly possible to

conceive of such a state of things to occur when we should not command

the lakes absolutely. But to keep this ascendency the states bordering

on the lakes should have large arsenals or depots of ammunition ready

for instant use. If we had rifled cannon we could fit out a hundred

gun-boats, which would command every harbor in the lakes in thirty

days. We have the small steamers, but we have not the guns, the shot,

the shell and other ammunition necessary to use the vessels to the best

advantage.”

Another very well known newspaper said: “We can only hope that those at

the head of the government may be equal to the emergency and that they

will maintain the honor of the nation at whatever sacrifice.”[4]

On December 12, the Cincinnati Gazette discussed the probabilities of a

war with England and the true motive of that country for engaging in a

contest with the United States: “National consciences are easily bent

to suit their own interests. The possessions and the wars of England in

every part of the world show this virtue in her to an eminent degree.

She is now suffering great distress from our war, and has apprehensions

of greater, as the winter advances. Therefore she supposes she has

nothing additional to suffer by a war, and that by opening a market for

her goods, and releasing the cotton supply, she will have immediate

relief and a return to prosperity; while with her immense fleet she

believes the job will be an easy one, and will not cause her any great

additional expense. England believes it her interest to interfere, and

her interest is her most reliable motive, as it is of all nations.”

On December 19, John W. Forney, who was, at that time, one of the best

informed newspaper correspondents in the United States, discussed

the situation in a contribution to the Philadelphia Press. He said:

“England knows she is strong. This is our hour of weakness and she

may make it her opportunity to strike. She can now be arrogant and

insulting, for now her arrogance and insult can not be resented. The

northern coast is exposed to her large and powerful navy; our towns

are not fortified, and she may bring desolation upon our people and

our manufacturing interests. All this she knows. Her armaments are

large and well appointed; her army has been increased almost to a war

footing; she is prepared to throw large bodies of troops into the

eastern and northern portion of our republic; Canada is filled with

armed men, and the frontiers of Canada are simply so many garrisons.

Our commerce is at her mercy. In the Mexican gulf there is a large

British fleet, which could render our newly gained strongholds on the

southern coast untenable, and accomplish the destruction of the brave

men at Port Royal, Hatteras and Santa Rosa Island. She may break our

blockade and entirely nullify our expeditionary operations. With the

Potomac virtually blockaded, and an immense army under Beauregard in

our rear, Washington would probably fall. With the Chesapeake Bay open

to any navy that may choose to enter; with a disloyal population in

Maryland, with enemies along the Virginia and Atlantic coasts, England

could precipitate a fearful series of disasters, and, perhaps, with

the aid of the southern armies, turn the bloody tide of war upon the

northern states.

“It may be in view of all these grave considerations, and the sad

necessities of the case, that in order to avoid a war which could

only end in our discomfiture, the administration may be compelled to

concede the demands of England, and, perhaps, release Messrs. Mason and

Slidell. God forbid, but in a crisis like this we must adapt ourselves

to stern circumstances and yield every feeling of pride to maintain

our existence. If this contingency should ever arrive--and I am only

speculating upon a disagreeable possibility--then let us swear--not

only to ourselves, but to our children who come after us--to repay this

greedy and insolent power with the retribution of a just and fearful

vengeance. If England, in our time of distress, makes herself our foe,

and offers to become our assassin, we will treat her as a foe when we

can do so untrammeled and unmenaced by another enemy.”

Mr. Seward evidently did not take so gloomy a view of the situation.

About a month later, in a private letter in which was discussed the

probability of English interference, he gave it as his opinion that

“whatever nation makes war against us, or forces itself into a war,

will find out that we can and shall suppress rebellion and defeat

invaders besides. The courage and determination of the American people

are aroused for any needful effort--any national sacrifices.”[5]

News of the English demand and its consideration at Washington was

quickly received throughout the South where it caused great rejoicing.

