Glass L^-5^ Book Xu such thing as the free hired laborer being fixed to that condition for life. Many independent men everywhere in these States, a few years back in their lives, were hired laborers. The prudent, penniless beginner in the v/orld, labors for Avages awhile, saves a surplus with which to buy tools or land for himself; then labors on his own account another while, and at length hires another new beginner to help him. This is the just, and generous, and prosperous system, which opens the way to all — gives hope to all, and consequent energy, and pro- gress, and improvement of condition to all. No men living are more worthy to be trusted than those who toil up from poverty — none less inclined to take, or touch, aught which they have not honestly earned. Let them beware of surrendering a political power which 20 ANNUAL MESSAGE OF THE PRESIDENT. they already possess, and which, if surrendered, will surely be used to close the door of advancement against such as they, and to fix new disabilities and burdens upon them, till all of liberty shall be lost. From the first taking of our National Census to the last, are seventy years; and we find our population, at the end of the period, eight times as great as it was at the beginning. The increase of those other things, which men deem desirable, has been even greater. We thus have, at one view, what the popular principle, applied to gov- ernment, through the machinery of the States and the Union, has produced in a given time; and also what, if firmly maintained, it promises for the future. There are already among us those who, if the Union be preserved, will live to see it contain two hundred and fifty millions. The struggle of to-day is not altogether for to-day — it is for a vast future also. With a reliance on Providence, all the more firm and earnest, let us proceed in the great task which events have devolved upon us. ABRAHAM LINCOLN. Washington, December 3. 186L LIST OF PAPERS RELATING TO FOREIGN AFFAIRS ACCOMPAMTIXG THE president's MESSAGE TO CONGRESS, AT THE OPENING OF ITS SESSION IN DECEMBER, 1861. CIRCULARS. Page. ]Mr. Black (Secretary of State) to all the Ministers of the United States — Feb. 28,1861. 31 Mr. Seward (Secretary of State) to all the Ministers of the United States ^^^"1^ 9'1861. 32 Mr. Seward to ministers of the United States in France, England, Russia, Prussia, Aiistria, Belginm, Italy, and Denmark April ,24,1861. -34 INSTRUCTIONS AND DESPATCHES. PRUSSIA. Mr. Seward to Mr. Judd, (extract) March 22, 1861. 37 Mr. Wright to Mr. Seward, (extract) May 8,1861. 38 Same to same, (extract) May 15,1861. Same to same, (extract) ^iay 26,1861. 39 Same to same, (extracts) Jime 8,1861. Same to same, (extract -with accompaniments) June 25,1861. 41 Baron Schlemitz to Baron Gerolt June 13,1861. 41 Mr. Seward to Baron Gerolt July 16,1861. 44 Baron Gerolt to Mr. Seward July 17,1861. 45 Mr. Judd to Mr. Seward, (extracts). July 2,1861. 4G Same to same, (extract, with an accompaniment) July 24,1861. 47 Mr. Seward to Mr. Judd July 26,1861. 49 Same to same, (extract) Aug. 12,1861. 49 Mr. Judd to Mr. Seward, (extract) Aug. 27,1861. 50 Same to same, (extract) Oct. 10,1861. 50 Mr. Seward to Mr. .Judd Oct. 21,1861. 51 22 ANNUAL MESSAGE OF THE PRESIDENT. BELGIUM. Mr. Soward to Mr. Sauford March 22 Mr. Sanford to Mr. Seward, (extract) May Same to same, (extracts) May Same to same, (extract) : , June' Same to same, (extract and accompaniment) July Mr. Seward to Mr. Sanford May Same to same June Same to same .. . -. June Mr. Sanford to Mr. Seward, (extract) July Mr. Seward to Mr. Sanford July Mr. Sanford to Mr. Seward July Mr. Seward to Mr. Sanford July Mr. Sanford to Mr. Seward July Mr. Seward to Mr. Sanford Aug. Same to same - - Aug. Same to same Aug. Page. 22 1S61. 53 10 1S61. 55 26 1861. 55 22 1861. 57 2 1861. 58 C 1861. 59 21 1861. 59 22 1861. 60 3 1861. 60 8 1861. 61 IS 1861. 61 30 1861. 62 30 1861. 62 5 1861. 63 12 1861. 63 21 1861. 63 MEXICO. Mr. Seward to Mr. Corwin April 6,1861. 65 Mr. Corwin to Mr. Seward, (extract) May 29,1861. 69 Same to same, (extracts) June 29,1861. 70 GRExVT BRITAIN. Mr. Seward to Mr. Adams April Mr. Dallas to Mr. Seward, (extracts) March 2 Same to same, (extract). . .... April Same to same, (with an accompaniment) April Mr. Seward to Mr. Adams April Mr. Dallas to Mr. Seward, (with an accompaniment) May Mr. Adams to Mr. Seward, (extracts). May Mr. Seward to Mr. Adams, (extracts) May Mr. Adams to Mr. Seward, (extract) May Same to same, (extracts), — May Mr. Seward to Mr. Adams June Mr. Adams to Mr. Seward, (extract) June Mr. Seward to Mr. Adams, (with an accompaniment) June Same to same June Mr. Adams to Mr. Seward. . June Same to same, (extracts) June Mr. Seward to Mr. Adams Jime Mr. Adams to Mr. Seward , (extracts) June Same to same, (extracts) June Mr. Seward to Mr. Adams July Mr. Adams to Mr. Seward, (extract) July Same to same, (with accompaniments) — July 10 1S61. 71 22 1861. 80 5 1861. 81 9 1861. 81 27 1861. 82 2 ,1861. 83 17 1861. 85 21 1861. 87 21 1861. 90 31 1861. 96 3 18G1. 97 7 1861. 98 8 1861. 99 8 1861. 100 8 1861. 103 14 1S61. 103 19 1861. 106 21 1861. 109 28 1861. 110 1 1861. 111 12 1861. 113 19 1861. 113 ANNUAL MESSAGE OF THE PRESIDENT 23 GREAT BRITAIN— Continued. Mr. Seward to Mr. Adams Mr. Adams to Mr. Seward, (extracts) Mr. Seward to Mr. Adams Same to same Mr. Adams to Mr. Seward, (with accompaniments) Mr. Seward to Mr. Adams Same to same .... Mr. Adams to Mr. Seward, (extract). Mr. Seward to Mr. Adams - - Same to same Same to same — — - Mr. Adams to Mr. Seward, (with accompaniments)..., Mr. F. W. Seward to Mr. Adams Mr. Adams to Mr. Seward, (with accompaniments) Mr. Seward to Mr. Adams, (extracts) Same to same Mr. Adams to Mr. Seward, (extracts, with accompaniments).... Same to same (with accompaniments) Mr. Seward to Mr. Adams, (with an accompaniment) Same to same, (with an accompaniment).. Same to same...... ...... .... .... .. .... Mr. Adams to Mr. Seward, (extract, with accompaniments) Mr. Seward to Mr. Adams Same to same Same to same - Same to same.... Mr. Adams to Mr. Seward, (extract) Same to same.... Same to same, (extract, with accompaniments) Same to same, (with an accompaniment) Mr. Seward to Mr. Adams Same to same.... Same to same Mr. Seward to Lord Lyons, (circular) Lord Lyons to Mr. Seward Siime to same ...f Mr. Seward to Lord Lyons.... Same to same Same to same, (circular).... Lord Lyons to Mr. Seward Mr. Seward to Lord Lyons Lord Lyons to Mr. Seward, (with an accompaniment) Mr. Seward to Lord Lj'ons Lord Lyons to Mr. Seward Mr. Seward to Mr. Adams July 21 1861. July 2G ,1861. July 2G ,1861. July 29 1861. Aug. 2 1861. Aug. 6 1861. Aug. 12 ,1861. Aug. 16 1861. Aug. 17 1861. Aug. 17 1861. Aug. 17 1861. Aug. 23 1861. Aug. 27 1861. Aug. 30 1861. Sept. 2 1861. Sept. 7 1861. Sept. 7 ,1861. Sept. 9 1861. Sept. 10 1861. Sept. 10 1861. Sept. 11 1861. Sept. 14 1861. Sept. 14 1861. Sept. 14 1861. Sept. 25 1861. Sept. 25 1861. Sept. 28 1861. Sept. 28 1861. Oct. 4 1861. Oct. 11 1861. Oct. 22 1861. Oct. 23 1861. Oct. 29 1861. Oct. 4 1861. Oct. 12 1861. Oct. 14 1861. Oct. 14 1861. Oct. 14, 1861. Oct. 16 1861. Oct. 17 1861. Oct. 18 1861. Oct. 23 1861. Oct. 24 1861. Oct. 28, 1861. Nov. 11 1861. 24 ANNUAL MESSAGE OF THE PRESIDENT. GREAT BRITAIN— Continued. CASE OF THE " PERTHSHIRE." Lord Lyons to Mr. Seward, (with an accompanimeiit) Oct. Mr. Seward to Mr. Welles - Oct. Mr. Seward to Lord Lyons Oct. Mr. Welles to Mr. Seward, (with accompaniments). Oct. Mr. Seward to Lord Lyons Oct. AUSTRIA. Mr. Seward to Mr. Burlingame, (extracts) April Mr. Jones to Mr. Seward, (extract) April Same to same ..^ July Mr. Hulsemann to Mr. Seward, (with an accompaniment) Aug. Mr. Seward to Mr. Hulsemann Aug. Mr. Seward to Mr. Jones Aug. Mr. Seward to Mr. Motley Aug. Mr. Seward to Mr. Motley Sept. FRANCE. Mr. Seward to Mr. Dayton April Mr. Faulkner to Mr. Black March Mr. Faulkner to Mr. Seward, (extract) - April Mr. Seward to Mr. Dayton May Mr. Dayton to Mr. Seward, (extracts, with an accompaniment) — May Same to same, (extracts, with accompaniments) May Mr. Seward to Mr. Dayton May Mr. Dayton to Mr. Seward, (extracts) May Same to same, (extracts, with an accompaniment) June Same to same, (extracts) ... June Mr. Seward to Mr. Dayton Jime Mr. Dayton to Mr. Seward, (extracts, with an accompaniment) June Mr. Seward to Mr. Da)'ton June Same to same, (extracts) .... — - June Mr. Dayton to Mr. Seward, (extracts) June Same to same, (extract) June Mr. Seward to Mr. Dayton, (extracts) July Same to same .. July Mr. Dayton to Mr. Seward, (extract) July Same to same, (extracts) July Mr. Seward to Mr. Dayton, (extract) July Same to same, (extract) July Mr. Dayton to Mr. Seward, (with accompaniments) July Same to same, (extract, with an accompanTraent) .... Aug. Mr. Seward to Mr. Dayton Aug. Same to same, (extract) Aug. Same to same _ Aug. Mr. Dayton to Mr. Seward, (extracts) Aug. Page. 11, 1861. 177 19 18G1. i7;> 19 1861. 179 24 1861. 179 24,1861. 181 13 1861. 183- 15 1861. 188 20 1861. 188 7 1861. 189 22 1861. 190- 12 1861. 191 2T, 1861. 192 20 1861. 192 22 1861. 195 19 1861. 201 15 18G1. 204 4 1861. 206 22, 1861. 208 27 1861. 212 30 1861. 215 30 1861. 21G — 1861. 218 7 1861. 220 8 1861. 221 12 1861. 222 17 186 L 224 22 1861. 229 22 1861. 229 28 1861. 230 6 1861. 231 6 1861. 231 5 1861. 234r 22 1861. 235 26 1861. 235 30 1861. 236 30 1861. 236 2 1861. 238 17 1861. 240- 17 1861. 240 19 1861. 241 19 J861. 241 ANNUAL MESSAGE OF THE PRESIDENT. 25 FRANCE— Continued. Page. Sametosame Aug. 19,1861. 241 Same to same, (with au accompaniment) Aug. 22, 1861. 242 Same to saaie, (with an accompaniment) Aug. 29,1861. 244 Mr. Seward to Mr. Dayton Sept. 5,1861. 247 Mr. Dayton to Mr. Seward, (with au accompaniment) Sept. 7,1861. 247 Mr. Seward to Mr. Dayton Sept. 10,1861. 249 Mr. Dayton to Mr. Seward, (extract, with an accompaniment) Sept. 10, 1861. 252 Mr. Seward to Mr. Dayton Sept. 23,1861. 253 Sametosame Oct. 10,1861. 254 Mr. Dayton to Mr. Seward Oct. 14,1861. 254 Mr. Seward to Mr. Dayton Oct. 21,1861. 254 Sametosame Oct. 21,1861. 254 Mr. Dayton to Mr. Seward, (with an accompaniment) Oct. 22,1861. 255 Mr. Seward to Mr. Dayton Nov. 7,1861. 255 Sametosame Nov. 7,1861. 2.56 Mr. Dayton to Mr. Seward Nov. 23,1861. 256 SPAIN. Mr. Seward to Mr. Schurz, (extract) April 27,1861. 257 Mr. Preston to Mr. Seward, (extract) April 22,1861. 260 Same to same, (extract) May 25,1861. 260 Mr. Perry to Mr. Seward, (extract) June 13,1861. 261 Same to same, (with an accompaniment) June 19,1861. 263 Mr. Seward to Mr. Schurz Jime 22,1861. 264 Mr. Perry to Mr. Seward July 12,1861. 264 Mr. Schurz to Mr. Seward, (extracts, with accompaniments) July 15,1861. 266 Mr. Seward to Mr. Tassara July 15,1861. 267 Mr. Seward to Mr. Schurz July 20,1861. 269 Mr. Schurz to Mr. Seward July 22,1861. 269 Same to same, (extract, with an accompaniment) ., Aug. 5,1861. 270 Mr. Seward to Mr. Schurz Aug. 8,1861. 271 Mr. Tassara to Mr. Seward Aug. 9,1861. 271 Mr. Seward to Mr. Schurz Aug. 15,1861. 272 Sametosame Aug. 20,1861. 272 Sametosame Sept. 3,1861. 273 Sametosame Sept. 5,1861. 273 Same to same, (with accompaniments) Sept. 18,1861. 273 Mr. Schurz to Mr. Seward, (extract) Oct. 9,1861. Same to same, (extract) Oct. 17,1861. 285 Sametosame Oct. 20,1861. 287 Acting Secretary of State to Mr. Schurz Nov. 5,1861. 288 Sametosame Nov. 5,1861. 288 Mr. Seward to Mr. Sclun-z Nov. 9,1861. 290 Sametosame Nov. 11,1861. 290 ROME. Mr. Seward to Mr. King April 29,1861. 291 Mr. Seward to Mr. Stockton April 30,1861. 292 Mr. Stockton to Mr. Seward Sept. 14,1861. 292 26 ANNUAL MESSAGE OF THE PRESIDENT. RUSSIA. Mr. Seward to Mr. Clay May Mr. Appleton to Mr. Black, (extract) Jan . Mr. Appleton to Mr. Seward, (extract) April Same to same, (extract) May Mr. Seward to Mr. Clay May Mr. Appleton to Mr. Seward, (extract, with accompaniments) June Mr. Clay to Mr. Seward, (extract) June Mr. Seward to Mr. Clay, (extract) -- July Mr. Clay to Mr. Seward, (extracts) June Mr. Seward to Mr. Clay July Mr. Clay to Mr. Seward, (extracts) Aug. Mr. Seward to Mr. Clay Aug. Same to same Sept. Prince Gortchacow to Mr. de Stoeckl , Jul}- Mr. Seward to Mr. de Stoeckl Sept . 6, 1861. 293 12, 1861. 297 20 1861. 99 23, 1861. 300 21 1861. 301 3, 1861. 301 7, 1861. 302 8, 1861. 303 21, 1861. 303 9 1861. 306 3 1861. 306 12 1861. 307 3 1861. 307 10 1861. 308 7 1861. 309 DENMARK. Mr. Seward to Mr. Wood, (extract) May Same to same May Mc. Wood to Mr. Seward July Same to same July Mr. Seward to Mr. Wood Aug. Same to same . Aug. Same to same .- Sept. 1, 1861. 311 c, ISGl. 313 11, 1861. 313 19 1861. 313 1, 1861. 314 22 1861. 314 5 1861. 315 ITALY. Mr. Seward to Mr . Marsli, (extracts) May Same to same , June Mr. Dillon to Mr. Seward, (extracts, with an accompaniment) June 10, 1861 Mr. Marsh to Mr. Seward, (extracts) June Same to same, (extracts) July Mr. Seward to Mr. Marsh July Same to same, (extracts) - - Ji-dy Mr. Marsh to Mr. Seward, (with an accompaniment) Sept. Mr. Seward to Mr. Marsh Sept. Same to same . Nov. SWITZERLAND. Mr. Seward to Mr. Fogg May Mr Fay to Mr. Seward, (extract) May Same to same, (extract) June Same to same, (extract) June Same to same, (extract) .- July Mr. Fogg to Mr. Seward July 9 1861. 317 21 1861. 319 10, 1861. 319 27, 1861. 320 6 1861. 322 23, 1861. 323 30, 1861. 324 2. 1861. 324 20 1861. 226 22 1861. 327 15, 1861. 329 18 1861. 331 3, 1861. 332 7, 1861. 332 2, 1861. 333 8, 1861. 33.7 ANNUAL MESSAGE OF THE PEESIDENT. SWITZERLAND— Continued. Mr. he ward to Mr. Fogg, (extract) July Same to same Aug. Same to same Sept. NETHERLANDS. Mr. Seward to Mr. Pike ., May Mr. Murphy to Mr. Seward, (extract) .. April Same to same, (with an accompaniment) April Same to same, (with an accompaniment) April Same to same ... . . May Mr. Pike to Mr. Seward, (extracts) ---- June Same to same, (extract) June Same to same, (extracts) June Mr. Seward to Mr. Pike June Mr. Pike to Mr. Seward, (extract, -with accompaniments) June Mr. Seward to Mr. Pike July Mr. Pike to Mr. Seward, (extracts) July Mr. Seward to Mr. Pike July Same to same July Mr. Pike to Mr. Seward, (extract) .' July Mr. Seward to Mr. Pike Jidy Same to same ... - Aug. Mr. Pike to Mr. Seward Aug. Same to same, (extract) Aug. Same to same, (with an accompaniment ) - Sept. Mr. Seward to Mr. Pike Sept. Mr. Pike to Mr. Seward, (extract) Sept. Same to same, (extract) - Sept. Mr. Seward to Mr. Pike Sept. Mr. Pike to Mr. Seward, (extracts, with an accompaniment) Sept. Mr. Seward to Mr. Pike Sept. Same to same Oct. Mr. Pike to Mr. Seward Oct. Mr. Seward to Mr. Pike Oct. Mr. Pike to Mr. Seward, (extracts) Oct. Same to same, (with an accompaniment) — ....... Oct. Mr. Seward to Mr. Pike s Oct. Mr. Pike to Mr. Seward Oct. Mr. Seward to Mr. Pike Oct. Same to same — — Nov. Mr. Pike to Mr. Seward, (extract, with an accompaniment) Nov. Mr. Seward to Mr. Pike Nov. Same to same Nov. Same to same.... Nov. 27 Page. 29,1861. 338 G,1861. 338 14. ISGl. 339 16 1861. 2 1861. 10 1861. 30 1861. 27 1861. 8 1861. 12 1861. 14 1861. 14 1861. 16 1861. 1 1861. 4 1861. 8 1861. 8 1861. 12 1861. 26 1861. 15 1861. 18 1861. 28, 1861. 4, 1861. 5 1861. 11, 1861. 18, 1861. 23, 1861. 25, 1861. 28, 1861. 4, 1861. 9, 1861. 10, 1861. 12, 1861. 16, 1861. 17, 1861. 23, 1861. 30, 1861. 2, 1861. 6, 1861. 11, 1861. 11, 1861. 23, 1861. 28 ANNUAL MESSAGE OF THE PRESIDENT. TURKEY. Page. Mr. Brown to Mr. Seward, (extract) May 29, 18G1. 389 Same to same, (extract) June 11,1861. 389 Same to same, (with an accompaniment) Jmie 12,1801. 390 Same to same, (extract, with accompaniments) July 17,18G1. 391 Mr. Seward to Mr. Morris Aug. 28,1SG1. .392 SWEDEN. Mr. Angel to Mr. Seward, (extract) May 22, 18G1. 395 Same to same, (extract, with an accompaniment) May 30, lOGl. 39.5 Same to .same, (extract) June 4,1861. 39G Same to same, (extract) June 10,1861. 396 Mr. Haldeman to Mr. Seward, (extract) June 14, 1861. 397 Same to same, (extract) July 4,1861. 397 Mr. Seward to Mr. Haldeman July 8,1861, 398 Same to same July 25,1861. 398 Mr. Haldeman to Mr. Seward, (extracts) July 28,1801. 399 Mr. Seward to Mr. Haldeman July 30,1801. .399 Same to same Aug. 19,1861. 400 Same to same, (extract) Aug. 19,1861. 400 Same to same, (extract) Sept. 7,1801. 401 PORTUGAL. Mr. Morgan to Mr. Seward, (extract) April G, 18GL 403 Same to same, (with an accompaniment) May 29, 1861. 403 Mr. Harvey to Mr. Seward July 25,1861. 405 Same to same, (extract, with an accompaniment ) July 28,1861. 406 Same to same, (with accompaniments) Jirly 30,1801. 408 Mr. Seward to Mr. Harvey July 30, 1861. 409 Same to same ^ Aug. 17,1861. 411 Same to same Aug. 21,1861. 411 Same to same Aug. 24,1861. 412 Mr. Harvey to Mr. Seward, (with an accompaniment) Aug. 25,1801. 412 PERU. Mr. Seward to Mr. Robinson Nov. 12,1801. 415 GUATEMALA. Mr. Crosby to Mr. Seward, (extract) June 1,1861. 417 NICARAGUA. Mr. Seward to Mr. Dickinson .June 5,1801. 419 EGYPT. Mr. Thayer to Mr. Seward June 29,1861, 421 Same to same, (extract) .July 20,1801. 423 Mr. Seward to Mr. Thayer Aug. 13,1801. 425 ANNUAL MESSAGE OF THE PRESIDENT. 29 VENEZUELA. Mr. Turpiu to Mr. Seward, (extract) July 27,1861. 427 CHILI. Mr. Eigler to Mr. Seward, (extract, with an accompauimc'ut) Aug, 2,1861. 429 iSame to same, (extract, with aa accompaniment).... .. . .. . Aug. 17,1861. 430 Same to same, (extract, with an accompaniment) Sept. 2,1861. 431 HAWAIIAN ISLANDS. Mr. Dryer to Mr. Seward, (extract, with accompaniments) Sept. 5, 18G1. 433 Same to same, (with an accompaniment).... .......... Sept. 7,1861. 43€ JAPAN. Mr. Harris to Mr. Seward, (with accompaniments) July 9,1861. 437 ;' Mr. Seward to Mr. Harris Oct. 21,1861. 441 CORRESPONDENCE, 3Ir. Black {Secretary cf State) to all the ministers of the United States. CIRCULAR. Department of State, Washington, February 28, 1861. Sir : You are, of course, aware that the election of last November resulted in the choice of Mr. Abraham Lincoln ; that he was the candidate of the re - publican or anti-slavery party; that the preceding' discussion had been con- fined almost entireh" to topics connected, directly or indirectly, with the sub- ject of negro slavery; that every northern State cast its whole electoral vote (except three in New Jersey) for Mr. Lincoln, while in the whole south the popular sentiment against him was almost absolutely universal. Some of the southern States, immediately after the election, took measures for separating themselves from the Union, and others soon followed their example. Conventions have been called in South Carolina, Georgia, Florida, Alabama, Mississippi, Louisiana, and Texas, and those conventions, in all except the last-named State, have passed ordinances declaring their seces- sion from the federal government. A congress, composed of representatives from the six first-named States, has been assembled for some time at Mont- gomery, Alabama. By this body a provisional constitution has been framed for what it styles the " Confederated States of America." It is not improbable that persons claiming to represent the States which have thus attempted to throw off their federal obligations will seek a recog- nition of their independence by the Emperor of Russia. In the event of such an effort being made, you are expected hj the President to use such means a.s may in your judgment be proper and necessary to prevent its success. The reasons set forth in the President's message at the opening of the present session of Congress, in support of his opinion that the States have no constitutional power to secede from the Union, are still unanswered, and are believed to be unanswerable. The grounds upon which thej' have attempted to justify the revolutionary act of severing the bonds which con- nect them with their sister States are regarded as wholly insufficient. This government has not relinquished its constitutional jurisdiction within the territory of those States, and does not desire to do so. It must be very evident that it is the right of this government to ask of all foreign powers that the latter shall take no steps which ma,j tend to encourage the revolutionary movement of the seceding States, or increase the danger of disaffection in those which still remain loyal. The President feels assured that the government of the Emperor will not do anj'thing in these affairs inconsistent with the friendship which this government has always heretofore experienced from him and his ancestors. If the- inde- pendence of the " Confederated States" should be acknowledged by the great powers of Europe it would tend to disturb the friendly relations, diplo- matic and commercial, now existing between those powers and the United 32 ANNUAL MESSAGE OF THE PEESIDENT. States. All these are consequences which the court of the Emperor will not fail to see are adverse to the interests of Russia as well as to those of this country. Your particular knowledge of our political institutions will enable jon to explain satisfactorily the causes of our present domestic troubles, and the grounds of the hope still entertained that entire harmony will soon be restored. I am, sir, respectfully, your obedient servant, J. S. BLACK. John Appletox, Esq., etc., Sc, &c. The same, mutatis mutandis, to W. Preston, Esq., Madrid; E. G. Fair, Esq., Brussels; Theo. S. Fav, Esq., Berne; Jos. A. Wright, Esq., Berlin; J. G. Jones, Esq., Vienna; J. Williams, Esq., Constantinople; Geo. M. Dallas, Esq., London; Chas. J. Faulkner, Esq., Paris; Henry C. Murphy, Esq., Haerue. 3Ir. Seward {Secretary of State) to all the ministers of the United States. CIRCULAE. Department of State, Washington, March 9, 1861. Sir: My predecessor, in his despatch, number 10, addressed to you on tlte 28th of February last, instructed you to use all proper and necessary measures to prevent the success of eflforts which may be made by persons cJaiming to represent those States of this Union in whose name a provisional government has been announced to procure a recognition of their inde- pendence by the government of Spain. I am now instructed by the President of the United States to inform you that, having assumed the administration of the government in pursuance of an unquestioned election and of the directions of the Constitution, he renews the injunction which I have mentioned, and relies upon the exercise of the greatest possible diligence and fidelity on your part to counteract and pre- vent the designs of those who would invoke foreign intervention to embar- rass or overthrow the republic. When you reflect on the novelty of such designs, their unpatriotic and revolutionary character, and the long train of evils which must follow directly or consequentially from even their partial or temporary success, the President feels assured that you will justly appreciate and cordially approve the caution which prompts this communication. I transmit herewith a copy of the address pi'onounced by the President on taking the constitutional oath of office. It sets forth clearly the errors of the misguided partisans who are seeking to dismember the Union, the grounds on which the conduct of those partisans is disallowed, and also the general policy which the government will pursue with a view to the preser- vation of domestic peace and order, and the maintenance and. preservation of the federal Union. You will lose no time in submitting this address to the Spanish minister for foreign affairs, and in assuring him that the President of the United Staters entertains a full confidence in the speedy restoration of the harmony and unity of the government by a firm, yet just and liberal bearing, co- operating with the deliberate and loyal action of the American people. You will truthfully urge upon the Spanish government the consideration ANNUAL MESSAGE OF THE PEESmENT. 33 that tlie present disturbances have had their origin only in popular passions, excited under novel circumstances of very transient character, and that while not one person of well-balanced mind has attempted to show that dis- memberment of the Union would be permanently conducive to the safety and welfare of even his own State or section, much less of all the States and sec- tions of our country, the people themselves still retain and cherish a pro- found confidence in our happy Constitution, together with a veneration and afiection for it such as no other form of government ever received at the hands of those for whom it was established. We feel free to assume that it is the general conviction of men, not only here but in all other countries, that this federal Union affords a better sys- tem than any other that could he contrived to assure the safety, the peace, the prosperity, the welfare, and the happiness of all the States of which it is composed. The position of these States, and their mining, agricultural, manufacturing, commercial, political, and social relations and influences, seem to make it permanently the interest of all other nations that our present political system shall be unchanged and undisturbed. Any advan- tage that any foreign nation might derive from a connexion that it might form with any dissatisfied or discontented portion, State, or section, even if not altogether illusory, would be ephemeral, and would be overbalanced by the evils it would suffer from a disseverance of the whole Union, whose manifest policy it must be hereafter, as it has always been heretofore, to maintain peace, liberal commerce, and cordial amity with all other nations, and to favor the establishment of well-ordered government over the whole American continent. Nor do we think we exaggerate our national importance when we claim that any political disaster that should befall us, and introduce discord or anarchy among the States that have so long constituted one great pacific, prosperous nation, under a form of government which has approved itself to the respect and confidence of mankind, might tend by its influence to dis- turb and unsettle the existing systems of government in other parts of the world, and arrest that progress of improvement and civilization which marks the era in which we live. The United States have had too many assurances and manifestations of the friendship and good will of her Catholic Majesty to entertain any doubt that these considerations, and such others as your own large experience of the working of our federal system will suggest, will have their just influence with her, and will prevent her Majesty's government from yielding to solici- tations to intervene in any unfriendly way in the domestic concerns of our country. The President regrets that the events going on here may be pro- ductive of some possible inconvenience to the people and subjects of Spain; but he is determined that those inconveniences shall be made as light and as transient as possible, and, so far as it may rest with him, that all strangers who may suffer any injury from them shall be amply indemnified. The Presi- dent expects that you will be prompt in transmitting to this department any information you may receive on the subject of the attempts which have suggested this communication, I am, sir, respectfully, your obedient servant, WILLIAM H. SEWARD. W. Preston, Esq., Madrid. The same, mutatis mutandis, to E. G. Fair, Esq., Brussels; Theo. S. Fay, Esq., Berne; Jos. A, Wbight, Esq., Berlin; J. G. Jones, Esq., Vienna; J. WiL' LiAMs, Esq., Constantinople; Geo. M. Dallas, Esq., London; Chas. J. Faulk* NER, Esq., Paris; John Appleton, Esq., St. Petersburg; Henbt C. Murphy, ■ Esq., Hague. Ex. Doc. 1 3 34 ANNUAL MESSAGE OF THE PEESIDENT. Mr. Seward to ministers of the United States in Great Britain, France, JRussia, Prussia, Austria, Belgium, Italy, and Denmark. CIRCULAR. Department of State, Washington, April 24, 1861, Sir: The advocates of benevolence and the believers in human progress, encouraged by the slow though marked meliorations of the barbarities of war which have obtained in modern times, have been, as you are well aware, recently engaged with much assiduity in endeavoring to effect some modifi- cations of the law of nations in regard to the rights of neutrals in maritime war. In the spirit of these movements the President of the United States, in the year 1854, submitted to the several maritime nations two propositions, to which he solicited their assent as permanent principles of international law, which were as follows: 1. Free ships make free goods; that is to say, that the effects or goods belonging to subjects or citizens of a power or State at war are free from capture or confiscation when found on board of neutral vessels, with the exception of articles contraband of war. 2. That the property of neutrals on board an enemy's vessel is not sub- ject to confiscation unless the same be contraband of war. Several of the governments to which these propositions were submitted expressed their willingness to accept them, while some others, which were in a state of war, intimated a desire to defer acting thereon until the return of peace should present what they thought would be a more auspicious season for such interesting negotiations. On the 16th of April, 1856, a congress was in session at Paris. It con- sisted of several maritime powers, represented by their plenipotentiaries, namely, Great Britain, Austria, France, Russia, Prussia, Sardinia, and Tur« key. That congress having taken up the general subject to which allusion has already been made in this letter, on the day before mentioned, came to an agreement, which they adopted in the form of a declaration, to the effect following, namely: 1. Privateering is and remains abolished. 2. The neutral flag covers enemy's goods, with the exception of contra- band of war. 3. Neutral goods, with the exception of contraband of war, are not liable to capture under enemy's flag. 4. Blockades, in order to be binding, must be effective; that is to say, main- tained by forces sufficient really to prevent access to the coast of the enemy. The agreement pledged the parties constituting the congress to bring the declaration thus made to the knowledge of the States which had not been represented in that body, and to invite them to accede to it. The congress, however, at the same time insisted, in the first place, that the declaration should be binding only on the powers who were or should become parties to it as one whole and indivisible compact; and, secondly, that the parties who bad agreed, and those who should afterwards accede to it, should, after the adoption of the same, enter into no arrangement on the application of mari- time law in time of war without stipulating for a strict observance of the four points resolved by the declaration. The declaration which I have thus substantially recited of course pre- vented all the powers which became parties to it from accepting the two propositions which had been before submitted to the maritime nations by the President of the United States. The declaration was, in due time, submitted by the governments repre- sented in the congress at Paris to the government of the United States. ANNUAL MESSAGE OF THE PRESIDENT. 35 The President, about the 14th of July, 1856, made known to the States concerned his unwillingness to accede to the declaration. In making that announcement on behalf of this government, my predecessor, Mr. Marcy, called the attention of those States to the following points, namely: 1st. That the second and third propositions contained in the Paris decla- ration are substantially the same with the two propositions which had before been submitted to the maritime States by the President. 2d. That the Paris declaration, with the conditions annexed, was inad- missible by the United States in three respects, namely: 1st. That the gov- ernment of the United States could not give its assent to the first proposi- tion contained in the declaration, namely, that "Privateering is and remains abolished," although it was willing to accept it with an amendment which should exempt the private property of individuals, though belonging to belligerent States, from seizure or confiscation by national vessels in mari- time war. 2d. That for this reason the stipulation annexed to the declara- tion, viz: that the propositions must be taken altogether or rejected alto- gether, without modification, could not be allowed. 3d. That the fourth condition annexed to the declaration, which provided that the parties acced- ing to it should enter into no negotiation for any modifications of the law of maritime war with nations which should not contain the four points con- tained in the Paris declaration, seemed inconsistent with a proper regard to the national sovereignty of the United States. On the 29th of July, 1856, Mr. Mason, then minister of the United States at Paris, was instructed by the President to propose to the government of France to enter into an arrangement for its adherence, with the United States, to the four principles of the declaration of the congress of Paris, provided the first of them should be amended as specified in Mr. Marcy's note to the Count de Sartiges on the 28th of July, 1856. Mr. Mason accord- ingl}' brought the subject to the notice of the imperial government of France, which was disposed to entertain the matter favorablj^, but which failed to communicate its decision on the subject to him. Similar instructions regard- ing the matter were addressed by this department to Mr. Dallas, our minister at London, on the 31st day of January, 1857; but the proposition above referred to had not been directly presented to the British government by him when the administration of this government by Franklin Pierce, during whose term these proceedings occurred, came to an end, on the 3d of March, 1857, and was succeeded by that of James Buchanan, who directed the nego- tiations to be arrested for the purpose of enabling him to examine the questions involved, and they have ever since remained in that state of sus- pension. The President of the United States has now taken the subject into consid- eration, and he is prepared to communicate his views upon it, with a dispo- sition to bring the negotiation to a speedy and satisfactory conclusion. For that purpose you are hereby instructed to seek an early opportunity to call the attention of her Majesty's government to the subject, and to ascertain whether it is disposed to enter into negotiations for the accession of the gov- ernment of the United States to the declaration of the Paris congress, with the conditions annexed by that body to the same; and if you shall find .that government so disposed, you will then enter into a convention to that eflect, substantially in the form of a project for that purpose herewith transmitted to you; the convention to take effect from the time when the due ratifica- tions of the same shall have been exchanged. It is presumed that you will need no special explanation of the sentiments of the President on this sub- ject for the purpose of conducting the necessary conferences wnth the gov- ernment to which you are accredited. Its assent is expected on the ground that the proposition is accepted at its suggestion, and in the form it has 36 ANNUAL MESSAGE OF THE PRESIDENT. preferred. For your own information it will be siiflficient to say that the President adheres to the opinion expressed by my predecessor, Mr. Marcy, that it would be eminently desirable for the good of all nations that the property and effects of private individuals, not contraband, should be exempt from seizure and confiscation by national vessels in maritime war. If the time and circumstances were propitious to a prosecution of the negotiation with that object in view, he would direct that it should be assiduously pur- sued. But the right season seems to have passed, at least for the present. Europe seems once more on the verge of quite general wars. On the other band, a portion of the American people have raised the standard of insurrec- tion, and proclaimed a provisional government, and, through their oi'gans, have taken the bad resolution to invite privateers to prey upon the peaceful commerce of the United States. Prudence and humanity combine in persuading the President, under the circumstances, that it is wise to secure the lesser good offered by the Paris congress, without waiting indefinitely in hope to obtain the greater one offered to the maritime nations by the President of the United States. I am, sir, respectfully, your obedient servant. WILLIAM H. SEWARD. Charles Fkancis Adams, Esq., <&c., &c., &c. The same, mutatis mutandis, to the ministers of the United States in France, Russia, Prussia, Austria, Belgium, Italy, and Denmark. Convention upon the subject of the rights of belligerents and neutrals in time of war, betiveen the United States of America and her Majesty the Queen of Great Britain and Ireland. The United States of America and her Majesty the Queen of Great Britain and Ireland, being equally animated by a desire to define with more pre- cision the rights of belligerent and neutrals in time of war, have, for that purpose, conferred full powers, the President of the United States upon Charles F. Adams, accredited as their envoy extraordinary and minister plenipotentiary to her said Majesty, and her Majesty the Queen of Great Britian and Ireland, upon And the said plenipotentiaries, after having exchanged their full powers, have concluded the following articles : Article I. 1. Privateering is and remains abolished. 2. Tlie neutral flag covers enemy's goods, with the exception of contraband of war. 3. Neutral goods, •with the exception of contraband of war, are not liable to capture under enemy's flag. 4. Blockades in order to be binding, must be effective; that is to say, maintained by a force sufficient really to prevent access to the coast of the enemy. Article II. The pi'esent convention shall be ratified by the President of the United States of America, by and with the advice and consent of the Senate, and by her Majesty the Queen of Great Britain and Ireland, and the ratifications shall be exchanged at Washington, within the space of six months from the signature, or sooner if possible. In faith whereof, the respective plenipo- tentiaries have signed the present convention in duplicate, and have thereto affixed their seals. « Done at London, the day of , in the year of our Lord, one thousand eight hundred and sixty-one (186L) PRUSSIA. Mr. Seward to Mr. Judd. [Extract.] No. 1.] Department of State, Washington, March 22, 1861. Sir: Contrary to what usually happens in giving instructions to a minister going abroad, I am directed by the President to ask you to fix your atten- tion in the first instance, and to keep it constantly fixed, on the actual con- dition of affairs at home. I allude, of course, to the unlawful and uncon- stitutional attempt which is being made to detach several of the States from the federal Union, and to organize them as an independent republic under the name of the " Confederate States of America." You are well aware of what you will find Europeans unable to under- stand, namely, that owing to the very peculiar structure of our federal gov- ernment, and the equally singular character and habits of the American people, this government not only wisely but necessarily hesitates to resort to coercion and compulsion to secure a return of the disaffected portion of the people to their customary allegiance. The Union was formed upon popular consent and must always practically stand on the same basis. The temporary causes of alienation must pass away; there must needs be disasters and disappointments resulting from the exercise of unlawful authority by the revolutionists, while happily it is certain that there is a general and profound sentiment of loyalty pervading the public mind throughout the United States. While it is the intention of the President to maintain the sovereignty and rightful authority of the Union everywhere with firmness as well as discretion, he at the same time relies with great confidence on the salutary working of the agencies I have mentioned, to restore the harmony and Union of the States. But to this end it is of the greatest importance that the disaffected States shall not succeed in obtaining favor or recognition from foreign nations. It is understood that the so-called Confederate States of America have sent, or are about to send, agents to solicit such recognition in Europe, although there is no special reason for supposing Prussia to be one of the nations to which application will be made. An almost electric political con- nexion, however, exists between the several capitals of western Europe, and therefore your most efficient and unfailing efforts must be put forth directly, and even indirectly, to prevent the success of that ill-starred design. This matter was deemed so important by the late administration that my predecessor, on the 28th of February last, made it a subject of a circular despatch, of which an original part was transmitted by him to Mr. Wright, who proceeded you in your mission. The present administration entertain the same general view of the sub- ject which in that despatch was taken by Mr. Buchanan. Accordingly, on the 9th day of March instant, I sent to our representatives abroad a new circular letter in which I reiterated and amplified the instructions which 38 ANNUAL MESSAGE OF THE PRESIDENT. had thus been given to them by Mr. Black. Although that circular will be found in the archives of your legation, yet for your greater convenience I append a copy of it to this communication. This department has little more to add to that paper when it is read, as it ought to be, in connexion with the President's inaugural address, on which it rests for its basis. It may, however, be well to call your attention to the fact that in that communication, as in this, I have forborne altogether from discussing the groundless complaints and pretexts which have been put forth by the organs of disunion to justify the rash and perilous revolution which they are attempting to inaugurate. I have practiced this reticence not because the point is unimportant, but because the dispute is purely a domestic one, and the President would not willingly have the archives of our legations bear testimony to so un-American a proceeding as an acknowledgment, even by indirection, that this government ever consented to join issue upon a purely family matter of this kind with a portion of our own citizens before a foreign tribunal. Nevertheless, should you find that any weight is given to those complaints and pretexts in the court to which you are accredited, your per- fect knowledge of all the transactions involved, will, I am sure, enable you to meet them conclusively and satisfactorily without precise instructions on that point. You will not take up any subject of controversy or debate that may arise between the governments of Prussia and the United States, without first communicating the matter to this department, and you will practice the same forbearance on any subject of controversy which your predecessor may have left for your attention. These instructions are given you because it is our first and most earnest desire and expectation that you will avoid all possible forms of offence or irritation, and will, on the other hand, endeavor to establish the most friendly and cordial relations with the govern- ment of the King of Prussia. With this view you will assure his Majesty that the Pi'esident and people of the United States entertain sentiments of the highest respect and sincere good will for his Majesty and the people of Prussia. I am, sir, your obedient servant, Norman B. Judd, Esq , c&c., d;c., &c. WILLIAM H. SEWARD. Mr. Wright to Mr. Seward. [Extract.] No. 173.] United States Legation, Berlin, May 8, 1861. Sir: I have, since my return, had a long interview with Baron Von Schleinitz, the minister for foreign affairs, who, whilst he expressed the earnest sympathy of his government with the American people in their present troubles, not only because of the efiFect of such disturbances upon the commerce of Europe, but also on account of the intimate relations between the two countries, owing to the presence of a large German popula- tion in the United States, gave me the most positive assurance that his government, from the principle of unrelenting opposition to all revolutionary ANNUAL MESSAGE OF THE PRESIDENT. 39 movements, would be one of the last to recognize any de facto government of the disaffected States of the American Union. The news of to-day has exerted the most unhappy influence upon the Americans here, and the universal sentiment is a profound desire and a hope for the restoration of peace in the United States. * * * I have the honor to be, most respectfully, your verv obedient servant, JOSEPH A. WRIGHT. His Excellency Hon. William H. Seward, Secretary of State, Washington, D. C. Mr. Wright to Mr. Seward. [Extract.] No. 174. J United States Legation, Sir: 5f: Berlin, May 15, 1861. The proclamation of the President was received by the previous mail, and the subject has received due consideration. On receipt of your circular dated the 20th of April, I immediately called upon Baron de Schleinitz, minister of foreign affairs, who had received the proclamation of the President, and he at once promptly informed me that, in his opinion, no apprehension need be entertained as to Prussian subjects engaging under the authority of the so-called Confederate States in fitting out privateers, or in any manner interfering with our commerce. Prussia has but few ports. Hers is not a sea-faring people, and the sympathies of the government and of the people arc with the United States. Whatever danger may be apprehended on this subject must come from Bremen, Ham- burg, and other ports situated in Oldenburg, Hanover, i&c. Due vigilance will be used to prevent any such unlawful interference, and if any such be detected the proper authorities will be promptly advised thereof, and every effort will be made to suppress it. Not knowing whether your circular has been sent to the consuls, I have forwarded copies to several already. I have the honor to be, very respectfully, your obedient servant, JOSEPH A. AVRIGHT. Hi§ Excellency Hon. William H. Seward, Secretary of State, Washington, D. G. Mr. Wright to Mr. Seward. [Extract.] No. 115.] United States Legation, Berlin, May 26, 1861. Sir: ***** * Enclosed is a copy of a recent communication to the minister of foreign affairs. Prussia will take efficient steps to sustain the government of the 40 ANNUAL MESSAGE OF THE PRESIDENT. United States in the protection of property and commerce, and will do all she can, consistently with her obligations to other governments, to sustain the vigorous action of our government in maintaining law and order. The minister of foreign affairs, Baron Von Schleinitz, informed me on yesterday that it was the intention of the government to issue a proclama- tion touching these questions. The government and people are, in spirit and feeling, with us. I am in the receipt of hundreds of letters and personal calls seeking positions in the American army, and asking for means of conveyance to our shores. So numerous, indeed, are the applications, that I have been compelled to place on the doors of the legation a notice to the purport that " This is the lega- tion of the United States, and not a recruiting oflSce." The fidelity and firmness exhibited with such unanimity by our own people in sustaining the administration in their efforts to put down the outrages of the so-called " Confederate States," whilst it astonishes the people of the old world, is at the same time rapidly creating a sentiment of confidence in our ability to maintain unimpaired the institutions of our fathers. Let the cost be what it may, we must vindicate the memory of our fathers from the slanders announced by those in high places in the so-called " Con- federate States," wherein they have proclaimed ours is only a confederation of States, and not a national union. I have the honor to be, most respectfully, your obedient servant, JOSEPH A. WRIGHT. His Excellency Hon. William H. Sewaed, Secretary of State, Washington, D. G. Mr. Wright to Mr. Seward. [Extracts.] No, It 6.] United States Legation, Berlin, June 8, 1861. Sir: Although the Prussian government has not issued a proclamation upon the subject referred to in my last despatch, I still continue to receive from the minister of foreign affairs the strongest assurances of the sympathies and friendship of this government. * * * * Your circular of the 6th of May has been received, but the subject had been duly considered previously thereto. No opportunity will be neglected to counteract any efforts that may be made by individuals or associations in negotiations hostile to the United States. I have the honor to be, most respectfully, your obedient servant, JOSEPH A. WRIGHT. Hon, William H. Seward, Secretary of State, Washington, D G. ANNUAL MESSAGE OF THE PEESIDENT. 41 Mr. Wright to Mr. Seward. [Extract.] No. 1Y8.] United States Legation, Berlin, June 25, 1861. Sir: 3fJ 5|C 3JC JfC SjC *I* I have received this moment a copy of the National Zeitung, containing the despatch of Baron Schleinitz to Baron Gerolt; and also an order from the minister of commerce, addressed to Prussian subjects engaged in trade and commerce. This is not what I had expected. I was anticipating a procla- mation from the King more full and distinct. This will doubtless have the desired efiect, as it will be published in all the German journals, and coming from Prussia will be duly respected by the German States and Free Cities. Their sympathy and spirit is with the United States government. Mr. Judd is expected on the 2Tth instant. I have the honor to be, very respectfully, your obedient servant, JOSEPH A. WRIGHT. Hon. William H. Seward, Secretary of State, Washington City. Baron Schleinitz to Baron Gerolt. [Translation .] Berlin, June 13, 1861, The various herewith enclosed statements, by wliich your excellency has given me a knowledge of the occurrences through which the internal tran- quillity of the Union is disturbed, have called forth my serious considera- tion. The hope which, until now, we so willingly entertained, that the inchoate conflict between the government of the United States and sundry of the southern States of the Union would be brought to an amicable set- tlement, is now, unhappily, in view of existing conditions, borne back to a far distance. The indubitable fact of the state of the intestine warfare in which the Union is placed is a source of deep regret to the King's government. The relations of close friendship which connect Prussia and the government of the United States exist from the foundation of the Union. They have en- dured nearly a hundred years ; never at any time disturbed by change of circumstances, nor in any wise impaired. By a series of treaties, by means of which the improvement of the inter- ests of manufacture and commerce on either side has been eminently developed, the intimate relations between the two States have attained a prosperous durability. At no time, between these two powers, has any collision of antagonistic interests found a foothold. The soaring flight which the internal prosperity of the Union has taken, extending its range from year to year by means of the bond of unity of the States thus knit together, the commanding attitude which North America has attained, abroad, has been looked upon by Prussia not merely with no dissatisfaction but has rather been greeted by her with honest sympathy. The more earnestly, then, do we regret that the continuance of so pros- perous a condition of things should appear to be placed in question by the 42 ANNUAL MESSAGE OF THE PEESIDENT. inchoate disturbance of that internal unity, the unshaken existence of which had, until this time, formed the surest foundation of the Union. It behooves not the royal government either to discuss the causes of existing contro- versies or to pass judgment upon those debatable questions which belong entirely to the domestic relations of the Union. Our whole endeavor in this matter must be addressed to sustaining the United States in their here- tofore existing relations with us, even under the difficult circumstances of the present time. Nevertheless, by the serious turn which the conflict that has broken ont has already taken, and by the consequent self-reliant mode of proceeding of the government of the United States in relation to blockades, and the treatment of neutral navigation, essential and important interests on this side are also affected, and the royal government has taken into earnest con- sideration the protection thereof on grounds of international law and in conformity with treaty stipulations. Your excellency has full knowledge of the negotiations which, through a series of years, were carried on between Prussia and the United States, upon the principles which ought to be brought into application in naval war- fare in relation to the rights of neutral shipping. It is to the credit of the North American Cabinet that, in the year 1854, it availed itself of the plan of a treaty, proposed with us, to be first to take the initiative for putting the rights above mentioned in liberal and practical shape upon a broader foundar tion of well settled principles. We then willingly acceded to the North American proposition, and although the negotiations conducted by your excellency were closed without attaining the desired result, because a stand was then taken against that abolition of privateering which was suggested by us, it has, meantime, nevertheless, so fallen out that the general united desire to establish the recognition of the rights of neutral shipping during maritime warfare upon more extended and unassailable foundations has attracted, in praiseworthy degree, the attention of the great powers of Eu- rope. The declaration upon maritime rights by the Paris convention, on the 16th April, 1856, stands in evidence of this. The collective States of Europe, with the exception of Spain only, gave their adhesion thereto. But the United States of North America, in regard to the first principle con- cerning the abolition of privateering, to our regret, thought proper to qualify their assent to the Paris declaration, if we do not misapprehend the liberal and well-intentioned views by which that cabinet was guided in the matter. These were made known in the proposition of President Pierce upon the subject, according to which the principle that private propei'ty on the seas should be altogether inviolable, should be included among the provisions of the law of nations. It is to be regretted that the President did not succeed in giving efiect to his proposition. The estimation with which we regarded his course is sufficiently known to your excellency. By reason of the consequently prevailing doubts about the treatment to which neutral shipping may be subjected during the condition of things there connected with an incipient state of war, I must request your excel- lency will please to make this interesting question the subject of a friendly and unreserved conference with the Secretary of State of that country. It would certainly be most desirable to us that the government of the United States might embrace this occasion to announce their adhesion to the Paris declaration. Should this not be attained, then, for the present, we would urge that an exposition might be made, to be obligatory during the now commencing intestine war, in regard to the application generally of the second and third principles of the Paris declaration to neutral shipping. The provision of the second principle, that the neutral flag covers the ANNUAL MESSAGE OF THE PKESIDENT. 43 enemy's cargo, (with exceplion of contraband of war,) is already assured to Prussian sliipping by our treaty with the United States of May 1, 1828, again adopting article twelve of the treaty of September 10, 1185. We lay much stress upon this toward bringing round a determination to make application of this principle at the present time to neutral shipping generally and universally. We doubt this the less because, according to a despatch from the then President, addressed by the Secretary of State, L. Cass, under date of June 27, 1859, to the minister of the United States in Paris, and also communicated to us, without further referring to the Paris declaration, it is expressly mentioned that the principle that the neutral flag covers the enemy's cargo (contraband of war excepted) would be reduced to application in respect to the shipping of the United States always, and in its full extent. The import of the third principle, by which neutral private property under an enemy's flag (except contraband of war) is inviolable, becomes, in respect of its immediate recognition by the United States, a stringent necessity to the neutral powers. Let there be a doubt of the application of this principle, and the business enterprises of neutral States are exposed to inevitable shocks, and collisions of every conceivable kind are to be dreaded. To provide for the avoidance of these in due season, ive must at least anxiously desire. It would minister greatly to my satisfaction if your excellency, as soon as may be, could officially inform me that the overtures and propositions which you are commissioned to make to the administration have found a favorable reception. SCHLEINITZ. His Excellency Baron Von Gerolt, (&c., &c., d;c., Washington, [Translation.] On the same subject the minister of commerce issued the notification annexed to the mercantile classes in the Baltic ports: It is my duty to make known to you that during the continuance of the conflict which has broken out among the North American States the mercan- tile classes must abstain from all enterprises which are forbidden by the general principles of international law, and especially by the ordinance of the 12th of June, 1856, which has relation to the declaration of the 12th of April, 1856, upon the principles of maritime law. Moreover, I will not omit to make it especially noticeable by you that the royal government will not permit to its shipping or its subjects, which may mix up in these conflicts by t-aking letters of marque, sharing in privateering enterprises, carrjnng mer- chandise contraband of war, or forwarding despatches, to have the benefit of its protection against any losses which may befall them through such transactions. The equipment of privateers in the ports of this country is forbidden by the laws of the land, as is known to the mercantile community. 44 ANNUAL MESSAGE OF THE PRESIDENT. Mr. Seward to Baron Gerolt. Department of State, Washington, July 16, 1861. The undersigned, Secretary of State of the United States, has the honor of acknowledging the receipt of a copy of a letter of instruction, under the date of the 13th of June, from Baron Schleinitz, the minister of foreign affairs of his Majesty the King of Prussia, to Baron Gerolt, his Majesty's envoy extraordinary and minister plenipotentiary to the United States, which Baron Gerolt has submitted for perusal to the undersigned. Baron Gerolt, in pursuance of this instruction, has referred to doubts said to prevail in Europe about the treatment to which neutral^ shipping may be subjected during the continuance of the internal disturbance now exist- ing in the United States, and has requested from the undersigned an expla- nation of the views of this government thereupon. Baron Schleinitz, in this communication, has remarked that it would cer- tainly be most desirable for Prussia that this government should embrace this occasion to announce its adhesion to the celebrated declaration of Paris. But that if this could not be attained, then, for the present, the government of Prussia would urge that an exposition might be made to be obligatory during the present intestine disturbances in the United States, in regard to the application generally of the second and third principles of the Paris declaration to neutral shipping. The second principle of the Paris declaration is, that the neutral flag covers the enemy's goods, not contraband of war. The third principle is, that the goods, not contraband of war, of a neutral found on board an enemy's vessel are exempt from confiscation. The undersigned has the pleasure of informing Baron Gerolt, by authority of the President of the United States, that the government cheerfully declares its assent to these principles in the present case, and to continue until the insurrection which now unhappily exists in the United States shall have come to an end, and they will be fully observed by this government in its relations with Prussia. But the undersigned would be doing injustice to this government if he should omit to add, by way of explanation, that so long ago as the 24th of April last he transmitted ample instructions and powers to Mr. Judd, the then newly appointed Minister of the United States to Berlin, authorizing him to enter into a treaty (subject to the consent of the Senate of the United States) with the kingdom of Prussia for the adhesion of this govern- ment to the declaration of the congress at Paris. Similar instructions and powers were given to all the ministers appointed to conduct diplomatic intercourse with all existing maritime powers. This government in these instructions declared its continued desire and preference for the amend- ment of the Paris declaration pi-oposed by this government in 1856, to the effect that the private or individual property of non-combatants, whether belonging to belligerent States or not, should be exempted from confiscation in maritime war. But recurring to the previous failure to secure the adoption of that amendment, this government instructed its ministers, if they should find it necessary, to waive it for the present, and to negotiate our adhesion to the declaration pure and simple. The delay of Mr. Judd in his departure for Berlin is probably the cause why this proposition was not made by him to the Prassian government previous to the date of the instruction given by Baron Schleinitz to Baron Gerolt, which formed the occasion of the present note. ANNUAL MESSAGE OF THE PRESIDENT. 45 This government having thus practically anticipated the wishes of the Prussian government, the undersigned has, of course, been the more at liberty to accede to those wishes in the more limited extent in which they are expressed by Baron Schleinitz. The undersigned at the same time holds himself none the less bound to proceed with a view to a more ample and more formal establishment of the benign pi'inciples of maritime war in regard to neutral commerce as indi- cated in the instructions given to Mr. Judd. Of course the undersigned will be understood as not qualifying or modi- fying by this communication the right of the United States to close any of the national ports which have already fallen or which may fall into the hands of the insurgents, either directly or in the lenient and equitable form of the blockade which is now in full force. The undersigned cannot close this communication without expressing to Baron Gerolt the great satisfaction with which this government has learned, through the communication now acknowledged, that his Majesty the King of Prussia faithfully adheres to the existing treaties between the two countries, and fulfils, without question or reservation, all their obligations. This an- nouncement is accompanied by assurances of good feeling and good will that will not fail, under the peculiar circumstances of the times, to make a deep and lasting impression on the government and the people of the United States, and to perpetuate the friendship that for near a century has existed between the two countries to the great advantage and lasting honor of both. Baron Gerolt may be assured that the government and the people of the United States have deliberately and carefully surveyed the unhappy disturb- ance of their social condition which has caused so much linxiety to all friendly commercial nations, and have adopted the necessary means for its speedy and complete removal, so that they expect to be able to prosecute their accustomed career of enterprise, and, while fulfilling all the national obligations, to co-operate with enlightened nations engaged, like Prussia, in enlarging and increasing the sway of commerce, and in promoting and advancing the high interests of civilization and humanity. The undersigned offers to Baron Gerolt renewed assurances of his high cx)nsideration. WILLIAM H. SEWARD. Baron Fr. Gerolt, d:c., &c., &c., Washington. Baron Gerolt to Mr. Seward. [Translation.] Legation of Prussia, Washington^ July 17, 1861. The undersigned, envoy extraordinary and minister plenipotentiary of his Majesty the King of Prussia, has had the honor to receive the note of the honorable Mr. Seward, Secretary of the United States, in reply to the instruc- tions which Baron de Schleinitz, minister of foreign affairs at Berlin, trans- mitted to the undersigned to be communicated to the honorable Secretary of State of the United States. 