The southern newspapers of December 21 are filled with expressions

of delight at the prospect of a war between England and the United

States. In the South it was believed that such a war would overcome the

power of the Federal navy, bring upon the North and easily secure the

independence of the Southern Confederacy. Virginia orators proclaimed

at Richmond “that the key of the blockade had been lost in the trough

of the Atlantic.”[6] It was said by southern leaders that the only

condition of war was that the North should maintain the position

already assumed. Governor Letcher, of Virginia, seems to have exhibited

much enthusiasm, for he said in a public address that his own nightly

prayers were offered to God that upon this occasion “Lincoln’s backbone

might not give way.”

Still an ominous silence prevailed at Washington. “The leading

statesmen, senators and members of congress, clergymen and delegates

from peace societies, newspaper reporters, speculators in the funds

and many other lesser men, openly or surreptitiously, worked heaven

and earth to ascertain the intentions of the president, but in vain.

Lincoln and Seward smiled calmly at the questioners and evaded a

reply.”[7]

To one inquirer who seemed unusually anxious Mr. Lincoln replied by

telling a story. “Your question reminds me,” said he, “of an incident

which occurred out west. Two roughs were playing cards for high

stakes, when one of them, suspecting his adversary of foul play,

straightway drew his bowie-knife from his belt and pinned the hand of

the other player upon the table, exclaiming: ‘If you haven’t got the

ace of spades under your palm, I’ll apologize.’”[8]

To persons who expressed a fear that public sentiment might become so

strongly in favor of war that that course would have to be determined

upon, and that such a proceeding would be fatal to the country, Mr.

Lincoln replied by telling a characteristic story. He said: “My father

had a neighbor from whom he was only separated by a fence. On each side

of that fence there were two savage dogs, who kept running backward

and forward along the barrier all day, barking and snapping at each

other. One day they came to a large opening recently made in the fence.

Perhaps you think they took advantage of this to devour each other?

Not at all; scarcely had they seen the gap, when they both ran back,

each with their tails between their legs. These two dogs are fair

representatives of America and England.”[9]

The language of Earl Russell’s demand and Lord Lyons’s manner of

presenting it were in themselves sufficiently courteous. This feature

of it would be worthy of commendation, if there were nothing else to

be considered in connection with it. The United States government was

to be allowed no opportunity for a full statement of the facts or to

present its own views of the right to make the capture. Behind the

demand was the instruction to Lord Lyons to leave Washington within

a week in the event of the failure of the Federal government to

comply with the British terms; there were the extensive preparations

in England for war; there was the hurrying of several thousand troops

into Canada and the hasty fortification of the frontier of that

province, and lastly the evasive answer Lord Lyons should return, if

he were asked what would be the consequences of a refusal to surrender

the prisoners. These things all foretold with unmistakable clearness

what the consequence would be, if any attempt were made by the United

States to maintain the seizure on the principles of international law

as determined even by British precedents and practice. It meant simply

instant war--a struggle in which England would be actuated by motives

of selfish policy in a much greater degree than by the principle that

she was pretending to uphold and defend. The weavers of Lancashire at

that time were beginning to suffer from a cotton famine, and there

was much impatience from that quarter on account of the continuance

of the civil war in America. It was a struggle in which England had

everything to gain so far as her industrial and material interests were

concerned, for it meant an abundant supply of cotton for Lancashire and

the addition of millions of customers to British markets with all the

advantages which that would confer. To the United States, on the other

hand, such a war meant the loss of everything--the transfer of the

Federal armies to the northern frontier, the raising of the blockade,

the ravaging of unprotected coasts, the bombardment and blockade

of sea coast cities, a probable invasion of the northern states by

British troops from Canada, and last but not least an alliance between

England and the Confederacy--a move which would probably result

in establishing the independence of the latter and the permanent

disseverance of the Union. It was necessary to bear all of these things

in mind while considering the British demand.