46 ANNUAL MESSAGE OF THE PRESIDENT. The undersigned cannot but felicitate himself on the declaration made in this note in favor of the treatment of neutrals pending the duration of intestine disturbances in the United States, as well as on the sentiments of friendship and good understanding expressed in the note of the honorable W. H. Seward towards the government of his Majesty, to which the under- signed will hasten to communicate these demonstrations of the government of the United States. The undersigned seizes this occasion to renew to the honorable W. H. Seward the protestations of his most distinguished consideration. FR. VON GEROLT. Hon. William H. Seward, Secretary of State of the United States, ^Vashington. Mr. Judd to Mr. Seward. [Extracts.] Legation of the United States, Berlin, July 2, 1861. Sir: I arrived in Berlin on Thursday, the twenty-seventh ultimo, and was cordially welcomed by my predecessor, Mr. Wright, whose attentions and civilities, together with the information imparted to me in connexion with the mission, have tended very much to make my entry into Berlin and induc- tion into office agreeable and pleasant. Mr. Wright's position here and his influence, as the representative of our government, with the authorities, has been alike creditable and honorable to himself and useful to the citizens of the United States. His firm straightforward Americanism has won the respect of, and exerted a decided influence upon, the ruling, powers of this kingdom. On the 28th of June Mr. Wright applied to his excellency Baron Schleinitz, minister of foreign affairs, for an interview, for the purpose of presenting his open letter of recall, and affording me the opportunity of presenting the copy of my letter of credence, and requesting my presentation to his Majesty the King. The baron named the next day, at three o'clock p. m.; and, in accordance with the appointment, Mr. Wright and myself called upon the minister and presented our respective letters. In reply to my request for an audience, the baron stated that the King was at Potsdam; that he would notify him of our wishes, and advise of his Majesty's pleasure upon the subject. On Monday, the first of July, a note from the minister advised me that the King would receive me in private audience at his palace in Berlin at half past four p. m. of that day. Mr. Wright and myself attended, in pui'suance of the summons, and were presented to his Majesty by Baron Schleinitz. Mr. Wright presented his letter of recall, and addressed his Majesty some remarks appropriate to the occasion, of which his despatch of to-day will contain an account. I then presented my letter of credence, and stated to his Majesty that I was instructed by the President to convey to him the President's wishes for his health and happiness, and for the prosperity of his kingdom. That our government desired that the friendly relations so long existing between the two governments might continue and increase with the growing prosperity \ \ ANNUAL MESSAGE OF THE PRESIDENT. 47 of the two nations. That for myself, personally, 1 hoped that my residence near his Majesty's government might be useful to the citizens of my country, and acceptable to his Majesty. That I should endeavor in my official action to promote and increase the harmony, good will, and friendly feelings that had so long existed between the two nations, and that I presented my own best wishes for the health and happiness of his Majesty. The King, in reply, expressed his warm feelings towards Mr. Wright, and stated that he regretted the troubles in our country; that he hoped soon to see them ended, and the integrity and majesty of our government and law maintained, and order triumph. He thanked Mr. Wright for his allusion to the past friendly relations, and the manner in which he had promoted the same, and assured us that he was happy to hear through me the assurance of the continuance of the same. The day following my presentation was occupied by me in establishing my relations with the ministers of state and the several diplomatic function- aries residing at this court. I have the honor to be your obedient servant, . N. B. JUDD. Hon. William H. Seward, Secretary of State, Washington, D. G. Mr. Judd to Mr. Seward. [Extract.] No. 4.] Legation of the United States, Berlin, July 24, 1861, Sir: On the 9th of July instant, in pursuance of the special instructions contained in despatch No. 4, from the Department of State to this legation, under date of April 24, 1861, to seek an early opportunity to ascertain whether the government of Prussia is disposed to enter into negotiations for the accession of the government of the United States to the articles of the declaration of the congress assembled at Paris, April 16, 1856, on the question of privateering and maritime war, I had an interview with Baron Von Schleinitz, minister of foreign afiairs of his Majesty the King of Prussia. In communicating to the baron my instructions on that subject, and inform- ing him of the disposition of the government of the United States to bring the negotiation on the basis of the Paris declaration to a speedy and satis- factory conclusion, I, at the same time, expressed to him how eminently desirable for the good of all nations the President deems it that the property and effects, not contraband of war, of private individuals, although citizens of belligerent States, should be exempt from seizure and confiscation by national vessels in time of maritime war. The baron, in response, assured me that his Majesty's government desired to adopt the most liberal policy on that subject. I then alluded to his instructions to Baron Von Gerolt, the Prussian minis- ter in Washington, as published in the official journal, the " Staats Arzeiger," 48 ANNUAL MESSAGE OF THE PRESIDENT. and inquired if it was desired to transfer the negotiations to Washington* He replied in the negative, adding that the purpose and intent of tlie docu- ment chiefly was to give utterance to, and make manifest the good will of, his Majesty's government towards that of the United States, and to furnish a full and free communication and exchange of views between the two gov- ernments. In reply to his inquiry, whether the President of the United States, through me, was prepared to submit propositions for a convention, I informed him that I had special powers to negotiate a treaty based upon the Paris decla- ration, and that a memorandum for that purpose had been prepai'ed by the Department of State for my guidance. To my inquiry, whether the produc- tion of the evidence of my special authority was desired at this time, lie replied negatively, but asked to be informed whether the treaty was intended to be a joint one with all the parties to the Paris conference, or a separate convention with each one of the parties. I responded that my instructions directed me to negotiate with the Prussian government only. He then requested that the propositions of the government of the United States be submitted in writing, promising, in that event, an early consideration of the same. Accordingly, on the 11th day of July instant, I addressed a com- munication to Baron Von Schleinitz, minister of foreign affairs, together with a copy of the memorandum for a convention upon the subject of belligerents and neutrals in time of war between the United States of America and his Majesty the King of Prussia, as furnished me by the Department of State, in connexion with its despatch No. 4, under date of April 24, 1861. A copy of my communication accompanies this despatch, marked Exhibit No. 1. No repl}^ has yet been received from Baron Von Schleinitz to that commu- nication. I have the honor to be, respectfully, your obedient servant, N. B. JUDD. Hon. W. H. Seward, Secretary of State, Washington, D. G. ExUUt No. 1. Legation of the United States, Berlin, July 11, 1861. Monsieur LE Baron: The undersigned, envoy extraordinary and minister plenipotentiary, has the honor herewith to present the memoranda referred to in our conversation of yesterday, it being simply a statement of the articles of the declaration adopted by the congress assembled at Paris, April 16, 1856. While the President has instructed the undersigned to present and assent to a convention in terms substantially that of the congress at Paris, the President, nevertheless, desires the undersigned to submit to the govern- ment of his Majesty the King of Prussia how just and eminently desirable for the good of all nations he considers it that the property and effects of private individuals, not contraband of war, should be exempt from seizure and confiscation by national vessels in time of maritime war, although be- longing to the citizens and subjects of the belligerent States; and in view of this fact, the undersigned begs leave to state to your excellency that he feels authorized and prepared to so modify the propositions he has the honor herewith to submit as to embrace the principle above stated, if it should A2nTs^UAL message OF THE PRESIDENT. 49 meet the views and be deemed desirable by the government of his Majesty the King of Prussia. The undersigned avails himself of this opportunity to assure your excel- lency of his high and distinguished consideration. His Excellency Baron Yon Schleiniiz, Minister of Foreign Affairs, Sfc., Sfc., Sfc. N. B. JUDD. Mr. Seivard to Mr. Judd. No. 1.] Department of State, Washington, July 26, 1861. Sir: Mr. Wright's despatch, No. 171, dated June 22, was duly received. Baron Gerolt has handed to me a copy of the instruction from his gov- ernment, to which Mr. Wright refers, I have acknowledged the tenor of that paper as not unacceptable, but I agree with Mr, Wright in thinking it desirable that the strongest possible expressions be obtained from Prussia for their moral effect. Our army on the Potomac encountered a reverse on the 21st, which, for the moment, produced a shock; but the evil effects of the disaster have already passed away, while a more vigorous and determined resolution exists now than ever to strengthen and preserve the Union. We have put all the candidates recommended to us by Baron Schleinitz into military employment. I am, sir, your obedient servant, WILLIAM H. SEWARD. Norman B. Judd, Esq., &)'c., Sfc, Sfc, Berlin. Mr. Sexcard to Mr. Judd. [Extract.] No. 12.] Department of State, ' Washington, August 12, 1861. Sir: Your despatch of July 24, No. 3, has been received. Your conduct in relation to the subject of negotiations for a convention with the govern- ment of Prussia on the subject of the rights of neutrals in maritime v/ar, as referred to in that paper, is approved. ***** * ********* I am, sir, your obedient servant, WILLIAM H. SEWARD. Norman B. Judd, Esq., Sfc.., S^r., Sfc. Ex. Doc. 1- 50 ANNUAL MESSAGE OF THE PRESIDENT. 3Ir. Judd to Mr. Seioard. [Extract.] No. 6.] Legation of the United States, Berlin, August 27, 1861. Wrn •'K 'F 'P 'J* 'T* 'i^ ^ 'I* 'i* Since my written communication to Baron Von Schleinitz on the subject of the maritime treaty, a copy of which was sent to the State Department in my despatch No. 4, I have not heard from this government directly upon the subject; but Baron Yon Mohrenheim, of the Russian legation, informs me that, in conversation with Baron Von Schleinitz, the latter expressed the opinion that the object sought by the United States could be attained by a simple adhesion on its part to the articles of the Paris treaty, and that there was no necessity for a formal and separate treaty. I also learned from Baron Von Mohrenheim that the Russian government inclined to the same opinion. My conversations with the members of the diplomatic corps here have convinced me that they are not only thoroughly advised of the views and action of their own governments in this matter, but that every step taken by any government interested is promptly communicated, so that each representative is fully advised of the condition of the question with all the governments, and that there is concerted action, with England at the head. I have the honor to be, very respectfully, your obedient servant, N. B. JUDD. Hon, W. H. Seward, Secretary of State. Mr. Judd to Mr. Seivard. [Extract.] No. 10.] Legation of the United States, Berlin, October 10, 1861. Sir: I have the honor to acknowledge the receipt of your despatch (No. 14) bearing date September 21, 1861. Since my communication to the foreign office here in relation to the maritime treaty, a copy of which accom- panied despatch No. 4, from this legation, I have no word or note from the Prussian government on the subject. ********* I have the honor to be, respectfully, your obedient servant, N. B. JUDD. Hon. W. H. Seward, Secretary of State, Washington, D. G. A]!irNUAL MESSAGE OF THE PRESIDENT. 51 Mr. Seivard to Mr. Judd. No. 16.] Department of State, Washington, October 21, 1861. Sir: Your despatch of September 24 (No. 8) has been received. It treats of many matters interesting-, though not of chief importance. Your pro- ceedings in regard to them are approved. Disunion, by surprise and impetuous passion, took the first successes, and profited by them to make public opinion in Europe. Union comes forward more slowly, but with greater and more enduring vigor. This nation, like every other, in the present as in all other cases, stands by its own strength. Other powers will respect it so long as it exhibits its ability to defend and save itself. More,. perhaps, ought not to be wished; certainly it could not be reasonably ex- pected. I am, &c., WILLIAM H. SEWARD. N. B Judd, Esq., Sfc, SfC., SfC, Berlin. BELGIUM. 3Ir. Seunrd to Mr. Sanford. No. 2.] Department of State, Washington, March 26, 1861. Sir: Having- spent the winter in Washington, you need not be informed of the attempts of a misguided party of citizens in several of the southern States, not unattended with violence and spoliation, to dismember the federal republic, and of their scheme to organize several of the States in a new revolutionary government, imder the name of the Confederate States of America. Formidable as this conspiracy seemed at the beginning, it is- now confidently believed that the policy of the present administration in regard to it will be supported by the people — a policy of conciliationr forbearance, and firmness — and that the conspiracy will thus fail for want of ultimate adoption by the States themselves which are expected to constitute the new confederacy. Aware of this danger, the movers in that desperate and destructive enterprise are now understood to be making every effort to gain external advantage by appeals to prejudice or supposed interest in foreign nations for a recognition of the independence of the pro- posed new confederacy. Under these circumstances the most important duty of the diplomatic representatives of the United States in Europe will be to counteract by all proper means the efforts of the agents of that projected confederacy at their respective courts. It was your extensive acquaintance on the continent, taken in connexion with your activity and energy here, which induced the President to confer upon you the appointment of minister resident in Belgium. The general considerations to be urged against such a recognition will be found in the inaugural address of the President, delivered on the 4th of March instant, and in a circular letter despatched by me on the 9th instant to our ministers, an original part of which will be found in the archives of your legation. For your present convenience I enclose a copy of this cir- cular letter. The President, confident of the ultimate ascendancy of law, order, and the Union, through the deliberate action of the people in constitutional forms, does not expect you to engage in any discussion which the agents of the disunionists may attempt to initiate on the merits of their proposed revolu- tion. He will not consent, directly or indirectly, to the interpellation of any foreign power in a controversy which is merely a domestic one. There is some reason to suppose that the agents of the disunionists will attempt to win favor for their scheme of recognition by affecting to sympa- thize with the manufacturing interests of the European nations in their discontent with the tariff laws of the United States, and by promising to receive the fabrics of such nations on more favorable terms. Yoa will be able to reply to such seductions as these that the new tariff laws thus com- plained of are revenue laws deemed by the legislature of the United States necessary under new and peculiar circumstances; that all experience shows 54 ANNUAL MESSAGE OF THE PEESIDENT. that such laws are not and cannot be permanent; that if, as is now pre- tended, they shall prove to be onerous to foreign commerce, they will, of course, prove also to be unfruitful of revenue, and that in that case they will necessarily be promptly modified. Tlie inconvenience, if any shall result from them, will therefore be temporary and practically harmless. Nor will any statesman of a foreign country need to be informed that the con- sumption of the fabrics which it is proposed shall be favored by the so-called seceding States chieily takes place, not within those States, but in a very large degree in the States which remain undisturbed by this unhappy attempt at revolution. It hardly needs be added that the recognition which the insurgents States desire tends through either peace or war to the establishment of a new government. That new government, like the government of the United States, must levy imports on foreign merchandise, while it must also resort to an export duty on cotton, its great staple, for its support; and these two measures combined would constitute a policy largely prohibitive, instead of the liberal and genial one which is now promised by the disunion party. You will not fail to represent to the government of the King of the Belgians that all the interests of European manufactures and com- merce are identified with the promotion of peace and the undisturbed activity of the American people. An act of recognition in favor of a now disccintented party would necessarily tend to encourage that party to attempt to establish their separation from the Union by civil wai', the con- sequences of which would be disastrous to all the existing systems of indus- trial activity in Europe, and when once they had begun, those consequences would be likely to continue indefinitely; whereas no nation in Europe can hope that their own interests would be as safe and prosperous under any change of government here as they are now and have so long been under our present system. It is quite manifest already that differences and embarrassing questions may soon arise concerning the conduct of commerce, and that the commer- cial States of Europe may be subjected to strong seductions to violate our revenue laws and regulations. You will say generally on this subject that the government of the United States will expect the same respect to those laws and regulations which has hitherto been shown and which our treaties of amity and commerce entitle us to demand, and that it will not hold itself bound to favor or exempt from consequences any parties, of whatever nation, who may violate them. It does not at all distrust its ability to maintain them or the good disposition of its allies to observe them. I shall not enlarge on these subjects, insomuch as the phase of the whole affair changes almost daily. The President willingly expects to rely on your astuteness in discovering points of attack and your practical skill and experience in protecting the interests of the United States. He will expect you, however, to communicate to this department very fully and frequently, And you will receive prompt instructions in every new emergency. I am, sir, your obedient servant, WILLIAM H. SEWARD. Henry S. Sanford, Esq., dc, &c., &c. AIs^NUAL MESSAGE OF THE PRESIDENT. 55 Mr. Sanford to Mr. Seward. [Extract.] No. 1.] Legation of the United States, Brussels, May 10, 1861. gjjj. ********* I was received by the King, to present my letter of credence, on the 8th, in "solemn audience," and made on the occasion an address, of which I enclose a copy, (A.) The King replied that he highly appreciated the sentiments of friendly feeling, of which I bore to him the expression, from the President, and the flattering terras, as he expressed it, in which they were couched. He desired me to tender to the President his thanks for them, and to say that he recip- rocated fully the desire for the continuance of the friendly and cordial rela- tions which, during the more than thirty years that had elapsed since the formation of his government, had marked our intercourse, and he hoped for the continued prosperity of the United States. After some remarks compli- mentary to myself and my former residence in Europe, he entered into general conversation, in which he showed great interest in and knowledge of the United States, manifesting a warm desire to have the means of direct inter- course increased between the two countries. The genius of his people, he said, was rather for industrial pursuits at home, and in which they had been vei'y successful; but they had failed upon the seas; and he thought if the enterprise and practical knowledge of our people could be brought to bear in favor of steam communication between Belgium and the United States, a large trade could be diverted through this channel, Antwerp being a natural entrepot for Central Europe. His Majesty spoke but generally of the insurrection in the southern States; said he hoped that some peaceful issue would be found, and that the spirit of conciliation would prevail, and then referred to the growing markets they had for their manufactures in the United States. My audience, which was lengthened by a long conversation on general subjects, was most satisfac- tory, in the very kind and cordial spirit manifested by his Majesty. I have the honor to be, with great respect, your obedient servant, H. S. SANFORD. Hon. William H. Seward, Secretary of State. 3Ir. Sanford to Mr. Seward. [Extracts.] No. 5.] Legation of the United States, Brussels, May 26, 1861. Sir: I had a conversation to-day with M. de Vrifere on the subject of the efforts of the commissioners of the so-called " Confederate States " to obtain recognition of the European powers. He informed me that no application had been made to him in this view, nor would it now be entertained if made. The revolution would receive no 56 ANNUAL MESSAGE OF THE PRESIDENT. sanction by any act of Belgium. A small State, he continued, whose pros- perity depended on the full exercise of the industrial pursuits of its people, they did not mingle in foreign politics, their policy being not to imperil their interests by stepping beyond the limits of strict neutrality in their intercourse with other States. They should, therefore, remain " neutral," as he expressed it, in respect to this question. They had not even yet recog- nized the Italian government, he added. We desired, I told him, not to be subjected to any interference in the settlement of our domestic affairs, whether in the form of recognition of political existence or of belligerent rights of those who were in open rebellion to the government and laws of the United States. It was an issue between order and anarchy which we were fully able to cope with, and all Europe was interested that its settle- ment be in the most prompt and effective manner-, as least liable to cause permanent derangement to commerce. In reply to my inquiry, he said he had received no oflScial information of the blockade of our southern ports, proclaimed by the President, although he had late advices from the Belgian minister at Washington. He had only knowledge of it, he said, as printed in the papers. In answer to his inquiry, I said I thought it would not injuriously affect the siipply of cotton, as the crop of the past year had mostly gone forward; and, moreover, that while the blockade would be rigorously enforced with regard to supplies, or vessels bearing the "confederate" flag, I presumed, although I had no instructions on the subject, that the vessels now loading, or under engagements to load in those ports, would be allowed reasonable time to leave; that there was every desire to make this condition of things, which was but temporary, as little embarrassing as possible to foreign commerce. The minister expressed great satisfaction at this, and said that the possibility of failure of the cotton supply, growing out of these troubles in our southern States, was causing great anxiety. M. de Vriere then spoke of the new tariff with a great deal of feeling; said that it was highly prejudicial to their interests, instancing in point that forty furnaces for the manufacture of window glass had been stopped in consequence, and expressed his surprise that, in this age of progress, when Europe was abandoning the exploded system, as he expressed himself, of differential duties, the United States should pursue such a course. Their own experience as a manufacturing people had convinced them of the bad policy of such a sj'stem for the interests of the manufacturers themselves. I replied that I presumed the general interruptions of trade consequent upon apprehended war in the United States was, quite as much as the new tariff", a cause for suspension of the traffic he referred to. The tariff had been augmented by the last Congress to produce more revenue; if it failed to produce such result, it would probably be changed; it was a matter dependent on the will of Congress, and he was aware we had had several changes in the past few years, none of which had apparently given satisfaction to the manufacturing States of Europe which desired to suppl}'- our markets; still, it was our main source of revenue, and the system of raising means for the expenses of the government by a duty on importations would probably long continue. I took my leave of M. de Vriere with the repeated assurance that no countenance would be given, in any form, to the rebellion in our southern States. I have the honor to be, with great respect, yom- most obedient servant,, H. S. SANFORD. Hon. William H. Seward, Secretary of State. ANNUAL MESSAGE OF THE PRESIDENT. 57 Mr. Sanford to Mr. Seward. [Extract.] No. 9.] Legation of the United States, Brussels, June 22, 1861. Sir: As M. de Vriere is out of town, I directed tte attention of Monsieur Saluremont, the secretary general, who is charged with the affairs of the department in the absence of the minister, in an interview with him to-day, as to the propriety of a proclamation warning Belgians from taking service under those in rebellion to the federal government, furnishing them " aid and com- fort," and, especially, closing the ports of Belgium to their " privateer si'^ — declared by the President to be pirates — or permitting them to be fitted out in her ports, I said that while the assurances I had received from M. de Vriere, soon after my arrival, of the attitude of his government had been satisfactory, I hoped it would now give public expression to them, both as due to a friendly power and as a warning to their own citizens of the perils of such enterprises. Mons. Saluremont replied that the matter had been under consideration; that the position which England and France had taken had not seemed to be satisfactory to the government of the United States, and they had de- layed, in consequence, taking any formal steps; but not, he begged me to be assured, from any want of friendly spirit or desire to do all the occasion called for at their hands. I replied that he was correct in his views of our sentiments as to the course which England and Prance had seen fit to pursue. We could not look upon the recognition of belligerent rights to those who, under our laws, were rebels, and before we had attempted to employ forcible means of coer- cion, as evincing the friendly spirit we had a right to expect; that these people would be treated none the less as rebels on the land as pirates on the seas — they or those of whatever nationality who joined them; and we counted, on the part of Belgium, upon no such qualification of our citizens in rebellion, whom wo were engaged in submitting to the action of our laws. He said their legislation provided generally for the cases I had instanced, but that attention would be immediately given to the subject, and he thought we need not have any reason to be dissatisfied with the action they would take in the premises. He then told me that our new tariff law was a subject of great_ complaint in Belgium, and great distress in some branches of industry which it had destroyed, referring specially to glass and some kinds of woollen goods. I again explained our system of revenue, which all manufacturing States this side the Atlantic insist upon believing to be disadvantageous to their interests. ****** I have the honor to be, with great respect, your most obedient servant, H. S. SANFORD. Hon. William H. Seward, Secretary of State, &c., nations are rising up in various parts of the globe. It has been thought by many who have studied the philosophy of modern history pro- foundly, that the success of the nations thus deriving their descent from Great Britain might, through many ages, reflect back upon that kingdom the proper glories of its own great career. The government and people of Great Britain may mistake their commercial interests, but they cannot become either unnatural or indifferent to the impulses of an undying ambition to be distinguished as the leaders of the nations in the ways of civilization and humanity. I am, sir, respectfully, your obedient servant, WILLIAM H. SEWARD. 3Tr. Dallas to Mr. Seward. [Extracts.] No. 325.] Legation of the United States, London, March 22, 186L Sir : I have recently had the honor to receive your despatches, numbered 304 and 305. Having noticed that the despatch No. 304, bearing date the 28th of February, respecting the newly-formed confederacy of seceded States, was in harmony as well with the views enunciated in the inaugural address on the 4th instant as with those of the presidential message of December last, I lost no time in seeking an interview with her Majesty's principal secretary of state for foreign affairs, and in stating the opposition which 1 am in that despatch instructed to make to any recognition by the Queen of England of the independence of those who have thus attempted to throw off their federal obligations. The necessary opportunity was accorded to me on the day after the receipt of the despatch, yesterday. Lord John Russell then listened to the commu- nication as one he expected ; though on its purport the British cabinet, if they had interchanged opinions at all, had reached no definite conclusion as to their proper course of action. I took the liberty to inquire whether any one professing to represent the southern repiiblic had approached this government on the subject, and his lordship, with prompt frankness, assured me that he felt no hesitation in answering in the negative, adding that he had been shown a private letter from which he inferred that accredited ministers or commissioners, authorized to negotiate for the recognition, would shortly be sent by the provisional authorities of Montgomery. I have the honor to be, sir, your most obedient servant, G. M. DALLAS. The Hon. the Secretary of State, Washington. • ANNUAL MESSAGE OF THE PRESIDENT. 81 31r. Dallas to Mr. Seward. [Extract.] No. 329.] Legation of the United States, London, April 5, 1861. Sir: I have the honor to acknowledge the receipt of your despatches, numbered 306 and 307, and a circular, dated the 9th of March, 1861, respecting the probable cflForts of persons claiming to represent a southern provisional government to obtain the recognition of their independence by Great Britain. Respecting this last-mentioned subject, I addressed yesterday, as soon as your instruction was received, a note to her Majesty's principal secretary of state for foreign affairs requesting an early interview, deeming it not impossible that I might be enabled to send you something by this steamer. My note, however, is yet unanswered, owing, I presume, to the absence of Lord John Russell from town. The commissioners from the new confederacy have not yet arrived, and may not arrive until late in this month. You were apprised by my despatch of the 22d ultimo (No. 325) that, on the receipt from the department of your predecessors. No. 304, I had lost no time in placing the matter properly before this government. Your own views will be communicated in greater fullness when the opportunity is allowed me. I have the honor to be, sir, your obedient servant, G. M. DALLAS. The Hon, William H. Seward, Secretary of State Mr. Dallas, to Mr. Seward. No. 330.] Legation of the United States, London, April 9, 1861. Sir: Referring to my despatch of the 5th instant, (No. 329,) I have now the honor to state that Lord John Russell accorded me an interview at the foreign office yesterday, and enabled me to submit fully to his consideration the representations of your circular, with the inaugural address of the President. We conversed for some time on the question of recognizing the alleged southern confederacy, of which no representative has yet appeared, and may not appear until the end of the month. His lord^iip assured me with great earnestness that there was not the slightest disposition in the British government to grasp at any advantage which might be supposed to arise from the unpleasant domestic differences in the United States, but, on the contrary, that they would be highly grati- fied if those differences were adjusted and the Union restored to its former unbroken position. I pressed upon him, in concluding, if that were the case — and I was quite convinced that it was — how important it must be that this country and France should abstain, at least for a considerable time, from doing- what, by encouraging groundless hopes, would widen a breach still thouglit capable of being closed. He seemed to think the matter not ripe for decision one way or the other, Ex. Doc. 1 6 82 ANNUAL MESSAGE OF THE PRESIDENT. • and remarked that what he had said was all that at present it was in his power to say. The coming- of my snccessor, Mr. Adams, looked for from week to week, would doubtless be regarded as the appropriate and natural occasion for finally discussing and determining the question. In the intermediate time whatever of vigilance and activity may be necessary shall, of course, and as a high duty, be exerted. English opinion tends rather, I apprehend, to the theory that a peaceful separation may work beneficially for both groups of States and not injuriously afiect the rest of the world. They cannot be expected to appreciate the weakness, discredit, complications, and dangers which we instinctively and justly ascribe to disunion. I beg to add that a phase of this subject will be introduced in the House of Commons to-night by Lord Alfred Churchill, and that on the 15th instant a motion favoring the recognition will be pressed by Mr. W. H. Gregory, member for Galway. I have the honor to be, sir, your most obedient servant, G. M. DALLAS. Hon. William H. Seward, Secretary of State. PAELIAMENTAEY NOTICES. House of Lords, Tuesday, April 9. Blackpool and Lytham railroad bill. , I ORDERS or THE DAT. Middleton's estate. — Standing order No. 141 to be considered, in order to its being dispensed with, on the petition for a private bill. Lunacy regulation bill. — Committee. Queensland government bill. — Commiti:ee. House of Commons, Tuesday, April 0, :; NOTICES of motions. Lord Stanley. — To ask the under secretary of state for war what steps J have been or are being taken to abolish purchase in the army above the rank of major, as recommended 'by the commission of 1856. ' Lord Alfred Churchill. — To ask the secretary of state for foreign affairs whether it is the intention of her Majesty's government to recognize the Confederate States of America without a guarantee that the flag of that confederation shall not be made subservient to the slave trade, and whether it is the intention of her Majesty's government to invite a conference of the European powers on the subject, so as to prevent the African slave trade being reopened or carried on under the flag of the said confederation. Mr. Seward to Mr. Adams. No. 4.] Department of State, Washington, Ajjril 27, 1861. Sir: A despatch has just been received from Mr. Dallas, dated the 9th of April instant, the record of which (No. 330) you doubtless will find in the archives of the legation when you shall have arrived at London. AOTirUAL MESSAGE OF THE PKESEDENT. 83 In that paper Mr. Dallas states that he had had a conversation with Lord John Russell, the minister of foreign affairs of lierBrifannic Majesty's gov- ernment, on the subject of a protest against any recognition of the so-called Confederate States of America, the protest having been presented to him by Mr. Dallas, in obedience to a circular letter of instructions sent to him from this department, under the date of tlie 9th ultimo. Mr. Dallas represents that his lordship assured him, with great earnestness, tliat there was not the slightest disposition in the British government to grasp at any advantage which might be supposed to arise from the unplea- sant domestic differences in the United States; but, on the contrary, that they would be highly gratified if those differences were adjusted, and the Union restored to its former unbroken position. This, by itself, would be very gratifying to the President. Mr. Dallas, however, adds that he endeavored to impress upon his lordship how impor- tant it must be that Great Britain and France should abstain, at least for a considerable time, from doing what, by encouraging groundless hopes, would widen a bi'each still thought capable of being closed ; but that his lordshid seemed to think the matter not ripe for decision one way or the other, and remarked that what he had already said was all that at present it was in his power to say. When you shall have read the instructions at large which have been sent to you, you will hardly need to be told that these last remarks of his lord- ship are by no means satisfactory to this government. Her Britannic Majesty's government is at liberty to choose whether it will retain the friend- ship of this government by refusing all aid and comfort to its enemies, now in f3agrant rebellion against it, as we think the treaties existing between the two countries require, or whether the government of her Majesty will take the precarious benefits of a different course. You will lose no time in making known to her Britannic Majesty's gov- ernment that the President regards the answer of his lordship as possibly indicating a policy that this government would be obliged to deem injurious to its rights and derogating from its dignity. I am, sir, respectfully, your obedient servant, WILLIAM H. SEWAED. C. F. Adams, Esq., &c., &c., &c. Mr. Dallas to Mr. Seward. No. 333.] Legation of the United States, London, May 2, 186L . Sir: In my No. 329 I mentioned having received your Nos. 306 and 301, and "a circular of the 9th of March, 1861." As I have got no despatch from you, numbered 308, it is probable that this " circular" was considered at the department as representing that number in the series. I have now to acknowledge your several despatches, numbered, respectively, 309, 310, 311, and 312, whose contents have had my careful and prompt attention. You have doubtless noticed that the motion of Mr. Gregory, in the House of Commons, on the recognition of the southern confederation — which motion I mentioned at the conclusion of my No. 330 — underwent postponement from the 16th to the 30th ultimo, and has again been deferred a fortnight, for the reasons stated in the extract from the " Times" newspaper of the 30th April, hereto annexed. 84 ANNUAL MESSAGE OF THE PEESIDENT. The solicitude felt by Lord John Russell as to the eiFect of certain measures represented as likely to be adopted by the President induced him to request me to call at his private residence yesterday. I did so. He told me that the three representatives of the southern confederacy were here; that he bad not seen them, but was not unwilling to do so, unofficially; that there existed an understanding between this government and that of France which would lead both to take the same course as to recognition, whatever that course might be; and he then referred to the rumor of a meditated blockade of southern ports and their discontinuance as ports of entry — topics on which I had heard nothing, and could- therefore say nothing. But as 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 instant, his lordship acquiesced in the expediency of disiHigarding mere rumor, and waiting the full knowledge to be brought by my successor. The motion, therefore, of Mr. Gregory may be further postponed, at his lordship's suggestion. I have the honor to be, sir, your most obedient servant, G. M. DALLAS. Hon. William H. Seward, Secretary of Stale. [From the London Times, April 30, 1861.] America. — In reply to a question from Mr. W. E. Foster, Mr. Gregory stated that in deference to the expressed opinion of the foreign secretary, who had informed him that a discussion at the present moment upon the expediency of a prompt recognition of the southern confederation of America would be embarrassing to the public service, and in deference, also, to the wishes of several honorable friends of his, he should postpone for a fortnight the motion which stood in his name for to-morrow night. The noble lord at the head of the foreign office believed that the motion might then be brought forward without inconvenience. . [From the London Times, May 3, 1861.] America. — Southern Letters of Marque. — Mr. J. Ewart asked the secretary of state for foreign affairs whether, seeing the possibility of privateering being permitted and encouraged by the southern confederation of the States of America, her Majesty's government had placed a sufficient naval force, or .intended to increase it, in the Gulf of Mexico, with a view to protect British shipping and British property on board of American ships ; and if privateere, sailing under the flag of an unrecognized power, would be dealt with as pirates. Lord J. Russell said : In answer to the first part of the question of the honorable gentleman, I beg to say that her Majesty's government has directed that a naval foixe, for the protection of British shipping, should be sent t-o the coast of America. As to the latter part of the question, I will state to tJie house that the government has, from day to day, received the most la- mentable accounts of the progress of the war in the States of America. Her Majesty's government heard the other day that the Confederated States have issued letters of marque ; and to-day we have heard that it is intended there shall be a blockade of all the ports of the southern States. As to tlie ANNUAL MESSAGE OF THE PEESIDENT 85 general provisions of the law of nations on these questions, some of the points are so new as well as so important that they have been referred to tire law oflScers of the crown for their opinion in order to guide the govern- ment in its instructions both to the English minister in America and the commander of the naval squadron. Her Majesty's government has felt that it was its duty to use every possible means to avoid taking any part in the lamentable contest now raging- in the American States. (Hear, hear.) And nothing but the imperative duty of protecting British interests, in case they should be attacked, justifies the government in at all interfering. We have not been involved in any way in that contest by any act or giving any advice in the matter, and, for God's sake, let us if possible keep out of it! (Cheers.) 31)'. Adams to Mr. Seward. [Extracts.] No. 1.] Legation of the United States, London, May 11, 1861. Sir: I have the satisfaction to announce my safe arrival at this place on Monday evening, the 13th of this month. The steamer reached Liverpool at eleven in the morning, where I was received with the utmost kindness, and strongly solicited to remain at least one day. A large deputation of the American Chamber of Commerce waited upon me and delivered an address, to which I made a brief reply. Both have been printed in the newspapers, and I transmit a copy of the Times containing them. I could not fail to observe, in the course of these proceedings, the great anxiety and the fluc- tuating sentiment that prevail in regard to the probable issue of affairs in America. I could also perceive that niy arrival had been expected with far more solicitude than I had anticipated. It was not disguised from me that a supposed community of interest in the cotton culture was weighing heavily in that city in favor of the disaffected; and that much misapprehen- sion prevailed as to the relative position of parties in the United States, which it was of some consequence to dispel. To this end it had been the wish that I could have found it convenient to make a longer stay in the place. Under other circumstances I might have so far deferred to these repre- sentations as to delay my departure for twenty-four hours. But, on the other hand, some incidental allusions to the state of things in London con- vinced me of the importance of losing no time on my way. Accordingly I took the next train in the afternoon, and was in a condition to proceed at once to business on the morning of Tuesday, the 14th. In the interval between my departure from Boston on the 1st and my arrival on the 14th, I discovered that some events had taken place deserving of attention. The agents of the so-called Confederate States had arrived, and, as it is sup- posed, through their instigation certain inquiries and motions had been initiated in Parliament for the purpose of developing the views of the ministry in regard to American affairs. I allude more particularly to the questions proposed by Mr. Gregory, of Galway, and to the motion of Mr. Horsl'all, the member for Liverpool, touching the effect of the blockade pro- claimed by the President against the southern ports. The answer given by Lord John Russell, in the proceedings of the 6th of May, will, of course, have attracted your attention long before these lines meet your eye. I need 86 AiSNUAL MESSAGE OF THE PRESIDENT. not say that it excited g-eneral surprise, especially among those most friendly to the government of the United States. There seemed to be not a little precipitation in at once raising the disafiected States up to the level of a belligerent power, before it had developed a single one of the real elements which constitute military efficiency outside of its geographical limits. The case of the Greeks was by no means a parallel case, for the declaration had not been made until such time had intervened as was necessary to prove, by the very words quoted by Lord John Russell from the instructions of the British government, that the power was sufficient " to cover the sea with its cruisers." Whereas in the present instance there was no evidence to show as yet the existence of a single privateer afloat. The inference seemed almost inevitable that there existed a disposition at least not to chill the hopes of those who are now drawing the very breath of life only from the expectation of sympathy in Great Britain. Yet I am not quite prepared to say that there is just ground for the idea. On the contrary, I am led to believe, from the incidental discussion afterwards held in both houses, as well as from other information, that the language of Lord John Russell was viewed as not altogether sufficiently guarded, and that the ministry as a whole are not prepared to countenance any such conclusion. There are still other reasons which occasion in me great surprise at the action of his lordship. I need not say that I was received by my prede- cessor, Mr. Dallas, with the greatest kindness and cordiality. I immediately learned from him that he had declined himself to enter into any discussions on the subject, because he knew that I was already on my way out, and that I should probably come fully possessed of the views of my government;, and ready to communicate them freely to the authorities here. To this end he had already concerted with Lord John Russell the earliest possible measures for my presentation and for a conference with him. Li regard to the ceremony, there were circumstances attending it which, in the precise posture of affairs, give it some significance. * * On Tuesday morning Mr. Dallas called on me to accompany him on his visit to Lord John Russell, at his house, at eleven o'clock. Great was our disappointment, however, to find that he had been suddenly called away, at an eai-fy hour, to visit his brother, the Duke of Bedford, at Woburn Abbey, who was very ill, and who actually^ died at two o'clock in the afternoon of that day. This, of course, has put an end to all further communication with him for the present. I very much regretted this circumstance, as I should have been glad to con- verse with him prior to the final action upon the proclamation which was adopted by the Privy Council, and which was issued in the Gazette on the very same day. A copy of that proclamation is to be found in the Times of the 15th of May, the same paper which I have already desired to transmit for another purpose. I submit it to your consideration without comment. Feeling doubtful how the informal arrangement of Lord John Russell might have been affected by his sudden departure, I at once addressed to him the customary announcement of my arrival, and a request for an audience of her Majesty at an early day. This brought me immediate replies from the minister and from his secretary, Mr. Hammond, confirming the appointment of Thursday (yesterday) as the time for mj'' presentation, while the latter gentleman notified me that in the absence of Lord John Russell Lord Palmerston would be in waiting at the palace at three o'clock to present me. At the same time Mr. Dallas received a similar notification, appointing the same hour and place for his audience of leave. This arrange- ment was fully carried out yesterday according to the programme. Mr. Dallas was introduced first, and took his leave, after which I presented my credentials, with a few words expressive of the desire of my government to ANNUAL MESSAGE OF THE PRESIDENT. 87 maintain the friendly relations existing between the two countries; and thus I became the recognized minister. Thus an end is put to all the speculations which have been set afloat in some quarters for interested purposes touching the probable position of the minister of the United States at this court. I might add, that so far I have every reason to be fully satisfied with the reception which I have met with from everybody. Fortunately the news w^hich came from the United States by the same steamer which brought me was calculated to dispel many of the illusions that had been industriously elaborated during the period of isolation of the city of Washington, and to confirm the faith of those who had permitted themselves to doul»t whether all government in the United States was of any more cohesiveuess than a rope of sand. Yet I cannot say that the public Opinion is yet exactly what we would wish it. Much depends upon the course of things in the United States, and the firmness and energy made visible in the direction of affairs. The morning papers contain a report of the debate in the House of Lords on the Queen's proclamation, to which I beg to call your particular atten- tion. I cannot say that the tone of it is generally such as I could wish. There is undoubtedlj- a considerable influence at work here both in and out of the ministry which must be met and counteracted at as early a moment as practicable. Mr. Gregory yesterday gave notice of a postponement of the consideration of his motion until the 7th of June. The reason assigned is the situation of Lord John Russell. * * The same cause, however, which postpones this debate also delays my opportunities of conference with the minister. My wish has been to confer with him rather than with any of the subordinates, for reasons which will readily occur to you. Next week come the Whitsuntide holidays, and the adjournment of Parliament for ten days, during which little can be done with eflect. I propose, nevertheless, at once to apply for a conference at as early a period as possible. I have just received a visit from a Mr. Arrowsmith, who came on behalf of Mr. Cunard's Steamship Company, to know whether the government would desire any number of their steam vessels to further their operations of blockade. I said, in reply, that I had no instructions on that point, and could give no information, but that I was now writing and would communicate the pro- posal. Mr. Arrowsmith says that fifteen or twenty vessels could be furnished at a moment's notice, which, by preparations of cotton pressed between decks, could be made to sustain guns, and thus be eflicient instruments in closing the southern ports. I have the honor to be your obedient servant, CHARLES FRANCIS ADAMS. Hon. William H. Seward, Secretary of State, Washington, D. G. P. S. — I have this moment received your despatches No. 3 and No. 4. They are of such importance that I immediately addressed a note to the foreign office requesting an early interview. 3Ir. Seicard to Mr. Adams. [Extracts.] No. 10.] Department of State, Washington, May 21, 1861. Sir: This government considers that our relations in Europe have reached a crisis, in which it is necessary for it to take a decided stand, on which not 88 AlfNUAL MESSAGE OF THE PRESIDENT. only its immediate measures, but its ultimate and permanent policy can be determined and defined. At the same time it neither means to menace Great Britain nor to wound the susceptibilities of that or any other European nation. That policy is developed in this paper. The paper itself is not to be read or shown to the British secretary of state, nor are any of its positions to be prematurely, unnecessarily, or indis- creetly made known. But its spirit will be your guide. You will keep back nothing when the time arrives for its being said with dignity, propriety, and effect, and you will all the while be careful to say nothing that will be incongruous or inconsistent with the views which it contains. Mr. Dallas, in a brief despatch of May 2, (No. 333,) tells us that Lord John Russell recently requested an interview with him on account ot the solicitude which his lordship felt concerning the effect of certain measures represented as likely to be adopted by the President. In that conversation the British secretary told Mr. Dallas that the three representatives of the southern confederacy were then in London, that Lord John Russell had not yet seen them, but that he was not unwilling to see them unofficially. He further informed Mr. Dallas that an understanding exists between the British and French governments which would lead both to take one and the same course as to recognition. His lordship then referred to the rumor of a meditated blockade by us of southern ports, and a discontinuance of them as ports of entry. Mr. Dallas answered that he knew nothing on those topics, and therefore could say nothing. He added that you were expected to arrive in two weeks. Upon this statement Lord John Russell acquiesced in the expediency of waiting for the full knowledge you were expected to bring. Mr. Dallas transmitted to us some newspaper reports of ministerial expla- nations made in Parliament. You will base no proceedings on parliamentary debates further than to seek explanations, when necessary, and communicate them to this department. The President regrets that Mr. Dallas did not protest against the proposed unofficial intercourse between the British government and the missionaries of the insurgents. It is due, however, to Mr. Dallas to say that our instruc- tions had been given only to you and not to him, and that his loyalty and fidelity, too rare in these times, are appreciated. Intercourse of any kind with the so-called commissioners is liable to be construed as a recognition of the authority which appointed them. Such intercourse would be none the less hurtful to us for being called unofficial, and it might be even more injurious, because we should have no means of knowing what points might be resolved by it. Moreover, unofficial inter- course is useless and meaningless if it is not expected to ripen into official intercourse and direct recognition. It is left doubtful here whether the pro- posed unofficial intercourse has yet actually begun. Your own antecedent instructions are deemed explicit enough, and it is hoped that you have not misunderstood them. You will, in any event, desist from all intercourse whatever, unofficial as well as official, with the British government, so long as it shall continue intercourse of either kind with the domestic enemies of this country. When intercourse shall have been arrested for this cause, you will communicate with this department and receive further directions. Lord John Russell has informed us of an understanding between the British and French governments that they will act together in regard to our affairs. This communication, however, loses something of its value from the circumstance that the communication was withheld until after knowl- edge of the fact had been acquired by us from other sources. We know also another fact that has not yet been officially communicated to ns, namely: That other European states are apprized by France and England AKNUAL MESSAGE OF THE PRESIDENT. 89 of their ajjreemcnt, and are expected to concur with or follow them in what- ever measures they adopt on the subject of recognition. Tlie United States have been impartial and just in all their conduct towards the several nations of Europe. They will not complain, however, of the combination now an- nounced by the two leading powers, although they think they had a right to expect a more independent, if not a more friendly course, from each of them. You will take no notice of that or any other alliance. Whenever the European governments shall see fit to communicate directly with us, we shall be, as heretofore, frank and explicit in our reply. As to the blockade, you will say that by our own laws and the laws of nature, and the laws of nations, this government has a clear right to sup- press insurrection. An exclusion of commerce from national ports which have been seized by insurgents, in the equitable form of blockade, is a proper means to that end. You will not insist that our blockade is to be respected, if it be not maintained by a competent force; but passing by that question as not now a practical or at least an urgent one, you will add that tlie blockade is now, and it will continue to be, so maintained, and therefore we expect it to be respected by Great Britain. You will add that we have already revoked the exequatur of a Russian consul who had enlisted in the military service of the insurgents, and we shall dismiss or demand the recall of every foreign agent, consular or diplomatic, who shall either disobey the federal laws or disown the federal authority. As to the recognition of the so-called Southern Confederacy, it is not to be made a subject of technical definition. It is, of course, direct recognition to publish an acknowledgment of the sovereignty and independence of a new power. It is direct recognition to receive its embassadors, ministers, agents or commissioners, officially. A concession of belligerent rights is liable to be construed as a recognition of them. No one of these proceedings will pass unquestioned by the United States in this case. Hitherto, recognition has been moved only on the assumption that the so-called Confederate States are de facto a self-sustaining power. Now, after long forbearance, designed to sooth discontent and avert the need of civil war, the land and naval forces of the United States have been put in motion to repress insurrection. The true character of the pretended new State is at once revealed. It is seen to be a power existing in pronuncia- mento only. It has never won a field. It has obtained no forts that were not virtually betrayed into its hands or seized in breach of trust. It com- mands not a single port on the coast nor any highway out from its pretended capital by land. Under these circumstances. Great Britain is called upon to intervene and give it body and independence by resisting our measures of suppression. British recognition would be British intervention, to create within our territory a hostile State by overthrowing this republic itself. As to the treatment of privateers in the insurgent service, you will say that this is a question exclusively our own. We treat them as pirates. They are our own citizens, or persons employed by our citizens, preying on the conunerce of our country. If Great Britain shall choose to recognize tliem as lawful belligerents, and give them shelter from our pursuit and punishment, the laws of nations afford an adequate and proper remedy. Happily, however, her Britannic Majesty's government can avoid all these difficulties. It invited us in 1856 to accede to the declaration of the con- gress of Paris, of which body Great Britain was herself a member, abolish- ing privateering everj'where in all cases and forever. You already have our authority to propose to her our accession to that declaration. If she refuse it, it can only be because she is willing to become the patron of pri- vateering when aimed at our devastation. 90 AlfNUAL MESSAGE OF THE PEESIDENT. These positions are not elaborately'' defended now, because to vindicate them would imply a possibility of our waiving them. We are not insensible of the grave importance of this occasion. We see how, upon the result of the debate in which we are engaged, a 'war may ensue between the United States and one, two, or even more European nations. War in any case is as exceptional from the habits as it is re- volting from the sentiments of the American people. But if it come it will be fully seen that it results from the action of Great Britain, not our own; that Great Britain will have decided to fraternize with our domestic enemy either without waiting to hear from you our remonstrances and our warnings, or after having heard them. War in defence of national life is not immoral, and war in defence of independence is an inevitable part of the discipline of nations. The dispute will be between the European and the American branches of the British race. All who belong to that race will especially deprecate it, as they ought. It may well be believed that men of every race and kindred, will deplore it. A war not unlike it between the same parties occurred at the close of the last century. Europe atoned by forty years of suffering for the error that Great Britain committed in provoking that contest. If that nation shall now repeat the same great error, the social convulsions which will follow may not be so long, but they will be more general. When they shall have ceased, it will, wo think, be seen, whatever may have been the fortunes of other nations, that it is not the United States that will have come out of them with its precious Constitution altered, or its honestly obtained dominions in any degree abridged. Great Britain has but to wait a few months,, and all her present inconveniences will cease with all our own troubles. If she take a different course she will calculate for herself the ultimate, as well as the immediate consequences, and will consider what position she will hold when she shall have forever lost the sympathies and affections of the only nation on whose sympathies and affections she has a natural claim. In making that calculation she will do well to remember that in the controversy she proposes to open we shall be actuated by neither pride, nor passion, nor cupidity, nor ambition; but we shall stand simply on the principle of self-preservation, and that our cause will involve the inde- pendence of nations and the rights of human nature. I am, sir, respectfully, your obedient servant, WILLIAM H. SEWARD. Charles Fraxcis Adams, Esq., &c., &c., &c. Mr. Adams to Mr. Seward. [Extracts.] No. 2.] Legation of the United States, London, May 21, 1861. Sir: At the close of my last despa'tch I stated my purpose to ask an early interview with Lord John Russell. A note to that etfect was immediately sent to the foreign office. An answer was received on Saturday morning, saying that his lordship 'would be happy to see me, if I would take the trouble to go out to Pembroke Lodge, at Richaiond, where he is retired for the present, on Monday at twelve or one o'clock, or, if I preferred ir, he would see me at one o'clock on that same day, (May 18.) Although it was approaching eleven o'clock when I got the answer, and the distance exceeds AiraUAL MESSAGE OF THE PRESIDENT. 91 nine miles from the city, I replied by accepting the earlier appointment, and was probably myself at the Lodge before he received my note. Be this as it may, I found his lordship ready to receive me, so that I pro- ceeded at once to business. After expressing' the general feeling which I believed prevailing in the United States of good will towards Great Britain, and the confident expectations I had entertained, down to the period of my arrival, that these sentiments were fully reciprocated to my government on tlie part of the government here, I signified my sense of disappointment in not finding this quite so unequivocally^ manifested as I had hoped. There were now fewer topics of direct difference between the two countries than had probably existed at any preceding time, and even these had been with- drawn from discussion at tliis place to be treated on the other side of the water. I therefore came out here with little to do beyond the duty of pre- serving the relations actually existing from the risk of being unfavorably affected by the unfortunate domestic disturbances prevailing in my own country. It was not without pain that I was compelled to admit that from the day of my arrival I had felt in the proceedings of both houses of Par- liament, in the language of her Majesty's ministers, and in the tone of opinion prevailing in private circles, more of uncertainty about this than I had before thought possible. This sentiment alone would have impelled me to solicit an early interview; but I was now come under a much stronger motive, I had just received a despatch from my government, based upon a letter from Mr. Dallas, of much earlier date than any of the matters to which I had alluded. In that letter he had reported a conversation with his lordship, the close of which had been deemed so unsatisfactory that I had been directed at once to seek for a further elucidation of his meaning. It was the desire of my government to learn whether it was the intention of her Majesty's ministers to adopt a policy which would have the effect to widen, if not to make irreparable, a breach which we believed yet to be entirely manageable by ourselves. At this point his lordship replied by saying that there was no such inten- tion. The clearest evidence of that was to be found in the assurance given by him to Mr. Dallas in the earlier part of the conversation referred to. With regard to the other portion, against which I understood him to intimate he had already heard from Lord Lyons that the President had taken exception, he could only say that he hardly saw his way to bind the government to any specific course, when circumstances beyond their agency rendered it difficult to tell what might happen. Should the insurgent States ultimately succeed in establishing themselves in an independent position, of the probability of which he desired to express no opinion, he presumed, from the general course of the United States heretofore, that they did not mean to require of other countries to pledge themselves to go further than they had been in the habit of going themselves. He therefore, by what he had said to M^r. Dallas, simply meant to say that they were not disposed in any way to interfere. To this I replied by begging leave to remark that, so far as my govern- ment was concerned, any desire to interfere had never been imputed to Great Britain; but in her peculiar position it was deserving of grave consideration whether great caution was not to be used in adopting any course that might, even in the most indirect way, have an effect to encourage the hopes of the disaffected in America. It had now come to this, that without support from here, the people of the United States considered the termination of this difiiculty as almost entirely a question of time. Any course adopted here that would materially change that calculation would inevitably raise the most unpleasant feelings among them. For independently of the absolute influence of Great Britain, admitted to be great, the effect of any supposed 92 ANNUAL MESSAGE OF THE PEESIDENT. inclination on her part could not fail to. be extensive among the other nations of Europe. It was my belief that the insurgent States could scarcely hope for sympathy on this side of the Atlantic, if deprived of any prospect of it here. Hence anything that looked like a manifestation of it would be re- garded among us as inevitably tending to develope an ultimate separation in America; and, whether intended or not, the impression made would scarcely be effaced by time. It was in this view that I must be permitted to express the great regret I had felt on learning the decision to issue the Queen's proclamation, which at once i-aised the insurgents to the level of a belliger- ent State, and still more the language used in regard to it by her Majesty's ministers in both houses of Parliament before and since. Whatever might be the design, there could be no shadow of doubt that the effect of these events had been to encourage the friends of the disaffected here. The tone of the press and of private opinion indicated it strongly. I then alluded more especially to the brief report of the lord chancellor's speech on Thurs- day last, in which he had characterized tlie rebellious portion of my country as a belligerent State, and the war that was going on asjustuiji hellinn. To this his lordship replied that he thouglit more stress was laid upon these events than they deserved. The fact was that a necessity seemed to exist to define the course of the government in regard to the participation of the subjects of Great Britain in the impending conflict. To that end the legal questions involved had been referred to those officers most conversant with them, and their advice had been taken in shaping the result, Tiieir conclusion had been that, as a question merely oi fact, a war existed. A considerable number of the States, at least seven, occupying a wide extent of country, were in open resistance, whilst one or more of the others were associating themselves in the same struggle, and as yet there were no indi- cations of any other result than a contest of arms more or less severe. In many preceding cases, much less formidable demonstrations had been recog- nized. Under such circumstances it seemed scarcely possible to avoid speak- ing of this in the technical eense dsjustum helium, that is, a war of two sides, without in any way implying an opinion of its justice, as well as to witli- hold an endeavor, so far as possible, to bring the management of it Avithin the rules of modern civilized warfare. This was all that was contemplated by the Queen's proclamation. It was designed to show the purport of ex- isting laws, and to explain to British subjects their liabilities in case they should engage in the war. And however strongly the people of the United States might feel against their enemies, it was hardly to be supposed that in practice they would now vary from their uniformly humane policy hereto- fore in endeavoring to assuage and mitigate the horrors of war. To all which I answered that under other circumstances I should be very ready to give my cheerful assent to this view of his lordship's. But I must be permitted frankly to remark that the action taken seemed, at least to my mind, a little more rapid than was absolutely called for by the occasion. It might be recollected that the new administration had scarcely had sixty days to develop its policy ; that the extent to which all departments of the gov- ernment had been demoralized in the preceding administration was surely understood here, at least in part; that the very organization upon which any future action was to be predicated was to be renovated and purified before a hope could be entertained of energetic and effective labor. The conse- quence had been that it was but just emerging from its difficulties, and be- ginning to develop the power of the country to cope with this rebellion, when the British government took the initiative, and decided practically that it is a struggle of two sides. And furthermore, it pronounced the in- surgents to be a belligerent State before they had ever shown their capacity ANNUAL MESSAGE OF THE PEESIDENT. 93 to maintain any kind of warfare whatever, except within one of their own harbors, and under every possible advantag'e. It considered them a marine power before they had ever exhibited a single privateer on the ocean. I said that I was not aware that a single armed vessel had yet been issued from any port under the control of these people. Surely this was not the case in the instance which had been relied upon in his speech by his lordship as authority for the present action. There the Greeks, however small as a people, had long been actively and effectually waging war, before the inter- position of Great Britain, and, to use the language of the government, as quoted by himself, had "covered the sea with cruisers." It did seem to me therefore as if a little more time might have been taken to form a more com- plete estimate of the relative force of the -contending parties, and of the probabilities of any long drawn issue. And I did not doubt that the view taken by me would be that substantially taken both by the government and the people of the United States. They would inevitably infer the existence of an intention more or less marked to extend the struggle. For this reason it was that I made my present application to know whether such a design was or was not entertained. For in the alternative of an affirmative answer it was as well for us to know it, as I was bound to acknowledge in all frankness that in that contingency I had nothing further left to do in Great Britain. I said this with regret, as my own feelings had been and were of the most friendly nature. His lordship replied by an assurance that he participated in those feelings; neither did he see the action that had been thus far taken at all in the light in which I saw it. He believed that the United States, in their own pre- vious liistory, had furnished examples of action taken quite as early as that now complained of. He instanced two cases. The first I do not now remember, for it seemed to me not important at the time; the other was the insurrection in Hungary under Kossuth, at which period, he believed, they had gone so far as actually to send an agent to that country with a view to recognition, and that to the great dissatisfaction and against the remon- strances of Austria. I replied only to the second case, by remarking that the incidents attend- ing that affair were not fresh in my mind, neither was I sure that I ever knew the whole action of the government; but it was my impression that the object of the mission was only confined to the acquisition of the facts necessary to form an opinion, and that, after they were obtained, no public step of any kind had been taken. Neither could I myself recollect an in- stance in which ample time had not been given by the United States for the development of events sufficiently decisive to justify any action that might have followed; for I begged it to be understood that the government did not mean at all to deny that there were cases in which recognition of a revolu- tionary government might be both expedient and proper. The rule Avas clear, that whenever it became apparent that any organized form of society had advanced so far as to prove its power to defend and protect itself against the assaults of enemies, and at the same time to manifest a capacity to maintain binding relations with foreign nations, then a measure of recogni- tion could not be justly objected to on any side. The case was very different when such an interference should take place, prior to the establishment of the proof required, as to bring about a result which would not probably have happened but for that external agency. And here I stop for a moment to make two remarks upon this part of the conversation. The first of these is, that I have an impression that the agent to go to Hungary, alluded to by his lordship, was Mr. Mann, the same gen- tleman who is now figuring in the commission of the confederates at this 94 ANNUAL MESSAGE OF THE PEESIDENT. place. If in this I am rigbt, we can be at no loss for his lordship's sources of information. The other remark is, that the Hungarian precedent was unquestionably one in which a very strong sympathy with the insurgent party actually existed in the United States. Are we therefore to infer a similar impulse to actuate the precipitate measui'e now taken here ? I did not say this to his lordship, though I might liave done so; but I pro- ceeded to observe that I had come to England prepai'cd to present the views of my government on the general question, and that I should have done so in full but for the interposition of this more immediate despatch. At the present moment I should touch only upon one point in connexion with the acknowledgment of the insurgents even as a belligerent State. It seemed necessai-y to call the attention ^of his lordship to the fact which must be obvious to him, that as yet they had not laid any foundation for government solid enough to deserve a moment's confidence. They had undertaken to withdraw certain States from the government by an arbitrary act which they called secession, not known to the Constitution, the validity of which had at no time been acknowledged by the people of the United States, and which was now emphatically denied; but not content with this, the}' had gone on to substitute another system among themselves, avowedly based upon the recognition of this right of States to withdraw or secede at pleasure. With such a treaty, I would ask, where could be vested the obli- gation of treaties with foreign powers, of the payment of any debts con- tracted, or, indeed, of any act performed in good faith by the common authority for the time being established. For my own part, I fully believed that such a system could not deserve to be denominated, in any sense, a government; and therefore I could not but think any act performed here, having a tendency to invest it in the eye of the world with the notion of form and substance, could be attended only with the most complete disap- pointment to all the parties connected with it. His lordship here interposed by saying that there was not, in his opinion, any occasion at present for going into this class of arguments, as the gov- ernment did not contemplate taking any step that way. Should any such time arrive in the future, he should be very ready to listen to every argu- ment that might be presented against it on the part of the United States. At this moment he thought we had better confine ourselves to the matter immediately in hand. I then remarked that there was another subject upon which I had received a despatch, though I should not, after so long a conference, venture to do more than open the matter to-day. This was a proposal to negotiate in regard to the rights of neutrals in time of war. The necessary powers had been transmitted to me, together with a form of a convention, which I would do myself the honor to submit to his consideration if there was any dispo- sition to pursue the matter further. His lordship then briefly reviewed the past action of the two countries since the meeting of the congress at Paris, and expressed the willingness of Great Britain to negotiate; but he seemed to desire to leave the subject in the hands of Lord Lyons, to whom he inti- mated that he had already transmitted authority to assent to any modifica- tion of the onl}'^ point in issue which the government of the United States might prefer. On that matter he believed there would be no difficulty what- ever. Under these circumstances, I shall not press the subject further at this place until I receive new directions to that effect from the department. His lordship then observed that there were two points upon which he should be glad himself to be enlightened, although he did not know whether I was prepared to furnish the information. They both related to the Presi- dent's proclamation of a blockade. The first question was upon the nature ANNUAL MESSAGE OF THE PEESIDENT. 95 of the blockade. The coast was very extensive, stretching along- the At- lantic and the Gulf of Mexico a great way. AVas it the design of the United States to institute an efiective blockade in its whole extent, or to make only a decftiration to that effect as to the whole, and to confine the actual blockade to particular points ? Considering the uniform doctrine of the government refusing to recognize the validity of mere paper blockades, he could hardly suppose they designed the latter. To this I replied that I knew nothing directly of the President's intentions on this subject; but that ijiasmuch as the government had always protested against mere paper blockades, I could not suppose that it was now disposed to change its doctrine. On the contrary, I had every reason for affirming that it was the intention to make an effective blockade; and this was more practicable than at first sight might appear from the fact that there were few harbors along the coast, however great its extent, and these were not very easy of access. I thought, therefore, that even though the blockade might not be perfect, it would be sufficiently so to come within the legiti- mate construction of the term. His lordship then alluded to the other point, which was, that the procla- mation assigned no precise date for the commencement of the blockade, which he believed was necessary; but he presumed that that defect might be remedied at any time. To which I added that I did not doubt any such omission of form would be supplied as soon as it was pointed out. His lordship then made some remarks upon the adoption of the tariff; to which I replied that, in my belief, that law was mainly passed as a revenue measure, with incidental protection; that it was not in any way aimed in a hostile spirit to foreign nations; and that the people of the United States would always buy from Great Britain as much as they could pay for,, and generally a good deal more. This last remark raised a smile; and thus ended his lordship's series of inquiries. Having thus disposed of these secondary questions, I returned once more to the charge, and asked him what answer I should return to the inquiry which 1 had been directed to make. In order to avoid any ambiguity, I took out of my pocket your despatch No. 4, and read to him the paragraph recapitulating the substance of Mr. Dallas's report of his interview, and the very last paragraph. I said that it was important to me that I should not make any mistake in reporting this part of the conversation; therefore I should beg him to furnish me with the precise language. He said that he did not himself know what he was to say. If it was expected of him to give any pledge of an absolute nature that his government would not at any future time, no matter what the circumstances might be, recognize an existing State in America, it was more than he could promise. If I wished an exact reply, my better way would be to address him the inquiry in writing. I said that I was well aware of that, but I had hoped that I might be saved the necessity of doing so. On reflection, he proposed to avoid that by offering to transmit to Lord Lyons directions to give such a reply to the President as, in his own opinion, might be satisfactory. To this arrange- ment I gave my assent, though not without some doubt whether I was doin^ right. In trutli, if I were persuaded that her Majesty's government were really animated by a desire to favor the rebellion, I should demand a cate- gorical answer; but thus far I see rather division of opinion, consequent upon the pressure of the commercial classes. Hence I preferred to give the short time demanded, as well as to place in the hands of the President him- self the power to decide upon the sufficiency of the reply. * * * ^ >(: * 96 Aj!?nual message of the president. It may be as well to state that, both in matter and manner, the conference, which has been reported as fully and as accurately as my memory would permit, was conducted in the moSt friendly spirit. ^ I have the honor to be, sir, yoiir obedient servant, CHARLES FRANCIS ADAMS. Hon. William H. Seward, Secretary of State, Washington, D. G. Mr. Adams to Mr. Seward. [Extracts] No. 4.] Legation of the United States, London, May 31, 1861. Sm: I have likewise to acknowledge the reception of a printed circular ad- dressed to my predecessor, Mr. Dallas, and dated the 2'Ith of April, 1861, transmitting the proclamation of the President declaring the blockade of the ports of Virginia and North Carolina. In this connexion it may be as well to call your attention to the manner in which these measures are viewed here, so far as it maj' be gathered from what is casually dropped by mem- bers of Parliament as well as what is published in the newspapers. A lead- ing article in the Times newspaper of this morning is especially deserving of attention. It would seem from this that a scheme to overturn the old and recognized British law of blockade, through the means of a joint declaration of the European powers, somewhat after the fashion of the armed neutrality of the last century, is among the things now floating in the minds of people here. Great Britain, so long known and feared as the tyrant of the ocean, is now to transform herself into a champion of neutral rights and the freedom of navigation, even into the ports of all the world, with or without regard to the interests of the nations to whom they may belong. I beg to call your attention to the language used by Lord John Russell and by Mr. Gladstone in the debate in the House of Commons last evening, in relation to a passing remark of Sir John Ramsdcn upon American aftairs on the preceding Monday. They indicate what I believe to be true, that the feeling toward the United States is improving in the higher circles here. It was never otherwise than favorable among the people at large. I was my- self present and heard Sir John Ramsden on Monday night. His remark was partially cheered by the opposition, who were ready to receive anything favorably from a new convert ; but I have reason to believe that it met with decided condemnation from a large majority of the members. Tlie proof of this was established last night in the manner in which the castigation of Mr. Gladstone, which I also witnessed, was listened to and approved. Sir John seems to have gained no laurels in this conflict. The ministry sustained themselves in the division last night, which is, I presume, the decisive test for the year. I believe this may be regarded as a favorable result to the ANNUAL MESSAGE OF THE PEESIDENT. 97 Uiiited States. I shall reserve some general observations on the subject for a separate despatch in the early part of next week. I have the honor to be, sir, your obedient servant. CHARLES FRANCIS ADAMS. Eon. AViLLiAM H. Seward, Secrelary of State. 3Ir. Seward to 3Ir. Adams. No. 14.] Departmext of State, Washington, June 3, 1861. Sir : Your despatch of May It (No. 1) has been received. Your speech at Liverpool was equally prudent and happy. Your prompt- ness in passing through the town to the seat of government, although to be regretted in some respects, is, in view of the circumstances, approved. Every instruction you have received from this department is full of evi- dence of the fact that the principal danger in the present insurrection which the President has apprehended was that of foreign intervention, aid, or sym- pathy ; and especially of such intervention, aid, or sympathy on the part of the government of Gi'eat Britain. The justice of this apprehension has been vindicated by the following facts, namely : 1. A guarded reserve on the part of the British secretary of state, when Mr. Dallas presented to him our protest against the recognition of the insur- gents, which seemed to imply that, in some conditions, not explained to us, such a recognition might be made. 2. The contracting of an engagement by the government of Great Britain with that of France, without consulting us, to the effect that both governments should adopt one and the same course of procedure in regard to the insur- rection. 3. Lord John Russell's announcement to Mr. Dallas that he was not unwilling to receive the so-called commissioners of the insurgents unofS- cially 4. The issue of the Queen's proclamation, remarkable, first, for the circum- stances under which it was made, namely, on the very day of your arrival in London, which had been anticipated so far as to provide for your reception by the British secretary, but without affording you the interview promised before any decisive action should be adopted; secondly'-, the tenor of the proclamation itself, which seems to recognize, in a vague manner, indeed, but does seem to recognize, the insurgents as a belligerent national power. That proclamation, unmodified and unexplained, would leave us no alter- native but to regard the government of Great Britain as questioning our free exercise of all the rights of self-defence guaranteed to us by our Consti- tution and the laws of nature and of nations to suppress the insurrectio-n. I should have proceeded at once to direct you to communicate to the British government the definitive views of the President on the grave sub- ject, if there were not especial reasons for some little delay. These reasons are, first, Mr. Thouvenel has informed our representative at Paris that the two governments of Great Britain and France were preparing, and would, without delay, address communications to this government con- cerning the attitude to be assumed by them in regard to the insurrection. Their communications are hourly expected. Second. You have already asked, and, it is presumed, will have obtained, an interview with the British secretary, and will have been able to present Ex. Doc. 1 7 98 ANNUAL MESSAGE OF THE PRESIDENT. the general views of this government, and to learn definitely the purposes of Great Britain in the matter, after it shall have learned how unsatisfactory the action of the British government hitherto has been to the government of the United States. The President is solicitous to show his high appreciation of every demon- stration of consideration for the United States wliich the British government feels itself at liberty to make. He instructs me, therefore, to say that the prompt and cordial manner in which you were received, under peculiar cir- cumstances arising out of domestic afflictions which had befallen her Majesty and the secretary of state for foreign affairs, is very gratifying to this government. A year ago the differences which had partially estranged the British and the American people from each other seemed to have been removed forever. It is painful to reflect that that ancient alienation has risen up again under circumstances which portend great social evils, if not disaster, to both countries. Referring you to previous instructions, and reserving further directions until we shall have your own report of the attitude of the British govern- ment as defined by itself for our consideration, I am, sir, respectfully, your obedient servant, WILLIAM H. SEWARD. Charles Francis Adams, Esq., d:c., &c., &c. Mr. Adams to Mr. Seward. [Extract.] No. 5.] Legation of the United States, London, June 7, 1861. Sir : I have the honor to acknowledge the receipt of your several de- spatches. No. 1, of the 11th of May, with copies of the correspondence relating to the slave trade and to San Domingo ; No. 8, of the 20th, en- closing the commission of Neil McLachlan, esq., as consul at Leith ; and No. 9, of the 21st, enclosing the commission of Edward Leavenworth, esq., as consul at Sydney, New South Wales. These commissions have been duly transmitted to her Majesty's secretary for foreign affairs, with the customary request for recognition. The earlier papers have been care- fully read, and will be made the subject of consideration at the next con- ference, which I purpose to ask of his lordship at an early day. I think I can report with confidence a considerable amelioration of senti- ment here towards the government of the United States. This may be partly ascribed to the impression made hy the news received of vigorous and effective measures in America, and partly to a sense that the preceding action of her Majesty's ministers has been construed to mean more than they intended by it. It cannot be denied that it had opened a most grave question touching the use that might be made of all the ports of Great Britain as a shelter for captures by privateers purporting to be authorized by the rebellious States. After a careful examination of the subject, I had come to the conclusion that, without some further positive action, the pre- ceding practice in this country would authorize the retention of such cap- tures until condemned as prizes in some admiralty court set up by the insurgents at home and the sale of them afterwards. The effect of this, in giving them encouragement, can scarcely be estimated. It would at once enlist in their behalf most of the daring and desperate adventurers of every nation, whose sole object is plunder, and would initiate a struggle between ANNUAL MESSAGE OF THE PRESIDENT. 99 a community of planters, who have nothing to lose on the ocean, and a commercial nation which whitens every sea with the sails of a peaceful navigation. That so serious a consequence as this was ever intended to flow from the precipitate act of the government here I did not believe. Hence it was with great satisfaction that I learned, on Monday, that the question would be proposed on that day by Mr. Forster in the House of Commons, which you will have seen before this in the record of the pro- ceedings of that body, and that it would be fully answered by Lord John Russell on behalf of her Majesty's ministers. This answer, as since made, may be regarded as satisfactory, so far as it closes the door to one bad effect of the proclamation ; but it does not remove the main difficulty of putting the legitimate and the spurious authority in the same category. Although in practice the operation is favorable to the former, in theory the admission of equality is equally vicious. The only consolation is to be found in the evident desire betrayed b}'- the government here to avoid in any way a collision with the United States or any direct encouragement of the insurgents. This is the day assigned for the consideration of the motion of Mr. Gregory, the member for Galway. I understand that he means to enter largely into the question of recognition of the confederates, and that he will probably be answered as fully. It is stated to me that the ministry are willing to have the discussion go on. For obvious reasons I do not think it advisable to attend the debate myself; but I shall take measures to obtain the best information of the actual state of feeling in the House from personal observation, and to transmit my own conclusions in the next de- spatch. Unfortunately it will be necessary to close the present one before evening, in order to be in time for the steamer. I have the honor to be, sir, your obedient servant, CHARLES FRANCIS ADAMS. Hon. William H. Seward, Secretary of Stale, Washington, D. 0. Mr. Seward to 3Ir. Adams. No. 16.] Department of State, Washington, June 8, 1861. Sir: I enclose a copy of a note of this date addressed to Lord Lyons, which will dispel any uncertainty which the British government may enter- tain in regard to our recognition of a rule of international law which they may deem important. I am, sir, respectfully, your obedient servant, WILLIAM H. SEWARD. Charles Francis Adams, Esq., c&c., &c., &c. Mr. Seward to Lord Lyons. Department of State, Washington, June 8, 1861. My Lord: I have the honor to acknowledge the receipt of your note of the 5th instant, with the accompanying papers, relative to a claim in the case of the cargo of the bark Winifred, a part of which is represented to belong to British subjects. 100 . ANNUAL MESSAGE OF THE PRESIDENT. In reply, I regret that at this juncture I do not feel at liberty to interfere in the case, as it is understood that the usual proceedings in the prize court at New York have been set on foot against the vessel and her cargo. If, however, that court shall be satisfied of the ownership by British sub- jects of the part of the cargo claimed, it cannot be doubted tliat restitution will be decreed, as this government recognizes the right of the property of a friendly nation in the vessels of an insurgent to be exempted from con- demnation. The papers which accompanied your note are herewith returned. I have the honor to be, with the highest consideration, your lordship's most obedient servant, WILLIAM H. SEWARD. The Right Honorable Lord Lyons, (&c., &c., &c. 3Ir. Seward to Mr. Adams. No. L5.] Department of State, Washington, June 8, 1861. Sir: T have the pleasure of acknowledging the receipt of your despatch of May 21, (No. 2,) which contains a report of the conversation which you Lad held with Lord John Russell on the 18th day of that month. This government insists, as all the world might have known that it must and would, under all circumstances, insist, on the integrity of the Union, as the chief element of national life. Since, after trials of every form of for- bearance and conciliation, it has been rendered certain and apparent that this paramount and vital object can be saved only by our acceptance of eivil war as an indispensable condition, that condition, with all its hazards and deplorable evils, has not been declined. The acceptance, however, is attended with a strong desire and fixed purpose that the war shall be as short and accompanied by as little sufi'ering as possible. Foreign interven- tion, aid, or sympathy in favor of the insurgents, especially on the part of Great Britain, manifestly could oidy protract and aggravate the war. Ac- cordingly, Mr. Dallas, under instructions from the President, in an interview conceded to him by the British secretary of state for foreign affairs, pre- sented our protest against any such intervention. Lord John Russell answered with earnestness that there was not in the British government the least desire to grasp at any advantages which might be su[tposed to arise from the unpleasant domestic differences in the United States, but, on the contrary, that they would be highly gratified if those differences were adjusted, and the Union restored to its former unbroken position. Mr. Dallas then, as he reported to us, endeavored to impress upon his lordship how important it must be that Great Britain and France should abstain, at least for a considerable time, from doing what, by encouraging groundless hopes, (of the insurgents,) would widen a breach stiil thought capable of being closed; but his lordship seemed to think that the matter was not ripe for decision, one way or another, and remarked that what he had already said was all that at present it was in his power to say. Upon this report you were instructed to inform her Britannic Majesty's government that the President regarded the reply made by his lordship to Mr. Dallas's suggestion as possibly indicating a policy which this government would be obliged to deem injurious to its rights, and derogating from its ANNUAL MESSAGE OF THE PEESIDENT. 101 dignity. This government thought tlie reply of the secretary unjustifiably abrupt and reserved. That abruptness and reserve unexplained, left us tinder a seeming necessity of inferring that the British government might be contemplating a policy of encouragement to the insurgents which would widen the breach here which we believed it possible to heal if such encour- agement should not be extended, A vital interest obliged the United States to seek explanation, or to act on the inference it thus felt itself obliged to adopt. Your despatch of the 21st of May, (No. 2,) which has just been received, ehmvs how you have acquitted yourself of the duty imposed upon you. After stating our complaint to his lordship, you very properl}'^ asked an elucidation of his meaning in the reply to which exception had been taken by us, and very rightly, as we think, asked whether it was the intention of her Majesty's ministers to adopt a policy which would have the effect to widen, if not to make irreparable, a breach which we believe yet to be entirely manageable by ourselves. His lordship disclaimed any such intention. A friendly argu- ment, however, then arose between the secretary and yourself concerning what should be the form of the answer to us which his lordship could prop- erl}' give, and which would, at the same time, be satisfactory to this gov- ernment. The question was finally solved in the most generous manner by the proposition of his lordship that he would instruct Lord Lyons to give such a reply to the President as might, in his own opinion, be satisfactory, which proposition you accepted. I hasten to say, by direction of the President, that your course in this proceeding is fully approved. This government has no disposition to lift questions of even national pride or sensibility up to the level of diplomatic controversy, because it earnestly and ardently desires to maintain peace, harmony, and cordial friendship with Great Britain. Lord John Russell's proposition, by authorizing the President to put the most favorable con- struction possible upon the response which was deemed exceptionable, removes the whole difficulty without waiting for the intervention of Lord Lj'ons. You will announce this conclusion to Lord John Russell, and inform him that the settlement of the affair in so friendly a spirit affords this gov- ernment sincere satisfaction. Your conversation with the British secretary incidentally brought into debate the Queen's late proclamation, (which seems to us designed to raise the insurgents to the level of a belligerent state;) the language employed by her Majesty's ministers in both houses of Parliament, the tone of the public press, and of private opinion, and especially a speech of the lord chancellor, in which he had characterized the insurgents as a belligerent State, and the civil war which they are waging against the United States as j II slum helium. the opinions which you expressed on these matters, and their obvious tendency to encourage the insurrection and to protract and aggravate the civil war, are just, and meet our approbation. At the same time, it is the purpose of this government, if possible, consistently with the national wel- fare and honor, to have no serious controversy with Great Britain at all ; and if this shall ultimately prove impossible, then to have both the defen- sive position and the clear right on our side. With this view, this govern- ment, as you were made aware by my despatch No. 10, has determined to pass over without official complaint the publications of the British press, manifestations of adverse individual opinion in social life, and the speechea of British statesmen, and even those of her Majesty's ministers in Parlia- ment, so long as they are not authoritatively adopted by her Majesty's gov- ernment. We honor and respect the freedom of debate, and the freedom of 102 ANNUAL MESSAGE OF THE PRESIDENT. the press. We indulge no apprehensions of clanger to our rights and inter- ests from any discussion to which they may be subjected, in either form, in any place. Sure as we are that the transaction now going on in our country involves the progress of civilization and humanity, and equally sure that our attitude in it is right, and no less sure that our press and our statesmen are equal in ability and influence to any in Europe, we shall have no cause to grieve if Great Britain shall leave to us the defence of the independence of nations and the rights of human nature. My despatch No. 14 presented four distinct grounds on which this gov- ernment apprehended a policy on the part of her Majesty's government to intervene in favor of the insurgents, or to lend them aid and sympathy. The first ground was the reserve practiced by the British secretary for foreign affairs in his conversation with Mr. Dallas, referred to in the earlier part of this despatch. I have already stated that the explanations made and offered by Lord John Russell have altogether removed this ground from debate. The second was the contracting of an engagement by the government of Great Britain with that of France, without consulting us, to the effect that both governments would adopt one and the same course of proceeding in regard to the subject of intervention in our domestic affairs. You were in- formed in my despatch No. 10 that, as this proceeding did not necessarily imply hostile feelings towards the United States, we should not formally complain of it, but shoiild rest content with a resolution to hold intercourse only with each of those States severally, giving due notice to both that the circumstance that a concert between the two powers in any proposition each might offer to us would not modify in the least degree the action of the United States upon it. The third ground was Lord John Russell's announcement to Mr. Dallas that he was not unwilling to receive the so-called commissioners of tlie insur- gents unofficially. On this point you already have instructions, to which nothing need now be added. The fourth ground is the Queen's proclamation, exceptionable first for the circumstances under which it was issued, and secondly, for the matter of that important state paper. My despatch No. 14 apprised you of our reason for expecting a direct communication on this subject from her Majesty's government. I reserve instructions on this fourth ground, as I did in that despatch, expecting to discuss it fully when the promised direct communication shall bring it au- thoritatively before this government in the form chosen by the British gov- ernment itself My silence on the subject of the defence of that proclamation made by Lord John Russell in his conversation with you being grounded on that motive for delay, it is hardly necessary to saj that we are not to be regarded as conceding any positions which his lordship assumed, and which you so ably contested on the occasion referred to in your despatch. Your argument on that point is approved by the President. The British government having committed the subject of the proposed modifications of international law on the subject of the right of neutrals in maritime war to Lord Lyons before you were prepared by our instructions to present the subject to that government, no objection is now seen to the discussion of that matter here. No communication on an}'^ subject herein discussed has yet been received from Lord Lyons. Despatches which you must have received before this time will have enabled you to give entire satisfaction to his lordship concerning the blockade. We claim to have a right to close the ports which have been seized by insurrectionists, for the purpose of suppressing the attempted revolution, and no one could justly ANNUAL MESSAGE OF THE PEESIDENT. 103 complain if we had done so decisively and peremptorily. In resorting to the milder and very lenient form of the blockade, we have been governed by a desire to avoid imposing hardships unnecessarily onerous upon foreign as well as domestic commerce. The President's proclamation was a notice of the intention to blockade, and it was provided that ample warning should be given to vessels approaching and vessels seeking to leave the blockaded ports before capture should be allowed. The blockade from the time it takes effect is everywhere rendered actual and effective. Your remarks on the subject of the late tariff law were judicious. The subject of revenue policy in the altered condition of affairs is not unlikely to receive the attention of Congress. We are gratified by the information you have given us of the friendly spirit which has thus far marked the deportment and conversation of the British government in your official intercourse with it. I am, sir, respectfully, your obedient servant, WILLIAM H. SEWARD. Charles Francis Adams, Esq., (&c., &c., &c. 2Ir. Adams to Mr. Seward. London, Juyie 8, 1861. Dear Sir : I send herewith a copy of the London Times of this morning, containing an account of the termination of Mr. Gregory's movement. Subsequent events only can now do anything to improve the prospect of the confederates at this court. Yours, &c., C. F. ADAMS. Hon. W. H. Seward, Washington, D. C. Mr. Adams to Mr. Seward. [Extracts.] No. 8.] Legation of the United States, London, June 14, 1861. Sir : I have to acknowledge the reception of your despatches No. 10, dated the 21st of May, and No. 11. dated on the 24th, with a copy of a letter from Mr. 0. Vanden burgh, and also a printed circular from the de- partment of the 20th of May, relating to purchases made here of articles contraband of war. The intelligence of the feeling expressed in America upon the reception of the Queen's proclamation was fully expected by me, so that it excited no surprise, and much of the course of your argument in your despatch will be found to have been already adopted in my conference with Lord John Russell, an account of which is before this time in your hands. ********* However this may be, my duty was plain. I applied for an interview with Lord John Russell, and he appointed one for ten o'clock on Wednesday, the 12th, at his own house. After some slight preliminary talk, I observed to him that I had been instructed to press upon her Majesty's government the expediency of early action on the subject of privateering; that in the 104 ANNUAL MESSAGE OF THE PRESIDENT. present state of excitement in the United States consequent upon the measures which it had felt it necessary to adopt, I did not know of any- thing- which would be so likely to allay it as an agreement on this point. His lordship then said that he did not know whether I knew it, but the fact was that Mr. Dayton had made a proposition to France for negotiation on the basis of the articles as agreed upon in Paris. France had communicated the fact through her minister, the Oompte de Flahault; and he intimated' that there had been a cabinet conversation on the subject, without arriving at a decision. I then referred to what had passed at our former interview. I mentioned mj^ proposal to negotiate, and the inclination shown by his lord- ship to leave the subject with Lord Lyons, with authority to arrange the only point in dispute as the governoient at Washington might desire. There I had left the matter. His lordship replied that he did not mean to be quite so understood. His intention was to say, that having agreed upon the three articles, he should be read}' to consent to the total omission of the fourth article, if that would be agreeable at Washington. I said that I had not so understood him, and from my present recollection, I am confident that my report of his language was not incorrect. I next approached the most delicate portion of my task. I descanted upon the irritation produced in America by the Queen's proclamation, upon the construction almost universally given to it, as designed to aid the in- surgents by raising them to the rank of a belligerent State, and upon the very decided tone takenby the President in my despatches in case any such design was really entertained. I added that from my own observation of what had since occurred here, I had not been able to convince myself of the existence of such a design. But it was not to be disguised that the fact of the continued stay of the pseudo commissioners in this city, and still more the knowledge that they had been admitted to more or less interviews with his lordship, was calculated to excite uneasiness. Indeed, it had already given great dissatisfaction to my government. I added, as moderately as I could, that in all frankness any further protraction of this relation could scarcely fail to be viewed by us as hostile in spirit, and to require some corresponding action accordingl3^ His lordship then reviewed the course of Great Britain. He explained the mode in which they had consulted with France, prior to any action at all, as to the reception of the deputation from the so-called Confederate States. It had been the custom both in France and here to receive such persons unofficially for a long time back. Poles, Hungarians, Italians, &c., &c., had been allowed interviews, to hear what they had to snj. But this did not imply recognition in their case any more than in ours. He added that he had seen the gentlemen once some time ago, and once more some time since; he had no expectation of seeing them any more. I shall continue my relations here until I discover some action apparently in conflict with it, or receive specific orders from the department dictating- an opposite course. I ventured to repeat my regret that the proclamation had been so hastily issued, and adverted to the fact that it seemed contrary to the agreement said to have been proposed by Mr. Dallas and concurred in by his lordship, to postpone all action until I should arrive, possessed with all the views of the new administration. But still, though I felt that much mischief had ensued in the creation of prejudices in the United States, not now easy to be eradicated, I was not myself disposed in any part of my conduct to aggravate the evil. My views had been much modified hj opportunities of ANmiAL MESSAGE OF THE PRESIDENT. 105 more extended conversation with persons of weight in Great Britain, hy the improved tone of the press, by subsequent explanations in Parliament, by the prohibition of all attempts to introduce prizes into British ports, and, lastly, by the unequivocal expression of sentiment in the case of Mr. Gregory when the time came for him to press his motion of recognition. I trusted that nothing new might occur to change the current again, for nothing was so unfortunate as the effect of a recurrence of reciprocal irritations, however trifling, between countries, in breaking up the good understanding which it was always desirable to preserve. His lordship agreed to this, but remarked that he could not but think the complaint of the proclamation, though natural enough perhaps at this moment, was really ill founded. He went over the ground once more which he occupied in the former interview — the necessity of doing something to relieve the officers of their ships from the responsibility of treating these persons as pirates if they met tliem on the seas. For his part, he could not believe the United States would persevere in the idea of hanging them, for it was not in consonance with their well-known character. But what would be their own situation if they should be found practicing upon a harsher system than the Americans themselves. Here was a very large territory — a number of States — and people counted by millions, who were in a state of actual war. The fact was undeniable and the embarrassment unavoidable. Under such circumstances the law officers of the crown advised the policy which had been adopted. It was designed only as a preventive to immediate evils. The United States should not have thought hard of it. They meant to be entirely neutral. I replied that we asked no nK.re than that. We desired no assistance. Our objection to this act was that it was practically not an act of neutrality. It had depressed the spirits of the friends of the government. It had raised the courage of the insurgents. We construed it as adverse, because we could not see the necessity of such immediate haste. These people were not a navigating people. They had not a ship on the ocean. They had made no prizes, so far as I knew, excepting such as they had caught by surprises. Even now, I cuuld 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 calibre. But it was useless to go over this any more. The thing was now done. All that we could hope was that the later explanations would counteract the worst eflects that we had reason to apprehend from it ; and, at any rate, there was one com- pensation, the act had released the government of the United States from responsibility for any misdeeds of the rebels towards Great Britain. If any of their people should capture or maltreat a British vessel on the ocean, the reclamation must be made only upon those who had authorized the wrong. The United States would not be liable. I added that I could not close the interview without one word upon a subject on which I had no instructions. I saw by the newspapers an account of a considerable movement of troops to Canada. In our situation this would naturally excite attention at home, and I was therefore desirous to learn whether they were ordered with any reference to possible difficulties with us. His lordship said that the country had been denuded of troops for some time back, and it was regarded only as a proper measure of precaution, in the present disordered condition of things in the United States, to restore a part of them. He said he did not know but what we might do something. He intimated a little feeling of uneasiness at the mission of Mr. Ashmun, without any notice given to them of his purposes ; and he likewise said something about a threat uttered by yourself to Lord Lyons to seize a British 106 ANNUAL MESSAGE OF THE PRESIDENT. vessel on Lake Ontario without ceremony. To this I replied, that inasmuch as I had understood Mr. Ashmun's mission had been made known to the governor of Canada, it did not seem to me that it could be of much concealed significance ; and that as to the other matter, if there was any reality in the threat, it surely was an odd way of proceeding to furnish at once the warning in time to provide against its execution. ********* I did not touch at all on the subject of the blockade, as referred to in your despatch No. 10, for the reason that I do not now Understand the government as disposed in any way to question its validity or to obstruct it. On the contrary, his lordship, incidentally referring to it in this interview, said that instructions had been sent out to the naval officers in command to respect it, and never themselves to seek to enter any of the ports blockaded, unless from some urgent necessity to protect British persons or property. I have the honor to be, sir, your obedient servant, CHARLES FRANCIS ADAMS. Mr. Seward to Mr. Adams. No. 21.] Department of State, Washington, June 19, 1861. Sir: On the 15th day of June instant. Lord Lyons, the British minister, and Mr. Mercier, the French minister, residing here, had an appointed inter- view with me. Each of those representatives proposed to read to me an instruction which he had received from his government, and to deliver me a copy if I should desire it. I answered, that in the present state of the cor- respondence between their respective governments and that of the United States, I deemed it my duty to know the characters and effects of the in- structions, respectively, before I could consent that they should be officially communicated to this department. The ministers therefore, confidentially, and very frankly, submitted the papers to me for preliminary inspection. After having examined them so far as to understand their purport, I declined to hear them read, or to receive official notice of them. I proceed now to give you our reasons for this course, that you may, if you find it necessary or expedient, communicate them to the government of Great Britain. When we received official information that an understanding was existing between the British and French governments that they would take one and the same course concerning the insurrection which has occurred in this country, involving the question of recognizing the independence of a revo- lutionary organization, we instructed you to inform the British government that we had expected from both of those powers a different course of pro- ceeding. We added, however, that insomuch as the proposed concert of action between them did not necessarily imply any unfriendliness of pur- pose or of disposition, we should not complain of it, but that we should insist in this case, as in all others, on dealing with each of those powers alone, and that their agreement to act together would not at all aflPect the course which we should pursue. Adhering to this decision, we have not made the concert of the two powers a ground of objection to the reading of the instruction with which Lord Lyons was charged. That paper purports to contain a decision at which the British government has arrived, to the effect that this country is divided into two belligerent ANNUAL MESSAGE OF THE PRESIDENT. 107 parties, of which this government represents one, and that Great Britain assumes the attitude of a neutral between them. This government could not, consistently with a just regard for the sover- eignty of the United States, permit itself to debate these novel and extraor- dinary positions with the government of her Britannic Majesty; much less can we consent that that government shall announce to us a decision de- rogating from that sovereignty, at which it has arrived without previously conferring with us upon tiie question. The United States are still solely and exclusively sovereign within the territories they have lawfully acquired and long possessed, as they have always been. They are at peace with all the world, as, with unimportant exceptions, they have always been. They are living under the obligations of the law of nations, and of treaties with Great Britain, just the same now as heretofore; they are, of course, the friend of Great Britain, and they insist that Great Britain shall remain their friend now just as she has hitherto been. Great Britain, by virtue of these relations, is a stranger to parties and sections in this country, whether they are loyal to the United States or not, and Great Britain can neither rightfully qualify the sovereignty of the United States, nor concede, nor recognize any rights, or interests, or power of any party, State, or section, in contravention to the unbroken sovereignty of the federal Union. What is now seen in this country is the occurrence, by no means peculiar, but frequent in all countries, more frequent even in Great Britain than here, of an armed insur- rection engaged in attempting to overthrow the regularly constituted and established government. There is, of course, the employment of force by the government to suppress the insurrection, as every other government necessarily employs force in such cases. But these incidents by no means constitute a state of war impairing tlie sovereignty of the government, creating belligerent sections, and entitling foreign States to intervene or to act as neutrals between them, or in any other way to cast off their lawful obligations to the nation thus for the moment disturbed. Any other prin- ciple than this would be to resolve government everywhere into a thing of accident and caprice, and ultimately all human society into a state of per- petual war. We do not go into any argument of fact or of law in support of the posi- tions we have thus assumed. They are simply the suggestions of the instinct of self-defence, the primary law of human action, not more the law of indi- vidual than of national life. This government is sensible of the importance of the step it takes in de- clining to receive the communication in question. It hopes and believes, however, that it need not disturb the good relations which have hitherto subsisted between the two countries which, more than any other nations, have need to live together in harmony and friendsliip. We believe that Great Britain has acted inadvertently, and under the influence of apprehensions of danger to her commerce, which either are exag- gerated or call for fidelity on her part to her habitual relations to the United States, instead of a hasty attempt to change those relations. Certainly this government has exerted itself to the utmost to prevent Great Britain from falling into the error of supposing that the United States could consent to any abatement of their sovereignty in the present emergency. It is, we take leave to tliink, the commoTi misfortune of the two countries that Great Britain was not content to wait before despatching the instruction in questfiin, until you had been received by her Majesty's government, and had submitted the entirely just, friendly, and liberal overtures with which you were charged. Although the paper implies, without affirming, that the insurgents of this 108 ANNUAL MESSAGE OF THE PEESIDENT. couiitiy possess some belligerent rig'hts, it does not name, specif}'', or indi- cate one such right. It confines itself to stating what the British govern- ment require or expect the United States to do. Virtually, it asks us to concede to Great Britain the principles laid down in the declaration of the congress held at Paris in 1856. It asks indeed a little less, certainly nothing more or different from this; The British government ask this of us to-day, the 15th of June, in ignorance of the fact that we had, so early as the 25th of April, instructed you to tender, without reservation, to Great Britain our accession, pure and simple, to that declaration. We have all the while, since that instruction w^as sent forth, been ready, as we now are ready, to accede to the declaration, where and whenever Great Britain may be ready and willing to receive it. The argument contained in the instruction seems, therefore, to have been as unnecessary and irrelevant as it is unacceptable. Lord Lyons thinks that his instructions do not authorize him to enter into convention with us here. You will inform the government of Great Britain of the fact, and, if they prefer, you will enter into the convention at London. Of course it is understood that the concessions herein made do not afiect or impair the right of the United States to suppress the insurrection as well by maritime as by land operations, and for this purpose to exclude all com- merce from such of the ports as maj' have fallen into the hands of the insur- gents, either by closing the ports directl}'- or by the more lenient means of a blockade, which we have alreadj' adopted. It is thus seen that, in the present case, there is only an embarrassment resulting from the similar designs of the two governments to reach one com- mon object by different courses without knowledge of each others disposi- tions in that respect. There is nothing more. We propose, as a nation at peace, to give to Great Britain as a friend what she as a neutral demands of us, a nation at war. We rejoice that it happens so. We are anxious to avoid all causes of misunderstanding with Great Britain; to draw closer, in- stead of breaking, the existing bonds of amity and friendship. There is nothing good or great which both nations may not expect to attain or effect if they may remain friends. It would be a hazardous day for both the branches of the British race when they should determine to try how much harm each could do the other. We do not forget that, although thus happily avoiding misunderstanding on the present occasion, Great Britain may in some way hereafter do us wrong or injury by adhering to the speculative views of the rights and duties of the two governments which she has proposed to express. But we believe her to be sincere in the good wishes for our welfare, which she has so con- stantl}' avowed, and we will not, therefore, suffer ourselves to anticipate oc- casions for difterence which, now that both nations fully understand each other, may be averted or avoided. One point remains. The British government while declining, out of re- gard to our natural sensibility, to propose mediation for the settlement of the difierences which now unhappily divide the American people, have never- theless expressed, in a vei'y proper manner, their willingness to undertake the kindly duty of mediation, if we should desire it. The President expects 3'ou to say on this point to the Pn-itish government, that we appreciate this gen- erous and friendly demonstration; but that we cannot solicit or accept media- tion from any, even the most friendly quarter. The conditions of society here, the character of our government, the exigencies of the country, forbid that any dispute arising among us should ever be referred to foreign arbitration. We are a republican and American people. The Constitution of our govern- ment furnishes all needful means for the correction or removal of any possi- ble political evil. Adhering strictly as we do to its directions, we shall I ANNUAL MESSAGE OF THE PEESIDENT. 