Mr. Seward evidently did not expect England to take such a serious

stand in regard to the matter. It had been his belief that the British

government would not want the prisoners.[10] He said on a later

occasion that Lord Lyons’s communication was “our first knowledge that

the British government proposed to make it a question of insult and so

of war.”[11]

Nothing is known of the first private conferences between Secretary

Seward and the president concerning this matter. It is more than

probable, however, in the light of subsequent events, that Mr. Lincoln

foresaw the inevitable at once and hoped only for some method of

escape from the difficulty, without dishonor to the country or loss of

any indirect advantage to the United States which might result from

a compliance with the British demand. He saw, too, the necessity of

making the compliance in such a way that it would be as agreeable as

possible to public opinion throughout the country, which was decidedly

opposed to the surrender of the commissioners. A cabinet meeting was

appointed for December 24, at which it was expected to consider the

demand for the surrender of Messrs. Mason and Slidell. The date of

this meeting was afterward postponed, on account of urgent domestic

affairs, until December 25. It is to be presumed that Mr. Lincoln

gave the matter much earnest consideration during the interval. He

prepared an experimental draft of a dispatch in answer to the one which

had been submitted by Lord Lyons. In his proposed answer Mr. Lincoln

acknowledged the receipt of his lordship’s dispatch, and said that

redress would be due and cheerfully made to England, if the facts as

stated in the British demand were all that bore upon the case. But

such, he said, was not the case; the British side of the matter only

had been presented and the record was incomplete. An unwillingness

to express an opinion was then asserted, inasmuch as the Federal

government had no assurance that its views would be heard or considered

by her majesty’s government. It was then stated that no insult to

the British flag had been intended, neither was it desired to force

any embarrassing question into discussion. Both of these facts were

evident, it was stated, because the seizure had been made without any

instructions whatever from the United States government. The difficulty

incident to a complete undoing of Captain Wilkes’s act, unless it were

wrong or very questionable, was then mentioned and an inquiry made as

to whether the British government would consider the American side

of the question, including the fact of existing insurrection in the

United States; the neutral attitude of England toward the belligerents;

the American citizenship and the traitorous mission of the captured

persons; the British captain’s knowledge of these things when the

commissioners embarked at Havana; the place where the capture was made,

and the bearing of international law and precedent upon the case. It

was then stated that, if the foregoing facts together with any others

pertinent to either side of the case could be submitted, the Federal

government would, if England were willing, cheerfully submit the whole

affair to a peaceable arbitration and would abide the result. The last

paragraph of the proposed dispatch provided that no redress should

exceed in kind and amount that which was already demanded and that the

award should constitute the basis of a rule for the determination of

similar cases between the two nations in future.

When the cabinet meeting to consider the matter was finally held Mr.

Lincoln’s proposed dispatch was not discussed, neither was any similar

proceeding urged. More than half of the days of grace had elapsed and

something must be done quickly else a foreign war would be added to

the domestic one. However desirable arbitration may have been it was

precluded by the nature of the demand of England.

The principal discussion seems to have been devoted to a proposed

dispatch of Secretary Seward by the terms of which the commissioners

were to be surrendered. There may have been some miscellaneous talk

and a discussion of current rumors. Senator Sumner, chairman of the

senate committee on foreign relations, was invited in. One day was not

found sufficient for the consideration of this important matter, and

the session was therefore continued on the following day. Mr. Seward’s

proposed dispatch upon which the surrender was based could not be fully

discussed at one session, as the paper appears to have been prepared

solely by the secretary of state without the assistance of either Mr.

Lincoln or any of his cabinet officers. Of the debate and the various

opinions, we have some record in the subsequent writings of the

different persons who were present.

From the published extracts taken from the diary of Attorney-General

Bates, it appears that there was a full and frank discussion of the

paper of Mr. Seward. All of the members of the cabinet were impressed

with the extraordinary gravity of the situation as probably the fate

of the nation depended on the result of their deliberations. Mr. Bates

himself urged the surrender. Waiving the legal right about which

there was much doubt, he favored compliance with the British demand

on account of the necessity of the case. The country could not afford

to have a war with England, he thought, as that would be to give up

hope of subduing the insurrection; it would ruin trade, bankrupt the

treasury, and bring other calamities. President Lincoln and the other

members were slow to acknowledge these truths.

Mr. Welles has said: “The president was from the first willing to make

concession. Mr. Blair advocated it. Mr. Seward was at the beginning

opposed to any idea of concession which involved giving up the

emissaries, but yielded at once and with dexterity to the peremptory

demand of Great Britain.”[12] In another place Mr. Welles says: “Mr.