109 surmount all our present complications, and preserve the government com- plete, perfect, and sound, for the benefit of futiire generations. But the integrity of any nation is lost, and its fate becomes doubtful, whenever strange hands, and instruments unknown to the Constitution, are employed to perform the proper functions of the people, established by the organic laws of the State. Hoping to have no occasion hereafter to speak for the hearing of friendly nations upon the topics which I have now discussed, I add a single remark by way of satisfying the British government that it will do wisely by leaving us to manage and settle this domestic controversy in our own way. The fountains of discontent in any society are many, and some lie much deeper than others. Thus far this unhappy controversy has disturbed only those which are nearest the surface. There are others which lie still deeper that may yet remain, as we hope, long undisturbed. If they should be reached, no one can tell how or when they could be closed. It was foreign intervention that opened and that alone could open similar fountains in the memorable French revolution. I am, sir, respectfully, your obedient servant, WILLIAM H. SEWARD. Charles F. Adams, <&c., &c., &c. Mr. Adams to Mr. Seward. [Extracts. ] No. 9.] Ijegatign of the United States, London, June 21, 186L I have not deemed it necessary to ask a special interview to communicate to Lord John Russell the sense entertained by the President of the manner of my reception here, as directed in yours of the 3d of June. Presuming it to be altogether likely that another despatch, prepared after the reception of my No. 2, is now near at hand, I have preferred to wait and see if that may not give me other matter to submit at the same time. The intelligence received from the United States of the eflFcct produced by the reception of the Queen's proclamation has not been without its influence tipon opinion here. Whilst people of all classes unite in declaring that such a measure was unavoidable, they are equally earnest in disavowing any inferences of want of good will which may have been drawn from it. They affect to consider our complaints as very unreasonable, and are profuse in their professions of sympathy with the government in its present struggle. This is, certainly, a very great change from the tone prevailing when I first arrived. It is partly to be ascribed to the accounts of the progress of the war, but still more to the publications in the London Times of the letters of its special correspondent. There is no longer any floating doubt of the capacity of the government to sustain itself, or any belief that the insur- gents will make their own terms of accommodation. The idea still remains quite general that there will never be any actual conflict, and it is connected in many cases with an apprehension that the reunion may be cemented upon the basis of hostile measures against Great Britain. Indeed, such has been the motive hinted at by more than one person of influence as guiding the policy of the President himself. Whenever such a suggestion has been 110 ANNUAL MESSAGE OF THE PEESIDENT. made to me, I have been careful to discountenance it altogether, and to aflBrni that the struggle was carried on in good faith, and from motives not subject to be affected by mere considerations of policy, or by temporary emotions. More especially have I endeavored to disavow any " arriere pensee" which has the effect to confirm the suspicion of our sincerity, I regret to say, by far too much disseminated. ***** ******** I am now earnestly assured on all sides that the sympathy with the gov- ernment of the United States is general; that the indignation felt in America is not founded in reason ; that the British desire only to be perfectly neutral, giving no aid nor comfort to the insurgents. I believe that this sentiment is now growing to be universal. It inspires her Majesty's ministers, and is not without its effect on the opposition. Neither party would be so bold as to declare its sympathy with a cause based upon the extension of slavery, for that would at once draw upon itself the indignation of the great body of the people. But the development of a positive spirit in the opposite direction will depend far more upon the degree in which the arm of the government enforces obedience -than upon any absolute affinity in senti- ments. Our brethren in this country, after all, are much disposed to fall in with the opinion of Voltaire, that "Dieu est toujours sur le cote des gros canons." General Scott and an effective blockading squardron will be the true agents to keep the peace .abroad, as well as to conquer one at home. In the meanwhile the self-styled commissioners of the insurgents have transferred their labors to Paris, where, I am told, they give out what they could not venture publicly to say here, that this government will recog- nize them as a State. The prediction may be verified, it is true; but it is not now likely to happen, under any other condition than the preceding assent of the United States. I have the honor to be your obedient servant, CHARLES FRANCIS ADAMS. Hon. William H. Seward, Secretary of Stale. Mr. Adams to Mr. Seward. [Extracts.] No. 10.] Legation of the United States, London, June 28, 186L Sir: ******** My interview with his lordship was intended only to express to him the views entertained by the President, as communicated to me in your despatches No. 14 and No. 15 of the reports made by me of our first conference. His lordship said that he had just received despatches as late as the 15th, com- municating the same information, and that Lord Lyons had learned, through another member of the diplomatic corps, that no further expression of opinion on the subject in question would be necessary. This led to the most frank and pleasant conversation which I have yet had with his lordship, in which we reviewed the various points of diificulty that had arisen in a manner too desultory to admit of reporting, excepting in the general result. * * ************** I added that I believed the popular feeling in the United States would sub- side the moment that all the later action on this side was known. There ANNUAL MESSAGE OF THE PRESIDENT. Ill was but a single drawback remaining, which was what I could not but regard as the inopportune despatch of the Great Eastern with the troops for Canada. He said that this was a mere precaution against times of trouble. * * * * ** * * * His lordship then said something about difficulties in New Granada, and the intelligence that the insurgents had undertaken to close several of their ports. But the law officers here told him that this could not be done as against foreign nations, excepting by the regular form of blockade. He did not know what we thought about it, but he had observed that some such plan was said to be likely to be adopted, at the coming meeting of Congress, in regard to the ports of those whom we considered as insurgents. I replied that such was one of the several projects reported at the last session of Congress, to which I was a member, but I had heard some serious constitu- tional objections raised against it. My own opinion was that the blockade would be persevered in, which would obviate all difficulty. On the whole, I think I can say that the relations of the two countries are gradually returning to a more friendly condition. My own reception has been all that I could desire. I attach value to this, however, only as it indicates the establishment of a policy that will keep us at peace' during the continuance of the present convulsion. I have the honor to be, sir, your obedient servant, CHARLES FRANCIS -.ADA MS, Hon. William H. Seward, Secretary of State, Washington, D. C. Mr. Seward to Mr. Adams. No. 32.] Department of State, Washington, July 1, 1861. Sir: Your despatch No. 8 (dated June 14) has been received. My despatch. No. 21, of 19th ultimo, has anticipated the matter you have discussed in the paper before me. It remains only to say that while we would prefer to add Mr. Marcy's amendment, exempting private property of non-belligerents from confiscation in maritime war, and desire you to stipu- late to that effect if you can, yet we are, nevertheless, ready and willing to accede to the declaration of the congress of Paris, if the amendment cannot be obtained. In other words, we stand on the instructions contained in my aforesaid despatch. We, as yon are well aware, have every desire for a good understanding with the British government. It causes us no concern that the govern- ment sends a naval force into the Gulf and a military force into Canada. We can have no designs hostile to Great Britain so long as she does not, officially or unofficially, recognize the insurgents or render them aid or sympathy. We regard the measures of precaution on her part, to which I have alluded, as consequences of the misunderstanding of our rights and her own real relation towards us that she seemed precipitately to adopt, before she heard the communication with which you were charged on our behalf. These consequences may be inconvenient to herself, but are not all occasion of irritation to the United States. Under present circumstances, the more effectually Great Britain guards her possessions and her commerce in this quarter the bettor we shall be satisfied. If she should change her course and do us any injury, which we have not the least idea now that she 112 ANNUAL MESSAGE OF THE PEESIDENT. purposes to do, we should not be deterred from vindicating our rig'hts and our unbroken sovereignty against all the armies and navies that she could send here. Before the Queen's proclamation was issued, and at the moment when privateers were invited and a naval force announced as being organized by the insurrectionists, it was reported to this govei'nment that the iron steamer Peerless, lying at Toronto, had been sold to insurgents to be used as a priva- teer to prey upon our commerce, and that she was, nevertheless, to pass under British papers and the British flag down the St. Lawrence to be delivered over to a pirate commander in the open sea. It was said that the governor general declined to interfere. I asked Lord Lyons to request the governor general of Canada to look into the facts, and prevent the departure of the vessel if he should find the report to be true. Lord Lyons answered that he had no au- thority to do so. I then said that I should dii'ect our naval forces to seize and detain the vessel if they should have good reason to believe the facts reportect to be true, and to refer the parties interested to this government. I did this at once, and his lordship protested. Afterwards, as we under- stand, the governor general did interfere, and the Peerless was prevented from sailing until the danger of her being converted into a pirate was pre- vented. Here the matter ended. Certainly the British government could not expect us to permit the St. Lawrence to become a harbor for buccaneers. Had the vessel been seized or detained we should at once have avowed the act and tendered any satisfaction to the British government if it should appear that the character of the vessel had been misunderstood. Mr. Ashmun went to Canada to watch and prevent just such transactions as the sale or fitting out of the Peerless for a pirate would have been. It was not supposed that his visit there would be thought objectionable, or could give any uneasiness to the British government. Lord Lyons here viewed the subject in a different light and complained of it. I instantly recalled Mr. Ashmun. These are the two grievances presented to you by Lord John Russell. I trust that the British governmeut will be satisfied that in both cases we were only taking care that the peace of the two countries should not be disturbed through the unlawful action of covetous and ill-disposed persons on the border which separates them. I conclude with the remark that the British government can never expect to induce the United States to acquiesce in her assumed position of this goveruDient as divided in any degree into two powers for war more than for peace. At the same time, if her Majestj-'s government shall continue to practice absolute forbearance from any interference in our domestic affairs, we shall not be captious enough to inquire what name it gives to that for- bearance, or in what character it presents itself before the British nation in doing so. We hold ourselves entitled to regard the forbearance as an act of a friendly power, acting unconsciously of a domestic disturbance among ITS, of which friendly States can take no cognizance. On this point our views are not likely to undergo any change. In maintaining this position we are sure we do nothing derogating from the dignity of the British gov- ernment, while we inflexibly maintain and preserve the just rights and the honor of the United States. I am, sir, respectfully, your obedient servant, WILLIAM H. SEWARD. Chakles Francis Adams, Esq., d;c., &c., &c. ANNUAL MESSAGE OF THE PRESIDENT. 113 3Ir. Adams to Mr. Seward. [Extract.] No. 14.] Legation of the Uxited States, London, July 12, 1861. Sir: Your despatches, from No. 2 to No. 2.5, inclusive, were received at tliis office early in the present week. 1 have read the first of these papers, containing- further instructions to me, and dated on the 21st of June, with close attention. My prevailing feeling- has been one of profound surprise at the course of this g-overnment tliroug^hout the present difficulty. First. It prepares, in the form of an in- struction to Lord Lyons, a paper to be presented to you, among other things " virtually asking you to concede the principles laid down in the declaration of the congress held in Paris in 1856." Secondly. When in obedience to my instructions I propose to offer a project to Lord John Russell, actually de- signed to do the very thing desired, I am told the directions have already been sent out to Lord Lyons to arrange the matter on the basis proposed by the American government of the three articles, omitting the fourth altogether. Thirdly. Lord Lyons expresses the opinion to you that his instructions do not authorize him to enter into a convention with you in the United States. Fourthly. When, concurrently with these events, Mr. Dayton proposes to negotiate on the same basis with France, I am informed that this proposal has been communicated to the ministry here, and that no definite conclusion had been arrived at. I must say that a more remarkable series of misun- derstandings has seldom come within my observation. I now propose to bring this matter to a distinct issue. To this end I have addressed a letter to Lord John Russell, to know whether, under the renewed instructions of the present despatch, he is disposed to open the negotiation here. The advantage of this will be that I shall get an answer in writing, which will admit of no misconception. A copy of that answer will be for- warded so soon as it is received. I have the honor to be, sir, your obedient servant, CHARLES FRANCIS ADAMS. Hon. William H. Seward, &c., &c., &c. Mr. Adams to Mr. Seward. No. It.] Legation of the United States, London, July 19, 1861. Sir : Your despatch, No. -32, dated the 1st of July, relating to the com- munications between the two governments respecting the declaration of the convention at Paris, in 1856, reached me soon after I had addressed a formal letter to Lord John Russell, designed to bring the matter to a definite point. In my No. 14, dated on the 12th, I stated the fact that I had sent such a letter, and I promised that I would forward his lordship's answer so soon as it should be received. I now transmit copies of my letter and of the answer. It is not a little singular that his lordship's memory of what passed at our first interview on this subject should differ so widely from mine. It would seem, by his account, that he had been the first to mention the instruc- tions to Lord Lyons to propose a negotiation on the subject of the declara- tion of Paris, and that 1 had thereupon expressed the opinion that it would be well to leave it in your hands, in which opinion he fully concurred. Ex. Doc. 1 8 114 ANNUAL MESSAGE OF THE PEESIDENT. On my side, 1 am quite certain that the discussion which actually took place between us involved a wholly different class of topics of a very critical nature, and never touched upon the declaration of Paris, until it had exhausted itself on the others. It was by that time late, and I then opened the new subject by remarking that there would be no time to do more than to allude to it at this conference. I first mentioned the fact that 1 had instructions to propose a negotiation upon the disputed point of the Paris declarations, and the necessary powers to perfect an ag'reement, if her Majesty's government were disposed to enter into it. It was this proposal that elicited the explanations of his lordship as to what had been already done, and the expression of an opinion that the instructions sent to Lord Lyons were of such a kind as to make some agreement on your side so very likely as to render any treatment of the same matter here unadvisable; and it was then that I concurred in his opinion. As things now stand, perhaps this difference of recollection in the present instance may not be material. But there might be cases in which it would be of so much moment that I think hereafter I shall prefer, upon essential points, to conduct the affairs of this legation a little more in writing than I have heretofore thought necessary. At the hour appointed in his note, I waited upon his lordship for the first time, at his official residence in Downing street. After comparing our respective remembrance of the facts in dispute, I went on to repeat what I maintained I had at first proposed, to wit: that 1 was ready to negotiate if her Majesty's government were so disposed. To that end I had brought my powers, and also the project of a convention, copies of both of which papers I oflfered to leave with him. Ue remarked that at this stage it was not necessary to look at the powers. The other one he took and examined. The first remark which he made was that it was essentially the declaration of Paris. He had never known until now that the government of the United States were disp(jscd to accede to it. He was sure that I had never men- tioned it. To this 1 assented, but observed that the reason why I had not done so was that my government had directed me to make a preliminary inquiry, and that was to know whether her Majesty's ministers were dis- posed to enter into any negotiation at all. It was because of my under- standing his lordship to say that he preferred to leave the matter with Lord Lyons, that I had considered negotiation here to be declined. I had .also heard, through his lordship, of a proposition since made by Mr. Dayton on this subject to the French government, and which had been communicated to him, that led me to suppose the matter might be taking its shape at Paris. His lordship observed that Mr. Dayton's proposal was nothing more tiian a repetition of that made by Mr. Marcy, which they were not willing to accede to. I then said that Mr. Marcy's amendment was undoubtedly the first wish of my government. I also had instructions to press it, if there was th« smallest probability of success; but I understood that this matter had been definitively settled. His lordship signified his assent to this remark, and added that I might consider the proposition as inadmissible. He would therefore take the copy of the project of a convention which I had offered him, for the purpose of submitting it to the consideration of his colleagues in the cabinet, and let me know when he should be ready to meet again. In the course of conversation, I took the occasion to remark upon that passage of his lordship's note to me which related to the manner in which other states had signified their adherence to the declaration. I called his attention to the fact that, whatever might be the course elsewhere, the pe- culiar structure of our government required some distinct form of agree- ment or convention to be made with foreign States upon which the Senate could exercise their legitimate authority of confirmation or rejection. He ANNUAL MESSAGE OF THE PEESIDENT. 115 seemed at once to understand the force of this observation, and to assent to the necessity. Yet I foresaw at the time the difficulty in which it would place the British !2;overnment in its relations with the other parties to the convention at Paris. The reply of his lordship, this moment come to hand, a copy of which is herewith submitted, explains it fully, and leaves the matter in the same state of suspense that it was in before. Under these circumstances, and presuming it to be the wish of the Presi- dent that no time be lost, I shall write to Mr. Dayton, at Paris, to know whether he considers himself authorized to proceed to conclude a similar arrang-ement with the French government; if so, I shall try to go on with out waiting for further instructions; if hot, I shall hold myself ready to act here so soon as this difficulty shall have been removed elsewhere. I have tlie honor to be, sir, your obedient servant, CHARLES FPvAXCIS ADAMS. Hon. Wm. H. Seward, Secretary of Slate, Washington, D. C. Mr. Adams to Lord John Russell. Legation of the United States, London, July 11, 1861. My Lord: From the tenor of the last despatches received from the De- partment of State at Washington, I am led to suppose that there has been some misunderstanding in regard to the intentions of her Majesty's govern- ment respecting a proposal to negotiate upon the basis of the declaration of the congress held at Paris in 1856. In the first conversation which I had the honor to hold with your lordship, so long ago as the I8th of May last, in answer to an offer then made by myself, under instructions from ni}- gov- ernment, I certainly understood your lordship to say that the subject had already been committed to the care of Lord L^'ons, at Washington, with au- thority to accept the proposition of the government of the United States, adopting three articles of the declaration at Paris, and to drop the fourth altogether. For this reason jj-ou preferred not to enter into the question on this side of the water. I am now informed that Lord Lyons thinks his in- structions do not authorize him to enter into convention with the authorities at Washington, and am instructed to apprise her Majesty's government of the fact. Under these circumstances, I am directed once more to renew the propo- sition here, and to say that, if agreeable to your lordship, I am prepared to present to your consideration a project of a convention at any moment which it may be convenient to you to appoint. Seizing the occasion to renew the assurance of my highest consideration, I have the honor to be your lordship's most obedient servant, CHARLES FRANCIS ADAMS. The Right Honorable Lord John Russell, dbc., &c., &c. Lord John Russell to Mr. Adams. Foreign Office, July 13, 1861. Sir: I have just had the honor to receive your letter dated the 11th instant. In the first conversation I had the honor to hold with you, on the 18th of 116 ANNUAL MESSAGE OF THE PEESIDENT. May, I informed you that instructions had been sent to Lord Lyons to pro- pose to the government of the United States to adopt the second, third, and fourth articles of the declaration of Paris, dropping the first altogetlier. You informed me that you had instructions on the same subject; but I understood you to express an opinion, in which I fully concurred, that it would be well to leave the question in the hands of the Secretary of State at Washington. Lord Lyons had instructions to make an agreement with the government of the United States, but he had no express authority to sign a convention. The States who have adhered to the declaration of Paris have generally, if not invariably, done so by despatches or notes, and not by conventions. As, however, you have been instructed to present to her Majesty's gov- ernment, for consideration, a project of a convention, I shall be happy to see you at the foreign office at three o'clock to-day, for the purpose of receiving that project. I request you to receive the assurance of my highest consideration, and have the honor to be, sir, your most obedient servant. Charles Francis Adams, Esq., (be, &c., &c. J. RUSSELL. Lord John Russell to Mr. Adams. Foreign Office, July 18, 1861. Sir; Upon considering your propositions of Saturday last I have two remarks to make. First. The course hitherto followed has been a simple notification of adherence to the declaration of Paris by those states which were not originally parties to it. Secondly. The declaration of Paris was one embracing various powers, with a view to general concurrence upon questions of maritime law, and not an insulated engagement between two powers only. Her Majesty's government are willing to waive entirely any objection on the first of these heads, and to accept the form which the government of the United States prefers. With regard to the second, her Majesty's government are of opinion that they should be assured that the United States are ready to enter into a similar engagement with France, and with other maritime powers who are parties to the declaration of Paris, and do not purpose to make singly and separately a convention with Great Britain only. But as much time might be required for separate communications between the government of the United States and all the maritime powers who were parties to or have acceded to the declaration of Paris, her Majesty's govern- ment would deem themselves authorized to advise the Queen to conclude a convention on this subject with the President of the United States so soon as they shall have been informed that a similar convention has been agreed upon, and is read}' for signature, between the President of the United States and the Emperor of the French, so that the two conventions might be signed simultaneously and on the same day. I have the honor to be, with the highest consideration, sir, your most obedient, humble servant, J. RUSSELL. Ghaeles Francis Adams, Esq., &c., &c., &c. ANNUAL MESSAGE OF THE PEESIDENT. 117 Mr. Seward to Mr. Adams. No. 42.] Department of State, Washington, July 21, 1861. Sir: Your despatch of June 28, No. 10, has been received. I have already, in a previous communication, informed you that this gov- ernment has not been disturbed by the action of the British authorities in sending three regiments into Canada, nor by the announcement of the coming of British armed vessels into American waters. These movements are cer- tainly not very formidable in their proportions; and we willingly accept the explanation that they proceed from merely prudential motives. Doubtless it had been better if they had not been made. But what gov- ernment can say that it never acts precipitately, or even capriciously. On our part the possibility of foreign intervention, sooner or later, in this domestic disturbance is never absent from the thoughts of this government. We are, therefore, not likely to exaggerate indications of an emergency for which we hold ourselves bound to be in a measure always prepared. Another subject which, according to your report, was discussed in your late interview with Lord John Russell demands more extended remarks. I refer to the portion of your despatch which is in these words: " His lordship then said something about difficulties in New Grenada, and the intelligence that the insurgents there had passed a law to close their ports. But the law officers here told him that this could not be done as against foreign nations, except by the regular form of a blockade. He did not know what we thought about it; but he had observed that some such plan was said to be likely to be adopted at the coming meeting of Congress in regard to the ports of those whom we considered as insurgents." Much as I deprecate a reference in official communications of this kind to explanations made by ministers in Parliament, not always fully or accurately reported, and always liable to be perverted when applied to cases not con- sidered when the explanations are given, I nevertheless find it necessary, by way of elucidating the subject, to bring into this coiniexion the substance of a debate which is said to have taken place in the House of Commons on the 27th of June last, and whicli is as follows: Mr. H. Berkly asked the secretary of state for foreign affairs whether her Majesty's government recognized a notification given by Seuor Martin, min- ister plenipotentiary to this court from the Grenadian confederation, better known as the Republic of New Grenada, which announces a blockade of the ports of Rio Hacha, Santa Marta, Savanilla, Carthagena, and Zaporte, and which government did her Majesty's government recognize in the so-called Grenadian confederation. Lord John Russell said the question is one of considerable importance. The government of New Grenada has announced, not a blockade, but that certain ports of New Grenada are to be closed. The opinion of her Majesty's government, after taking legal advice, is, that it is perfectly competent for the government of a country in a state of tranquillity to say which ports shall be open to trade and which shall be closed; but in the event of insur- rection or civil war in that countr}', it is not competent for its government to close the ports that are de facto in the hands of the insurgents, as that would be an invasion of international law with regard to blockade. xVdmiral Milne, acting on instructions from her Majesty's government, has ordered the commanders of her Majesty's ships not to recognize the closing of their ports. Since your conversation with Lord John Russell, and also since the debate which I have extracted occurred, the Congress of the United States has by 118 ANNUAL MESSAGE OF THE PRESIDENT. law asserted the rig-ht of this g-overnment to close the ports in this country which have been seized by the insurgents. I send you herewith a copy of the enactment. The connecting- by Lord John Eussell of tliat measure when it was in prospect with what had taken place in regard to- a law of New Granada, gives to the remarks which he made to you a significance that requires no especial illustration. If the government of the United States should close their insurrectionary ports under the new statute, and Great Britain should, in pursuance of the intima- tion made, disregard the act, no one can suppose for a moment that the United States would acquiesce. When a conflict on such a question shall arrive between the United States and Great Britain, it is not easily to be seen what maritime nation could keep aloof from it. It must be confessed, therefore, that a new incident has occurred increasing the danger that what has hitherto been, and, as we think, ought to be, a merely domestic contro- versy of our own, may be enlarged into a general war among the great maritime nations. Hence the necessity for endeavoring to bring about a more perfect iniderstanding between the United States and Great Britain for the regulation of tlieir mutual relations than has yet been attained. In attempting that important object I may be allowed to begin by affirm- ing that the President deprecates, as much as any citizen of either country or any friend of humanity througliout the world can deprecate, the evil of foreign wars, to be superinduced, as he thinks unnecessarily, upon the painful civil conflict in which we are engaged for the purpose of defending and maintaining our national authority over our own disloyal citizens. I may add, also, for mj^self, that however otherwise I may at any time have been understood, it has been an earnest and profound solicitude to avert foreign war; that alone has prompted tlie emphatic and sometimes, perhaps, impassioned remonstrances I have hitherto made against any form or measure of recognition of the insurgents by the government of Great Britain. I write in the same spirit now; and I invoke on the part of the British government, as I propose to exercise on my own, the calmness which all counsellors ought to practise in debates which involve the peace and happiness of mankind. The United States and Great Britain have assumed incompatible, and thus far irreconcilable, positions on the subject of the existing insurrection. The United States claim and insist that the integrity of the republic is unbroken, and that their government is supreme so far as foreign nations are concerned, as well for war as for peace, over all the States, all sections, and all citizens, the loyal not more than the disloyal, the patriots and the insurgents alike. Consequently they insist that the British government shall in no way intervene in the insurrection, or hold commercial or other intercourse with the insurgents in derogation of the federal authority. The British government, without having first deliberately heard the claims of the United States, announced, through a proclamation of the Queen, that it took notice of the insurrection as a civil war so flagrant as to divide this country into two belligerent parties, of which the federal government con- stitutes one and the disloyal citizens the other; and consequently it inferred a right of Great Britain to stand in an attitude of neutrality between them. It is not my purpose at this time to vindicate the position of the United States, nor is it my purpose to attempt to show to the government of Great Britain that its position is indefensible. The question at issue concerns the United States primarily, and Great Britain only secondarily and incidentally. It is, as I have before said, a question of the integrity, which is nothing less than the life of the republic itself. The position which the government has taken has been dictated, there- ANNUAL MESSAGE OF THE PEESIDENT. 119 fore, b}' the law of self-preservation. No nation animated by lo^'al senti- ments and inspired by a generous ambition can even sufler itself to debate with parties within or without a policy of self-preservation. In assuming- this position and the policy resulting from it, we have done, as I think, just what Great Britain herself must, and therefore would do if a domestic in- surrection should attempt to detach Ireland, or Scotland, or England from the United Kingdom, while she would hear no argument nor enter into any debate upon the subject. Neither adverse opinions of theoretical writers, nor precedents drawn from the practice of other nations, or, even if they could be, from her own, would modify her course, which would be all the more vigorously followed if internal resistance should fortify itself with alliances throughout the world. This is exactly the case now with the United States. So, for obvious reasons, I refrain from argument to prove to the govern- ment of Great Britain the assumed error of the position it has avowed. First. Argument from a party that maintains itself to be absolutely right, and resolved in no case to change its convictions, becomes merely contro- versial. Secondly. Such argument would be only an indirect way of de- fending our own position, which is unchangeable. Thirdly. The position of Great Britain has been taken upon the assumption of a certain degree of probability of success b}' the insurgents in arms; and it must be sooner or later abandoned, as that probability shall diminish and ultimately ceaso, while in any case that circumstance does not afi'ect our position or the policy which we have adopted. It must, therefore, be left to Great Britain to do what we have done, namely, survey the entire field, with tlie conse- quences of her course deemed by us to be erroneous, and determine as those consequences develope themselves how long that course shall be pursued. While, however, thus waiving controversy on the main point, I am tempted by a sincere conviction that Great Britain really must desire, as we do, that the peace of the world may not be unnecessarily broken, to consider the attitude of the two powers, with a view to mutual forbearance, until reconciliation of conflicting systems shall have become in every event im- possible. The British government will. I think, admit that so soon as its unex- pected, and, as we regard it, injurious position assumed in the Queen's proclamation became known to us, we took some pains to avert premature or unnecessary collision, if it could be done without sacrificing any part of the sovereignty which we had determined in every event to defend. We promptly renewed the proposition which, fortunately for both parties, we had tendered before that proclamation was issued, to concede as one whole undivided sovereignty to Great Britain, as a friend, a'l the guarantees for her commerce that she might claim as a neutral from this government as one of her two imagined belligerents. It seemed to us that these two great and kindred nations might decline to be dogmatic, and act practically with a view to immediate peace and ultimate good understanding. So, on the other hand, it is my duty to admit, as I most frankly do, that the directions given by the British government that oar blockade shall be respected, and that favor or shelter shall be denied to insurgent privateers, together with the disallowance of the application of the insurgent commis- sioners, have given us good reason to expect that our complete sovereignty, though theoretically questioned in the Queen's proclamation, would be prac- tically respected. Lord Lyons, as you are aware, proposed to read to me a despatch which he had received from his government, affirming the position assumed in the Queen's proclamation, and deducing from that position claims as a neutral to guarantees of safety to British commerce less than those we had, as I have already stated, offered to her as a friend. I de- 120 ANNUAL MESSAGE OF THE PRESIDENT. clined, as you have been advised, to hear the communication, but neverthe- less renewed through you, as I consistently could, the offer of the greater guarantees before tendered. Tiie case then seemed to me to stand thus: The two nations had, indeed, failed to find a common ground or principle on which they could stand to- gether; but they had succeeded in reaching a perfect understanding of the nature and extent of their disagreement, and in finding a line of mutual, practical forbearance. It was under this aspect of the positions of the two governments that the President thought himself authorized to inform Con- gress on its coming together on the 4th of July instant, in extra session that the sovereignty of the United States was practically respected by all nations. Nothing has occurred to change this condition of affairs, unless it be the attitude which Lord John Russell has indicated for the British government in regard to an apprehended closing of the insurrectionar}^ ports, and the passage of the law of Congress which authorizes that measure in the dis- cretion of the President. It is my purpose not to anticipate or even indicate the decision which will be made, but simply to suggest to you what you may properly and advantageously say while the subject is under consideration. First. You will, of course, prevent misconception of the measure by stating that tho laAv only authorizes the President to close the ports in his discretion, ac- cording as he shall regard exigencies now existing or hereafter to arise. Secondly. The passage of the law, taken in connexion with attendant cir- cumstances, does not necessarily indicate a legislative conviction that the ports ought to be closed, but only shows the purpose of Congress that the closing of the ports, if it is now or shall become necessary, shall not fail for want of power explicitly conferred by law. When, on the 13th of April last, disloyal citizens defiantly inaugurated an armed insurrection by tlie bombardment of Fort Sumter, the President's constitutional obligation to suppress the insurrection became imperative. But the case was new, and had not been adequately provided for by ex- press law. The President called military and naval forces into activity, instituted a blockade, and incurred great expense, for all which no direct legal provisions existed. He convened Congress at the earliest possible day to coiifirm these measures, if they should see fit. Congress, when it came together, confronted these facts. It has employed itself less in directing how and in what way the Union shall be maintained, than in confirming what the President had already done, and in putting into his hands more ample means and greater power than he has exercised or asked. The law in question was passed in this generous and patriotic spirit. Whether it shall be put into execution to-day or to-morrow, or at what time, will depend on the condition of things at home and abroad, and a careful weighing of the advantages of so stringent a measure against those which are derived from the existing blockade. Thirdly. You may assure the British government that no change of policy now pursued, injuriously affecting foreign commerce, will be made from motives of aggression against nations which practically respect the sovereignty of the United States, or without due consideration of all the circumstances, foreign as well as domestic, bearing upon the question. The same spirit of ibrbearance towards foreign nations, arising from a desire to confine the calamities of the unhappy contest as much as possible, and to bring it to a close by the complete restoration of the authority of the gov- ANNUAL MESSAGE OF THE PEESIDENT. 121 ernment as speedily as possible, that have hitherto regulated the action of the government will continue to control its counsels. On the other hand, you will not leave it at all doubtful that the President fully adheres to the position that this government so early adopted, and which I have so continually throughout this controversy maintained; consequently he fully agrees with Congress in the principle of the law which authorizes him to close the ports which have been seized by the insurgents, and he will put into execution and maintain it with all the means at his command, at the hazard of whatever consequences, whenever it shall appear that the safety of the nation requires it. I cannot leave the subject without endeavoring once more, as I have so often done before, to induce the British government to realize the conviction which I have more than once expressed in this correspondence, that the policy of the government is one that is based on interests of the greatest importance, and sentiments of the highest virtue, and therefore is in no case likely to be changed, whatever ma}'- be the varying fortunes of the war at home or the action of foreign nations on this subject, while the policy of foreign States rests on ephemeral interests of commerce or of ambition . merely. The policy of these United States is not a creature of the govern- ment but an inspiration of the people, while the policies of foreign States are at the choice mainly of the governments presiding over them. If, through error, on whatever side this civil contention shall transcend the national bounds and involve foreign States, the energies of all commercial nations, including our own, will necessarily be turned to war, and a general carnival of the adventurous and the reckless of all countries, at the cost of the existing commerce of the world, must ensue. Beyond that painful scene upon the seas there lie, but dimly concealed from our vision, scenes of devastation and desolation which will leave no roots remaining out of which trade between the United States and Great Britain, as it has hitherto flourished, can ever again spring up. I am, sir, respectfully, your obedient servant, WILLIAM H. SEWARD. Mr. Adams to Mr. Seward. [Extracts.] No. 20,] Legation of the United States, London, July 26, 186L Sir: At the close of my despatch, No. 11, on the subject of my last conference with Lord John Russell, I mentioned my intention to write to Mr. Dayton, at Paris, to know whether he felt authorized to proceed in a simul- taneous negotiation on the subject of the declaration of the congress at Paris. I have now to report that I executed my purpose on the 19th instant. On the evening of the 24th I received a note from Mr. Dayton announcing his arrival in town and his wish to confer with me upon this matter. Yesterday morning I had the pleasure of a full and free conversation with him, in the course of which we carefully compared our respective instructions and the action taken under them. I am very glad he has taken the trouble to come over to see me, for I confess that I was a little embarrassed by not knowing the precise nature of his proposal to the French government at the time when I heard of it from Lord John Russell. Had I been informed of it I should perhaps have shaped my own course a little differently. So I doubt not that he would 122 ANNUAL MESSAGE OF THE PEESIDENT. have heeii pleased to know more exactly my own proceedings as well as the more specific character of my instructions. An hour's interview has had the effect to correct our impressions better than could have been accomplished by an elaborate correspondence. 1 can now perfectly understand as well as enter into the reasons which prompted his proposal of the declaration of Paris, connected as it was with the modification first suggested by Mr. Marcy. There can be no doubt that the attempt to secure such an extension of the application of the principle contained in the first point of that declaration was worth making, on the part of the new administration, particularly at a place where there was no reason to presume any disinclination to adopt it. Neither did the reply of Mr. Thouvenel entirely preclude the hope of ultimate success, so far as the disposition of France may be presumed. The obstacles, if any there are, must be inferred to have been thought to exist elsewhere. And an advance could be expected only when the efforts to remove them had been applied with eflFect in the proper quarter. It was, therefore, both natural and proper for Mr. Dayton, after having made his offer, and received such an answer, to wait patiently until it should become apparent that such efforts had been made, and made without success. There can be no doubt that the opposition to this modification centres here. Independently of the formal announcement of Lord Jolin Russell to me that the proposition was declined, I have, from other sources of informa- tion, some reason to believe that it springs from the tenacity of a class of influential persons, by their age and general affinities, averse to all sudden variations from established ideas. Such people are not to be carried away by novel reasoning, however forcible. VVe have cause to feel the presence of a similar power at home, though in a vastly reduced degree. All modifications of the public law, however beneficent, naturally meet with honest resistance in these quarters for a time. It is to be feared that this may have the effect of defeating, at this moment, the application of the noble doctrines of the declaration of Paris, in the full expansion of which they are susceptible. But to my mind the failure to reach that extreme point will not justify the United States in declining to accept the good which is actually within their grasp. The declaration of the leading powers of civilized Europe, made at Paris in 1856, engrafted upon the law of nations for the first time great principles for which the government of the United States had always contended against some of those powers, and down to that time had contended in vain. That great act was the virtual triumph of their policy all over the globe. It was the sacrifice, on the part of Great Britain, of notions she had ever before held to with the most unrelenting rigidity. It would therefore seem as if any reluctance to acknowledge this practical amount of benefit, obtained on the mere ground that something remained to require, was cal- culated only to wither the laurels gained by our victory. It would almost seem like a retrograde tendency to the barbarism of former ages. Surely it is not in the spirit of the reformed government in America to give countenance to any such impression. Whatever may have been the character of the policy in later years, the advent of another and a better power should be marked by a recurrence to the best doctrines ever proclaimed in the national history. And if it so happen that they are not now adopted by others to the exact extent that we would prefer, the obvious course of wisdom would seem to be to accept the good which can be ob- tained, and patiently to await another opportunity when a continuance of exertions in the same direction may enable us to secure everything that is left to be desired. I think that Mr. Dayton has waited only to be convinced that his proposed ANNUAL MESSAGE OF THE PRESIDENT. 123 modification cannot be secured before he acts upon the authority given him to accede to the declaration of Paris, pure and simple. On my part, I have apprised him of the answer made to me by Lord John Russell at our last conference. But he wishes some evidence upon which he can rely a little more securely than a report of conversation. And con- sidering the remarkable discrepancy in the recollection of the conferences with his lordship which has thus far taken place, I am not surprised. In order to meet this difficulty he has addressed to me a letter of inquiry, which I propose to answer. At the same time I design to address a letter to his lordship recapitulating the portion of his conversation that is in question, and informing him that, on the assumjolion that I understood him right, Mr. Dayton consents to proceed. This will, of course, render it neces- sary for him to explain himself, if the fact should be otherwise. Mr. Dayton will, of couise, communicate directly with the department as to the later measures which he may think proper to take. You will have been already informed by the newspapers of the changes which the ministry has undergone in consequence of the necessity imposed upon Lord Herbert by his failing health to retire from his post. As a con- sequence, Lord John Russell has been called to the House of Lords, though retaining his official station, and some shifting of other places has occurred. The only new appointment is that of Sir Robert Peel. * * * 5K * * ***.-(:>;<** * * * ;!;****** * * * ******* * * * ******* But I have not time at the close of this communication to enter into any speculations so intimately connected with a general view of the state of affairs in the other countries of Europe as well as in the United States. I shall therefore reserve what views I may have to submit on this subject to a future opportunity. I have the honor to be, sir, your obedient servant, CHARLES FRANCIS ADAMS. Hon. William H. Seward, Secretary of State, Washington, D. C. Mr. Seward to 3Ir. Adams. [Confidential ] No 46.] Department of State, Washington, July 26, 186L Sir: My despatch, No. 42, dated July 21, was delayed beyond the proper mail day by circumstances entirely beyond my control. I trust, however, that it will still be in time. Our army of the Potomac on Sunday last met a reverse equally severe and unexpected. For a day or two the panic which had produced the result was fullowed by a panic that seemed to threaten to demoralize the country. But that evil has ceased already. The result is already seen in a vigorous reconstruction upon a scale of greater magnitude and increased enthusiasm. It is not likely 'that anything will now be done here, hastily or inconsid- ei'ately, affecting our foreign relations. I am, sir, respectfully, your obedient servant, WILLIAM H. SEWARD. Charles Francis Adams, Esq., tf'C, d:c., &c. 124 ANNUAL MESSAGE OF THE PEESIDENT. Mr. Seward to Mr. Adams. [Confidential.] No. 49.] Department of State, Washington, July 29, 1861. Sir: Your despatch of July 12, 1861, No 14, has been received. Your proposition of making a distinct appeal to the British government on the subject of the issue between it and this government, upon the ques- tions so long discussed, is approved. We shall look with much interest for the answer of that government. You will hear of a reverse of our arms in Virginia. The exaggerations of the result have been as great as the public impatience, perhaps, which brought it about. But the aft'air will not produce any serious injary. The strength of the insurrection is not broken, but it is not formidable. The vigor of the government will be increased, and tlie ultimate result will be a triumph of the Constitution. Do not be misled by panic reports of danger apprehended for the capital. Some important points in your despatch will be treated of in another paper. I am, sir, respectfully, your obedient servant, WILLIAM H. SEWARD. Charles Francis Adams, Esq., d-c, &c., (i:c. Mr. Adams to Mr. Seward. No. 22.] Legation of the United States, London, August 2, 1861. Sir: I have the honor to transmit the copy of a note addressed by me, on the 29th of July last, to Lord John Russell, and likewise a copy of iiis lord- ship's reply. I must frankly admit that I do not understand the meaning of the last paragraph. I have transmitted a copy of his lordship's note to Mr. Dayton. I doubt not that it will be deemed by him so far satisfactory as to induce him to take the necessary measures for a simultaneous negotiation as soon as the customary arrangements with the French government can be made I have the honor to be, sir. your obedient servant, CHARLES FRANCIS ADAMS. Hon. Wm. H. Seward, Secretary of State, Washington, D. G. Legation of the United States, London, July 29, 1861. My Lord: I have the honor now to inform your lordship that, in conso- nance with the intention expressed in my note of the 19th instant, I have written to Mr. Dayton, at Paris, touching the extent of his powers to nego- tiate upon the same basis proposed by me to you, with the government of France, to which he is accredited. I have also to say that since the date of my writing I have had the pleasure to converse personally with him as well as to receive a letter from him in answer to my inquiiy. Mr. Dayton informs me that, some time since, he made a proposal to the French government to adopt the declaration of the congress of Paris in 1856, with an addition to the first clause, in substance the same with that ANNUAL MESSAGE OF THE PEESIDENT. 125 heretofore proposed by his predecessor, Mr. Mason, xmder instructions given by Mr. Marcy, then the Secretary of State of the United States. To that proposal he received an answer from the French minister of foreign afiairs, declining to consider the proposition, not for any objection entertained against it, but because it was a variation from the terms of the original agreement requiring a prior reference of it to the other parties to that con- vention. This answer does not, in his opinion, make the ultimate accept- ance of his addition impossible, and he does not feel as if he ought to aban- don the support of what he considers as so beneficent an amendment to the original plan until he has reason to despair of success. He has therefore requested to know of me whether I have reason to believe perseverance in this direction to be fruitless. For m}' part I entirely concur in the view entertained by Mr. Dayton of the value of this amendment. I also know so well the interest that my government takes in its adoption as to be sure that it would refuse to justify a further procedure on our part which was not based upon a reasonable certainty that success is not attainable, at least at the present moment. I have, therefore, ventured to state to Mr. Dayton n\y belief that I have that certainty. I have therefore mentioned to him, what I have likewise commu- nicated to the proper department of the government of the United States, the fact that in the last conference I had the honor to hold with your lord- ship, allusion having been made to the amendment of Mr. Dayton, I said that that amendment was und(jubtedl3^ the first wish of my government, and that I had instructions to press it if there was the smallest probability of success, but that I supposed this matter to have been already definitively acted upon. To which I understood your lordship to signify your assent, and to add that I. might consider the proposition as inadmissible. If I have made no mistake in reporting the substance of what passed between us, Mr. Dayton tells me he is satisfied, and expresses his readiness to proceed on the basis proposed by me to your lordship with the French government. But in order to remove all probability of misconception between him and myself, I have taken the liberty of recalling your lordship's attention to the matter before it may be too late. Should there have been any essential error of fact on the main point, I trust your lordship will do me the favor to set me right. Should it happen, on the contrary, that I am correct, I believe it will not be necessary to interpose any delay in the negotiation for further reference to the government of the United States. Mr. Dayton will take the necessary steps to apprise the government of the Emperor of the French of his inten- tion to accede to the declaration of Paris, pure and simple, and the negotia- tions may be carried on simultaneously in both countries as soon as the necessary arrangements can be perfected on the respective sides. However my government may regret that it has not been able to expand the application of the principles of the declaration of Paris to the extent which it deems desirable, it is too well convinced of the great value of the recognition actually given to those principles by the great powers of Europe in that act, longer to hesitate in giving in its cordial adhesion. But it ardently cherishes the hope that time and the favoring progress of correct opinion may before long bring about opportunities for additional develop- ments of the system they initiate, through the co-operation of all maritime nations of the earth, and most especially of one so enlightened and philan- thropic as Great Britain. Renewing the assurances of my highest consideration, I have the honor to be your lordship's most obedient servant, CHARLES FRANCIS ADAMS. The Right Hon. Lord John Russell, (&c., &c., (&c. 126 ANNUAL MESSAGE OF THE PRESIDENT. Foreign Office, July 31, 1861. Sir: I have had the honor to receive your letter of the 29th instant, in which you inform me that Mr. Dayton, some time since, made a proposal to the French government to adopt the declaration of the congress of Paris in 1856, with an addition to the first clause, in substance the same with that heretofore proposed by his predecessor, Mr. Mason, under instructions given by Mr. Marcy, then the Secretary of State of the United States. After giving an account of the reception given to that proposition by the French govern- ment, and the value attached to it by Mr. Dayton and yourself, you proceed to state that in a conversation with me you told me that the addition pro- posed was the first wish of your government, and that you had instructiens to press it if there was the smallest probability of success, but that you supposed this matter to have been already definitively acted upon. You represent me as signifying my assent, and adding that I considered the propo- sition as inadmissible. So far as I am concerned, this statement is perfectly correct. You go on to inform me that in the case of your statement being correct, Mr. Daj'ton will take the necessary steps to apprise the French government of his intention to accede to the declaration of Paris, ''pure and simple, and that the negotiations may be carried on simultaneously in both countries as soon as the necessary arrangements can be perfected on the respective sides." You will doubtless recollect that in my letter of tlic 18th instant, I stated that "her Majesty's government are of opinion that tliey should be assured that the United States are ready to enter into a similar engagement with France, and with the other maritime powers who are parties to the declara" tion of Paris, and do not propose to make simply and separately a conven- tion with Great Britain only." But as I agreed in the same letter to waive this assurance, and as I con- clude, in point of fact, tlie United States are willing to sign similar conven- tions with all the states parties to the declaration of Paris, I shall be ready to carry on tlie negotiations as soon as the necessary arrangements can be perfected m Loudon and Paris, so that the conventions may be signed simul- taneously at those two capitals. I need scarcely add that on the part of Great Britain the engagement will bo prospective, and will not invalidate anything already done. I have the honor to be, with the highest consideration, sir, your most obe- dient, humble servant, J. RUSSELL. Charles Francis Adams, Esq., dc, &c., &c. Mr. Seward to Mr. Adams. No. 55.] . Department of State, Washington, August 6, 1861. Sir: Your despatch, No. 17, of the date of July 19th, has been received. I entirely approve of the letter which you addressed to Lord John Russell, of the 11th, a copy of which accompanied that despatch, and I wait now with impatience, j'et not without some solicitude, for the action of the British gov- ernment upon our propositions which we so early sent forward in good faith, and which by such strange accidents have been so long in reaching the cabinet of Great Britain. I need hardly tell you that the same mail which conveyed our propositions ANNUAL MESSAGE OF THE PEESIDENT. 127 concerning" maritime rig-hts for the consideration of the British g'overnment, carried also propositions literally the same for the consideration of the French government, and that of every other maritime power in Europe. All those powers are understood to be awaiting' the action of the govern- ment of Great Britain. I am, sir, respectfully, your obedient servant, WILLIAM H. SE\YARD. Charles Fraxcis Adams, Esq., rfc, ANNUAL MESSAGE OF THE PRESIDENT. 181 Mr. Wm. R. Clark, acting master, was directed to proceed with all possible despatch and report to the senior commanding officer of the Gulf squadron for instructions. In addition to the above, I boarded ship Janico from Mobile, ship Carl and bark Mary from New Orleans, all loaded with cotton, and with registers indorsed; also ship Bramley Moore, from New Orleans, register not in- dorsed, but allowed her to proceed upon her voyage, as the time granted vessels to clear, according to the notification of blockade, had not expired. Very respectfully, MELANCTON SMITH, Commander. The Commanding Officer Gulf Squadron, Pensacola. [Indorsement by Captain Adams.] June 10, 1861. At the time the Perthshire was boarded from this ship and ordered off from Pensacola there was no blockade of Mobile or the Mississippi river. H. A. ADAMS, Captain U. S. Frigate " Sabine." Mr. Seward to Lord Lyons. Department of State, Washington, October 24, 1861. My Lord: Your letter of the 11th of October last, presenting the claim of Mr. William Gray, owner of the British ship " Perthshire," for damages incurred by the detention of that vessel by the blockading squadron of the United States, was referred by me to the Secretary of the Navy for informa- tion upon the subject. I have now received the answer of the Secretary of the Navy thereupon, which fails to show me that the detention of the Perthshire by Commander Smith, commanding the United States steamer Massachusetts, was warranted by law or by the President's proclamation instituting the blockade, although I am satisfied that that officer acted under a misapprehension of his duties, and not from any improper motive. It will belong to Congress to appropriate the sum of two hundred pounds, claimed by Gray, which sum seems to me not an unreasonable one. The President will ask Congress for that appro- priation as soon as they shall meet, and he will direct that such instructions shall be given to Commander Smith as will caution him against a repetition of the errors of which you have complained. I avail myself of this opportunity to renew to your lordship the assurance of my high consideration. WILLIAM H. SEWARD. The Right Hon. Lord Lyons, i^., ^c, Sfv. AUSTRIA Mr. Seward to Mr. Burlingame. [Extracts.] No. 2.] Department of State, Washington, April 13, 1861. Sir : It seems to me that our mission to Austria has not been made as useful hitherto as it ought to have been. I think, indeed, that it has generally been undervalued, The causes for this are manifest. We are a commercial people, and of course cultivate acquaintance first and chiefly with other commercial nations. Situated on a long Atlantic coast, and confronting on the opposite shore the commercial countries from whence our population was first and principally derived, we have naturally fallen into relations with them of the most intimate kind. Austria is distant, and it has never been a maritime nation. To go no further in the review of its history than 1815, the Austrian govei'nment has been that one of the great European powers which has maintained more studiously, firmly, and persistently than any other, the principles of unlimited monarchy, so opposite in their character to the principles upon which our own government has been established. Again, Austria is not an unique country with a homogeneous people. It is a combination of kingdoms, duchies, provinces, and countries, added to each other by force, and subjected to an imperial head, but remaining at the same time diverse, distinct, and discordant. The empire is therefore largely destitute of that element of nationality which is essential to the establish- ment of free intercourse with remote foreign States. This absence of nationality is observable in the Austrian emigration to the United States. We meet everywhere here, in town and country, Italians, Hungarians, Poles, Magyars, Jews, and Germans, who have come to us from that empire, but no one has ever seen a confessed Austrain among us. So when a traveller visits Austria ho passes through distinctly marked countries, whose people call themselves by manj' diflFerent names, but none of them indicative of their relation to the empire. Our representatives at Vienna seem generally to have come, after a short residence there, to the conclusion that there was nothing for them to do and little for them to learn. ***** The President expects that you will be diligent in obtaining not only information about political events, but also commercial and even scientific facts, and in reporting them to this department. Austria is an interesting field for improvement of that kind. Although Lombardy, with other Italian provinces, has recently been lost, yet the empire still has a population little inferior in number to our own ; and though there are some nations whose people are more mercurial, there is no one in the whole world whose inhab- itants are more industrious, frugal, cheerful, and comfortable ; none in which agriculture derives more wealth from hard soils and ungenial skies ; none where science, art, and taste mingle so perfectly with public and private economy. An undue portion of the country is mountainous. It has never- 184 ANNUAL MESSAGE OF THE PRESIDENT. theless a richness and variety of mineral and vegetable wealth unequalled in any other part of Europe. Many of its productions could, if introduced more freely, find a ready consumption here, while, on the other hand, we could supply Austria with materials and provisions which are now at greater cost received by her from other countries. Many of the Austrian productions and fabrics which we do receive come to us through the hands of merchants in other European States. The insignificance of our commerce with Austria results in a large degree from her policy of taxing exports as well as imports, and from monopolies, by which she labors to create a national system of navigation. The subject is one of great interest, and you can render an important service probably to both countries by applying yourself to an examination of it with a view to the negotiation of a more liberal treaty than the one now in force. Just now a pressure upon this department, incidental to the beginning of a new administration, renders it impossible for me to descend into the details which must be considered in this connexion. It is, however, a purpose of the President that the subject shall be thoroughly investigated, and you will in due time be fully instructed. In the meanwhile you are authorized to communicate his disposition in this respect to the government of his Imperial Koyal Majesty, and to ascertain, if possible, whether it would bo willing to enter into a revision of the commercial arranarements now existing between the two nations. The President is well aware that the government of Austria is naturally pre-occupied with political questions of great moment. It must be confessed, also, that painful events occurring among ourselves have a tendency to withdraw our thoughts from commercial subjects. But it is not to be doubted, in the first place, that political embarrassments would in both countries be essentially relieved by any improvement of their commerce which could be made; and, secondly, that the greater those embarrassments are the more merit there will be in surmounting them so far as may be necessary to effect that improvement. It certainly is not the intention of the President that the progress in material and social improvement which this country has been making through so many years shall be arrested or hindered unneces- sarily by the peculiar political trials to which it seems likely to be subjected during the term for which he has been called to conduct the administration of its affairs. There is a peculiar fitness in efforts at this time to enlarge our trade in the Mediterranean, for it is never wise to neglect advantages which can be secured with small expense, and near at home, while prosecuting at great cost, as we are doing, great enterprises in remoter parts of the world. I would not overlook Italy, Germany, and Hungary, while reaching forth for the trade of China and Japan. I shall allude to political affairs in Austria only so far as is necessary to enable me to indicate the policj^ which the President will pursue in regard to them. They present to us the aspect of an ancient and very influential power, oppressed with fiscal embarrassments, the legacy of long and ex- hausting wars, putting forth at one and the same time efforts for material improvement, and still mightier ones to protect its imperfectly combined dominion from dismemberment and disintegration, seriously menaced from without, aided by strong and intense popular passions within. With these questions the government of the United States has and can have no concern. In the intercourse of nations each must be assumed by every other to choose and will what it maintains, tolerates, or allows. Any other than a course of neutrality would tend to keep human society continually embroiled in wars, and render national independence everywhere practically impossible. ANNUAL MESSAGE OF THE PRESIDENT. 185 No institutions which can be established in a country through foreign inter- vention can give to it security or other advantages equal to those which are afforded by the system it establishes or permits for itself; while every nation must be regarded as a moral person, and so amenable to the public opinion of mankind, that opinion can carry its decrees into effect only by peaceful means and influences. These principles, hitherto practiced by the United States with great impartiality, furnish rules for the conduct of their repre- sentatives abroad, and especially for your own in the critical condition of political affairs in the country to which you are accredited. This intimation is given so distinctly because an observance of it is pe- culiarly important in the present condition of our domestic affairs. We are just entering on a fearful trial, hitherto not only unknown, but even deemed impossible by all who have not been supposed to regard the career of our country, even under auspicious indications, with morbid distrust. Ambitious and discontented partisans have raised the standard of insur- rection and organized in form a revolutionary government. Their agents have gone abroad to seek, under the name of recognition, aid and assistance. In this case imprudence on our part in our intercourse with foreign nations might provoke injurious, possibly dangerous, retaliation. The President does not by any means apprehend that the imperial royal government at Vienna will be inclined to listen to those overtures. The habitual forbearance of his Majesty, the friendship which happily has always existed between the two countries, and the prudence which the government of the former has so long practiced in regard to political affairs on this con- tinent, foi'bid any such apprehension. Should our confidence in this respect, however, prove to be erroneous, the remarks which I shall have occasion to make with a different view in this paper will furnish you with the grounds on which to stand while resisting and opposing any such application of the so-called Confederate States of America. Vienna, as you are very well aware, is a political centre in continental Europe. You may expect to meet agents of disunion there seeking to mould public opinion for effect elsewhere. I will not detain you with a history of that reckless movement, or with details of the President's policy in regard to it. Your experience as a prom- inent member of Congress has already furnished the former. The inaugural address of the President, with despatches to your predecessor, will be found in the archives of the legation, and will supply the latter. Certainly I shall not need to anticipate and controvert any complaints of injustice, oppression, or wrong, which those agents may prefer against their country before foreign tribunals. Practically, the discontented party itself administered this government from the earliest day when sedition began its incubation until the insurgents had risen and organized their new pro- visional and revolutionary government. Never, in the history of the human race, has revolution been so altogether without cause, or met with forbear- ance, patience, and gentleness so long. Nor shall I notice particularly the apprehensions of future injustice and oppression which, in the absence of real cause, are put forth as grouuds for the insurrection. The revolutionists will find it very hard to make any European sovereign, or even any European subject, understand what better or further guarantee they could have of all their rights of person and property than those which are written in the Constitution of the United States, and which have never been by the government of the United States broken or vio- lated either in letter or in spirit. They will find it quite as difficult to make either a European sovereign or subject understand how they can rea- 186 ANNUAL MESSAGE OF THE PEESIDENT. sonably expect to improve their political security by organizing a new- government under a constitution containing substantially the same provi- sions as the one they seek to overthrow. There is reason to apprehend that the form of argument which the agents alluded to will chiefly employ will be an assumption that the independence and sovereignty of the new and irregular authority they represent is already de facto established. If this were true, still you could reply that no public interest of other States, nor even any such interest of the new confederacy itself could suffer by a delay allowing sufficient time for the government of the United States, fully consulting the people, to acknowledge in the first instance the inde- pendence so claimed to have been established. The United States have a right to require such delay from all friendly powers, and a refusal of it would be an act offensive to their dignity and manifestly hostile. There is not the least ground to assume that the government of the United States would act otherwise than wisely, discreetly, and humanely, when it should come to act in such a case. Individual caprice finds no place in a govern- ment so entirely popular as ours, and partisan excitement sinks in great national emergencies here before the calm considerate judgment of the American people pronouncing upon considerations exclusively of their own security, freedom, and happiness. They would, indeed, regard the effectual dismemberment of the Union as fatal to the highest hopes which humanity has ever, with apparent reason, indulged. But they are not visionary nor impracticable, and they will not lack even the magnanimity to accept the fact of their ruin, and govern themselves in conformity with it, before other nations fraternally disposed need to intervene to reconcile them, or, if un- friendly, to profit by that last calamity. At all events foreign governments may be expected to consult their own interests and welfare in regard to the subject in question, even though in- diff"erent to the rights and interests of the United States. A premature declaration of recognition by any foreign State would be direct intervention, and the State which should lend it must be prepared to assume the relations of an ally of the projected confederacy and employ force to render the recog- nition effectual. But, in point of fact, the assumption that the new confederacy has established its sovereignty and independence is altogether unfounded. It was projected, or favored, by the late administration during the four months that it remained in power after the election, which constituted practically an interregnum. The new administration, now only forty days old, has practiced forbearance and conciliation, relying hitherto, as it will hereafter rely, on the virtue and patriotism of the people to rescue the country and the Union from danger by peaceful and constitutional means, and content to maintain the authority and defend the positions which came into its hands on the fourth of March last, without employing coercion, so unnatural, and, as it has hitherto believed and still believes, so unnecessary for the national security, integrity, and welfare. The so-called confederacy has yet to secure its sovereignty either by war or by peace. If it shall, as now seems probable, have determined on war, it has only just thrown down the challenge. It must not assume that a nation so sound, so vigorous, and so strong as this, although it may for- bear long, will not accept such a challenge Avhen there is no alternative. The government of the so-called Confederate States have still greater perils to incur if they are to establish their separation by the acts and pro- cesses proper for peace. They will have at some time to refer themselves and all their action to an intelligent people, who will then have had time to reflect and to inquire what all this revolution is for, and what good it ANNUAL MESSAGE OF THE PRESIDENT. 187 can produce. They will have to satisfy that people and mankind that a republican g'overnment can be stable and permanent which is built on the principle that a minority, when defeated in the popular elections, may appeal to arms, and that a confederacy can be relied upon by creditors or nations that admits the right of each of its members to withdraw from it and cast off its obligations at pleasure. I have treated the subject as if it were a question of war or of peace in the election of the insurrectionists. But, in truth, both the justice and the wisdom of the war must in the end be settled, as all questions which concern the American people must be determined, not by arms, but by suffrage. When, at last, the ballot is to be employed after the sword, then, in addition to the pregnant questions I have indicated, two further ones will arise requiring to be answered, namely, which party began the conflict, and which maintained in that conflict the cause of freedom and humanity. The agents of the projected confederacy have hitherto affected to under- value the power which the Union can exercise for self-preservation, and they may attempt to mislead foreign States on this subject. It is true that the government was powerless to resist them so long as it was practically in their own hands and managed to favor their designs. Its executive depart- ment was panic-stricken, its legislature divided and distracted, its army demoralized and betrayed, its fortifications virtually surrendered, its navy dispersed, and its credit prostrated. Even the people themselves were bewildered by the sudden appearance of su3h unlooked-for and appalling dangers. All ibis demoralization is passing away as rapidly as it came on; and it will soon appear in this, as in all other cases, that the greatest vigor is found combined with the greatest power of elasticity. It will be deeply to be regretted if the energy of this great government is to have its first serious trial in a civil war, instead of one against a foreign foe. But if that trial cannot be averted, it will be seen that resources prudently left unem- barrassed are more available than credit in foreign markets; that the loyalty of a brave and free people is more reliable than standing armies ; that a good cause is worth more than allies, and self-defence is an attribute stronger than fortresses. Its assailants will have to defend themselves before an enlight- ened people, and even before other nations, at least so far as to show one State that the federal Union has actually oppressed or menaced, or one citizen who fared the worse for having lived under its authority. The agents of the new confederacy it is supposed will ofier more favorable conditions to foreign commerce than the United States have thought it wise to afford. Such offers may be met with a few direct propositions. The sagacity of the federal government is not likely to be found long at fault in giving such advantages to the insurrectionists. In the second place, how is a revolution to be carried on without taxes ? Are the so-called seceding States abler than their sister States to endure direct taxation, or will faction reconcile men to burdens that patriotism finds intolerable ? It will be well for the so-called confederacy if, instead of making good the promises in this respect made in its name, it do not find itself obliged to levy duties as large as those of the federal government on imports, and to add to its revenue system, what that government never has done, the ruinous feature of taxa- tion upon exports. It is easily seen how little such a financial policy will commend the new government to the favor of European politicians and capitalists. But I must draw these instructions to a close. You will on all occasions represent that the interests of Europe and of mankind demand peace, and especially peace on this continent. The Union is the only guarantee of peace. Intervention would be war, and disunion would be only endless war. 188 ANNUAL MESSAGE OF THE PEESIDENT. The Union is, moreover, the chief security for the stability of nations. When this experiment of self-government shall have failed for want of wisdom and virtue enough, either at home or abroad, to preserve it or permit it to exist, the people of other countries may well despair and lose the patience they have practiced so long under different systems in the expectation that the influence it was slowly exercising would ultimately bring them to the enjoyment of the rights of self-government. When that patience disappears, anarchy must come upon the earth, I am, sir, your obedient servant, WILLIAM H. SEWARD. Akson Burlingame, Esq., dc, &c., &c. Mr. Jones to Mr. Seward. [Extract.] No. 20.] Legation of the United States, Vienna, April 15, 1861. Sir: I have the honor to acknowledge the receipt of your circular, dated the 9th of March, 1861. I presented the copy of the inaugural address of the President to Count Rechberg on the 8th day of April, and at the same time verbally communi- cated, in accordance with the instructions contained in said despatch, the views and opinions of my government on the present disturbed condition of its domestic affairs, and the aspect in which it wished them to be regarded by the government of Austria. He replied that Austria hoped to see us re-united. That she was not in- clined to recognize de facto governments anywhere; her opinions had been made, however, and her minister and consuls in America instructed fully on the subject; that no application had yet been made to Austria for recogni- tion as an independent sovereignty, by any portion of the confederacy of the United States, and he was of opinion that, as the views of Austria would soon be known on the subject, no such application would be made. Should it be otherwise, however, he would notify this legation and the subject could be resumed. Very respectfully, your obedient servant, J. GLANCY JONES. Hon. William H. Seward, Secretary of State, Washington. Mr. Jones to Mr. Seivard. No. 22.] Legation of the United States, Vienna, July 20, 1861. Sir: A few days since Count Eechberg, the imperial royal minister of foreign affairs, was interrogated in the house of deputies of the Austrian empire on the subject of the course pursued, or about to be pursued, by the imperial royal government in relation to American affairs in the present complication. The report of his remarks is as follows: ANNUAL MESSAGE OF THE PRESIDENT. 189 Count Rcchberg rose to answer the question, " What measures has the government taken to protect its commercial relations with the United States of North America, under the warlike condition of things now existing there," put by Mr. Putzer and his associates. He said: "The minister of foreign affairs has, in connexion with the ministers of trade and the navy, caused information to be obtained through the imperial minister resident at Wash- ington as to the measures which other governments have taken for the same reason. The answer received was, that England and France, as well as Holland, had strengthened their squadrons in the American waters, and had endeavored to bring the belligerent powers to the recognition of those prin- ciples, especially relating to tlie protection of private property, which were agreed upon at the congress of Paris in 1856. The imperial government has, for the present, abstained from sending ships-of-war, and has directed the minister resident to obtain from the belligerent powers the recognition of the following points established by the said congress: " 1. The neutral flag covers enemy's goods, with the exception of contra- band of war. " 2. Neutral goods, with the exception of contraband of war, are not liable to capture under enemy's flag. "3. Blockades, in order to be binding, must be effective; that is to say, maintained by a force sufficient really to prevent access to the coast of the enemy. " The government hopes, on account of the friendly relations which have existed between it and the American States for years, to obtain the recogni- tion of these three points on the part of the belligerents." In an interview with Count Rechberg a day or two ago, he expressed to me a hope that the answer might be deemed satisfactory to my government, as it was his wish to make it so. I replied that, so far as I was advised, no exception could be taken to his language, but that I should transmit to my government both the question and answer, and if they had anything to say they would make it known to him through their minister here. He repeated his strong desire to see the integrity of the Union preserved in America, and said Austria was anxious to cultivate the most friendly relations with us, and would be the last to aid or abet any movement looking to the disruption of our confederacy, or weakening its power. Very respectfully, your obedient servant, J. GLANCY JONES. Hon. William H. Seward, Secretary of State, Washington. Mr. H'ulsemann to Mr. Seward. Austrian Legatiox, Washington, August 1, 1861. The undersigned, in pursuance of the understanding come to this morning, has the honor to transmit to the honorable Secretary of State a copy of the instructions received from Count Rechberg concerning the maritime rights of neutrals in time of war; and he takes this opportunity to renew his offer of high consideration to the honorable Secretary of State HULSEMANN Hon. William H. Seward, Secretary of State of the United States. 190 AlWUAL MESSAGE OF THE PEESIDENT. Baron Jlechberg to Mr. Eulsemann. [Translation.] No. 6993.— H.] Vienna, July 1, 1861. Sir: With deep regret we continue to follow events in the United States which, shaking the foundations of the Union, have effectively taken the character of an active warfare between powers; whence it has ensued that friendly nations, for the protection of their own commerce and navigation, are placed reluctantly in such position that they must reclaim their rights as neutrals. You already know by my despatch of 14th June of last year what princi- ples of international law bearing upon the questions of maritime rights in time of war we relied upon as between us and the government of the Union, whether under the provisions of old treaties, or under more recent arrange- ments; inasmuch as we have given our adhesion to the Paris declaration of maritime rights in 1856, as tending to improve the heretofore ill-advised mode of dealing with the political fluctuations that lie before us. Albeit the government of the Union did not explicitly and at once accept, upon the first invitation, the declaration of the European powers, yet we still entertain an earnest expectation that such subsequent express assent may be given, as the abrogation of all hindrance to the security of private property on the seas was established on the broadest grounds. By a proposal which, unfortunately, was not accepted on the other side, we, however, as you know, were always ready and willing to sustain the principle. We await, however, in friendly expectation, at least, the express recogni- tion of the second, third, and fourth principles of the Paris declaration on the part of the United States quite distinctly from that, because the govern- ment of the Union, on different occasions, has not only plainly expressed these principles in manner more or less forcible, but has upon its own motion set them forth and explicitly maintained them. We therefore rest securely in the belief that we may soon receive a satis- factory communication upon this subject, and that under the high authority of the President, administering the relations of his government, the above mentioned three principles will be authentically asserted by the United States. But you also have it in express charge to invite the earnest atten- tion of the Secretary of State to the matter, and to take the same steps as we see reason to adopt with the other European powers in what may be regarded as definitively settled. You will, I hope, carry this important question through to a favorable close, and I present you the assurances of my cordial sympathies. RECHBERG. His Excellency the Chevalier Hulsemann, Sfc, Sfc, Sfc, Washington. Mr. Seward to Mr. Hulsemann. * Department of State, Washington, August 22, 1861. The undersigned, the Secretary of State of the United States, has the honor to acknowledge the receipt of a communication from Mr. Hulsemann, ANNUAL MESSAGE OF THE PEESIDENT. 191 minister resident of his imperial royal Majesty the Emperor of Austria, bearing- date tth August, instant. Mr. Hiilseraann's letter is accompanied by an instruction sent to him by Count Kechborg, the Austrian minister for foreign affairs, calling for information on the subject of the views of this government concerning the rights of neutrals in maritime war. Count Ilechberg expresses a hope that the government of the United States will give assurances that it adopts and will apply the 2d, 3d, and 4th principles of the declaration of Paris, viz: 2. The neutral flag covers enemy's goods, with the exception of contra- band of war. 3. Neutral goods, with the exception of contraband of war, are not liable to capture under enemy's flag. 4. Blockades, in order to be binding, must be efiective; that is to say, maintained by a force sufficient really to prevent access to the coast of the enemy. The undersigned has great pleasure in assuring Mr. Hiilsemann that this government does adopt, and that it will apply the principles thus recited and set forth, and that its liberal views in this respect have not only been long held, but they would have been formally communicated to the Austrian government several months ago but for the delay which has unavoidably occurred in the arrival of a newly appointed minister plenipotentiary at Vienna. Of course the principles referred to are understood by the United States as not compromitting their right to close any of their own ports for the purpose of suppressing the existing insurrection in certain of the States, either directly or in the more lenient and equitable form of blockade which has already for some time been established. Mr. Motley, who proceeds immediately to Vienna as envoy extraordinary and minister plenipotentiary of the United States, will be directly advised of this communication, while he will be charged with more ample instruc- tions on the general subject involved. The undersigned avails himself of this occasion to tender assurances of the good will of this government towards the government of Austria, and of his distinguished consideration for Mr. Hiilsemann personally. WILLIAM H. SEWARD. The Chevalier Hulsemanx, ^., ^c, Sfc. Mr. Seward to Mr. Jones. No. 14. J Departsient of State, Washington, August 12, 1861. Sir: Your despatch of the 20th of July, No. 22, has just been received. Owing to the change of Mr. Burlingame's destination, the instructions he conveyed have failed to reach your legation. A new appointment has just now been made in the person of Mr. Motley, v/ho will, without much delay, proceed to relieve you of the mission which you have conducted so satis- factorily during the period of my connexion with this department. Mr. Motley will have full powers to treat with the government of Austria on all the matters discussed by Count Rechberg in the speech to which, by his direction, you have called my attention, and I am sure that they will be disposed of to the entire satisfaction of Austria, as well as for the common advantage of both countries. 192 ANNUAL MESSAGE OF THE PRESIDENT. In the meantime, however, you are authorized to say to Count Rechberg that the United States adhere now, as heretofore, to the three principles enunciated by him in that speech, namely: 1. The neutral flag covers enemy's goods, with the exception of contra- band of war. 2. Neutral goods, not contraband of war, are not liable to confiscation under enemy's flag. 3. Blockades, in order to be binding, must be efiective. Of course these principles are understood by us as not compromitting our right to close any of our own ports for the purpose of suppressing the exist- ing insurrection, either directl}-- or in the more lenient and equitable form of blockade which we have already some time since established. You will not fail to assure the imperial royal government that the Presi- dent had received with great satisfaction the assurances of the just pur- poses and good will of Austria towards the United States, communicated by Count Rechberg to yourself, and repeated by Mr. Hiilseniann, the minister of Austria residing at this capital. It shall be our purpose to cultivate the best understanding with all nations which respect our rights as Austria does. I am, sir, respectfully, your obedient servant, WILLIAM H. SEWARD. J. Glancy Jones, Esq., &fc., SfC, !fc. Mr. Seward to Mr. Motley. No. 2.] Department of State, Washington, August 27, 186L Sir: The despatch of your predecessor, Mr. Jones, No. 23, dated August 6, has been received and read with much interest. It relates, however, exclusively to the affairs of Austria, and does not seem to require any special remark from me at the present moment, when the attention of this department is so largely engrossed by the concerns of our own country at home as well as in foreign countries. Should Mr. Jones be still remaining at Vienna when this communication arrives, you will express to him the entire satisfaction with which his con- duct of the legation since it has fallen under the review of the present administration is regarded by the government of the United States. I am, sir, respectfully, your obedient servant, WILLIAM H. SEWARD. J. Lothrop Motley, Esq., SfC, Sfc, Vienna. Mr. Seward to Mr. Molley. No. 4.] Department of State, Washington, September 20, 1861. Sir: The despatch, No. 24, of your predecessor, Mr. Jones, under date of August, has been received. I send you a copy of my la>test instructions to Mr. Adams and Mr. Dayton on the subject of the proposed accession to the declaration of the congress at Paris. You will learn from these papers that the negotiations for that object Avith the governments of Great Britain and ANNUAL MESSAGE OF THE PRESIDENT. 193 France have been arrested, as well as the manner of suspension, and the reasons for it. You will already have discovered for yourself that this sus- pension of the negotiation with those two powers must operate, to a certain extent, upon the dispositions in the same respect of other European States, although it does not at all modify the views of this government. So far as sucli other European powers are concerned, all that remains to be said is, that acting in good faith we will cheerfullj^ enter into convention with any State that may desire to receive our accession at this time, and that we shall not, at present, urge our proposition on those States which, for any reason of their own, may propose to await a more convenient season. You will inform Count Rechberg that the friendly sentiments of this gov- ernment towards Austria remain unchanged. T am, sir, your obedient servant, WILLIAM H. SEWARD. J. LoTHROP Motley, Esq., S^:., &f?., SfC., Vienna. Ex. Doc. 1 13 i FRAKCE. Mr. Seward to Mr. Dayton. No. 3.] Depaktment of State, Washington, April 22, 1861. Slr: Yon enter a very important foreign mission at a moment when our domestic affairs have reached a crisis which awakens deep solicitude. Throughout a period of eighty years law and order have prevailed, and in- ternal peace and tranquillity have been undisturbed. Five months ago sedition showed itself openly in several of the southern States, and it has acted ever since that time with boldness, skill, and energ3^ An insurrec- tionary government, embracing seven members of this Union, has been pro- claimed under the name of the Confederate States of America. That pretended authority, by means chiefly of surprise, easily seen here to have been unavoidable, although liable to be misunderstood abroad, has possessed itself of a navy yard, several fortifications and arsenals, and considerable quantities of arms, ordnance, and military stores. On the 12th of April, instant, its forces commenced an attack upon, and ultimately carried, Fort Sumter, against the brave and heroic resistance of a diminutive garrison, which had been, through the neglect of the former administration, left in a condition to prevent supplies and re-enforcements. Owing to the very peculiar construction of our system, the late adminis- tration. Congress, and every other department of the federal government, including the army and the navy, contained agents, abettors, and sympa- thizers in this insurrection. The federal authorities thus became inefficient, while large portions of the people were bewildered by the suddenness of the appearance of disunion, by apprehension that needless resistance might aggravate and precipitate the movement, and by political affinities with those engaged in it. The project of dismembering the Union doubtless has some support in commercial and political ambition. But it is chiefly based upon a local, though widely extended partisan disappointment in the result of the recent election of President of the United States. It acquired strength for a time from its assumed character of legitimate opposition to a successful party, while, on the other hand, that party could not all at once accept the fact that an administrative political issue had given place to one which involved the very existence of the government and of the Union. These embarrassments are passing away so rapidly as to indicate that far the greater mass of the people remain loyal as heretofore. The President improved the temporary misfortune of the fall of Fort Sumter by calling on the militia of the States to re-enforce the federal army, and summoning Congress for its counsel and aid in the emergency. On the other hand, the insurrectionists have met those measures with an invitation to privateers from all lands to come forth and con;imit depredations on the commerce of the country. To take care that the government of his Majesty the Emperor of France do not misunderstand our position, and through that misunderstanding do 196 ANNUAL MESSAGE OF THE PEESIDENT. US some possible wrong, is the chief duty which you will have to perform at Paris. It would have been gratifying to the President if the movements to which I have alluded had taken such a course as to leave this government free from the necessity in any event of conferring upon them in the presence of foreign powers. In this age of social development, however, isolation even in misfortune is impossible, and every attempt at revolution in one country becomes a subject of discussion in every other. The agitators in this case have, perhaps, not unnaturally carried their bad cause before foreign states by an appeal for recognition of the independence they have proclaimed, and which they are committed to establish by arms. Prudence requires that we oppose that appeal. The President believes that you will be able to do this in such a manner as will at once comport with the high consideration for his Imperial Majesty which this government habitually entertains, and a due sense of the dignity and honor of the American people. The Emperor of France has given abundant proofs that he considers the people in every country the rightful source of all authority, and that its only legitimate objects are their safety, freedom, and welfare. He is versed in our Constitution, and, tlierefore, he will not need demonstration that the system which is established by the Constitution is founded strictly on those very principles. You will be at no loss to show also that it is perfectly adapted to the physical condition and the temper, spirit, and habits of the American people. In all its essential features it is the same S3^stem which was first built, and has since existed with ever renewed popular consent in this part of America. The people of this country have always enjoyed the personal rights guaranteed by the great statutes of British freedom, repre- sentation concurrent with taxation, jury trial, liberty of conscience, equality before the laws, and popular suffrage. The element of federation or union was early developed while the colonies were under the authority of, and during their revolutionary contest with, the British Crown, and was perfected afterwards by the establishment of the Constitution of the United States. Practically it has been voluntarily accepted by every State, Territory, and individual citizen of the United States. The working of the system has been completely successful, while not one square mile of domain that we at any time had occupied has ever been lost to us. We have extended our jurisdiction from the St. Marj^'s river to the Rio Grande, on the Gulf of Mexico, and in a wide belt from the Mississippi to the Pacific ocean. Our population has swollen from four millions to thirty-one millions. The num- ber of our States has increased from thirteen to thirty-four. Our country has risen from insignificance to be the second in the world. Leaving out of view unimportant local instances of conflict, we have had only two foreign wars, and the aggregate duration of them was less than five years. Not one human life has hitherto been forfeited for disloyalty to the government, nor has martial law ever been established except temporarily in case of invasion. No other people have ever enjoyed so much immunity from the various forms of political casualties and calamities. ^ While there is not now, even in the midst of the gathering excitement of civil war, one American who declares his dissent from the principles of the Constitution, that great charter of federal authority has won the approba- tion of the civilized world. Many nations have taken it as a model, and almost every other one has in some degree conformed its institutions to the principles of this Constitution. The empire of France, and the new kingdom of Italy especially, are built on the same broad foundation with that of this federal republic, namely, universal suffrage. Surely we cannot err in assuming that a system of government which arose out of the free consent of the people of this country, which has been ANNUAL MESSAGE OF THE PRESIDENT. 197 often reconsidered and yet continually upheld in preference to every other throughout a period of two hundred years, which has commanded the accept- ance or the approval of all other nations, and to the principles of which even those who attempt to overthrow it adhere in the very heat of insurrec- tion, must be regarded as one which is not only well adapted to the condi- tion and character of the American people, but is even indispensable and inseparable from their national existence. Should it be answered that while all this has heretofore seemed true, yet that it is now disproved by the existing insurrection, you may truthfully repl}' that we must wait for that refutation until we see the end of the in- surrection; that the insurrection proves in fact nothing else except that eighty years of peace is as much as human nature has the moderation to endure under circumstances the most conducive to moderation. The attempted revolution is sirapl}' causeless. It is, indeed, equally without a reason and without an object. Confessedly there is neither reason nor object, unless it be one arising out of the subject of slavery. The practice of slavery has been so long a theme of angry political debate, while it has all the time been, as it yet is, a domestic concern, that I approach it with deep regret in a communication which relates to the action of a repre- sentative of this government abroad. I refrain from any observation what- ever concerning the morality or the immorality, the economy or the waste, the social or the unsocial aspects of slavery, and confine myself, by direc- tion of the President, strictl}^ to the point that the attempt at revolution on account of it is, as I have already said, without reason and without object. Slavery of persons of African derivation existed practically within all the European colonies which, as States, now constitute the United States of America. The framers of our government accepted that fact, and with it the ideas concerning it which were then gaining ground throughout the civilized world. They expected and desired that it should ultimately cease, and with that view authorized Congress to prohibit the foreign slave trade after 1808. They did not expect that the practice of African slavery should be abruptly terminated to the prejudice of the peace and the economy of the country. Thej^ therefore placed the entire control of slavery, as it was then existing, beyond the control of the federal authorities, by leaving it to remain subject to the exclusive management and disposition of the several States themselves, and fortified it there with a provision for the return of fugitives from labor and service, and another securing an allowance of three- fifths of such persons in fixing the basis of direct taxation and representa- tion. The legislators of that day took notice of the existence of a vast and nearly unoccupied region lying between the western borders of the Atlantic States and the Mississippi river. A few slaves were found in the south- west, and none in the northwest. They left the matter in the southwest to the discretion of the new States to be formed there, and prohibited the practice of slavery in the northwestern region forever. Economical, moral, and political causes have subsequently modified the sentiments of that age differently in the two sections. Long ago slavery was prohibited by all the northern States, and, on the contrary, the increased production of cotton has resulted in fortifying the institution of slavery in the southern States. The accretions of domain, by purchase from Spain, France, and Mexico, brought regions in which slavery had either a very slight foothold, or none at all; and this new domain, as it should come under occupation, was to be constituted into new States, which must be either free States or slave States. The original States divided according to their own divers practices — the free States seeking so to direct federal legisla- tion and action as to result in multiplying free States, and the slave States so to direct them as to multiply slave States. The interest became more 198 AJST^UAL MESSAGE OF THE PRESIDENT. intense because the several States have equal representation in the Senate of the United States. This controversy soon disclosed itself in the popular elections, and more distinctly than ever before in the recent canvass, which resulted in the accession of the present administration. It is now to be observed that, from the earliest agitation of the subject until that last election, the decisions of the people were practically favor- able to the interest of the class which favored the extension of slavery, and yet their opponents always acquiesced. Under these circumstances the executive administration, the national legislature, and the judiciary, were for practical purposes in the hands of that party, and the laws, with the ad- ministration and execution of them, conformed to their own policy. The opposite class prevailed in the late election so far as to bring in the Presi- dent and Vice-President, the citizens they had preferred, but no further — Congress and the judiciary remained under the same bias as before. The new President could not assume his trust until the fourth of March, 18G1, and even after that time, as before, the laws and the execution of them must remain unchanged. He could not, without consent of his opponents iu Con- gress, change either, nor appoint a minister or a ministerial officer, nor draw a dollar from the treasury even for his own defence or support. It was under these circumstances that, on the very day when the election closed and its result became known, four months before the new adminis- tration was to come in, the disappointed party took their appeal from the ballot-box to arms, and inaugurated their revolution. I need not further elaborate the proposition that the revolution is without a cause ; it has not even a pretext. It is just as clear that it is without an object. Moral and physical causes have determined inflexibly the character of each one of the Territories over which the dispute has arisen, and both parties after the election harmo- niously agreed on all the federal laws required for their organization. The Territories will remain in all respects the same, whether the revolution shall succeed or shall fail. The condition of slavery in the several States will remain just the same whether it succeed or fail. There is not even a pretext for the complaint that the disaffected States are to be conquered by the United States if the revolution fail ; for the riglits of the States, and the condition of every human being in them, will remain subject to exactly the same laws and forms of administration, Avhether the revolution shall succeed or whether it shall fail. In the one case, the States would be federall}'^ con- nected with the new confederacy ; in the other, they would, as now, be mem- bers of the United States ; but their constitutions and laws, customs, habits, and institutions in either case will remain tlie same. It is hardly necessary to add to this incontestible statement the further fact that the new President, as well as the citizens through whose suf- frages he has come into the administration, has always repudiated all de- signs whatever and wherever imputed to him and them of disturbing the system of slavery as it is existing under the Constitution and laws. The case, however, would not be fully presented if I were to omit to say that any such eftbrt on his part would be unconstitutional, and all his actions in that direction would be prevented by the judicial authority, even though they were assented to by Corigress and the people. This revolution, thus equally destitute of just cause and legitimate object, aims, nevertheless, at the dismemberment of the federal Union, and, if suc- cessf^ul, must end in the overthrow of the government of the United States. If it be true, as the consent of mankind authorizes us to assume, that the establishment of this government was the most auspicious political event that has happened in the whole progress of history, its fall must be deemed not merely a national calamity, which a patriotic government ought to try AlfNUAL MESSAGE OF THE PEESIDENT. 199 to prevent, but a misfortune to the human race, which should secure for us at least the forbearance of all other nations. It cannot be maintained that disunion would leave it still existing in its true character, and for its proper ends, although in two not very unequal and similar parts. Its integrity as a federal government, embracing all of the American independent, contiguous, and homogeneous States, protecting them all against foreign dangers and internal commotions ; securing to them all a common property, greatness, dignity, influence and happiness, is an indis- pensable feature of its constitution. Dismemberment would be less effectually subversive of the character, objects, and purposes of the Union, if the two confederacies, which it is proposed shall succeed it, could severally be expected to exercise its great functions within their respective dominions. But this would be impossible. The several States are now held in union with each other by a confessed obli- gation of cohesion that only their common consent could dissolve, and that moral law, hitherto acknowledged by all, is substituted for the central mili- tarj' authority which, in other systems, secures the integrity as well as the peace and harmony of States. But if the revolution shall prevail and dis- memberment ensue, the federal obligation in that case will be broken, its moral force spent, and in its place there must come up the principles which are the acknowledged elements of the revolution, namely, first, that in either confederacy each State is at liberty to secede at pleasure ; and secondly, the minority in each confederacy^ and even in each State, may, whenever the will of the majority is ascertained, take an appeal from the ballot to the sword. It is manifest that the success of this revolution would therefore be not only a practical overthrow of the entire system of government, but the first stage by each confederacy in the road to anarchy, such as so widely prevails in Spanish America. The contest, then, involves nothing less than a failure of the hope to devise a stable system of government upon the prin- ciple of the consent of the people, and working through the peaceful expres- sions of their will without depending on military authority. If the President were addressing his countrymen at home on this occasion, instead of one of their representatives going abroad, he would direct me to set forth the con- sequences which obviously must follow the dissolution of the ximerican Union. The loss of the ambition, which is a needful inspiration to a great people; the loss of the respect of mankind, and the veneration and respect of posterity; the loss of the enterprise and vigor which makes us a prosperous nation; and with the loss of sustained and constant culture, which makes us an intellectual people, the loss of safety, both at home and abroad, which directly involves the greatest calamity of all, the loss of liberty It is suffi- cient only to allude to these possible evils on this accasion to aff(jrd you the grounds for assuring the government of France that the President regards the revolution as one which in every event must and will be prevented, since it is manifest that the evils which would result from its success would be as incurable as they would be intolerable. It is, indeed, an occasion of much regret that it has been found needful to employ force for this purpose. It is contrary to the genius and the habits of the people, as it is repugnant to the sentiments of the government of the countr}^ and of mankind. But the President believes that the country will accept that alternative with the less regret because sufficient time has been allowed to try every expedient of conciliatory prevention, and civil war is at last proved to be unavoidable. The responsibility of it must rest with those who have not only inaugurated it, but have done so without cause and without provocation. The world will see that it is an evil that comes upon us not from any necessitj'^ growing out of administration or out of our Con- stitution itself, but from a necessity growing out of our common nature. 200 ANNUAL MESSAGE OF THE PKESIDENT. It must not, however, be inferred that the reluctance of the government to employ force so long has demoralized the administration or can demoralize the American people. They are capable of a high, resolute, and vigorous defence of the Union, and they will maintain that defence with only the more firmness and fidelity, because they are animated by no hostile spirit, but, nn the contrary, by a friendly and even fraternal one, being satisfied that its benefits will result equally to those who are engaged in overthrowing and those who are engaged in defending the Union. I have thus, under the President's direction, placed before you a simple, uuexaggerated, and dispassionate statement of the origin, nature, and pur- poses of the contest in which the United States are now involved. I have done so only for the purpose of deducing from it the arguments you will find it necessary to employ in opposing the application of the so-called Confede- rate States to the government of his Majesty the Emperor for a recognition of its independence and sovereignty. The President neither expects nor desires any intervention, or even any favor, from the government of France, or any other, in this emergency. Whatever else he may consent to do, he will never invoke nor even admit foreign interference or influence in this or any other controversy in which the government of the United States may be engaged with any portion of the American people. It has been simply his aim to show that the present controversy furnishes no one ground on which a great and friendly power, like France, can justly lend aid or sj'mpathy to the party engaged in insur- rection, and therefore he instructs you to insist on the practice of neiitrality by the a:overnment of the Emperor^ as all our representatives are instructed to insist on the neutrality of the several powers to which they are accredited. Not entertaining the least apprehension of the departure from that course by his Majesty's government, it is not without some reluctance that the President consents to the suggestion of some considerations affecting France herself, which you may urge in support of it. France is an agricultural and manufacturing country. Her industry depends very largely on a consump- tion of her productions and fabrics within the United States, and on the receipt, in exchange, of cotton, or other staples, or their equivalent in money, from the United States. The ability of the United States to thus consume and furnish depends on their ability to maintain and preserve peace. War here will in any case be less flagrant, and peace, when broken, will be restored all the more quickly and all the more perfectly if foreign nations shall have the sagacity, not to say the magnanimity, to practice the neutrality we demand. Foreign intervention would oblige us to treat those who should yield it as allies of the insurrectionary party, and to carry on the war against them as enemies. The case would not be relieved, but, on the contrary, would only be aggravated, if several European states should combine in that interven- tion. The President and the people of the United States deem the Union, which would then be at stake, worth all the cost and all the sacrifices of a contest with the world in arms, if such a contest should prove inevitable. However other European powers may mistake, his Majesty is the last one of those sovereigns to misapprehend the nature of this controversy. He knows that the revolution of 1175 in this country was a successful contest of the great American idea of free popular government against resisting prejudices and errors. He knows that the conflict awakened the sympathies of mankind, and that ultimately the triumph of that idea has been hailed by all European nations. He knows at what cost European nations resisted for a time the progress of that idea, and perhaps is not unwilling to confess how much France, especially, has profited by it. He will not fail to recognize the presence of that one great idea in the present conflict, nor will he mis- AM^UAL MESSAGE OF THE PEESIDENT. 201 take the side on which it will be found. It is, in short, the very principle of imiversal suffrage, with its claim to obedience to its decrees, on which the government of France is built, that is put in issue by the insurrection here, and is in this emergency to be vindicated, and, more effectually than ever, established by the government of the United States. I forbear from treating of questions arising out of the revenue laws of the United States, which lately have been supposed to have some bearing on the subject. They liave already passed away before the proclamation of the blockade of ports in the hands of the revolutionary party. Nor could con- siderations so merely mercenary and epliemeral in any case enter into thei counsels of the Emperor of France. You will, naturally enough, be asked what is the President's expectation concerning the progress of the contest and the prospect of its termination. It is, of course, impossible to speculate, with any confidence, upon the course of a revolution, and to fix times and seasons for the occurrence of political events affected by the excitement of popular passions ; but there are two things which may be assumed as certain : First. That the union of these States is an object of supreme and undying devotion on the part of the Amer- ican people, and, therefore, it will be vindicated and maintained. Secondly. The American people, notwithstanding any temporary disturbance of their equanimity, are yet a sagacious and practical people, and less experience of evils than any other nation would require will bring them back to their customary and habitual exercise of reason and reflection, and, through that process, to the settlement of the controversy without further devastation and demoralization by needless continuance in a state of civil war. The President recognizes, to a certain extent, the European idea of the balance of power. If the principle has any foundation at all, the independ- ence and the stability af these United States just in their present form, properties, and character, are essential to the preservation of the balance be- tween the nations of the earth as it now exists. It is not easy to see how France, Great Britain, Russia, or even reviving Spain, could hope to suppress wars of ambition which must inevitably break out if this continent of North America, now, after the exclusion of foreign interests for three-quarters of a centur}', is again to become a theatre for the ambition and cupidity of Euro- pean nations. It stands forth now to the glory of France that she contributed to the emancipation of this continent from the control of European states, an eman- cipation which has rendered only less benefit to those nations than to America itself The present enlightened monarch of France is too ambitious, in the generous sense of the word, to signalize his reign by an attempt to reverse that great and magnanimous transaction. He is, moreover, too wise not to understand that the safety and advancement of the United States are guaranteed by the necessities, and, therefore, by the sympathies of mankind. I am, sir, respectfully, your obedient servant, WILLIAM H. SEWARD. Hon. William L. Dayton, t&c, &c., &c. Mr. Faulkner to Air. Black. No. 111.] Legation of the United States, Paris, March 19, 1861. Sir : I had the honor to-day to receive your despatch. No. 45, touching certain recent political movements in the United States. I had, of course, through the public journals, been made acquainted with the painful facts to 202 ANNUAL MESSAGE OF THE PRESIDENT. which 3'ou refer ; but your communication brings them now, for the first time, officially to my notice. I need hardly say to you that the events wliich have signalized the history of the United States for the last few months have occupied the attention of a very large share of the statesmen and people of Europe. In all my inter- course, public and private, from the Emperor to the peasant, embracing all grades of ministerial and diplomatic agents, it has been the engrossing, I might almost say the only topic of conversation. A revolution was as little anticipated in the United States as an earthquake in Paris. That large communities should be casting off the protection of a govern- ment to which thousands on this continent were looking for the realization of all their dreams of happiness on earth ; that a system should he pro- nounced a failure which has produced, within a few years, the most extra- ordinary developments of national prosperity and power of which history has left any record ; that a flag should be trampled in the dust which has never been stained by oppression, and which is hailed as the emblem of civil and religious freedom in every corner of the globe, were problems well cal- culated to rouse the inquisitive and to puzzle the uninformed. The conse- quence was, that there has been, within the last four months, throughout Europe a more thoroifgh and general discussion, by the press and hy indi- viduals, of American institutions than had occurred for the previous twenty years. In general the press of Europe is in able and skilful hands ; and if, in their late discussions, it has occasionally fallen into some egregious blun- ders, it shows how little familiar the best-informed were with the details of our system when those events arose which have attracted to our condition the gaze of Europe. You inform me that it is not improbable that persons claiming to repre- sent the States which have attempted to throw off their federal obligations will seek a recognition of their independence b}'' the Emperor of the French ; that you would regard such an act, on the part of the French government, as calculated to encourage the revolutionary movements of the seceding States, and to increase the dangers of disaffection in those which shall remain loyal ; that it would be inconsistent with the friendship which the govern- ment of the United States has always heretofore experienced from the gov- ernment of France ; that it would tend to disturb the friendly relations, diplomatic and commercial, now existing between those two powers, and prove adverse to the interests of France and the United States, You have not in your despatch informed me what line of policy it is the purpose of the federal government to adopt towards the seceding States, a fact most material in determining my own action, as well as the views to be addressed to a foreign power on the points presented by your instructions. If I correctly construe the intentions of the government, it looks to a pacific solution of the difficulties which now disturb its relations with the seceding States. In other words, it does not propose to resort to the strong arm of military power to coerce those States into submission to the federal authority. If this be a correct view of its proposed action, and all who understand the genius of our institutions and the character of our people must hope that it shall be such, the only difficulty will be in making European governments appreciate the spirit of such wise and conciliator^' policy, and comprehend the just application of the principles of international jurisprudence to a state of facts so novel and peculiar. The fact which seems chiefly to have governed the conduct of nations in establishing diplomatic and commercial relations with States or provinces which have thrown off their allegiance to the general power — I mean, of course, apart from the fact of their ability to maintain international relations with the world — is the practical cessation of all attempts by arms to enforce ANNUAL MESSAGE OF THE PRESIDENT. 