Seward should receive credit for the dexterous and skillful dispatch

which he prepared on his change of position. It exhibits his readiness

and peculiar tact and talent to extricate himself from and to pass over

difficulties.”[13]

In private correspondence Mr. Seward afterward said of the matter: “The

consideration of the Trent case was crowded out by pressing domestic

affairs until Christmas day. It was considered on my presentation of

it on the 25th and 26th of December. The government when it took the

subject up had no idea of the grounds upon which it would explain its

action nor did it believe that it would concede the case. Yet it was

heartily unanimous in the actual result after two days examination in

favor of the release. Remember that in a council like ours there are

some strong wills to be reconciled.”[14]

Secretary Chase recorded his own opinion as he gave it in the

discussion. He thought it was too much for the English government to

expect of the United States on that occasion, and that she ought to

overlook the little wrong. He believed that Great Britain did not fully

understand all of the circumstances as did the United States, and if

she did, the surrender of the commissioners would not be expected. If

the conditions were reversed the Federal government would accept the

explanations of the English government, and allow their rebels to be

retained, and he could not help believing that Great Britain would do

likewise were the case fully understood. He continued to discuss the

subject as follows: “But we can not afford delays. While the matter

hangs in uncertainty the public mind will remain disquieted, our

commerce will suffer serious harm, our action against the rebels must

be greatly hindered, and the restoration of our prosperity--largely

identified with that of all nations--must be delayed. Better, then, to

make now the sacrifice of feeling involved in the surrender of these

rebels, than even avoid it by the delays which explanations must

occasion. I give my adhesion, therefore, to the conclusion at which the

secretary of state has arrived. It is gall and wormwood to me. Rather

than consent to the liberation of these men I would rather sacrifice

everything I possess. But I am consoled by the reflection that, while

nothing but severest retribution is due to them, the surrender, under

existing circumstances, is but simply doing right--simply proving

faithful to our own ideas and traditions under strong temptations to

violate them--simply giving to England and the world the most signal

proof that the American nation will not under any circumstances,

for the sake of inflicting just punishment on rebels, commit even a

technical wrong against neutrals.”[15]

The main reason for hesitation was doubtless the fear of public opinion

in the North. It was certain that a surrender of the commissioners

would bring the displeasure of the people upon the government, which

would be accused of having timidly submitted to the unjust demands

of England. Statesmen greatly dislike to act under what appears to

be menace or dictation from a foreign power. The cabinet discussion

ended, however, as has been stated already by two of the members, in

a unanimous agreement upon the letter of reply which the secretary

of state had prepared. This communication proposed a surrender upon

diplomatic reasons which were apparently a triumph of the American

principle.

AUTHORITIES AND REFERENCES.

1. Congressional Globe: Pt. I, 2d Sess., 37th Cong.

2. Diary of Events, Moore’s Rebellion Record, Vol. III.

3. Magazine of American History, March, 1886, and June, 1886.

4. McPherson’s Political History of the Rebellion, p. 343.

5. Nicolay and Hay: Life of Lincoln, Vol. V.

6. Paris, Comte de: The Civil War in America.

7. Pollard, E. A.: The Lost Cause.

8. Principal American Newspapers, December, 1861.

9. Southern Law Review, Vol. VIII.

10. Weed, Thurlow: Life of, Vol. II.

11. Welles, Gideon: Lincoln and Seward.

FOOTNOTES:

[1] C. K. Tuckerman in Magazine of American History, June, 1886.

[2] Congressional Globe, Dec. 26, 1861.

[3] Mr. Vallandigham’s sincerity may well be doubted. His purpose was

probably to embarrass the government.

[4] Indianapolis Sentinel, Dec. 7, 1861.

[5] Life of Thurlow Weed, Vol. II, p. 410.

[6] Pollard, p. 196.

[7] Tuckerman, Magazine American History, June, 1886.

[8] Magazine of American History, June, 1886.

[9] Comte de Paris, Civil War in America, pp. 470-1.

[10] Welles’s Lincoln and Seward, p. 186.

[11] Seward to Weed, March 7, 1862.

[12] Lincoln and Seward by Gideon Welles, I, p. 188.

[13] Ibid, p. 185.

[14] Seward to Weed, Life of Thurlow Weed, Vol. II, p. 409.

[15] Warden’s Life of Chase, pp. 393-394.

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