203 obedience to the autliority asserted. This rule is founded upon the idea that force, successfully exerted or resisted, is the only criterion by which the re- spective claims to sovereignty of the contending parties can be adjudged. And, unfortunately, the past history of the world exhibits no other influence which has been deemed fit and proper to be invoked to maintain authority or to suppress revolution. But it is obvious that this rule cannot be rigidly applied by foreign governments to our political system, nor to the course of policy which the federal government has thought expedient to pursue towards the seceding States, without exhibiting, on the part of sucli foreign govern- ment, a most unfriendly disregard of the rights and interests of the remain- ing twenty-eight States, and an eager desire to dismember the confederacy. Where the parties place the issue fairly upon the arbitrament of the sword, there the result of arms must naturally determine the action of foreign powers. But where force is ah initio repudiated as the means of terminating the contest; where the appeal is to the reason, judgment, and interests of the seceding States; where time is an essential element to moderate excited passion, to examine into alleged grievances, and to apply the remedies pro- vided by our constitutional sj^stem; and especially when it is known that propositions for the adjustment of the points at issue are now being consid- ered by some of the most influential States of the confederacy, a hasty recognition by any foreign power of the independence of the seceding States would exhibit, upon the part of such foreign government, proof as unequivocal of an unfriendly spirit towards the United States as if such recognition were made amidst the clash of arms, and with a view of exert- ing a moral influence over the result of the struggle. It would seem to me, therefore, that no principle of international law, nor an}' considerations of courtesy or commercial benefit could justify a foreign power in adding to the embarrassments of our present domestic position by recognizing at this time the independence of the confederated States. No appeal will be made to its sympathy by the allegation of grievous wrong and oppression in the presence of the fact that nine otlier States, with the same rights and inter- ests involved, equally free, brave, and high spirited, have not deemed the evil sufficient to justify a remedy so extreme. Time has not yet made mani- fest to the world liow far those movements have sprung from passion, or are the results of deliberate judgment; whether they have originated in fears which have since proved unfounded, or are the settled convictions of the popular mind. Nor has any adequate opportunity been afforded for the cor- rection of the grievance complained of by the regular operation of our con- stitutional system. The foreign power which would, under such circum- stances, recognize the independence of those States, and tlius frustrate and embarrass the regular and pacific adjustment of our own internal difficulties, would subject itself to grave accusations of hostility to the Union, and give to the federal authority, as the agent and representative of the remaining States, just cause of dissatisfaction. I have no hesitation in expressing it as my opinion, founded upon frequent general interviews with the Emperor, although in no instance touching this particular point, that France will act upon this delicate question when it shall be presented to her consideration in the spirit of a most friendly power; that she will be tlie last of the great states of Europe to give a hasty en- couragement to the dismemberment of the Union, or to afford to the govern- ment of the United States, in the contingency to which you refer, any just cause of complaint. The unhappy divisions which have afflicted our country have attracted the Emperor's earnest attention since the first of January last, and he has never, but upon one occasion of our meeting since, failed to make them the subject of friendly inquirj^, and often of comment. He looks upon the dismemberment of the American confederacy with no pleas- 204 ANNUAL MESSAGE OF THE PEEStDENT. are, but as a calamity to be deplored by every enlightened friend of human progress. And he would act, not only in conflict with sentiments often ex- pressed, but in opposition to the well understood feelings of the French people, if he should precipitately adopt any step whatever tending to give force and efficacy to those movements of separation, so long as a reasonable hope remains that the federal authority can or should be maintained over the seceding States. The Emperor Napoleon has no selfish purpose to accomplish by the dis^ memberment of the American Union. As he has upon more than one occa- sion said to me: "There are no points of collision between France and the United States; their interests are harmonious, and they point to one policy, the closest friendship and the freest commercial intercourse." He knows full well that the greatness of our republic cannot endanger the stability of his throne, or cast a shadow over the gloi-y of France. He would rather see us united and powerful than dissevered and weak. He is too enlight- ened to misapprehend the spirit of conciliation which now actuates the conduct of the federal authorities. He knows that appeals to the public judgment perform that function in our republic which is elsewhere only ac- complished by brute force. And if armies have not been marshalled, as they would have been ere this in Europe, to give effect to the federal authority, he is aware that it is not because the general government disclaims authority over the seceding States, or is destitute of the means and resources of war, but from an enlightened conviction on its part that time and reflection will be more efficacious than arms in re-establishing the federal authority, and restoring that sentiment of loyalty to the Union which was once the pride of every American heart. I have not, so far, heard that any commissioners have been sent by the seceding States to France. Should they, as you anticipate, arrive shortly, I think I am not mistaken in saying that they will find that the imperial gov- ernment is not yet prepared to look favorably' upon the object of this mission. I have made this despatch longer, perhaps, than was necessary, for I have not had time to elaborate and digest my ideas very carefully, and sub- mit them as suggestions to elicit more fully the views and instructions of the government. I am, sir, very respectfully, your obedient servant, CHAS. J. FAULKNER. Hon. Jeremiah S. Black, Secretary of State. Mr. Faulkner to Mr. Seward. [Extract.] No. 119.] Legation of the United States, Paris, April 15, 1861. Sir: I called to-day upon Mr. Thouvenel at the ministry of foreign affairs, and was promptly admitted to an interview. Agreeably to your request, I handed to him a copy of the inaugural address of President Lincoln, and added that I was instructed by you to say to him that it embraced the views of the President of the United States upon the difficulties which now disturbed the harmony of the American Union, and also an exposition of the general policy which it was the purpose of the government to pursue with a ANNUAL MESSAGE OF THE PEESIDENT. 205 view to the preservation of domestic peace and the maintenance of the federal Union. Here Mr. Thouvenel asked if there was not some diversity of opinion in tlie cabinet of the President as to the proper mode of meeting the difficulties which now disturbed the relations of the States and general government. I replied, upon that point I had no information; under our system the cabinet was but an advising body; its opinions were entitled to weight, but did not necessarily compel the action of the President; the ex- ecutive power was, by the Constitution, vested exclusively in the President, I said that I was further instructed to assure him that the President of the United States entertains a full confidence in the speedy restoration of the harmony and unity of the government by a firm, yet just and liberal policy, co-operating with the deliberate and loyal action of the American people. Mr. Thouvenel expressed his pleasure at this assurance. I further said that the President regretted that the events going on in the United States might be productive of some possible inconvenience to the people and subjects of France, but he was determined that those incon- veniences shall be made as light and transient as possible, and, so far as it maj^ rest with him, that all strangers who may suffer any injury from them shall be indemnified. I said to him that the President thought it not improbable that an appeal would be made before long by the "confederated States" to foreign powers, and, among others, to the government of Prance, for the recognition of their independence; that no such appeal having yet been made, it was prema- ture and out of place to discuss any of the points involved in that delicate and important inquiry; but the government of the United States desired the fact to be known that whenever any such application shall be made it will meet with opposition from the minister who shall then represent that gov- ernment at this court. I said to him that my mission at this court would very soon terminate, and that I should have no official connexion with the question which, it was anticipated, might arise upon the demand of the confederated States for the recognition of their independence ; that my place would soon be supplied by a distinguished citizen of the State of New Jersey, a gentleman who possessed the confidence of the President, who fully sympathized in his public views, and who would doubtless come fully instructed as to the then wishes and views of the government of the United States, and that the only request which I would now make, and which would close all I had to say in the interview, was that no proposition recognizing the permanent dis- memberment of the American Union shall be considered by the French gov- ernment until after the arrival and reception of the new minister accredited by the United States to this court. Mr. Thouvenel, in reply, said that no application had yet been made to him by the confederated States, in any form, for the recognition of their independence; tliat the French government was not in the habit of acting hastily iipon such questions, as might be seen by its tardiness in recognizing the new kingdom of Italy; that he believed the maintenance of the federal Union, in its integrity, was to be desired for the benefit of the people north and south, as well as for the interests of France, and the government of the United States might rest well assured that no hasty or precipitate action would be taken on that subject by the Emperor. But whilst he gave utter- ance of these views, he was equally bound to say that the practice and usage of the present century had fully established the right of de facto gov- ernments to recognition when a proper case wa,s made out for the decision of foreign powers. Here the official interview ended. The conversation was then further p'rotracted by an inquiry from Mr. Thouvenel when the new tarifi' would go into operation, and whether it was 206 ANNUAL MESSAGE OF THE PEESIDENT. to be regarded as the settled policy of the government. I told him that the first day of the present month had been prescribed as the period when the new duties would take effect; that I had not yet examined its provisions with such care as would justify me in pronouncing an opinion upon its merits; that it was condemned by the commercial classes of the country, and that I had no doubt, from the discontent manifested in several quarters, that the subject would engage the attention of Congress at its next meeting, and probably some important modifications would be made in it. The finances of the government were at this time temporarily embarrassed, and I had no doubt the provisions of the new tariff were adopted with a view, although probably a mistaken one, of sustaining the credit of the treasury as much as of reviving the protective policy. He then asked me my opinion as to the course of policy that would be adopted towards the seceding States, and whether I thought force would be employed to coerce them into submission to the federal authority. I told him that I could only give him my individual opinion, and that I thought force would not be employed; that ours was a government of public opinion, and although the Union unquestionably possessed all the ordinary powers necessary for its preserva- tion, as had been shown in several partial insurrections which had occurred in our history, yet that the extreme powers of government could only be used in accordance with public opinion, and that I was satisfied that the sentiment of the people was opposed to the employment of force against the seceding States. So sincere was the deference felt in that country for the great principles of self-government, and so great the respect for the action of the people, "when adopted under the imposing forms of State organization and State sovereignty, that I did not think the employment of force would be tolerated for a moment, and I thought the only solution of our difQculties would be found in such modifications of our constitutional compact as would invite the seceding States back into the Union on a peaceable acquiescence in the assertion of their claims to a separate sov- pvpi O'nt-V ^ '^ "^ '^ ^ ^ ^ ^ 'Tfi I am, very respectfulK'^, j-our obedient servant, CHAS. J. FAULKNER Hon. William H. Seward, Secretary of State. Mr. Seward to Mr. Dayton. No. 1.] • Department of State, * Washington, May 4, 1861. Sir: The despatches of your predecessor, Nos. 117, 119, and 120, have been received; the latter acknowledging the receipt of our letter of recall and announcing his intended return requires no special notice. No. in bears the date of the 5th of April last. It contains only an expo- sition of Mr. Faulkner's views of the policy which this government ought to pursue in regard to the disturbed condition of affairs at home, but at the same time gives us no information concerning the state of our affairs in France. The instructions heretofore transmitted to you will show you the Presi- dent's views on the subject Mr. Faulkner has discussed, and these will be 3'our guide notwithstanding any different opinions your predecessor may have expressed or left on record at Paris. Al^NUAL MESSAGE OF THE PKESIDENT. 207 No. 119 bears date of the 15th of April last, and contains a report of an official conversation, and also of an unofficial one held between Mr. Faulkner and Mr. Thouvenel. In the former conversation Mr. Thouvenel asked Mr. Faulkner whether there is not some diversity of opinion in the cabinet of the President as to the proper mode of meeting the difficulties which now disturb the relations of the States and the general government. Mr. Faulkner, in reply, said that he had no information on the subject. The matter is of no great moment, yet it is desirable that there be no misapprehension of the true state of the government in the present emer- gency. You may, therefore, recall that conversation to Mr. ThouvenePs memory, and then assure him explicitly that there is no difference of opinion what- ever between the President and his constitutional advisers, or among those advisers themselves, concerning the policy that has been pursued, and which is now prosecuted by the administration in regard to the unhappy disturb- ances existing in the country. The path of executive duty has thus far been too plainly marked out by stern necessities to be mistaken, while the solem- nity of the great emergency and the responsibilities it devolves have extin- guished in th« public councils every emotion but those of loyalt}'' and patriotism. It is not in the hands of this administration that this govern- ment is to come to an end at all — much less for want of harmony in devotion to the country. Mr. Thouvenel's declaration that the United States may rest well assured that no hasty or precipitate action will be taken on the subject of the appre- hended application of the insurrectionists for a recognition of the independ- ence of the so-called Confederate States is entirely satisfactory, although it was attended by a reservation of views concerning general principles appli- cable to cases that need not now be discussed. In the unofficial conversation Mr. Faulkner says that he himself expressed the opinion that force would not be resorted to to coerce the so-called seceding States into submission to the federal authority, and that the only solution of the difficulty would be found in such modifications of the consti- tutional compact as would invite. the seceding States back into the Union, or a peaceable acquiescence in the assertion of their claim to a separate sovereignty. The time when these questions had any pertinency or plausibility have passed away. The United States waited patiently while their authority was defied in turbulent assemblies, and in seditious preparations, willing to hope that mediation, offered on all sides, would conciliate and induce the disaf- fected parties to return to a better mind. But the case is now altogetlier changed. The insurgents have instituted revolution with open, flagrant, deadly war to compel the United States to ac- quiesce in the dismemberment of the Union. The United States have accepted this civil war as an inevitable necessity. The constitutional remedies for all the complaints of the insurgents are still open to them, and will remain so. But, on the other hand, the land and naval forces of the Union have been put into activity to restore the federal authority and to save the Union from danger. You cannot be too decided or too explicit in making known to the French government that there is not now, nor has there been, nor will there be any the least idea existing in this government of suffering a dissolution of this Union to take place in any way whatever. There will be here only one nation and one government, and there will be the same republic, and the same constitutional Union that have already sur- vived a dozen national changes, and changes of government in almost every 208 ANNUAL MESSAGE OF THE PEESIDEXT. other country. These will stand hereafter, as they are now, objects of human wonder and human affection. You have seen, on the eve of your departure, the elasticity of the national spirit, the vigor of the national government, and the lavish devotion of the national treasures to this great cause. Tell Mr. Thouvenel, then, with the highest consideration and good feeling, that the thought of a dissolution of this Union, peaceably or by force, has never entered into the mind of any candid statesman here, and it is high time that it be dismissed by statesmen in Europe. I am, sir, respectfully, your obedient servant, WILLIAM H. SEWARD. Wm. L. Dayton, Esq., d;c., &c., &c. Mr. Dayton to Mr. Seward. [Extracts.] No. 5.] Paris, May 22, 186L Sir: I have the pleasure to announce to you my arrival m this city on Saturday, May 11. On Monday, application was made through our legation for an audience with Mr. Thouvenel, minister of foreign affairs, which was granted for the 16th instant, on which day I was duly presented to him by Mr. Walsh, of the American legation. Mr. Thouvenel, in the course of the conversation, took occasion to say that he deeply regretted the condition of things in the United States, and that in this expression of feeling he represented the views and feelings of the Emperor; that so deeply concerned was the Emperor that he had felt disposed to offer his good offices, but had been deterred from the fear that his ofier might not be well received; but should occasion for this arise, he would always be ready and happy to be of use. He made special inquiry as to the policy of our government in regard to neutral rights, particularly in reference to neutral property found in southern ships. He went into considerable detail to show that historical precedents were in favor of treating southern vessels as those of a regular belligerent, and applying the same doctrine to them as had always been upheld by the United States. He dwelt particularly upon the fact that Great Britain, during our revolu- tionary war, had not considered our privateers as pirates. I understood him to say that, as respects an eflfective blockade, it would be fully recog- nized and respected; but he seemed much impressed with the importance of understanding clearly the intentions of our government in reference to these matters as respects the foreign world. As respects a tender of the kind offices of the Emperor I could only thank him for the interest in our country which the suggestion manifested, but gave him no reason to suppose such offer at this time would be accepted. As to the doctrines which our government would apply in reference to the blockade of southern ports and neutral rights, I told him I had no specific instructions at present, and could only refer him to the proclamation of the President and the general principles of international law which might bear on the case. I further informed him that immediately after my reception b3'- the Emperor I would apprise my government of the anxiety of the French government to learn the views of our government more definitively upon these questions. You will not fail to have observed that the action of France and England upon this question of belligerent rights has been upon a mutual understanding and agreement. ANNUAL MESSAGE OF THE PKESIDENT. 209 Throughout the conversation he seemed anxious to impress upon me the great interest which France took in our condition, and their desire for the perpetuation of the Union of the States. He referred to the fact that France had aided in its formation, and did not desire to witness its dissolution. The recognition of the southern confederates as possessing belligerent rights he did not consider at all as recognizing them as independent States. After the conversation had closed, to save time I at once presented a copy of my letters of credence, and requested an audience of the Emperor, &c. On the next day I was informed by a note from the minister that I would be received at the palace on the 19th instant, at which time I was presented in due form to the Emperor, in the presence of certain officers of the court. A copy of my remarks to the Emperor will be found enclosed, (letter A.) In reply, the Emperor, after a courteous welcome, and one or two remarks of a character personally complimentary, said, in substance, that he felt great interest in the condition of things in our country; that he was very anxious our difficulties should be settled amicably; that he had been and yet was ready to ofler his kind offices, if such offer would be mutually agreeable to the contending parties; that whatever tended to affect in- juriously our interests was detrimental to the interests of France, and that he desired a perpetuation of the Union of the States, with some additional remarks of like tenor and character. His observations were in the same vein as those of the minister of foreign affairs, and I doubt not were the frank expressions of his views on this subject. Immediately after the formal part of my presentation had closed, and my letters of credence been delivered, he entered for a short time into general conversation. Upon taking my leave of the Emperor I was conducted by the grand chamberlain to the apartments of the Empress, and there pre- sented to her. She repeated to some extent the same views already pre- sented by the Emperor. My reception at the palace was in every respect agreeable. On Monday, the 20th instant, I called again on Mr. Thouvenel, in company with Mr. Sanford, (our minister to Belgium,) for the purpose of obtaining, if possible, a little more distinct information as to what France meant by the terms "neutral rights" and "belligerent" rights; how far he considered such rights as extending to the capture and condemnation of prizes in the ports of France, &c. He said in reply, in substance, that they held that the flag covers the cargo; and that if a southern ship carrying neutral property was captured, the property would not be condemned, &c. He hoped our government would recognize principles for which it had always contended. I told him it would certainly do so, but the question here was, whether there ivas a flag; that our government insisted, that the confederates, being merely in rebellion, had no flag, and I could not exactly understand how a foreign government which had not recognized them as an independent power could recognize them as having a flag. He said, further- more, that the French government had given no warning to their citizens, &c., (as the English government had,) by proclamation, because it was un- necessary; that the statute law of France (of 1825, April 10, I think) de- clared that any French citizen taking service under a foreign power lost all claim to protection as a citizen; that if a subject of France should take service on board of a letter of marque licensed by the Confederate States, it would be, as I understood him, piratical on the part of such subject. He said, furthermore, that no letters of marque could be fitted out in their ports, or even sheltered there, unless they came in from necessity, (as stress of weather, &c.,) and then could remain, I think, but twenty -four hours; that consequently there could be no bringing of prizes into French ports, and while there a condemnation of them in the courts of the southern States. His conversation on this part of the case was very satisfactory, and he Ex. Doc. 1 14 210 ANNUAL MESSAGE OF THE PRESIDENT. promised me a reference in writing- to the French statutes bearing on the question. He added that the French government had addressed certain interrogatories to our government, and would await their answer. The disposition of this government to keep on friendly relations with us is, I think, manifest, and it will not, I judge, be diminished by the obvious fact that certain portions of the public men and the press of England are felicitating themselves on the condition of things in America. The policy of having a heavy commercial power in the west, as some counterpoise to the marine power of England, is too manifest to escape a mind so sagacious as that of the present Emperor of the French. I had taken the liberty before the re- ception of your last despatch, dated 4th instant, of assuring all persons^ official and otherwise, with whom I came in contact, that the most effective measures were being taken by our government to crush out this causeless and wicked rebellion, and that I believed such efforts would be continued to the end; that the fears (which existed in some quarters) that the govern- ment would again temporize, and lose the advantage which the present de- termined enthusiasm of the people gave to it, were groundless. I find very strong feelings existing here in behalf of the Union among the American citizens from the northern States, and a determination to support the govern- ment with men and money. ********** I have had many applications since here by foreigners for service as officers in the army of the United States, and I understand from one of the former secretaries of the legation that many applications were made at the office of the legation before I came. There was one case only, as the secre- tary says, of an application at the office of the legation for service in the army of the south, and this was from an anonymous correspondent, the note seeking service being unsigned. To these applications I have said that our service was open to volunteers, but I had no authority to commit the govern- ment to appointments; that, in fact, we needed arms rather than men. * * * No formal notice of the blockade of southern ports has been given to. the government here, unless through the agency of the French minister at Washington. Indeed, I think I understood Mr. Thouvenel to say that they had received no such formal notice at all. I shall call the attention of Mr. Thouvenel to the original proclamation when I communicate to him (as I shall at once do) the additional proclamation (just received) of the blockade of the ports of Virginia and North Carolina. ********** I have opened, since here, (directed to my predecessor,) a copy of the President's proclamation as to the blockade of the ports of Virginia and North Carolina, dated 27th April, 1861. I received likewise despatch No. 4 last night, containing views of the government at Washington as to the abolition of privateering, and enclosing to me a commission to effect with the French government a treaty for that purpose, with the form of such treaty. This is of great importance, and will affect in a material degree the means of defence on the part of our country in time of war. I shall pro- ceed in conformity, however, with these instructions to communicate with the minister of foreign affairs on the subject. But I cannot help feeling, in view of what the French law is, as heretofore stated, and the little dan- gler to our commerce which can soon arise from any action of this govern- ment or of its subjects from privateers, that I had better attempt again to obtain a provision exempting from seizure privale property afloat (unless contraband) the same as private property is now exempt on land. I should very much regret an opportunity lost to obtain such a treaty provision, if possible, before we give up that species of volunteer marine by which we are enabled in some degree to affect the commerce of other nations, having A2\^NUAL MESSAGE OF THE PEESIDENT. 211 a heavier naval marine, while they are destroying' our own. The Emperor is about to leave Paris for the countr}', and it is doubtful if great expedition can be had in this matter ; but, acting under the direct instructions of the government at home, I shall incur no unnecessary delay in carrying those instructions (if I can procure no better terms) into effect. I have received your despatch (No. 7 ) containing instructions as to matters to be communicated to Mr. Thouvenel in reference to the unity of the cabinet at Washington and the intentions of the government to prosecute the war with the utmost effect. I will, at the earliest moment, so state to Mr. Thouvenel, though it will be to some extent a restatement of what has already been said. There has, I fear, been some misapprehension upon the minds of the authorities here upon this subject. Since my arrival here my engagements, personal and official, have been constant ; so much so that it has not been in my power to communicate as promptly with j^our department as I would have desired. ******** Your very obedient servant, WM. L. DAYTON. Hon. William H. Seward, jSecrelary of State. A. Your Majesty : I have the honor to present to your Imperial Majesty these, my letters of credence from the President of the United States of America, accrediting me as envoy extraordinary and minister plenipotentiary near to your Majesty. By these letters it is made my especial duty, as it will certainly be my pleasure, with the assent of your Majesty, to cultivate and strengthen the friendship and good correspondence which has heretofore existed between France and the United States, and as far as possible to preserve and advance the interest and happiness of both nations. The people of the United States have not forgotten, nor can they ever forget, that Prance was their first ally, and throughout the whole period of their national existence has been (with a passing cloud only) their constant friend. An unbroken intercourse of good offices and kind feelings between two great nations for so long a period affords just cause of pride and congratulation to both. Each j^ear has con- tinued to enlarge those business interests which bind us together, and I am happy to know that at no period ia our past history have those interests been more prosperous than under the wise, liberal, and enlightened policy of your Imperial Majesty. All our recollections of the past, all our interests of the present, and all our hopes for the future, prompt the United States to cultivate with sedulous care those friendly relations with the government of France which have existed so long and been productive to each nation of results so auspicious. I have it specially in charge from the President of the United States to give assurance to your Imperial Majesty of his disposition to cultivate such friendly relations; to assure your Majesty personally of his high respect and appreciation ; to tender to you, to the Empress, your imperial consort, and to each of the members of the imperial family, his best wishes for their 212 ANNUAL MESSAGE OF THE PRESIDENT. healtb, prosperity, and happiness. Permit me only to add that the mission near to your Imperial Majesty, with which I have been honored, is one most grateful to my feelings, and without neo'lecting the interests of my own gov- ernment, I shall endeavor so to discharge its duties as to make my residence here entirely agreeable to your Majesty. Mr. Dayton to Mr. Seioard. [Extracts.] No. 6.] ■ Paris, May 27, 1861. Sir: Immediately after closing my last despatch I wrote to Mr. Thouvenel a note apprising him that I was fully authorized to enter into a convention with the government of France in respect to privateering, the rights of neutrals, and the matter of blockade, and requesting him, if disposed to renew negotiations upon these subjects, to name a day for conference. My note was not sent uutil the 25th instant. A copy is attached, marked letter A. On the same day, to wit, the 25th of the present month, I sent to Mr. Thouvenel a copy of the President's proclamation of the blockade of the ports of Virginia and North Carolina, referring, at the same time, to the pre- vious blockade of the other southern ports. A copy of my note is attached, marked letter C. On the 24th instant I received from the minister of war a note as to cer- tain fire-arms for the State of Virginia, applied for by my predecessor, Mr. Faulkner; a copy of which note, marked D, together with my answer there- to, marked E, is hereunto attached. ****** I recently received from the agent of our Havre line of steamers a request that I would (by application to the government for munitions of war) aid him to put the steamer Fulton in a condition of defence on her homeward voyage; which I did, so far as I could, by presenting his request to the gov- ernment. A copy of his request, indorsed by me, is herewith attached, marked H. I presume the request was granted, as I have heard nothing , since from the agent, and the steamer leaves her port to-day. I have just received the despatches, b}^ the last steamer, directed to Mr. Sanford, to whom I immediately delivered them ; and likewise your circular to me upon the subject of passports, with which I shall carefully comply. Mr. Thouvenel has promptly answered my note informing him I was au- thorized to enter into a convention as to privateering, &c., and has desig- nated to-morrow, at 4 p. m., for a conference. In my next despatch I shall be able, doubtless, to give you some information as to the views of the French government on this subject. Mr. Marsh has been here, engaged in doing good service by matter communicated for use through the English press. Mr. Burlingame is remaining here for a short time, acting under the advice of his brother diplomatists, owing to matter confidentially communicated from Vienna. With much consideration, your obedient servant, WM. L. DAYTON. Hon. Wm. H. Seward, Secretary of State. ANNUAL MESSAGE OF THE PRESIDENT. 213 Paris, May 24, 1861. Sir: I have the honor to inform your excellency that I am fully authorized by my government to enter into a convention with the government of France in reference to the subject of privateering, the rights of neutrals, and the matter of blockade. If, therefore, the government of his Imperial Majesty remains disposed to renew negotiations upon these subjects, I shall be happy to have a confer- ence with your excellency at such time as your excellency may indicate. With great respect, I have the honor to be your obedient servant, WM. L. DAYTON. Mr. TnouvEXEL, MinMer of Foreign Afairs. C. Paris, May 24, 1861. Sir: I beg to enclose to your excellency a copy of a pi-oclamation issued by the President of the United States on the 27th of April last, establishing a blockade of the ports of the States of Virginia and North Carolina. A prior proclamation, dated 19th April last, established a blockade of the ports of the States of South Carolina, Georgia, Florida, Alabama, Louisiana, Mississippi, and Texas, of which your excellenc}^ has doubtless had notice. With much respect, I have the honor to be your excellency's obedient servant, WM. L. DAYTON. Mr. Thouvexel, Minister of Foreign Affairs. D. Paris, May 24, 1861. Sir: The 2Tth September, 1860, your predecessor having requested me to have the goodness to deliver to him, from the state arsenal, four fire-arms (4 amies a feu) and two other arms {amies blanches) for the State of Vir- ginia, I authorized the said delivery, with the approbation of the Emperor; and the 22d of October, 1860, I informed Mr. Faulkner that the artillery board of Paris held these arms at the disposition of the Virginia commis- sioners. Up to this moment there has not been a delivery, and the letters of the director colonel of artillery, as also my despatch of the 21st of March last to Mr. Faulkner, remain unanswered. Interpreting this silence as a renunciation of the request of the State of Virginia, I have the honor to inform you that, unless you intimate a desire to the contrary in the course of a few days, I shall order the director of artil- lery at Paris to consider the authorization of the 22d of October, 1860, as null. Accept, sir, the assurance of the most distinguished consideration with which I have the honor to be j'our verv humble and very obedient servant, RANDON, Le Marechal de France, Ministre Secretaire cVetat de la Guerre. 214 ANNUAL MESSAGE OF THE PRESIDENT. E, Paris, May 26, 1861. Sir: I have the honor to acknowledge your letter of the 24th instant, calling my attention to the fact that my predecessor, on the 2tth of Septem- ber last, requested you to have the goodness to deliver to him, from the gov- ernment arsenal, four fire-arms (4 armes a feu) and two other arras {armes blanches) for the State of Virginia, and that 3^011 authorized the said delivery, with the approbation of the Emperor, on the 22d of October, 1860; and that you informed Mr. Faulkner that the artillery board of Paris held those arms at the disposition of the Virginia delegates; that up to the date of your note to me the letter from the colonel of the artillery staff and your own despatches of the 21st of March last, addressed to Mr. Faulkner, have remained unanswered, &c. I beg to say to your excellency that I am altogether ignorant of the causes of delay on the part of my predecessor in answering the communications referred to, and asking for the delivery of the arms in question. I pray you, sir, to accept for yourself, and convey to the Emperor, my grateful acknowledgments, in behalf of the United States, for the courtesy extended in the expression of a readiness to grant the request of my prede- cessor; while I deem it proper to say at once that the request for the arms referred to will not, under existing circumstances, be renewed by me in behalf of the State of Virginia. I beg to assure you, sir, of the high consideration with which I liave the honor to be 3'our obedient servant, WM. L. DAYTON. Mons. le Marechal Comte Randon, Minister de la Guerre. H. Paris, 3Iay 23, 1861. Excellency: The necessity which exists for arming our steamer, the Fulton, against any attack of the privateers of the southern confederacy obliges Captain Walton to provide himself with tioo hundred rifles. These guns, which we have purchased at Leige, (Belgium,) will be delivered to- day or to-morrow at Havre. But we have no cartridges for these guns, and are obliged to buy them in France, and cannot obtain them without an authorization from the min- ister of war. We are thus obliged to appeal to you, to beg your power- ful influence in obtaining the necessary munitions. We desire tliat the French government furnish us, delivered on board the steamer Fulton, at Havve, ficenty thousand cartouches for hunting rifles, of the calibre 17^^^ for the muzzle of tlie guns. Either our house, at Paris, or that of Messrs. W. Sclim & Co., at Havre, will pay the bills. The steamer Fulton will quit Havre Tuesday morning, 28th instant, and it will be necessar}" tliat the munition should be delivered Monday. We pray your excellency to accept, in entram, the expression of the pro- found gratitude and our distinguished consideration of your excellency's most obedient servants, SHELBERT, KANE & CO., 8 Place de la Bourse. His Excellency Mr. Dayton, Minister of the United States of America, Pans. AJ^NUAL MESSAGE OF THE PRESIDENT. 215 Mr. Seimrd to Mr. Dayton. No. 10.] Department of State, Washington, May 30, 1861. Sir: Mr. Sanforcl, who was requested by mo to look to our interests in Paris in the interval which might elapse between the Vv^ithdrawal of Mr. Faulkner and your own arrival, has transmitted to me (in his despatch No. 2) an account of a very interesting conversation which he has recently held with Mr. Thouvenel on our internal affairs. In that conversation Mr. Thouvenel intimated that, in view of the great commercial interests which are involved in the domestic controversy which is now agitating the United States, the French government had felt itself constrained to take measures, in conjunction with the government of Great Britain, to meet a condition of things which imperiled those interests. That it had been decided that communications of a similar tenor should be addressed by both of those governments to the government of the United States, and that those communications would be forwarded in the current week. Mr. Thouvenel kindly foreshadowed the points of those communi- cations. As those papers may be expected to arrive by, perhaps, the next steamer, I shall reserve comments upon the propositions indicated until they shall thus be fully and directly brought to the attention of the President. There are, however, some points in the conversation, or suggested by it, which I cannot properly suffer to pass unnoticed. First. I desire that Mr. Thouvenel may be informed that this government cannot but regard any communications held by the French government, even though unofficial, with the agents of the insurrectionary movement in this country as exceptionable and injurious to the dignity and honor of the United States. They protest against this intercourse, however, not so much on that ground as on another. They desire to maintain the most cordial relations with the government of France, and would therefore, if possible, refrain from complaint. But it is manifest that even an unofficial reception of the emissaries of disunion has a certain though measured tendency to give them a prestige which would encourage their efforts to prosecute a civil war destructive to the prosperity of this country and aimed at the overthrow of the government itself. It is earnestly hoped that this protest may be suffi- cient to relieve this government from the necessity of any action on the unpleasant subject to which it relates. Secondly. The United States cannot for a moment allow the French gov- ernment to rest under the delusive belief that they will be content to have the confederate States recognized as a belligerent power by States with which this nation is in amity. No concert of action among foreign States so recognizing the insurgents can reconcile the United States to such a proceeding, whatever may be the consequences of resistance. Tliirdly. The President turns away from these points of apprehended difference of opinion between the two governments to notice other and more agreeable subjects. The tone of Mr. Thouvenel's conversation is frank, generous, and cordial; and this government feels itself bound by new ties to France when her Emperor avows his desire for the perpetual union of the States. Especiall}'- does this government acknowledge that it is profoundly moved by the declaration of his Majesty, that he would be willing to act as mediator in the civil strife that unhappily convulses our country. These expressions of good will are just what have been expected from the Emperor of France. This government desires that his Majesty may be informed that it indulges 216 ANNUAL MESSAGE OF THE PRESIDENT. not the least apprehension of a dissolution of the Union in this painful controversy. A favorable issue is deemed certain. What is wanted is that the war may be as short, and attended by as few calamities at home and as few injuries to friendly nations, as possible. No mediation could modify in the least degree the convictions of policy and duty under which this gov- ernment is acting : while foreign intervention, even in the friendly form of mediation, would produce new and injurious complications. We are free to confess that so cordial is our regard for the Emperor and our confidence in his wisdom and justice, that his mediation would be accepted if all intervention of that kind were not deemed altogether inadmissible. This gov- ernment perceives, as it thinks, that the French government is indulging in an exaggerated estimate of the moral power and material forces of the insurrection. The government of the United States cheerfully excuses this error, because it knows how unintelligible the working of the American system and the real character of the American people are to European nations. This government knows, moreover, and painfully feels, that the commercial interests of European states are so deeply involved in the restoration of our domestic peace as to excite the highest anxiety and impatience on their part. But it desires the French government to reflect that our commercial interests involved in the issue are even greater than their own ; and that evei'y motive that France can have for desiring peace operates still more powerfully on ourselves, besides a thousand motives peculiar to ourselves alone. The measures we have adopted, and are now vigorously pursuing, will terminate the unhappy contest at an early da^^ and be followed by benefits to ourselves and to all nations greater and better assured than those which have hitherto attended our national progress. Nothing is wanting to that success except that foreign nations shall leave us, as is our right, to manage our own affairs in our own way. They, as well as we, can only suffer by their intervention. No one, we are sure, can judge better than the Emperor of France how dangerous and deplorable would be the emergency that should intrude Europeans into the political contests of the American people. I am, sir, respectfully, your obedient servant, WILLIAM H. SEWARD. William L. Dayton, Esq., dv., d-c, &c. Mr. Dayton to Mr. Seward. [Extracts] Paris, May 30, 186L' Sir: Since the date of my despatch No. 6 I have had an interview with Mr. Thouvenel. I told him I was authorized to accept the propositions adopted at the congress of Paris in 1856, but with the desire expressed by the President that the provisions should be added exempting private property afloat, un- less contraband, from seizure and confiscation. I did not say, nor did he ask, whether the four propositions would be accepted without amendment. He said nothing could be done except by conference with the other powers, but if I would submit the proposition in writing, which I shall at once do, he would. immediately address the other powers, and we would probably re- ceive an answer in ten or twelve days. I have been induced to suggest again the adoption of this amendment ANNUAL MESSAGE OF THE PEESIDENT. 217 exempting private property afloat from seizure and confiscation: (1.) From the preference or wish of the President expressed in your letter of instruction. (2.) From the great importance, as it seemed to me, of securing' the adop- tion of the principle, if possible, before the United States should give up the right of privateering. (3.) From the facts patent on the correspondence of this legation in 1856, whereby it appears that France and Russia were both favorably disposed at that time to the adoption of the principle of the amendment, (see Mr. Marcy's despatch to Mr. Mason, No. 94, dated October 4, 1856, and Mr. Mason's confidential letter to Mr. Dallas, of December 6, 1856,) and the obvious fact that it Avould be the interest of all the other powers (having little naval force) to concur in the amendment. (4.) From the fact that since the date of your despatch to me authorizing the acceptance of the four propositions adopted by the congress at Paris, Mr. Sanford, our minister to Belgium, on a visit to England, learned from Mr. Adams that the British government had given, as he understood, general instructions on the subject to Lord Lj^ons; and the impression made on the mind of Mr. Adams, as re- ported to me by Mr. Sanford, was that it was not improbable that England would now, to secure our concurrence in the other propositions, concur in the amendment. That in view of this information, Mr. Adams, who had like instructions with my own, had referred the matter back to be treated of and discussed at Washington. I could not, therefore, at once accept the four propositions, pure and simple, without running the hazard of conflicting with what might be done elsewhere. I will probably receive an answer from Mr. Thouvenel (after he shall h'Kve communicated my proposition to the other powers) before even I shall receive my next despatch on this subject from Washington, which I shall await with some anxiety. * ;{; ;|< jf: ^; * * ;): * The laws, however, in connexion with the practice of the tribunals of France are, I think, as follows: 1. That the captain who accepts a commission from a foreign government and takes command of a cruiser is guilty of a piratical act. 2. That all French subjects enlisting on board of such cruiser, without authority of the Emperor, lose their citizenship, and consequently forfeit their right to the protection of their government. 3. That the principle applied in the French tribunals is unlike that which has been applied in England (and I fear it will be found in the United States) as to harboring privateers; and while their prizes are In a neutral port having them condemned in courts of admiralty of the country licensing such pri- vateer. The laws and practice of the French courts do not admit of this. But these matters, as Mr. Thouvenel now says, must be all left for determi- nation to the tribunals of France. I am happy to say that there is no disposition manifested here, so far as I have observed, to favor the rebellion in our southern States, or to recog- nize them as an independent power. All recognition of rights on their part is for commercial purposes only. But the government of France cannot, it says, look at this rebellion as a small matter. That, embracing as it does a large section and man}^ States, they cannot apply to it the same reasoning as if it were an unimportant matter or confined to a small locality. Mr. Thouvenel says he has had no application from soiithern commissipn- ers for any purpose of recognition, and he does not know even that such persons are or have been in Paris. I send you a cop}' of " Gallignani's Messenger," containing a report of the 218 ANNUAL MESSAGE OF THE PRESIDENT. proceedings of a large and enthusiastic meeting of Americans yesterday at the Hotel du Louvre. With higli consideration, vour obedient servant, WM. L. DAYTON. Hon. WiLLiAi[ H. Skward, Secretary of State. 3Ir. Dayton to Mr. Seward. [Extracts.] No. 11.] • Paris, June — , 1861. Sir: Your despatch (No. 10) was received by me on the 18th instant, and its substance communicated to Mr. Thouvenel on the 19th. On that day I had with him an interesting conversation. I communicated to him the very kind language which you had used in behalf of the President in reference to the Emperor and his willingness to mediate between the north and south, should such mediation be desired. Nothing could have been better expressed than the language of your own despatch ; and, without formally reading it to him, I endeavored to repeat, substantially, its language. Mr. Thouvenel seemed much gratified at its tone, and inasmuch as the Emperor had made like remarks to me personally, I begged that your repl}'' might be specially communicated to him, which was readily promised. This, as you may infer, was the most agreeable part of my duty, as connected with your despatch. • A short editorial in reference to the recognition of the independence of Italy, and in that connexion of the States of the south, which is herewith enclosed, first appeared in the Patrie, (a newspaper published in this city, and which has heretofore had a semi-official character.) It was republished on Sunday last in the " Moniteur" without remark, thus giving it an official significance which would not otherwise have been attached to it. It attracted much attention here, and some anxiety. I resolved that, at the first oppor- tunity, I would seek an explanation from the minister of foreign affairs. After my communication of your kind remarks, before referred to, I availed myself of the opportunity of calling his attention to this matter. He at once said that his own attention had been arrested by it; that it was a "silliness;" that Mr. Persigny (minister of the interior) was more dissatis- fied with it even than he w^as; that the Patrie had ceased, ten days ago, to be a semi-official paper; that he did not know how the paragraph had crept into the Moniteur, but that Count Walewski (minister of state) had been out of the city for ten days past, and that as a consequence matters had not had the usual oversight. He read me a note from the count, in answer to one he (Mr. Thouvenel) had written, inquiring if it would not be better to insert something to show that the paragraph was printed in the Moniteur by mistake, to which note the count replied that he thought it would be giving an unnecessary importance to the matter, and in that view Mr. Thouvenel, upon reflection, concurred. But he said be was vexed at the insertion in the Moniteur, and at the commentaries likelj'' to be made upon it. He said, furthermore, (what he has so often said before,) that the French government had no sympathy whatever with the seceding States of the south; that it had no idea of recognizing them as an independent power; that should they, in the course of time, obtain a status as an independent power among nations, and show themselves able to maintain that posi- ANNUAL MESSAGE OF THE PRESIDENT. 219 tion, the French government might ultimately recognize them ; but this would be after the expiration of a time ample to test their ability in this behalf. He said, incidentally, three or four years, though I do not suppose he intended anything by tiiis, except to explain more fully his meaning. He said, furthermore, he had received Mr. Rost, (one of the commissioners of the south,) who applied to him through a third party; that he had not applied to be received as a commissioner from the soiith; if he had so done he would not have received him. ****** * *:!;******* % sK ******** Mr. Thouvenel referred, in terms of satisfaction, to a private note which he had received from j'ou, through this legation. I have just received a note from Mr. Perry, our charge d'affaires at Madrid, under date of the 16th instant, stating that on the next or following day a decree of that government would be made in reference to privateers and Spanish ports, of a like character, in the general, as that which has been made by the French government. This, in view of the locality of certain ports of Spain, will be an important benefit to us. With a blockade of the ports of the south, and the ports of other nations closed against them, there will be little hope left for profitable marauding on the high seas. I think I may say with some confidence that all the efforts of the agents of the confederates on this side of the channel have thus far been abortive. They have no encouragement to their hopes of recognition. They have met with no success in their attempts to negotiate a loan. I do not believe they have got any considerable supply of arms, and I think that we know substantially ivhat they have done and are attempting to do. My only fear is of a possible, not probable, reverse to our arms in Virginia, and a rush, under the excite- ment of a first victory, upon the city of Washington. Should they get possession, by any possibility, of that point, the prestige it would give them (aside from any strategic advantage) might be productive of most unhappy results. God grant that no such future may hang over us. He *;<;******* ^ *;|< ****:!:** Jfs ********* With much respect, I have the honor to be your obedient servant, WM. L. DAYTON. Hon William H. Seward, Secretary of State. [Translation.] • The "Patrie" says: It is asserted that negotiations will be opened to bring about the re- establishment of diplomatic relations between France and the court of Turin. If tliey take effect, the consequence will bo the recognition of the Italian kingdom, composed of the provinces and states which have passed under the sceptre of his Majesty King Victor Emanuel, at the close of occurrences upon which France has not at this time occasion to express herself, but which have transpired through favor of the principle of non-intervention recognized in Europe. The renewal of diplomatic relations with Turin would not imply on the part of France, on the subject of the policy of the Italian kingdom, any 220 ANNUAL MESSAGE OF THE PRESIDENT. judgment upon the past, nor any solidarity for the future. It would make it appear that the government de facto of this new state is sufficiently es- tablished to render it possible to entertain with it those international rela- tions which the interests of the two countries imperatively require. France, in her new attitude, would not purpose to interfere at all with the internal or external affairs of the Italian kingdom, which must be sole judge of its administration, as it is of its future and its destinies. It will act towards it as at some future day the great European powers will act upon the American question, by recognizing the new republic of the southern States when that republic shall have established a government resting on foundations which will permit the formation of international relations with it conducive to general interests. J/r. Dayton to Mr. Seivard. [Extracts.] No. 9.] Paris, June 1, 1861. Sir: I have the honor to acknowledge the receipt of a circular dated May 6, 1861, giving instructions in respect to granting passports. T understood him (M. Thouvenel) to say an answer could be got within ten or twelve days from the other powers. I was surprised at the briefness of the time stated, but supposed he meant to consult the representatives of those powers at this court; but his remark, ag I am now informed, applied to a consultation with certain of the ministers of the French government only. The statement in the American newspapers, that the Department of State had authorized the acceptance of the Paris treaty of 1856 (if that is understood by Lord Lj^ons to be a distinct acceptance of the treaty, pure and simple) will, I fear, prevent all chance of other terms. The late annun- ciation of the course of the British government, shutting their ports against privateers, (which so much limits the belligerent rights of the so-called Confederate States,) you will consider, perhaps, renders the accession of our government to the treat}' of Paris at this time of less importance than it otherwise would be. I think, from remarks in the New York press, (Herald and Times, and perhaps other prints which I have not seen,) that the force and efficacy of an accession by our goverimient to the treaty of Paris is misunderstood. If I understand the view of these foreign govern- ments, such accession by us would merely bind our hands as respects priva- teering; it would not at all enlarge our rights as against a belligerent power not a parly to the treaty; nor would it bind these European govern- ments to enforce the laws of piracy as against such belligerent power not a party to the treaty. If they admit the Confederate States as a belligerent power, and recognize them for even commercial purposes, (which, I take it, is what they mean to do,) our accession to the treaty of Paris will not change their action on this question. The status of these rebellious States as respects privateering will remain where it was; at least that is the view which I think is and will be taken of this question by England and France. But however this may be, I am happy to know that, in suggesting to the French government the amendment to that treaty, (securing private prop- erty afloat, unless contraband,) I have occasioned no unnecessary delay, in- asmuch as Mr. Adams has referred the whole matter back to Washington, ANNUAL MESSAGE OF THE PRESIDENT. 221 and as soon as you shall act there, or before, upon a Dotificatiou to me, I can act here. With high consideration, I have, &c., WM. L. DAYTON. Hon. Wii. H. Sewaed, Secretary of State. 3Ir. Seivard to Mr. Dayton. No. 13,] Department of State, Washington, June 8, 1861. Sir : Your despatch of May 22d (No. 5) has been received. Your safe arrival at your post of duty in this crisis, when our relations to foreign countries, and especially to P'rance, have assumed a degree of interest and importance never known before since the Constitution was established, is a source of sincere satisfaction. The President approves the sentiments you expressed on your presenta- tion to his Imperial Majesty. The manner in which he received you, and the friendly expressions made by himself, as well as those which were employed by Mr. Thouvenel, although not unexpected, have given us the liveliest satisfaction. We appreciate highly the Emperor's assurance that he would mediate be- tween the government and the insurgents, with a view to the maintenance and preservation of the Union, if such intervention were deemed desirable by us ; and that generous offer imposes a new obligation upon us toward France, which we acknowledge with sincere pleasure. If mediation were at all admissible in this grave case, that of his Majesty would not be declined. But the present paramount duty of the government is to save the integrity of the American Union. Absolute, self-sustaining inde- pendence is the first and most indispensable element of national existence. This is a republican nation ; all its domestic affairs must be conducted and even adjusted in constitutional republican forms and upon constitutional republican principles. This is an American nation, and its internal affairs must not only be conducted with reference to its peculiar continental posi- tion, but by and through American agencies alone. These are simple ele- mentary principles of administration, no one of which can be departed from with safety in any emergency whatever ; nor could it be departed from with the public consent, which rightfully regulates, through constitutionally con- stituted popular authorities, the entire business of the government. I have set them forth in no invidious, uncharitable, or ungenerous spirit. I state them fairly and broadly, because I know the magnanimity of the Em- peror of France, and I know that he can appreciate directness and candor in diplomacy. I know, moreover, that he is a friend of the United States, aud desires that they may continue one great and independent nation forever. I know still further, that the principles I have thus stated will commend them- selves to his own great wisdom. To invite or to accept mediation would be incompatible with these principles. When all this has been said, jou will then further say to Mr. Thouvenel, or to the Emperor, that if any mediation were at all admissible it would be his own that we should seek or accept. Tou may sa}', at the same time, that this government has no apprehension whatever of its being unable to conduct our domestic affairs through this crisis to a safe conclusion ; that consummation is even not far distant, if 222 ANNUAL MESSAGE OF THE PRESIDENT. foreign powers shall practice towards us the same forbearance from inter- vention which we have habitually practiced towards them in emergencies similar to our own ; that intervention by them would only protract and aggravate the civil war in which we are unhappily engaged ; that civil war is a scourge to which we are more sensitive than any other people, but that the preservation of national unity, which is national existence, recon- ciles us to every form of difQculty and to the longest possible endurance of the trial in which we are engaged. Other subjects mentioned in your despatch will be the subject of a special communication after we shall have received the information from the French government which Mr. Thouvenel told Mr. Sanford that he should send with very little delay. It seems desirable to have the positions of the French government in regard to our affairs, as stated by itself, before we answer to inquiries bearing on the subjects to be discussed, which were referred to us through the conversation which took place at the time of your reception. I am, sir, respectfully, your obedient servant, WILLIAM H. SEWARD. William L. Daytox, Esq., &c., &c. &c., Paris. P. S. — I enclose a copy of a note of this date to Lord Lyons, which will dispel any uncertainty which the French government may entertain in regard to our recognition of a rule of international law which they may deem im- portant. Mr. Dayton to Mr. Seward. [Extracts.] No. 10.] Paris, June 12, 1861. Sir : Your despatch (No. 10) was duly received on the 9th instant, and, by the same steamer, certain enclosures which were delivered by me to Mr. Sanford as directed. Your despatch (which is of great interest) was likewise handed by me to Mr. Sanford, to be read and copied if desired, with strict injunctions as to the necessary care to prevent all premature exposure of its contents. * * You will observe in the first column of " Le Moniteur Universel" (a copy of which is herewith sent) that his Majesty the Emperor of the French, has published a formal declaration, setting out the principles by which this gov- ernment will be controlled in respect to vessels of war or privateers of the United States and of those who assume to have formed ( " pretendent formei") a separate confederation. These principles are substantially the same as those set forth in my despatch No. 5, and, if they are thoroughly carried out by this government, I do not see that much danger can arise to our commerce from French subjects, or any facilities afforded by French ports. Indeed, if , the insurrectionists of the south are recognized as belligerents, I do not see how we can justly ask or expect the French government to go further against the pretended confederacy than it has gone in this declaration. That part of the declaration which puts the vessels of the United States in the same category as the vessels of the Confederate States, may, I think, be justly complained of ; but this grows almost necessarily out of the recog- nition of those States as belligerents. France has placed upon their rights as belligerents (as it seems to me) the utmost limitation that she could put ANNUAL MESSAGE OF THE PRESIDENT. 223 upon them, consistently with the recognition of such rights at all. She has done this, moreover, without offensive promulgation of sympathy with the southern rebels either upon the part of the government or its statesmen, but with expressions of kindness and respect for us throughout. I have not yet received from Mr. Thouvenel an answer to my written proposition to open negotiations for the accession of the United States to the treaty of Paris of 1856. A copy of that written proposition, marked A, is hereunto attached. The European press, so far as I have observed, take it for granted that the accession of the United States to that treaty would not at all alter the rela- tions of the several powers to the so-called southern confederacy. A treaty cannot of itself alter the law of nations, although it may restrict the rights of those States which become parties to it. The treaty of Paris certainly did not prevent the United States, while no party to it, from issuing letters of marque, nor would the accession of the United States to such treat}'' pre- vent the confederates of the south from doing the same thing if they are recognized by other nations as a belligerent power. The whole difficulty, every subsequent right which has been conceded to the confederates, grows out of that recognition. It is doubtful, perhaps, whether the other powers will, under the circum- stances, negotiate for the accession of the United States at this time to the treaty in question ; but should they do so, it will be with the understand- ing, I take it, that it imposes no new duties upon them growing out of our domestic controversy. I beg pardon, however, for these suggestions. They may, perhaps, be considered a little beyond the line of my official duties. * ;^ >;: >!« * ^ With high consideration, I have the honor to be your obedient servant, WM. L. DAYTON. Hon. William H. Seward, Secretary of State, &c. Paris, May 31, 1861. Sir: In conformity with the verbal promise I gave at our last conference, 1 now have the honor to propose to your excellency an accession, on the part of the United States of America, to " the declaration concerning maritime law," adopted by the plenipotentiaries of France, Great Britain, Austria, Prussia, Russia, Sardinia, and Turkey, at Paris, on the 16th of April, 1856, with the addition to the first clause, which declares "privateering is and remains abolished," of the following words: "And the private property of the subjects or citizens of a belligerent on the high seas shall be exempted from seizure by public armed vessels of the other belligerent, unless it be contraband." Thus amended I will immediately sign a convention on the part of the United States, acceding to the declaration, which will, I doubt not, be promptly ratified and confirmed by m^' government. With much respect, I have the honor to be your very obedient servant, WM. L. DAYTON. His Excellency Monsieur Thouvexel, Minister cf Foreign Affairs. 224 ANNUAL MESSAGE OF THE PRESIDENT. Mr. Seward to Mr. Dayton. No. 19.] Department of State, Washington, June 1*1, 1861. Sir: Every instruction -whicli this government has given to its repre- sentatives abroad, since the recent change of administration took place, has expressed our profound anxiety lest the disloyal citizens who are engaged in an attempt to overthrow the Union should obtain aid and assistance from foreign nations, either in the form of a recognition of their pretended sovereignty, or in some other and more qualified or guarded manner. Every instruction has expressed our full belief that, without such aid or assistance, the insurrection would speedily come to an end, while any advantage that it could derive from such aid or assistance could serve no other purpose than to protract the existing struggle and aggravate the evils it is inflicting on our own country and on foreign and friendly nations. Every instruction bears evidence of an earnest solicitude to avoid even an appearance of menace or of want of comity towards foreign powers; but at the same time it has emphatically announced, as is now seen to have been necessary, our purpose not to allow any one of them to expect to remain in friendship with us if it should, with whatever motive, practically render such aid or assistance to the insurgents. We have intended not to leave it doubtful that a concession of sovereignty to the insurgents, though it should be indi- rect or unofficial, or though it should be qualified so as to concede only belligerent or other partial rights, would be regarded as inconsistent with the relations due to us by friendly nations. Nor has it been left at all uncert.^in that we shall, in every event, insist that these United States must be considered and dealt with now, as heretofore, by such nations as exclu- sively sovereign for all purposes whatsoever within the territories over which the Constitution has been extended. On the other hand we have not, at any time, been unmindful of the peculiar circumstances which might excite apprehensions on the part of commercial nations for the safety of their subjects and their property in the conflicts which might occur upon sea as well as on land between the forces of the United States and those of the insurgents. The United States have never disclaimed the employment of letters of marque as a means of maritime war. The insurgents early announced their intention to commission privateers. We knew that friendly nations would be anxious for guarantees of safety from injury by that form of depredation upon the national commerce. We knew also that such nations would desire to be informed whether their flags should be regarded as protecting goods, not contraband of war, of disloyal citizens, found under them, and whether the goods, not contraband, of subjects of such nations would be safe from confiscation when found in vessels of disloyal citizens of the United States. This administration, free from some of the complications of those which had preceded it, promptly took up the negotiations relating to the declaration of the congress of Paris, just at the point where they had been suspended by President Buchanan. We found it just and humane in itself so far as it goes, and that it had only failed to be accepted by the United States because foreign nations had refused to accept an additional principle pro- posed by this government, yet more just and humane than any which it does contain, namely, that the property of private citizens, not contraband, should be exempted from confiscation in maritime war. AVhile still willing and desirous to have that further principle incorporated in the law of nations, we nevertheless instructed you, and all our representatives in foreign coun- tries, to waive it, if necessary, and to stipulate, subject to the concurrence ANNUAL JMESSAGE OF THE PRESIDENT. 225 of the Senate of the United States, our adhesion to the declaration of the congress of Paris as a whole and unmodified. This was done so early as the 25th da}'^ of April last, long before the date of the instructions which Mr. Mercier proposed to submit to us. We have ever since tliat time been waiting for the responses of foreign powers to this high and liberal demon- stration on our part. We have, however, received no decisive answers on the subject from those powers. It was under these circumstances that on the fifteenth day of June in- stant, the minister from France and the minister from Great Britain, having previously requested an interview, were received by me. Each of them announced that he was charged by his government to read a despatch to me and to give me a copy if I should desire it. I answered that, owing to the peculiar circumstances of the times, I could not consent to an ofiicial reading or delivery of these papers without first knowing their characters and objects. They confidentially and with entire frankness put the despatches into my hands for an informal preliminary ex- amination. Having thus become possessed of their characters, I replied to those ministers that I could not allow them to be ofiBcially communicated to this government. They will doubtless mention this answer to their respective states. I give you now the reasons of this government for pursuing this course in regard to the despatch from France, that you may communicate them to the French government, if you shall find it necessary or expedient. Some time ago we learned through our legation at St. Petersburg that an understanding had been effected between the governments of Great Britain and France that they should take one and the same course on the subject of the political disturbances in this country, including the possible recognition of the insurgents. At a later period this understanding was distinctly avowed by Mr. Thouvenel to Mr. Sanford, who had been informally intro- duced by me to the French minister for foreign affairs, and by Lord John Kussell to Mr. Dallas, our late minister in London. The avowal in each case preceded the arrival of our newly appointed ministers in Europe, with their instructions for the discharge of their respective missions. On receiving their avowals I immediately instructed yourself and Mr, Adams "that although we might have expected a different course on the part of these two great powers, yet, as the fact that an understanding existed between them did not certainly imply an unfriendly spirit, we should not complain of it, but that it must be understood by the French and British governments that we shall deal hereafter, as heretofore, in this case, as. in all others, with each power separately, and that the agreement for concerted action between them would not at all influence the course we should pursue." The concert thus avowed has been carried out. The ministers came to me together; the instructions they proposed to me differ in form, but are counter- parts in effect. Adhering to our previous decision, which before this time has doubtless been made known to the government of France, we do not make this con- cert, under the circumstances, a reason for declining to hear the instruction with which Mr. Mercier is charged. That paper does not expressly deny the sovereignty of the United States of America, but it does assume, inconsistently with that sovereignty, that the United States are not altogether and for all purposes one sovereign power, but that this nation consists of two parties, of which, this govern- ment is one. France proposes to take cognizance of both parties as bellige- ents, and for some purposes to hold communication with each. The instruction would advise us indeed that we must not be surprised if France shall address herself to a government which she says is> t43.be installed at Ex Doc. 1 15 226 AJVfNUAX, MESSAGE OF THE PRESIDENT. Montgomery, for certain explanations. This intimation is conclusive in determining this government not to allow the instruction to be read to it. The United States rightly jealous, as we think, of their sovereignty, cannot suffer themselves to debate any abridgement of that sovereignty with France or with any other nation. Much less can it consent that France shall announce to it a conclusion of her own against that sovereignly, which conclusion France has adopted without any previous conference with the United States on the subject. This government insists that the United States are one whole undivided nation, especially so far as foreign nations are concerned, and that France is, by the law of nations and by treaties, not a neutral power between two imaginary parties here, but a friend of the United States. In the spirit of this understanding of the case, we are not only not wishing to seek or to give offence to France, but, on the contrary, we desire to preser ve peace and friendship with that great power, as with all other nations. We do not feel at liberty to think, and do not think, that France intended any want of consideration towards the United States in directing that the instruction in question should be read to us. Outside of that paper we have abundant evidence of the good feeling and good wishes of the Emperor, and even his anxious solicitude for the same consummation which is the supreme object of our own desires and labors, namely, the preservation of the American lUnion in its full and absolute integrity. Doubtless the proceeding has been the result of inadvertence. We feel ourselves at liberty to think that it would not have occurred if we had been so fortunate as to have been heard through you in the consultations of the French government. We think we can easily see how the inadvertence has occurred. France seems to have mistaken a mere casual and ephemeral in- surrection here, such as is incidental in the experience of all nations, because all nations are merely human societies, such as have sometimes happened in the history of France herself, for a war which has flagrantly separated this nation into two co-existing political powers which are contending in arms against each other after the separation. It is erroneous, so far as foreign nations are concerned, to suppose that any war exists in the United States. Certainly there cannot be two bellig- erent powers where there is no war. There is here, as there has always been, .one political power, namely, the United States of America, competent to make war and peace, and conduct commerce and alliances with all foreign nations. There is none other, either in fact, or recognized by foreign nations. There is, indeed, an armed sedition seeking to overthrow the government, and the government is employing military and naval forces to repress it. But these facts do not constitute a war presenting two belligerent powers, and modifying the national character, rights, and responsibilities, or the characters, rights, and responsibilities of foreign nations. It is true that insurrection may ripen into revolution, and that revolution thus ripened may extinguish a previously existing State, or divide it into one or more inde- pendent States, and that if such States continue their strife after such division, then there exists a state of war affecting the characters, rights, and duties of all parties concerned. But this only happens when the revolution has run its successful course. The French government says, in the instruction which has been tendered to us, that certain facts which it assumes confer upon the insurgents of this country, in the eyes of foreign powers, all the appearances of a government de facto, wherefore, whatever may be its regrets, the French government must consider the two contending parties as employing the forces at their disposal in conformity with the laws of war. This statement assumes not only that the law of nations entitles any ANNUAL MESSAGE OF THE PRESIDENT. 227 insurrectionaiy faction, when it establishes a de facto government, to be treated as a belligerent, but also that the fact of the attainment of this status is to be determined by the appearance of it in the eyes of foreign nations. If we should concede both of these positions, we should still insist that the exist- ence of a de facto government, entitled to belligerent rights, is not estab- lished in the present case. We have already heard from most of the foreign nations. There are only two which seem so to construe appearances, and France is one of them. Are the judgments of these two to outweigh those of all other nations ? Doubtless each nation may judge and act for itself, but it certainly cannot expect the United States to accept its decision upon a question vital to their national existence. The United States will not refine upon the question when and how new nations are born out of existing nations. They are well aware that the rights of the States involve their duties and their destinies, and they hold those rights to be absolute as against all foreign nations. These rights do not at all depend on the appear- ances which their condition may assume in the eyes of foreign nations, whether strangers, neutrals, friends, or even allies. The United States will maintain and defend their sovereignty throughout the bounds of the republic, and they deem all other nations bound to respect that sovereignty until, if ever, Providence shall consent that it shall be successfully overthrown. Any system of public law or national morality that conflicts with this would resolve society, first in this hemisphere and then in the other, into anarchy and chaos. This government is sensible of the importance of the step it takes in declining to hear the communication the tender of which has drawn out these explanations. It believes, however, that it need not disturb the good relations which have so long and so happily subsisted between the United States and France. The paper, as understood, while implying a disposition on the part of France to accord belligerent rights to the insurgents, does not name, specify, or even indicate one such belligerent right. On the other hand, the rights which it asserts that France expects, as a neutral, from the United States, as a belligerent, are even less than this government, on the 25th of April, instructed you to concede and guaranty to her by treaty, as a friend. On that day we ofl'ered to her our adhesion to the declaration of Paris, which contains four propositions, namely: 1st. That privateering shall be abolished. 2d. That a neutral flag covers enemy's goods not contraband of war. 3d. That goods of a neutral, not contraband, shall not be confiscated though found in an enemy's vessel. 4th. That blockades, in order to he lawful, must be maintained by competent force. We have always, when at war, conceded the three last of these rights to neutrals, a fortiori, we could not when at peace deny them to friendly nations. The first-named concession was pro- posed on the grounds alread}^ mentioned. We are still ready to guarantee these rights, by convention with France, whenever she shall authorize either you or her minister here to enter into convention. There is no reservation or difficulty about their application in the present case. We hold all the citizens of the United States, loyal or disloyal, alike included by the law of nations and treaties; and we hold ourselves bound by the same obligations to see, so far as may be in our power, that all our citizens, whether main- taining this government or engaged in overthrowing it, respect those rights in favor of France and of every other friendly nation. In any case, not only shall we allow no privateer or national vessel to violate the rights of friendly nations as I have thus described them, but we shall also employ all our naval force to prevent the insurgents from violating them just as much as we do to prevent them from violating the laws of our own country. 228 ANNUAL JtlESSAGE OF THE PRESIDENT. What, then, does France claim of us that we do not accord to her? Nothing. What do we refuse to France by declining to receive the com- munication sent to us through the hands of Mr. Mercier? Nothing but the privilege of telling us that we are at war, when we maintain we are at peace, and that she is a neutral, when we prefer to recognize her as a friend. Of course, it is understood that on this occasion we reserve, as on all others, our right to suppress the insurrection by naval as well as by mili- tary power, and for that purpose to close such of our ports as have fallen or ma}^ fall into the hands of the insurgents, either directly or in the more lenient and equitable form of a blockade, which for the present we have adopted. It is thus seen that there is no practical subject of diiference between the two governments. The United States will hope that France will not think it necessary to adhere to and practice upon the speculation concerning the condition of our internal affairs which she has proposed to communicate to us. But however this may be, the United States will not anticipate any occasion for a change of the relations which, with scarcely any interruption, have existed between the two nations for three-quarters of a century, and have been very instrumental in promoting, not merely the prosperity and greatness of each State, but the cause of civil and religious liberty and free institutions throughout the world. This government undei'stands equally the interest of friendly nations and its own in the present emergency. If they shall not interfere, the attempt at revolution here will cease without inflicting serious evils upon foreign nations. All that they can do by any interference, with a view to modify our action, will only serve to prolong the present unpleasant condition of things, and possibly to produce results that would be as universally calamitous as they would be irretrievable. The case, as it now stands, is the simple, ordinary one that has happened at all times and in all countries. A discontented domestic faction seeks for- eign intervention to overthrow the Constitution and the liberties of its own country. Such intervention, if yielded, is ultimately disastrous to the cause it is designed to aid. Every uncorrupted nation, in its deliberate moments, prefers its own integrity, even with unbearable evils, to division through the power or influence of any foreign State. This is so in France. It is not less so in this country. Down deep in the heart of the American people — deeper than the love of trade, or of freedom — deeper than the attachment to any local or sectional interest, or partizan pride or individual ambition — deeper than any other sentiment — is that one out of which the Constitution of this Union arose, namely, American independence — independence of all foreign control, alliance, or influence. Next above it lies the conviction that neither peace, nor safety, nor public liberty, nor prosperity, nor greatness, nor empire, can be attained here with the sacrifice of the unity of the people of North America. Those who, in a frenzy of passion, are building expecta- tions on other principles do not know what they are doing. Whenever one part of this Union shall be found assuming bonds of dependence or of frater- nity towards any foreign people, to the exclusion of the sympathies of their native land, then, even if not before, that spirit will be reawakened which brought the States of this republic into existence, and which will preserve them united until the common destiny which it opened to them shall be fully and completely realized. I am, sir, respectfully, your obedient servant, WILLIAM H. SEWARD. William L. Dayton, Esq., dc, &€., &c. ANNUAL MESSAGE OF THE PEESIDENT. 229 Mr. Seward to 3Ir. Dayton. [Extracts.] No. 22.] Department of State, Washington, June 22, 1861. Sir: Your answer to offers of service and of maieriel of war seems to have been judicious. If the War Department should find need for the latter, it will commission proper agents. As for the former, the offers for military service, and by our own citizens, surpass equally our calls and our needs. Colontd Frdmont's purchases are thankfully approved, and the drafts of yourself and Mr. Adams, mentioned by you, will be accepted. The President expresses great satisfaction with the promptness and decision manifested by you in the matter. We wish to act singl}' and in good faith with the French government. We understand, and shall continue to understand, that France does not concede belligerent rights to the insurgents in contravention of our sovereignty. We shall insist that she does nothing adverse to our position, whatever may be said to the contrary. She has proposed to tell us that she thinks the confederate States are en- titled to belligerent rights. We have declined to hear that. We have not heard it. We shall continue to regard France as respecting our government, throughout the whole country, until she practically acts in violation of her friendly obligations to us, as we understand them. When she does that, it will be time enough to inquire whether, if we accede to the treaty of Paris, she could, after that, allow pirates upon our commerce shelter in her ports; and what our remedy then should be. We have no fear on this head. We are dealing now as a nation at peace with France as a friend. We have told her that we shall not consent to her change of this relation. She knows, distinctly, if she accepts our adhesion to the declaration of the congress of Paris, the ground on which it is given by us. While saying this, however, we also confess that our solicitude on the subject is not so intense now, since the responsibility for the next step remains with France and not with us. Still we wish you to act directly and frankl^'^, being always ready to per- form all we have offered. This despatch is strictly confidential, I am, sir, respectfully, your obedient servant, WILLIAM H. SEWARD. 3fr. Dayton to Mr. Seward. [Extracts .] Paris, June 22, 1861, Sir: I have the honor to enclose to you a copy of the reply of Mr. Thou- venel to my proposition, on the part of the United States, to open negotia- tions for its accession to the treaty of Paris of 1856, according to the terms therein stated. In our first conversation upon this subject, I understood from Mr. Thou- 230 ANNUAL MESSAGE OF THE PRESIDENT. venel that on a written proposition from me for negotiation he would ad- dress the other powers (parties to the treaty) upon the subject. That a note from me would afford him a starting point for communicating with such powers. Upon further reflection, or upon conference with his associates in the government, he now writes that it will be necessary that I address myself jointly (if I understood him rightly) to all the powers associated in that treaty, before my proposition can be considered. Our condition as respects privateering and the belligerent rights conceded to the south has been so changed by the action of Great Britain, France and Spain, subsequent to the first declaration of Lord John Russelll, (stating that such belligerent rights would be conceded,) that I know not what may be the views of the government of the United States at this time as respects an accession to the treaty of 1856, pure and simple. But as I have learned that nothing substantially has been done in that direction at other points, and I do not see that the interests of the country will be jeoparded by a little delay, I shall await further instructions upon this subject. My first despatch referring to this matter was dated 22d of May last, and I doubt not I shall now receive an answer at an early day. If the government of the United States shall, in view of the circumstances, direct me to make the proposition to the French government to accede to the Paris treaty, pure and simple, I will, acting under such express direction, lose no time in making the proposition. ****** With high consideration, I am yours, very truly, WM. L. DAYTON. Hon. William H. Seward, Secretary of State. Mr. Dayton to Mr. Seward. [Extract.] No. U.] Paris, June 28, 1861. Sir: Your despatches (Nos. 13 and 14) are duly received. The copy of your letter to Lord Lyons, recognizing the rights of neutrals to property taken in vessels of the insurgents, will be communicated on the first oppor- tunity to Mr. Thouvenel. This will relieve any doubts the French gov- ernment may have had heretofore on this subject. * * * Ti,g Emperor and most of the ministers being in the country, and the legislative chambers about to adjourn, there is little probability of anything of interest occurring here at an early day, unless something shall occur in America which shall give rise to it. With much respect, I am yours, very truly, WM. L. DAYTON Hon. Wm. H. Seward, Secretary of State. ANNUAL MESSAGE OF THE PRESIDENT. 231 Mr. Seward to Mr. Dayton. [Extracts.] No. 26.] Department of State, Washington, July 6, 1861. Sir: Your despatch No. 11, dated on the day of Juue ultimo, has been received. The President is highly gratified by the disposition which Mr. Thouvenel has made of the application of the agents of the insurrectionists for recogni- tion of their pretended revolution. What you have reported to us in this respect is happily confirmed in even more emphatic language by the com- munication which Mr. Mercier has made to us to-day under instructions from his government. We are pleased that you called Mr. Thouvenel's attention to the mis- chievous paragraph in the Moniteur, because it has drawn out renewed and most satisfactory assurances of the friendly feelings and good wishes of tlie gov3rnment of France. At the same time, it is but just to ourselves that you shall now inform Mr. Thouvenel that it is our settled habit never to overhear what the press, or the ministers, or even the monarch of a foreign cour.try with which we are in amity, says concerning us, and never to ask any explanations so long as such observations are not directly communicated by the government itself to us, and it, at the same time, discharges all its customary functions without hostilit}' or injury to us. Our reasons for this are that we know, first, there are state necessities which do not always per- mit, in any country, the practice of entire fraukness concerning foreign questions; secondly, that unguarded and inconsiderate expressions, even by persons in high authority, ought not to disturb established and harmonious relations between friendly nations; and, thirdly, that we know that the maintenance of our rights and character depend, as they ought, chiefly on our own fidelity to ourselves, and very little on the favorable opinion of even the most candid and liberal nations. Friendship towards, and confidence in, the good will of France towards us are settled habits of mind on the part of the American people. If anything is hastily written or spoken on either side that would seem to indicate a difierent sentiment, it is wise to let it pass without sensibility, and certainly without querulous animadversion. Mr. Burlingame will, before this time, have been advised of his appoint- ment as minister to China. His delay at Paris is approved in consideration of the peculiar circumstances of the case. 1 am, sir, respectfully, your obedient servant, WILLIAM H. SEWARD. William L. Dayton, Esq., &c., &c., &c. Mr. Seward to Mr. Dayton. No. 27.] Department or State, Waahington, July 6, 1861. Sir: Your despatch No 12 (dated June 22) has been received. It relates to our proposition for accession to the declaration of Paris. This 232 ANNUAL MESSAGE OF THE PRESIDENT. affair has become very much complicated, by reason of the irregular and extraordinary proceeding- of the French government in proposing to take notice of the domestic disturbance which has occurred in this country. I do not know that even now I can clear the matter up effectually without knowing what may be the result of tlie conmiunication which, in my despatch No. 19, I instructed you to make to the French gov- ernment. I will try, nevertheless, to do so. The instructions contained in my despatch No. 4, dated 24th of April last, required you to tender to the French government, without delay, our adhesion to the declaration of the congress of Paris, pure and simple. The reason why we wished it done immediately was, that we sup}X)sed the French government would naturally feel a deep anxiety about the safety of their commerce, threatened distinctly with privateering by the insurgents, while at the same time, as this government had heretofore persistently de- clined to relinquish the right of issuing letters of marque, it would be appre- hended by France that we too should take up that form of maritime warfare in the present domestic controversy. We apprehended that the danger of such a case of depredation upon commerce equally by the government itself, and by its enemies, would operate as a provocation to France and other commercial nations to recognize the insurrectionary party in violation of our national rights and sovereignty. On the contrary, we did not desire to depredate on friendly commerce ourselves, and we thought it our duty to prevent such depredations by the insurgents by executing our own laws, which make privateering by disloyal citizens piracy, and punish its pursuit as such. We thought it wise, just, and prudent to give, unasked, guarantees to France and other friendly nations for the security of their commerce from exposure to such depredations on either side, at the very moment when we were delivering to them our protest against the recogni- tion of the insurgents. The accession to the declaration of Paris would be the form in which these guarantees could be given — that for obvious reasons must be more unobjectionable to France and to other commercial nations than any other. It was safe on our part, because we tendered it, of course, as the act of this federal government, to be obligatory equally upon disloyal as upon loyal citizens. The instructions waived the Marcy amendment, (which proposed to exempt private property from confiscation in maritime war, ) and required you to pro- pose our accession to the declaration of the congress of Paris, pure and simple. These were the reasons for this course, namely: First. It was as well under- stood by this government then, as it is now by yourself, that an article of that celebrated declaration prohibits every one of the parties to it from negotiating upon the subject of neutral rights in maritime warfare with any nation not a party to it, except for the adhesion of such outstanding party to the declaration of the congress of Paris, pure and simple. An attempt to obtain an acceptance of Mr. Alarcy's amendment would require a negotiation not merely with France alone, but with all the other original parties of the congress of Paris, and every government that has since acceded to the declaration. Nay, more: we must obtain their unanimous consent to the amendment before being able to commit ourselves or to en- gage any other nation, however well disposed, to commit itself to us on the propositions actually contained in the declaration. On the other hand, each nation which is a party to the declaration of Paris is at liberty to stipulate singly with us for acceptance of that declaration for the government of our neutral relations. If, therefore, we should waive the Marcy proposition, or leave it for ultimate consideration, we could establish a complete agreement between ourselves and France on a subject which, if it should be left open, ANNUAL MESSAGE OF THE PEESIDENT. 233 might produce consequences very much to be deprecated. It is almost unnecessary to say that what we proposed to France was equally and simul- taneously proposed to every other maritime power. In this way we ex- pected to remove every cause that any foreign power could have for the recognition of the insurgents as a belligerent power. The matter stood in this plain and intelligible way until certain declara- tions or expressions of the French government induced you to believe that they would recognize and treat the insurgents as a distinct national power for belligerent purposes. It was not altogether unreasonable that you, being at Paris, should suppose that this government would think itself obliged to acquiesce in such a course by the government of France. So assuming, you thought that we would not adhere to our proposition to accede to the declaration, pure and simple, since such a course would, as you thought, be effective to bind this government without binding the insurgents, and would leave France at liberty to hold us bound, and the insurgents free from the obligations created by our adhesion. Moreover, if we correctly understand your despatch on that subject, you supposed that you might propose our adhesion to the treaty of Paris, not pure and simple, but with the addition of the Marcy propositiou in the first instance, and might afterwards, in case of its being declined in that form, withdraw the addition, and then propose our accession to the declaration of Paris, pure and simple. While you were acting on these views on your side of the Atlantic, we on tliis side, not less confident in our strength than in our rights, as you are now aware, were acting on another view, which is altogether different, namely, that we shall not acquiesce in any declaration of the government of France that assumes that this government is not now, as it always has been, exclusive sovereign, for war as well as for peace, within the States and Territoi'ies of the federal Union, and over all citizens, the disloyal and loyal all alike. We treat in that character, which is our legal character, or we do not treat at all, and we in no way consent to compromise that character in the least degree; we do not even suffer this character to become the subject of discussion. Good faith and honor, as well as the same expediency which prompted the prolTer of our accession to the declara- tion of Paris, pure and simple, in the first instance, now require us to adhere to that proposition and abide by it; and we do adhere to it, not, however, as a divided, but as an undivided nation. The proposition is tendered to France not as a neutral but as a friend, and the agreement is to be obliga- tory upon the United States and France and all their legal dependencies just alike. The case was peculiar, and in the aspect in which it presented itself to you portentous. We were content that you might risk the experi- ment, so, however, that you should not bring any responsibility for delay upon this government. But you now see that by incorporating the Marcy amendment in your proposition, you have encountered the very difficulty which was at first foreseen by us. The following nations are parties to the declaration of Paris, namely : Baden, Bavaria, Belgium, Bremen, Brazils, Duchy of Brunswick, Chili, the Argentine Confedera- tion, the Germanic Confederation, Denmark, the two Sicilies, the Re- public of the Equator, the Roman States, Greece, Guatemala, Hayti, Ham- burgii, Hanover, the two Hesses, Lubeck, Mecklenburgh Strelitz, Mecklen- burgh Schwerin, Nassau, Oldenburgh, Parma, Holland, Peru, Portugal, Saxony, Saxe Altenburgh, Saxe Coburg Gotha, Saxe Meiningen, Saxe Weimar, Sweden, Switzerland, Tuscany, Wurtemburg, Anhault Dessau, Modena, New Granada, and Uruguay. 234 AOTfUAL MESSAGE OF THE PRESIDENT. The great exigency in our affairs will have passed away — for preserva- tion or destruction of the American Union — before we could bring all these nations to unanimity on the subject, as you have submitted it to Mr. Thouvcnel. It is a time not for propagandism, but for energetic acting to arrest the worst of all national calamities. We therefore expect you now to renew the proposition in the form originally prescribed. But in doing this you will neither unnecessarily raise a question about the character in which this government acts, (being exclusive sovereign,) nor, on the other hand, in any way compromise that character in any degree. Whenever such a question occurs to hinder you, let it come up from the other party in the negotiation. It will be time then to stop and wait for such further in- structions as the new exigency may require. One word more. You will, in any case, avow our preference for the proposition with the Marcy amendment incorporated, and will assure the government of France that whenever there shall be any hope for the adoption of that beneficent feature by the necessary parties, as a principle of the law of nations, we shall be ready not only to agree to it, but even to propose it, and to lead in the necessary negotiations. This paper is, in one view, a conversation merely between j^ourself and us. It is not to be made public. On the other hand, we confide in your discretion to make such explanations as will relieve yourself of embarrass- raents, and this government of any suspicion of inconsistency or indirection in its intercourse with the enlightened and friendlj^ government of France. I am, sir, respectfully, your obedient servant, WILLIAM H. SEWARD. William L. Dayton, Esq., <&c., &c., &c. Mr. Dayton to Mr. Seward. [Extract.] No. 15.] Paris, July 5, 1861. Since writing the above I have received your despatches, Nos. 12, 19, and 20 I infer, from the contents of No. 19, that Mr. Mercier is aware of your original instructions to me on the subject of an accession to the treaty of Paris of 1856, and that you hold yourself open to negotiate with him there on that subject. As Mr. Adams has referred this question back to be treated of at Washington, and it is evident, I think, that Great Britain and France will act upon advisement at least with each other, it seems to me that it will be more convenient, in every respect, that you should take charge of the whole question at Washington, rather than have it dealt with by difi'erent persons, at the same time, each ignorant to a great extent of the action of the other. Besides, it is due to frankness to say that, if a convention is to be negotiated for an accession by the United States to the treaty of Paris, without amendment to the first clause, I would prefer it should be done at Washington rather than Paris. Still, I hold mj'self subject to the orders of the government in this as in other matters. I have already said I should await further instructions from your department on this subject. With much respect, I have the honor to be, truly yours, WILLIAM L DAYTON. Hon. William H. Seward, Secretary of State. AlfNUAL MESSAGE OF THE PRESIDENT. 235 Mr, Dayton to Mr. Seward. [Extracts.] No. 21.] Paris, Juhj 22, 1861. Sir: Your despatches, Nos. 24 and 25, are duly received. Despatches 19, 22, and 24, treat iu whole or in part of the same general matter. I have read despatch No. 19 with great interest. It had not occurred to me that you might deny to France and Great Britain an official reading of their despatches which announced to our government their concession of belligerent rights to the south; or tiiat, if you should do so, it would alter the relations of parties to the question. If it has that effect diplomatically^, or relieves you from noticing their position, you were certainly right. Indeed, I cannot see how, upon the ground that you put the matter, France has just cause of offence. You say merely you want no notice of a piwpose by her to do what you consider an unfriendly act; that you will wait until the act is done before you choose to notice it; that, in other words, you choose to consider her as a friend until she shows herself by acts, not words, to be the contrary. ****** The reasons assigned for your course you say I may communicate to the French government if I " shall find it necessary or expedient." I shall not fail to avail myself of this authority upon the earliest opportunity which shall be afforded for doing so. The just reasoning and friendly tone of your despatch will be invaluable for justification of your course and the pre- vention of difficulties. Unless, however, they refer to your action or make it a subject of complaint, it is, I suppose, not expedient for me to volunteer explanations. I was much surprised by one fact found in the despatch from the French government left with you for an informal reading, to wit: that you must not be surprised if France should address herself to a government which she says is to be installed at Montgomery for certain explanations. I could not have anticipated, from what had been said to me here, that such a course was in contemplation. Should they adopt it, the act would seem to me to approximate a recognition in this instance of the southern govern- ment more nearlj^ than anything that has yet occurred. In that event, your future course will, no doubt, be guided hj that wisdom which is so essential to carry us through the troubles of our present position. * * * With much respect, I have the honor to be your obedient servant, WM. L. DAYTON. Hon. Wm. H. Seward, Secretary of State. Mr. Seicard to Mr. Dayton. [Extract.] No. 30.] Departmext of State, Washington, July 26, 1861. The President is not impatient about the negotiations concerning neutral rights. We trust that we have kept our own position right and clear. You will probably find some anxiety on the part of the French govern- ment concerning a law which has passed Congress authorizing the President 236 ANNUAL MESSAGE OF THE PRESIDENT. to close the ports held by the insurgents. I send you a copy of my instruc- tions to Mr. Adams on that subject, which you will receive for your own government in that matter. I am, &c., William L. Dayton, Esq., Sc, Sc, &c. WILLIAM H. SEWARD. Mr. Seward to Mr. Day Ion. [Extract.] No. 3L] Department of State, Washington, July 30, 186 L U j-p B^fC JjC Tf. ^ 5^ 5jC yfi. 3)C You will receive the account of a deplorable reverse of our arms at Manassas. For a week or two that event will elate the friends of the insurgents in Europe as it confounded and bewildered the friends of the Union here for two or three days. The shock, however, has passed away, producing no other results than a resolution stronger and deeper than ever to maintain the Union, and a prompt and effective augmentation of the forces for that end exceeding what would otherwise have been possible. The heart of the country is sound. Its temper is now more favorable to the counsels of de- liberation and wisdom. I am, sir, respectfully, your obedient servant, WILLIAM H. SEWARD. William L. Dayton, Esq., &c., itc, &c. Mr. Dayton to Mr. Seward. No. 22.] Paris, July 30, 1861. Sir: On the 21st of this month I received a note from Mr. Adams, a copy of which, marked A, is hereunto annexed, apprising me that, under renewed instructions from the government at Wasliington, he had proposed to the British government, on the 11 th of this month, to negotiate on the basis of the project which had been transmitted to him soon after his arrival at London, touching the four points of the declaration of the convention at Paris in 1856, and inquiring whether I felt empowered and disposed to re- move the obstacle of delay by entering at once into an arrangement for simultaneous action with the Emperor of the French. Accompanying his note was the copy of a communication from Lord John Russell, dated July 18, 1861, of which I send a copy, (though I doubt not Mr. Adams has antici- pated me in doing so.) Feeling the great importance of this matter, and mindful of your request that we should confer together when we could, I immediately went over to London. I found, by the date of your renewed instructions to Mr. Adams, that you did not intend the negotiation upon this question should be conducted at Washington, but that it should be done on this side; and further, that with a full knowledge of all the facts, the original purpose of acceding to the treaty of Paris of 1856 was adhered to. Under these circumstances, I felt it my duty to say to Mr. Adams that there need be no delay on my account. ANNUAL MESSAGE OF THE PEESIDENT. 237 To facilitate matters, while I was yet in London T made to him, in writing, a communication to that effect, of which I send you a copy, marked B. Tou will observe that I ask Mr. Adams, in this communication, whether Great Britain has, at his instance, or otherwise, considered the Marcy amend- ment ? This was done after conference with him, and after he had told me what would be his answer. He said that after I had made the proposition here it was considered at London, and Lord John Russell, upon his (Mr. Adams) suggesting this amendment to the treaty there, said at once that the principle was inadmissible; that the British government would not assent to it. This answer I thought it most desirable we should have on record, and therefore made a suggestion in my note which Mr. Adams said he would adopt. Great Britain, so far as I know, never has, before this, distinctly placed herself on record against the adoption of that humane and noble principle as a provision of maritime law. I was much gratified that I had gone over to London. I felt a sense of relief in conferring with Mr. Adams upon questions of so much importance, and got knowledge of some facts of which I had no knowledge before. I was in England but two days, and then returned immediately to Paris. I missed, however, the mail by the steamer of last week, which I much regretted. With much respect, your obedient servant, WM. L. DAYTON. His Excellency Wm. H. Seward. Foreign Office, July 18, 186L Sir: Upon considering your proposition of Saturday last I have two re- marks to make: \. The course hitherto followed has been a simple notification of adherence to the declaration of Paris by those states which were not originally parties to it. 2. The declaration of Paris was one embracing various powers, with a view to general concurrence upon questions of maritime law, and not an insulated engagement between two powers only. Her Majesty's government are willing to waive entirely any objection on the first of these heads, and to accept the form which the government of the United States prefers. With regard to the second, her Majesty's government arc of opinion that they should be assured that the United States are ready to enter into a similar engagement with France, and with other maritime powers, who are parties to the declaration of Paris, and do not propose to make singly and separately a convention with Great Britain only. But as much time might be required for separate communications between the government of the United States and all the maritime powers who were parties to or have acceded to the declaration of Paris, her Majesty's gov- ernment would deem themselves authorized to advise the Queen to conclude a convention on this subject with the President of the United States so soon as they shall have been informed that a similar convention has been agreed upon, and is ready for signature, between the President of the United States and the Emperor of the French, so that the two conventions might be signed simultaneously and on the same da^^ I have the honor to be, with the highest consideration, sir, your most obedient, humble servant, J. RUSSELL. Chakles Francis Adams, Esq., &c., &c., &c. 238 ANNUAL MESSAGE OF THE PRESIDENT. B. London, July 25, 1861. Sir: Yours of the 19th instant, enclosing a copy of Lord John Russell's of the 18th instant, was duly received by me at Paris. My powers to nego- tiate with France an accession by the United States to the treaty of Paris of 1856 are of the same general character as your own. Under those powers and the instructions received by me from Washington I did propose such accession to the government of France, but with an addition to the first clause of the following words: "And the private property of subjects or citizens of one of the belligerents shall not be seized, upon the high seas, by tne vessels of war of the other belligerents, unless it may be contraband of war." To this proposition I received an answer from the French min- ister of foreign affairs, dated June 20, ISbl, the substance of which was that the French government declined to consider the proposition (inasmuch as it diflfered from the provisions of the treaty of Paris) unless it was addressed to all the powers who were parties to that convention. In the meantime I saw it stated in the public press of Europe that the British, French, Spanish, and Belgian governments had made a declaration of their intentions as respects their conduct towards the United States government and the insurgents of the south, and I was not certain whether our govern- ment would desire, under the circumstances, that the proposition to accede to the treaty in question, without the amendment, should be made. Your renewed instructions to proceed on the basis of that treaty are sub- sequent to and with a full knowledge by our government of the facts here- inbefore stated. Under these circumstances, therefore, I feel authorized and required to proceed without further delay. Before, however, I shall communicate further with the French government, I wish to know whether Great Britain has, at your instance, or otherwise, considered the amendment of the treaty here- inbefore referred to. Before abandoning the hope of obtaining the incor- poration, in our code of maritime law, of that great and humane principle, it seems to me desirable that we should have distinct assurance that the principle will not be admitted. I do not recollect that Great Britain has any time, heretofore, answered distinctly, if at all, upon that proposition, but seems rather to have avoided it. I think it desirable that that answer should be of record, (either in a note from or to you,) so that the respon- sibility may attach, through all time, where it properly belongs. Immediately upon the receipt of your answer I will enclose a copy of your notes, in connexion with tliat from Lord John Russell to the French government, and, as soon as heard from, advise you of its reply. Respectfully, your obedient servant, WM. L. DAYTON. His Excellency Chas. F. Adams, Mr. Dayton to Mr. Seward. [Extract.] No. 24.] Paris, August 2, 1861. Sir: Your despatch No. 27 was not received by me until after my return from London. By my note to Mr. Adams, written in London, and to be found in de- ANNUAL MESSAGE OF THE PKESIDENT. 239 spatch No. 22, you will find your instructions were anticipated by my action; that immediately upon learning, from a reliable source, what were the views of the government in regard to an accession to the treaty of Paris, expressed with full knowledge of facts occurring since its original instructions to me, I at once took measures to comply with them, without attempting to balance the suggestions of my own mind against its known wishes. But I confess that in a matter of such grave importance as an accession by the United States to that treaty, I did want those wishes distinctly expressed with full knowledge of the facts. You will observe, by the copy of a communication to the minister of foreign affairs, (marked A,) and hereunto annexed, that I have already moved in the matter here. With much respect, I have the honor to be your obedient servant, WM. L. DAYTON. Hon. William H. Seward, Secretary of State. Paris, August 2, 1861. Sir: I had the honor to inform your excellency some time since that I was authorized, upon the part of the United States, to treat with any person or persons authorized by the Emperor concerning the principles of maritime law which aifect neutral and belligerent rights at sea, and other matters connected therewith, of interest to the two nations, and on the 31st of May last proposed to your excellency an accession by the United States to the treaty of Paris of 1856, with certain words of addition thereto. Under date of 26th of June last I received a reply from your excellency stating that the protocols of the congress of Paris impose upon all the powers who signed the declaration of the 16th of April the obligation not to negotiate, separately, upon the application of maritime rights in time of war, anj' arrangement which differed from the declaration resolved upon in common, and that, as a consequence, it would be necessary that my offer include the other powers signing the declaration before it would be con- sidered. At the time the foregoing offer was made I had some reason to believe that it might be accepted by all the powers who negotiated that treaty, but subsequent information (the nature of which I have explained to you) has satisfied me that this was an error. The government of the United States would have preferred the incorpora- tion in the treaty of the amendment before referred to; and when there shall be any hope for the adoption of that beneficent feature by the neces- sary parties as a principle of the law of nations, the United States will not only be ready to agree to it, but even to propose it, and to lead in the neces- sary negotiations. Under existing circumstances I am satisfied that I would not be justified in furtlier delaying negotiations for an accession by the United States to the treaty of Paris of 1856, in the vain hope that the amendment in ques- tion, if proposed to all the powers, would, at present, be accepted. I have the honor, therefore, to apprise your excellency that I am prepared, on the part of the government of the United States, and hereby propose to your excellency, to enter into a convention with the Emperor of the French for 240 AJfNUAL MESSAGE OF THE PRESIDENT. accession by the United States to the "declaration concerning' maritime law" adopted by the plenipotentiaries of France, Great Britain, Austria, Prussia, Russia, Sardinia, and Turkey, at Paris, on the 16th of April, 1856, and that I have special authority for this purpose from the President of the United States, dated 26th of April last, which I shall be happy to submit to your excellency. I beg' likewise, in this connexion, to say to your excellency tliat a like proposition has been made by Mr. Adams to her Britannic Majesty, and herewith I deem it proper to enclose you a copy of the replj'' of Lord John Russell. With much respect, I have the honor to be your verv obedient servant, WM. L. DAYTON. Monsieur le Ministre. 3l7\ Seicard to Mr. Dayton. [Confidential ] No. 41.] Department of State, Washington, August 17, 1861. Sir : I send you a copy of a despatch, which is this day sent to Mr Adams, concerning the negotiations with Great Britain for the melioration of inter- national law relating to the rights of neutrals in maritime war. You will, of course, wait in your negotiations, at Paris, until the result of the explanations, which Mr. Adams is instructed to ask, shall have been received and duly considered. There is reason, however, to expect that the delay which thus becomes necessary will be moved for by Mr. Thouvenel himself when he shall have become advised of the new and singular position assumed by Lord John Russell. I am, sir, respectfully, your obedient servant, WILLIAM H. SEWARD. Wm. L. Daytox, Esq., &c., &c., &c. Mr. Seward to Mr. Dayton. [Extract ] No. 42.] Department of State, Washington, August It, 1861. You will learn from a distinct despatch, No. 41, which accompanies or which will soon follow this, that our negotiation in England has taken a new phase, which, of course, will soon present itself in discussion with the French government. Treason was emboldened by its partial success at Manassas, but the Union now grows manifestly stronger every day. Let us see how Great Britain will explain. I am, sir, respectfully, your obedient servant, WILLIAM H. SEWARD. William L. Dayton, Esq., (&c., &c., &c. ANNUAL MESSAGE OF THE PEESIDENT. 241 Mr. Seivard to Mr. Daijton. No. 46.] Department of State, Washington, August 19, 1861. Sir : Your despatch No. 22, iinder the date of July 30, has been received. It relates to an interview, and is accompanied by a correspondence between yourself and Mr. Adams. Your proceedings and your letter are deemed judicious, and are fully approved. In communications which have preceded this I have already said all that the despatch now before me seems to require. I am, sir, respectfully, your obedient servant, WILLIAM H. SEWARD. William L. Dayton, Esq., &c., &c., &c. Mr. Laytoyi to Mr. Seward. [Extracts.] No. 29.] Paris, August 19, 1861. Sir: I have the honor to acknowledge the receipt of despatches Nos. 29, 30, and 31. Your despatch No. 30 includes copies of despatches 42 and 46 to Mr. Adams. These are of great interest, as they affect the question of our blockade of the southern ports. I never think it wise to volunteer a subject out of which complaints may arise before they ai'e brought to my notice by the party likely to complain; but should occasion arise, I shall avail myself fully of the views suggested by you as to the purpose and object of the late act of Congress authorizing the President to close the ports by proclamation. But I very much fear that difficulties will grow up between us and Great Britain and France upon this question. Unless the ports are hermetically sealed by blockade, not by proclamation — if these countries get short of cotton, and we are not ourselves in possession of the interior — excuses enough will be made for breaking the blockade. The tone of the public press here indicates this; the private conversation of public men indicate it. With much respect, your obedient servant, WILLIAM L. DAYTON. William H. Seward, Esq., d;c., &c., &c. Mr. Dayton to Mr. Seward. . No. 31.] Paris, August 19, 1861. Sir: On Thursday of last week I was informed by Lord Cowley that Mr. Adams and Lord John Russell had agreed upon the text of a convention in respect to maritime rights, &c. On the following day a copy of this con- vention was sent to me by Lord Cowley. I find it substantially, if not Ex. Doc. 1 16 242 ANNUAL MESSAGE OF THE PRESIDENT. literally, the same as that which you enclosed to me, and directed me to ex- ecute. I am to see Mr. Thouvenel upon the subject by appointment to-mor- row. Unless something shall occur, altering the existing condition of things, this convention will doubtless be executed at an early day. Your despatch No. 30 says, " the President is not impatient about the negotiations conceru- ing neutral rights," but your prior despatches and the action of Mr. Adams have put any considerable delay out of my power. Besides, if the treaty is to be executed, whether it be done a few days or weeks earlier or later is, perhaps, not very important. I have felt much relieved in this negotiation by the specific character of my instructions. With great respect, I have the honor to be your obedient servant, WILLIAM L. DAYTON. The Hon. William H. Seward, d:c., &c., &g. Mr. Dayton to Mr. Seward. No. 35.] Paris, August 22, 1861. Sir: My anticipations expressed in despatch No. 10 are fully realized. Both Lord John Russell and Mr. Thouvenel refuse to negotiate for an acces- sion by the United States to the treaty of Paris of lSb6, except on the distinct understanding that it is to have no bearing, directly or indirectly, on the question of our southern or domestic difficulty, and to render the matter certain they each propose to make a Avritten declaration simultaneous with the execution of the convention, of which I herewith send you a copy and a translation. 1 likewise send you a copy of Mr. Thouvenei's note to me with its translation. I had an interview on Tuesday, the 20th instant, with Mr. Thouvenel by appointment in reference to the subject-matter of the convention, and then he gave me the first notice of the purpose of the French government to execute this outside declaration, predicated as it was, beyond all doubt, upon a note he had just received from Lord John Russell, dated only the day preceding. He said that both France and Great Britain had already announced that they would take no part in our domestic controversy, and they thought that a frank and open declaration in advaiice of the execution of this convention might save difficulty and misconception hereafter. He further said, in the way of specification, that the provisions of the treaty standing alone might bind England and France to pursue and punish the privateers of the south as pirates. That they were unwilling to do this, and had already so declared. He said that we could deal with these people as we chose, and they could only express their regrets on the score of humanity if we should deal with them as pirates, but they could not partici- pate in such a course. He said, further, that although both England and France were anxious to have the adhesion of the United States to the dec- laration of Paris, that they would rather dispense with it altogether than be drawn into our domestic controversy. He insisted somewhat pointedly that I could take no just exception to this outside declaration, simultaneous with the execution of the convention, unless we intended they should be made parties to our controversy; and that the very fact of my hesitation was an additional reason why they should insist upon making such contemporaneous declaration. These are the general views expressed by him. In answer, I assented at once to the propriety of such declaration being made in advance if France and England did not mean to abide by the terms of ANNUAL MESSAGE OF THE PRESIDENT. 243 the treaty. I stated that I had no reason to suppose that the United States desired to embroil these countries in our domestic difficulties— that in point of fact our great desire had been that they should keep out of them; but they proposed now to make a declaration to accompany the execution of the convention which they admitted would vary its obligations. That my instructions were to neg'otiate that convention, and that I had no authority to do anything or listen to anything which would waive any rights or relieve from any obligation which might fairly arise from a just construction of its terms. He said they did not mean to alter its terms, that it was not like an addition of other provisions to the terms of the treaty itself. To this I replied, that for the purpose intended, it was precisely the same as if this declaration they proposed to make were to be incorporated into the treaty itself. That its effect was to relieve them (without complaint on our part) from compliance with one of the admitted obligations of the treaty. I then told him I would consult with Mr. Adams, and it was not improbable that we might feel ourselves under the necessity of referring agf in to our govern- ment, to which he answered that that must be a question for us to determine. In the course of our conversation I told him that any declaration or action which looked to or recognized a difference or distinction between the north and south was a matter upon which our government was, under the circum- stances, peculiarly sensitive. That we treated with foreign governments for our whole country, north and south, and for all its citizens, whether true men or rebels, and when we could not so treat, we would cease to treat at all. He answered that they did not mean to contest our right to treat for the whole country, and that was not the purpose of the outside declaration they proposed to make; but having heretofore adopted a course of strict neutrality, the declaration in question was right and proper to prevent mis- conception and controversy in the future. After my conference with Mr. Thouvenel closed, I immediately wrote to Mr. Adams, and suggested to him the propriety of either referring again to our government for instructions, or, if he thought that such reference would involve any unnecessary delay, then, at least, that at the time of executing the convention (if it were executed) we should in like manner make a counter declaration in writing, stating, in substance, that " we have no power to admit, and do not mean to admit, that this outside declaration by Great Britain and France is to relieve them, directly or indirectly, from any obli- gation or duty which would otherwise devolve upon them in virtue of said convention." I have felt constrained to make these suggestions to Mr. Adams, for I am unwilling to act affirmatively in a matter of so much importance without being clearly within my instructions. I shall await his answer before I communicate further with the French government. With much respect, your obedient servant, WM. L. DAYTON. His Excellency William H. Seward, Secretary of State, &c., &c. [Translation.] Paris, August 20, 1861. Sir: I have the honor to communicate to you the text of the written declaration that I propose to myself to make, and of which I will take care to remit to you a copy, at the moment of the signing of the convention 244 ANNUAL MESSAGE OF THE PEESIDENT. designed to render obligatory between France and the United States the principles upon maritime rights proclaimed by the congress of Paris. This declaration has for its object, as you will see, to prevent all misunderstanding- upon the nature of the engagements which the government of the Emperor is disposed to contract. If you were ready to sign the convention contemplated, we might be able to agree to make it the same day when Lord Russell should proceed from his side to the signing of a similar act with Mr. Adams. Accept the assurances of the high consideration with which I have the honor to be, sir, jouv verv humble and very obedient servant, THOUVENEL. Mr. Dayton, Minister of the United States at Paris. [Translation.] Draft of declaration. In affixing his signature to the convention concluded in date of this day between France and the United States, the undersigned declares, in execu- tion of the orders of the Emperor, that the government of his Majesty does not intend to undertake, by the said convention, any engagement of a nature to implicate it, directly or indirectly, in the internal conflict now existing in .the United States. 3Ir. Dayton to 3Ir. Seivard. ICo. 3*1.] Paris, August 29, 1861. Sir: Herewith I beg to enclose a copy of a communication made by me to ^Mr. Thouveuel, in answer to his formal notice of a purpose on the part of the French government to make an outside declaration of its intentions at the time of the execution of the treaty, copies of which were enclosed in ■despatch No. 35. It is in part the same matter suggested to him by me in the conference in which he hrst notified me of his purpose. His written communication sub- sequent to that conference required a like formal reply. I am happy to learn from a communication received from Mr. Adams that he concurs with me in the propriety of stopping the negotiation where it is, and referring the matter to the government at home. I should have been most reluctant, under the circumstances, to execute this convention, had Mr. Adams insisted upon it, making only a counter declaration, such as was referred to in despatch No. 35; but I was very desirous, after what had passed, not to be considered an obstacle in the way of carrying out the wishes of the administration. I •doubt now, however, if England and France would themselves have assented ^0 proceed with the execution of the convention in the face of such declaration. With much respect, I have the honor to be your obedient servant, WM. L. DAYTON. His Excellency William H. Seward, Secretary of State, &c., &c. ANNUAL MESSAGE OF THE PRESIDENT. • 245 3Ir. Dayton to Mr. Thouvenel. Legation of the United States, Paris, August 26, 1861. Monsieur le ^Iinistre : I have the honor to acknowledge the receipt of your communication of the 20th instant, in which (carrying out the purpose expressed by you in our prior conversation of" that day) you communicate to me the text of a written declaration which you propose to make simulta- neous with tlie execution of the convention between the United States and France, in reference to the principles upon maritime rights proclaimed by the Congress of Paris in 1856. You further suggest in your note that if I were ready to sign the convention contemplated, we might be able to agree to do so the same day when Lord Russell should proceed, on his side, to the signing of a like convention with Mr. Adams- The declaration which you propose to make in writing, simultaneous with the execution of the convention, has for its object, you say, " to prevent all misunderstanding as to the nature of the engagements which the govern- ment of the Emperor is disposed to contract," and this declaration is, that " in the execution of the orders of the Emperor the government of his Majesty does not intend to undertake, by said convention, any engagements of a nature to implicate it directly or indirectly in the internal conflict now existing in the United States." My impressions, hastily thrown out when this proposition was verbally suggested, have been strengthened bj'" subsequent reflection. I do not stop to inquire how such outside declaration as you propose may affect the rights or obligations of parties under the treaty. Lideed, it is so general that it may not be possible to anticipate its entire scope or operation. It gives us notice that the engagements of your government are not to be " of a nature to implicate it directl}'' or indirectly in the internal conflict," &c. It may be that the conduct of the government of France, under this declaration, would practically extend no further than would be agreeable to the United States; yet I cannot act upon such assumption. M}^ instructions are to negotiate a particular convention, the text of which has been examined and approv^ed, as I understand, by your excellency. If the declaration which you propose to make does not alter the obligations or duties which would otherwise devolve upon France, in virtue of that convention, it is useless to make it. If it does alter such obligations or duties, then I am not authorized to execute the convention subject to such declaration. This, indeed, so far as my action at present is concerned, is the whole case. But the subject justi- fies, and perhaps requires some other remarks. You stated that you thought it more frank and loyal to make j'^our declaration in advance, and in this I entirely concurred. If the treatj'' without such declaration would impose any duty upon France which she would be unwilling to perform, it was manifestly proper that she should declare her purpose in advance. It was proper, not only for the purpose of preventing misunderstanding as to the nature of her intended engagements, but for the other piu-poses of leaving to the United States the option of determining, with full knowledge, whether she would or would not enter into the treatj'^ subject to such declaration. The declaration, it is true, is not strictly a part of the treaty, yet, for the purpose intended, its effect and operation would be the same as if it were incorporated into the treaty itself. It will prevent misunderstandings as to the nature of the engagements, or, in other words, it will prevent one party complaining of a non-performance of supposed engagements by the other under the treaty, just as effectively as if it were a condition added to the treaty itself. But for the interposition of this declaration I should have 246 ANNUAL MESSAGE OF THE PEESIDENT. assented to the execution of the treaty at once; as it is, I have no power to do so. From this it must not be inferred that there is now, or at any time has been, the slightest wish upon the part of the United States to involve France or any other foreign government in its domestic controversy. The wish, nay, stronger than this, the right to be let alone by other nations, has been claimed at all times, so far as I know, by our government and its repre- sentatives abroad. They have never failed to deprecate, in the most earnest manner, all interference in this question upon the part of foreign powers. Yet the declaration which it is now proposed to make would seem to imply that such interference might be claimed by us at the hands of those powers with whom such treaty might be made. I submit, witli great respect, that there is nothing in the present position of the United States, or in the past history of this negotiation, which would justify such an inference. When the present administration at Washington came into power it almost immediately gave orders to its representatives abroad to open negotiations upon this general subject; not, it is to be assumed, for any small purpose or object growing out of what they then believed to be a mere temporary insurrection, but with a view to the settlement, so far as their assent could settle the same, of certain great principles of maritime law. The second and third of those principles, enunciated in the declaration of Paris, has been already proposed and urged upon the attention of other nations by the United States. The fourth of those principles, which requires that blockades to be respected shall be efiective, had never been denied (at least by tlie United States) as a principle of international or maritime law. It was the first onlj^ of the points enunciated in that celebrated declaration about which hesitation existed. The abandonment of the right, by belligerents, to issue letters of marque and reprisal, under proper restraints, was a serious matter to a country having the extended commerce and limited navy of the United States; yet such abandonment by all nations would, we well knew, tend much to lessen the afflictions incident to war; and so, too, the exemption of property of non- combatants at sea, (except contraband,) as it is on laud, would, in a still greater degree, tend to the same end. Hence the disposition manifested on the part of the United States, on every proper occasion, to connect in its negotiations the two; to make the concession of the one the equivalent, if possible, of the concession of the other. This was the condition of things when the present administration at Washington came into power. Not trammelled by certain considerations which had affected some of their predecessors, they immediately took up the negotiation where it had been left by a prior administration. Ascertaining definitely that the exemption of private property afloat (except contraband) would not be conceded by all the powers, they assented at once to the execu- tion of a convention, adopting the four principles of the declaration of Paris as they are, without addition and without limitation. Then, for the first time, we were informed that the government of his Majesty the Emperor (in connexion with that of her Britannic Majesty) would only execute such convention subject to a certain condition, which it declares for itself, and of the extent and operation of which it is itself to judge. I cannot, of course, anticipate with certainty what view the government of the United States may take of this question, but I can scarcely suppose it will assent to the execution of a convention adopting the declaration of Paris, except upon terms of entire reciprocity, and subject to no other con- dition than those existing by and between the original parties; nor do I believe ANNUAL MESSAGE OF THE PRESIDENT. 247 that it will, in its negotiations with foreign governments, at all assent to exceptions and reservations, verbal or written, predicated upon the existing state of things in that country. It will, I apprehend, exact no more and be content with no less than it would have been entitled to had the convention been executed in advance of its present internal controversy. If, therefore, the government of France shall consider that an unconditional execution of that convention will demand of it interference in our affairs, or will implicate it in any shape in the civil war now raging in our country, then it is obvious this is not a proper time for her or for us to enter into such agreements. But these suggestions are made, of course, subject to correction from the government at Washington. To it I shall at once refer the communication of your excellency, together with a copy of the declaration which you have done me the honor to submit upon the part of the French government. I avail myself of the opportunity to renew to your excellency assurances of the high consideration with which I have the honor to b(^, sir, your very humble and obedient servant, WILLIAM L. DAYTON. Monsieur Thouvenel, Minidre des Affaires Etrangeres. Mr. Seward to Mr. Dayton. No. 53.] Departmext of State, Washington, September 5, 1861. Sir: Your despatch of August 19, No. 31, has been received. Before this shall reach you, my instruction, No. 41, will have come to your hands. In that paper you were informed that you would be expected to rest in your negotiation concerning maritime rights until after we should have received some explanations from Lord Russell on a point raised in the nego- tiation at London. Those explanations have not yet been I'eceived here. I am, sir, respectfully^ vour obedient servant, WILLIAM H. SEWARD. William L. Daytox, Esq., &c., &c., &c. Mr. Dayton to Mr. Seimrd. No. 44.] Paris, September 7, 1861. Sir: Your despatches, 41, 42, and 43, are duly received through Captain Scliulz. Your action, indicated in 41 and 42, has been anticipated by me. In a letter from Mr. Adams, dated London, August 1, 1861, he encloses me a copy of Lord John Russell's note of July 31, 1861, and in reference to the vague paragraph to which your despatches refer he says: "I do not quite com- prehend the drift of the last paragraph, but I presume you will find it out in the progress of your negotiation." This I immediately answered by a letter, of which I herewith send you a copy. Their subsequent offer to make a written outside declaration cotemporane- ous with the execution of the treaty was a degree of frankness which I did 248 ANNUAL MESSAGE OF THE PKESIDENT. not anticipate, and for which I had not given them credit. I shall wait with great pleasure, according to your instructions, " the result of the explanations which Mr. Adams is instructed to ask," but I expect that both he and I have already received all necessary explanations on that point. My conversations, at least with Mr. Thouvenel, have covered the whole ground, as stated to you in despatch No. 35. I add that I communicated immediately' to Mr. Adams the substance of that conversation with Mr. Thouvenel. The exequatur of James Lesley, appointed consul of the United States to Lyons, was applied for immediately on the receipt of his commission. With much respect, I have the honor to be, your obedient servant, WILLIAM L. DAYTON. His Excellency William H. Seward, Secretary of State, &c. Paris, August 5, 1861. Sir : I acknowledge with pleasure the receipt of yours of the 1st instant, enclosing a copy of your note to Lord John Russel and his reply. I feel that we have done a good thing in getting the reply of the British govern- ment (declaring the amendment to the treaty of Paris inadmissible) in writ- ing. At least, we can proceed now, under our instructions, with a conscious- ness that we not only have not neglected this point, but that we have the evidence of having pressed it affirmatively. You say you do not compre- hend the drift of the last paragraph in Lord John's reply. I think I do, at least, in part, and I shall not be surprised if the meaning, which he has pur- posely wrapped up in that general language, should in the end break oif all negotiation. He may not refer to this language again, but unless you ask its meaning before the treaty is negotiated, it will be used by them after- wards as an excuse for not carrying it in effect as respects the insurrec- tionists of the south. The paragraph states, "the engagement of Great Britain will be prospective, and will not invalidate anything alread}^ done." The comment after the treaty, predicated upon this language, will be: "We had declared before the treaty that the southern insurrectionists were a bel- ligerent party, and entitled to belligerent rights, (among which is the right to issue letters of marque,) and the treaty was to be prospective only, and not to invalidate anything already done. That, in other words, it does not bind your disloyal citizens, recognized by us as a belligerent party." I long ago wrote Mr. Seward that these powers would, in my judgment, either refuse to negotiate, or, if they did negotiate, it would be with the under- standing that it secured us no rights not already conceded, and charged them with no duties not heretofore acknowledged. It is advisable that we raise no question in advance in reference to this matter, but it is necessary that we know what they mean as we go along. With much respect, I am yours truly, WM. L. DAYTON. His Excellency Chas. F. Adams, United States Minister. ANNUAL MESSAGE OF THE PKESIDENT. 249 3Ir. Seward to Mr. Dayton. No. 56.] Department of State, Washington, September 10, 1861. Sir: Your despatch of August 22, No. 35, has been received. I learn from it that Mr, Thouvenel is unwilling to npgotiate for an accession by the United States to the declaration of tlie congress of Paris concerning the rights of neutrals in maritime war, except "on a distinct understanding that it is to have no bearing, directly or indirectly, on the question of the domestic difficulty now existing in nur country," and that to render the matter certain Mr. Thouvenel proposes to make a written declaration simultaneously with bis execution of the projected convention for that accession. You have sent me a copy of a note to this effect, addressed to you by Mr. Thouvenel, and have also represented to me an official conversation which he Las held with you upon the same subject. The declaration w^hich Mr. Thou- venel thus proposes to make is in these words: " DRAFT OF DECLARATION. " In affixing his signature to the convention concluded on date of this day between France and the United States, the undersigned declares, in execu- tion of the orders of the Emperor, that the government of his Majesty does not intend to undertake by the said convention any engagements of a nature to implicate it, directly or indirectly, in the internal conflict now existing in the United States." My despatch of the Hth day of August last, No. 41, which you must have received some time ago, will already have prepared you to expect m}' ap- proval of the decision to wait for specific instructions in this new emergency at which you have arrived. The obscurity of the text of the declaration which Mr. Thouvenel submits to us is sufficiently relieved by his verbal explanations. According to your renort of the conversation, before referred to, he said that both France and Great Britain had already announced that they would take no part in our domestic controversy, and they thought that a frank and open declaration in advance of the execution of the projected convention might save difficulty and misconception hereafter. He further said, in the way of specification, that the provisions of the convention standing alone might bind England and France to pursue and punish the privateers of the south as pirates; that they are unwilling to do this and had so declared. He said, also, that we could deJil with these people as we choose, and they (England and France) could only express their. regrets on the score of humanity if we should deal with them as pirates, but that they could not participate in such a course. He added, that although both England and France are anxious to have the adhesion of the United States to the declaration of Paris, yet that they would rather dispense with it altogether than be drawn into our domestic controversy. He insisted somewhat pointedly that we could take no just exception to this outside declaration, to be made simultaneousl}' with the execution of the convention, unless we intended that they (England and France) shall be made parties to our controversy, and that the very fact of your hesitation was an additional reason why they should insist upon making such contemporaneous declaration as they proposed. These remarks of Mr. Thouvenel are certainly distinguished by entire frankness. It shall be my effort to reply to them with moderation and candor. 250 ANNUAL MESSAGE OF THE PRESIDENT. In 1856, France, Great Britain, Russia, Prussia, Sardinia and Turkey' being- assembled in congress at Paris, with a view to modify the law of nations so as to meliorate the evils of maritime war, adopted and set forth a declaration, which is in the following words: 1st. Privateering- is and remains abolished. 2d. The neutral flag- covers enemy's goods, with the exception of contra- band of war. 3d. Neutral goods, with the exception of contraband of war, are not liable to capture under enemy's flag. 4th. Blockades, in order to be binding, must be effective — that is to say, maintained by forces sufiicient really to prevent access to the coast of the enemy. The States which constituted the congress mutually agreed to submit the declaration to all other nations and invite them to accede to it. It was to be submitted as no special or narrow treaty between particular States for limited periods or special purposes of advantage, or under peculiar circumstances; but, on the contrary, its several articles were, by voluntary acceptance of "maritime powers, to constitute a new chapter in the law of nations, and each one of the articles was to be universal and eternal in its application and obligation. France especially invited the United States to accede to these articles. An invitation was equally tendered to all other civilized nations, and the articles have been alreadj' adopted by forty-one of the powers thus invited. The United States hesitated, but only for the pur- pose of making an effort to induce the other parties to enlarge the beneficent scope of the declaration Having failed in that effort, they now, after a delay not unusual in such great international discussions, ofter their adhe- sion to that declaration; pure and simple, in the form, words and manner in which it was originally adopted and accepted by all of the forty-six nations which have become parties to it. France declines to receive that adhesion unless she be allowed to make a special declaration, which would constitute an additional and qualifying article, limiting the obligations of France to the United States to a narrower range than the obligations which the United States must assume towards France and towards every other one of the forty-six sovereigns who are parties to it, and narrower than the mutual obligations of all those parties, including France herself. If we should accede to that condition, it manifest!}^ would not be the declaration of the congress of Paris to which we would be adhering, but a different and special and peculiar treaty between France and the United States only. Even as such a treaty it would be unequal. Assuming that Mr. Thouvenel's reasoning is correct, we should in that case be contracting an obligation, directly or indirectly, to implicate ourselves in an^ internal conflict that may now be existing or that may hereafter occur m France, while she would be distinctly excused by us from any similar duty towards the United States. I know that France is a friend, and means to be just and equal towards the United States. I must assume, therefore, that she means not to make an exceptional arrangement with us, but to carry out the same arrangement in her interpretation of the obligations of the declaration of the congress of Paris in regard to other powers. Thus carried out, the declaration of Paris would be expounded so as to exclude all internal conflicts in States from the application of the articles of that celebrated declaration. Most of the wars of modern times — perhaps of all times — have been insurrectionary wars, or "inter- nal conflicts." If the position now assumed by France should thus be taken by all the other parties to the declaration, then it would follow that the first article of that instrument, instead of being,- in fact, an universal and effect- ual inhibition of the practice of privateering, would abrogate it only in wars ANNUAL MESSAGE OF THE PRESIDENT. 251 between foreign nations, while it would enjoy universal toleration in civil and social wars. With great deference, I cannot but think that, thus modi- fied, the declaration of the congress of Paris would lose much of the rever- ence which it has hitherto received from Christian nations. If it were proper for me to pursue the argument further, I might add that sedition, insurrection and treason would find in such a new reading of the declaration of Paris encouragement which would tend to render the most stable and even the most beneficent sj'stems of government insecure. Nor do I know on what grounds it can be contended that practices more destructrve to property and life ought to be tolerated in civil or fratricidal wars than are allowed in wars between independent nations. I cannot, indeed, admit that the engagement which France is required to make without the qualifying declaration in question would, directly or in- directly, implicate her in our internal conflicts. But if such should be its efiect, I must, in the first place, disclaim any desire for such an intervention on the part of the United States. The whole of this long correspondence has had for one of its objects the purpose of averting any such interven- tion. If, however, such an intervention would be the result of the unquali- fied execution of the convention by France, then the fault clearly must be inherent in the declaration of the congress of Paris itself, and it is not a result of anything that the United States have done or proposed. Two motives induced them to tender their adhesion to that declaration — first, a sincere desire to co-operate with other progressive nations in the melioration of the rigors of maritime war; second, a desire to relieve France from any apprehension of danger to the lives or property of her people from violence to occur in the course of the civil conflict in which we are engaged, by giving her, unasked, all the guarantees in that respect which are con- tained in the declaration of the congress of Paris. The latter of these two motives is now put to rest, insomuch as France declines the guarantees we offer. ||Doubtlessly, she is satisfied that they are unnecessary. We have always practiced on the principles of the declaration. We did so long be- fore they were adopted by the congress of Paris, so far as the rights of neutrals or friendly States are concerned. While our relations with France remain as they now are we shall continue the same practice none the less faithfully than if bound to do so by a solemn convention. The other and higher motive will remain unsatisfied, and it will lose none of its force. We shall be ready to accede to the declaration of Paris with every power that will agree to adopt its principles for the government of its relations to us, and which shall be content to accept our adhesion on the same basis upon which all the other parties to it have acceded. AVe know that France has a high and generous ambition. We shall wait for her to accept hereafter that co-operation on our part in a great reform which she now declines. We shall not doubt that when the present embar- rassment which causes her to decline this co-operation shall have been re- moved, as it soon will be, she will then agree with us to go still further, and abolish the confiscation of property of non-belligerent citizens and sub- jects in maritime war. You will inform Mr. Thouvenel that the proposed declaration on the part of the Emperor is deemed inadmissible by the President of the United States; and if it shall be still insisted upon, you will then inform him that you are instructed for the present to desist from further negotiation on the subject involved. I am, sir, your obedient servant, WILLIAM H. SEWARD. Wm. L. Dayton, Esq., c6c., dc, &c. 252 ANNUAL MESSAGE OF THE PKESIDENT. Mr. Dayton to Mr. Seicard. [Extract.] Paris, September 10, 1861. gjjj. ******** I herewith enclose to you a copy and translation of a communication recently received by me from Mr. Thouvenel on the subject of the execution of the convention as to maritime rights. It contains nothing- that I have not referred to before, but it is evident he wanted to put the specific grounds of exception to an unconditional exception of the ti'eaty on record. With much respect, your obedient servant, His Excellency William II. Seward, Secretary of State, &c., &c., &c. WILLIAM L. DAYTON. Mr. Thouvenel to Mr. Dayfon. [Translation ] Paris, September 9, 1861. Sir: I have received the letter which you did me the honor to write me, the 26th of the month of August, in order to explain to "me the reasons which induced you to await further instructions from your government before proceeding to the signing of the convention relative to maritime rights. In this state of affairs, I could but await the arrival of the instructions which you have requested, and, consequently, I do not wish to enter into the discussion of the motives wliich have prevented you from signing the con- templated convention, and which jo\x were pleased to bring to my knowl- edge. I desire, however, to set forth clearly, by some further explanations, what is the train of thought followed by the government of the Emperor, in judging, like the government of her Britannic Majesty, that it is expedient to accompany the proposed treaty with a special declaration. If the United States, before the actual crisis, had adhered to the declara- tion of the congress of Paris, as this adhesion would have bound the whole confederation from that moment, the cabinet of Washington might, at the present time, have availed itself of it to contest the right of the southern States to arm privateers. Now, if this supposition be correct, (fondee,) one could not be astonished that the government of Mr. President Lincoln, according to the principles which it has set forth in its manner of viewing the present conflict, should wish to consider the contemplated convention as much obligatory upon seceded States, in the present circumstances, as if it had preceded the hostilities. But if this opinion be quite explicable on the part of the cabinet of Washington in the situation in which events have placed it, it could not be thus with governments whicli have proposed to themselves to preserve the strictest neutrality in a struggle, the gravity of which it has no longer been possible for them to disregard. In accepting, then, a proposition presented (formulee) by the federal government, when the war had already unhappily broken out between the northern and south- ern States of the Union, it was natural that the government of the Emperor, ANNUAL MESSAGE OF THE PRESIDENT. 253 having decided not to turn itself aside from the attitude of reserve which it had imposed upon itself, should consider beforehand what extension the cabi- net of Washington might be induced, on account of its position, to give to an arrangement, by whidi it declared that the United States renounced priva- teering. The hostilities, in which the federal government is actually en- gaged, offering to it the opportunity of putting immediately into practice the abandonment of this mode of warfare; and its intention, officially an- nounced, being to treat the privateers of the south as pirates, it was mani- festly of importance to caution the cabinet of Washington against the con- viction, where it might exist, that the contemplated treaty obliged us thus to consider the privateers of the south as pirates. I will not dwell upon the matter (n' insisterai pas) in order to show how much we would deviate from the neutrality we have declared ourselves desirous of observing to- wards the two factions of the Union, if, after having announced that they would constitute for us two ordinary belligerents, we should contest the primitive rights of a belligerent to one of them, because the other should consent voluntarily to the abandonment of it in a treaty concluded with us. There is no need to point out, further, how we would forcibly break through our neutrality as soon as we should be constrained, in virtue of the contem- plated convention, to treat as pirates the privateers which the south will persist in arming. The cabinet of Washington might, then, I repeat, be led, by the particular point of view in which it is placed, to draw from the act which Ave are ready to conclude such consequences as we should now abso- lutely reject. It has seemed to us that it is equally important to the two governments to anticipate (prevenir a I'avance) all ditference of interpreta- tion as regards the application to the actual circumstances of the princi- ples which were to become common to them both. Otherwise, it would have been to be feared, if the same explanations had had to be exchanged later, that there would have been attributed to them a character altogether different from that which they really possess. We would regret, too, sin- cerely that the least misunderstanding should be produced in our relations with the United States, not to be anxious, from this moment henceforth, to enlighten them upon a reserve, which, being officially stated to the cabinet of Washington before the signing of the convention, maintains strictly one line of neutrality, without taking away from the value of the agreement, which, in this case, we will be happy to establish with the United States. Accept the assurances of the high consideration with which I have the honor to be, sir, your very humble and very obedient servant, THOUVENEL. Mr. Dayton, Minister of the United States at Paris. Mr. Seward to Mr. Dayton. No. 59.] Department of State, Washington, September 23, 1861. Sir: Your despatch of the 29th of August (No. 37) was duly received. The proceedings it relates had, however, been anticipated, and it only remains to be said in regard to them, that your conduct therein is fully approved I am, sir, respectfully, your obedient servant, W^ILLIAM H. SEWAED. William L. Dayton, Esq., &c., (&c., &c. 254 ANNUAL MESSAGE OF THE PEESIDENT. Mr. Seward to Mr. Dayton. No. 66.] Department of State, Washington, October 10, 1861. Sir : Some unaccounted for obstruction of the mails has caused a delay in the receipt of your despatch of the 1th of September (No. 44) until this time. As I expected, you very properly anticipated my instructions on the sub- ject of the conditional execution of the treaty proposed by Mr. Thouvenel, and your proceedings in that respect are entirely approved. I am, sir, your obedient servant, WILLIAM H. SEWARD. William L. Dayton, Esq., &c., &c., &c. Mr. Dayton to Mr. Seward. No. 59.] Paris, October 14, 1861. Sir : After a careful examination of your despatch (No. 36) in reference to an accession by tlic United States to the declaration of the congress of Paris, I have thought it best to submit a copy of the same to Mr. Thouvenel, to be read. As your despatch recapitulates the points made by Mr. Thouvenel in the conversation with me and reported by me to the government, it was perhaps due to him that he should see if he has been correctly reported. Upon one side, it was equally important that, in a matter of so much interest, the view taken by our government should not be misstated nor misunderstood. It seems to mc now that the case stands, upon the whole correspondence, as well for the government of the United States as could be desired. With much i-espect, your obedient servant, WM. L. DAYTON. His Excellency William H. Seward, Secretary of State, <&c., &c. Mr. Seward to Mr. Dayton. No. 11.] Department of State, Washington, October 21, 1861. Sir: Your despatch of September 30 (No. 54) has been duly received. Your vigilance in communicating to me Mr. Brown's comments on the sub- ject of confiscation is approved. You will have learned, however, from the press, before this paper shall reach you, that the crises he apprehended were unreal. I am, sir, your obedient sei'vant, WILLIAM H. SEWARD. William L. Dayton, Esq., Sc, &c., &c. Mr. Seward to Mr. Dayton. No. 12.] Department of State, Washington, October 21, 1861. Sir: Your despatch of September 30 (No. 55) has been received. I thank you for your diligence in transmitting the papers concerning our AKNUAL MESSAGE OP THE PRESIDENT. 255 blockade, which it contains. The blockade is already very effective, quite as much so as any nation ever established. Proceeding's are now on foot which will remove the premature objections of the French consul to which you allude. I am your obedient servant, WILLIAM H. SEWARD. Wm. L. Dayton, Esq., &c., &c. Mr. Dayton to Mr. Seward. No. 69.] Paris, Octoler 22, 1861. Sir: You will recollect that in despatch No. 59 I informed you that I had thought it proper, under all the circumstances, to submit a copy of your last despatch. No. 56, in reference to the projected treaty, &c., to Mr. Thouvenel, to be read and returned. Herewith I send you a translation of his note, acknowledging' the reception of the copy of your despatch, and returning the same. He makes no comment on your despatch, and his note is of no importance except that you may have in your department the entire corres- pondence upon this important subject.^ Eespectfully, your obedient servant, WM. L. DAYTON. His Excellency William II. Seward, Secretary of Slate, &c., &c. [Translation.] Paris, October 18, 1861. Sir: You have been pleased to transmit to me, the 14th of this month, a copy of a despatch in which Mr. the Secretary of State of the Union sets forth the motives which do not permit the cabinet at Washington to accept, in signing a convention of adhesion to the principles of maritime right pro- claimed by the Congress of Paris, the declaration of which I had sent ^'•ou the rough draft. I have the honor to acknowledge the receipt of this communication, in returning to you, according to your desire, the despatch with which you have made me acquainted. Accept the assurances of the higli consideration with which I have the honor to be, sir, your very humble and very obedient servant, THOUVENEL. Mr. Seward to Mr. Dayton. No. 80.] Department of State, Washington, November 7, 1861. Sir: I have the honor to acknowledge the receipt of your despatch of October 22, (No. 69,) which is accompanied by a note from Mr. Thouvenel on the subject of my despatch to you, No. 56. I am, sir, your obedient servant, WILLIAM H. SEWARD. William L. Dayton, Esq., &c., &c., &c. 256 ANNUAL MESSAGE OF THE PRESIDENT. Mr. Dayton to Mr. Seward. No. 75.] Paris, November T, 1861. Sir: I acknowledge the receipt this morning of despatches Nos. 68, 69, TO, 71, and t2. Their contents rehite principally to the reception of sundry despatches from me, with brief answers, for which I am much obliged. I asked any information that it might be proper to give as to the future course of events in the United States, (beyond what is found in the newspapers,) not from curiosity, merely, but because I am sometimes questioned here by parties in the government, and fear that I indicate an unwarrantable ignorance, for I am constrained to say that I know nothing beyond what is common to all the world; while the government and diplomats here take it fur granted that I ought to know a great deal more. Your despatch (No. 68) informs me of Mr. Adams's communication of an intended couuter-proposition to be made by England and France to our gov- ernment in respect to Mexican affairs. Of this I had heard before, and it made me less anxious as to the question here; for the fact that a counter- proposition was to be made and answered would, of necessity, as I thought, occupy time and give the United States a chance for reflection, and perhaps action. The prompt consummation of this matter in London has rather taken me by surprise. I fear that some misunderstanding of each other's meaning may have occurred upon the part of Mr. Adams and Earl Russell, or one of them. At all events a point has been reached at a much earlier day than an intimation of such intended proposition led me to anticipate. I am, with respect, your obedient servant, WILLIAM L. DAYTON. His Excellency William H. Seward, Sfc, !fc., S^g. Mr. Seivard to Mr. Dayton. No. 84.] Department of State, Washington, November 23, 1861. Sir: Your despatch of November 7 (No T5) has been received. I have regretted quite as much as you have my inability at this moment to give advices to you and each other of our representatives abroad of the course of events occurring at home, and of the general drift of our cor- respondence with other nations; but this domestic commotion has ripened into a transaction so vast as to increase more than fourfold the labors of administration in every department. You can readily imagine how vast a machinery has been created in the War Department, in the Navy Deparment, and in the Treasury Department, respectively. The head of each is a man of busy occupations, high responsibilities, and perplexing cares. You would hardly suppose that a similar change has come over the modest little State Department of other and peaceful days; but the exactions upon it are infinite, and out of all that offers itself to be done, I can only select and do that which cannot be wisely or safely left undone. Thus far we have no official n(jtice from Europe of the proceedings there in regard to Mexico. I am, sir, your obedient servant, WILLIAM H. SEWARD. William L. Dayton, Esq., c * :); * IK * I had an earnest conversation with Mr. Frei Herosee on the subject of the possibility of the reception of any southern agent. He is an old friend of Mr. Dudley Mann. He is also one of the oldest and most influential members of the federal council and founders of the government, and has been several ANNUAL MESSAGE OF THE PRESIDENT. 333 times President. He confirmed warmly all that President Kniisel had said, and in plainer terms. Switzerland, he said, had always opposed rebellion and revolution everj^whcie. He alluded, I presume, to the days of 1848, during- which this republic acted with equal liberality and wisdom. She has herself passed through the same ordeal as that through which God is now leading ■us, and she knows what it is for foreign powers to cast the weight of their open encouragement or secret intrigue into the wrong scale. Whatever importance may be attached to the course which Svv^itzerland may pursue on this point, I am almost positive no agent would be received. I have the honor to be, sir, with the highest consideration, your obedient servant, THEO. S. FAY. Hon. AViLLiAii H. Seward, Secretary of Slate of the United States of America. 3Ir. Fay to Mr. Seward. [Extract.] No. 431.] United States Legation, Berne, July 2, 1861. Sir: It is with the permission of my successor, whom I learn to regard as a friend, that I address to you this my closing despatch. I have placed him in possession of the legation office records, cipher, library, furnitui-e, and all things pertaining to it. An inventory has been prepared, from the despatch books, of everything received j and he will doubtless inform you that he has verified it. Yesterday, July 1, he accompanied me to the Palais 1 <...'' ral, where we were received in the state reception-room by the president and by the sec- retary of the federal chancery, Mr. Leutscher. I handed in my letter of recall, and read, in German, the remarks I had prepared. I then formally presented my successor, who gave his letlre de creance, and who requested me to read a German translation of his remarks, which I did. The president then replied to the latter. I have the honor to subjoin these documents in English. Some conversation then ensued of a friendly character. On leaving, the president informed me he would make me a visit, and, taking me warmly by the hand, he said, (alluding to Neuchatel,) "we shall never forget what you have done for us." We then drove to all the legations, and I presented the new minister to the chefs demission, commencing with the French ambassador, the Marquis de Turgot. It gives me pleasure to say Mr. Fogg obviously made a favorable impression, and that it is a sincere satisfaction for me to see in my place a gentleman who I have no doubt will represent with dig- nity the new country, which God is disengaging from elements irreconcilable with its character as a Christian republic. In my remarks to the president I thought it a proper occasion publicly to record my opinion, that I might throw into tlie scale the influence, however small, which I'might possess from my long residence in Europe. With regard to the French and English declarations of neutrality, the enclosed extract from the " New York Commercial Advertiser" emboldened me to express the hope that those governments, whatever might have been 334 ANNUAL MESSAGE OF THE PEESIDENT. their original intention, wonld be careful as to the manner of applying the * principle adopted. I have the honor to be, sir, with the highest consideration, your obedient servant, THEO. S. FAY. Hon. William H. Seward, Secretary of State of the United States of America. Mr. Fay's 'parting remarks to the president of the Swiss confederaiion. Mr. President. I have the honor to hand to your excellency my letter of recall, and to present my estimable successor, against whom I have only one objection — that he will, I am afraid, perform the duties of his office better than I have done. I am instructed by the President of the United States on this occasion to repeat his sincere desire to continue to cultivate with you relations of the closest friendship. I resigned my appointment as minister in Switzerland, not that I had any power or right to retain it contrary to the President's wish, but -I thought it my dut}'', from certain considerations. This course was not induced by any discontent with Switzerland. On the contrary, I admire and love Switzer- land. In my official transactions with the government, and with the diffi^rcnt members of it, I have always found good sense and loyaut'e, and my private intercourse with the nation has caused it to rise always more in my esteem. I have been struck with the pure administration of justice, the universal love of country, the modest and yet effective character of the governments, and with the liberty of conscience asserted by superior authorities, even where embarrassed by local, contrary influences. Switzerland is peculiarly blessed by the Almighty, and she has it in her power, under Him, to be the happiest country in the world. Your free development in your present form is a necessity for Europe. Neither has my resigna on resulted from difference of opinion with the President of the United Slates. Our country is now occupied in a struggle with an institution as unmanageable as the hydra of Hercules. It is not my wish to misrepresent the proprietors of slaves. Many of them are sin- cere, Christian gentlemen. But the institution in its present form is irrecon- cilable with our national existence, with the religious sentiment of the majority, arid with the Word of God. Nothing can be clearer than the right and duty of the American people to protect themselves from its uncontrolled develop- ment, and from being drawn downwards in their career of political and religious civilization. Man should not live by bread alone, nor by cotton alone. The election of President Lincoln is the expression of this sentiment. The struggle in which he is engaged is one of light with darkness. Every Christian government in the world must be on his side, for he represents bumanit}'-, liberty, civilization, and religion. He represents also the principle of rational, popular government, and his course thus far has given reason to believe that he has been raised up by God to steer our nation through this tempest, by a union of moderation with energy, and of rapid decision with patient mercy and calm wisdom, if no encouragement from without be offered to the insurrection. No one who prefers good to evil would place an obstacle in his path. ANNUAL MESSAGE OF THE PRESIDENT. 335 The movement of certain southern States — not to say persons — represents not only rebellion against a Constitution and laws framed or freely accepted by themselves, but negro slavery and the African slave trade as one of its inevitable consequences. It represents also one of the g-reatest crimes recorded' in history — a black, secret, long-matured, treacherous conspiracy, extending its ramifications into European countries, which, among other objects, aimed at the conquest of Cuba, Mexico, and Brazil, as the basis of a great, despotic, and African slave-trade empire, and which, by the mercy of God, must be shipwrecked against the steadj^ firmness of the President, the honesty, the patriotism, and the religious sentiment of the American people. You will judge, Mr. President; also your government and your people; Europe and history will also judge how far any government, nation, or public press, can, consistently with its character, approve or in any way encourage such an enterprise, unless ignorant of its true nature. I have no doubt this insurrection, although it has reached such proportions, will be suppressed. We have the power, the right, and the will to suppress it. It is not a war between two powers entitled to equal international rights, any more than the rebellion in India was an international war. It is an insurrection, and nothing more, and one of the most unreasonable and unjust which the world has ever seen. The American Union, carried out according to its original intentions, offers to rapidly increasing millions material prosperity, political and religious liberty. It is a blessing for mankind; whereas the rise of a southern empire, built on such foundations, and aiming at such designs, could not but be a misfortune for itself and for all the world. It is one of the signs of our times that error not only boldly raises its head, but that it invites, with efi'rontery, the assistance of others, and sometimes receives encouragement from quarters where it would least be expected. I here in no way allude to the declarations of neutrality latel^^ proclaimed by two great powers, but to opinions expressed by several journals. The declara- tions of neutralit}'- have been prematurely considered unfriendly acts by a portion of my countrymen. They ought not to be so taken, unless applied in an unfriendly manner; and I have no fear that either of these enlightened and friendly governments would encourage the southern movement by receiving its representatives or suffering its marine prizes to be sold in their ports; and neither do I fear, Mr. President, that the government of Switzer- land, which has always on such occasions proved itself wise and just, would ever throw its weight into the scale of insane revolution, and of negro slavery disengaged from all restraint, and of the African slave trade, by receiving any representative of that portion of our States. In concluding, Mr. President, I have the honor to bid you farewell, and, in your person, to your estimable colleagues and to your free, well-conducted, and happy country. May it never forget whence this blessing comes, and what hand is indispensable for its continued preservation ! May jour lakes and mountains — the admiration of the world— ever represent, as they do now, peace, prosperity, prudence in foreign policy, and, at home, Christian liberty ! 3Ir. Fogg^s address to the President. Mr. PriKsmENT : The just and lucid statement of the present condition and prospects of the' United States made by my honored predecessor and friend leaves for myself little more than the agreeable duty of reaffirming what he has so well said. There are crises in the lives of nations as well as of individuals. Swit- 336 ANNUAL MESSAGE OF THE PRESIDENT. zerland has had her ci-ises. Times almost without number her brave moun- taineers have been called to arras to put down sedition at home and repel the invaders from abroad. Thanks to the God of liberty, they have always triumplied, and the land of Tell is still the home of the free. The United States has had her crises. In her infancy, when Washington led her brave sons to maintain her right to be one of the nations of the earth, then was her crisis. Her second great crisis is now, when a despotic institution raises the standard of intestine war, and appeals to foreign gov- ernments for sympathy and aid to break down freedom and free institutions in America. This crisis, like yours, shall be decided for liberty, and Ame- rica, too, shall remain the land of the free. The cloud which is now charged with destruction will soon be dispersed, and be followed by the sunshine of a purer and broader realization of the rights of mankind. I am instructed to assure your excellency of the cordial good wishes of ♦the President of the United States, and of his desire to cultivate and strengthen those relations of amity and sympathy which have always sub- sisted and ought always to subsist between governments w^hose political institutions are so nearly alike In conclusion, let me say to your excellency and your associates that it will be my highest ambition during my residence in your country to so dis- charge all my duties that, while jealously guarding the interests and rights of American citizens, I may deserve the confidence and enjoy the personal friendship of all the members of 3'our government. Should I be as fortunate in these respects as my predecessor has been, my highest hopes will be gratified. President KnueseVs reply. The Swiss confederation has always taken a lively interest in everything concerning the great sister republic beyond the Atlantic. How could it be otherwise ? The similarity of the democratic federative institutions, the independence and liberty which both enj(jy, and which they had to obtain by force of arms, has necessarily led to a mutual approach, however great the distance be which separates the old world from the new. In this may be found, perhaps, a principal reason why for a long series of years numer- ous Swiss families emigrated to the United States, where they sought and found a new home, and why the names of Swiss cantons and towns are now to be found where for thousands of years uncultivated and unpopulated forests and prairies existed. The intercourse between the two nations has since steadily increased ; the produce of one country finds its market in the other,, and numerous points of connexion develop themselves ever more and more. This harmony of political principles, sympathies, and interests has for its consequence a steadily increasing approach of both nations, which has already on different occasions shown itself by marks of mutual cordiality. Names like that of William Tell, so dear to Switzerland, were given to sea vessels by citizens of the United States. The federal council responded to that salutation by hoisting the Swiss flag on the mainmast of those ships. To the colossal monument which the United States erected in memory of their liberator, the immortal Washington, Switzerland has contributed a stone with an inscription. Many more similar marks of mutual esteem might be enumerated ; suffice it to add the remark that a treaty of friend- ship and commerce, concluded a few years ago, has but strengthened the relations between the two countries. Switzerland, from the sincere sympathy which she has for the welfare of the Union, looks v\' ith anxiety upon the issue of the events which now shake ANNUAL MESSAGE OF THE PRESIDENT. 337 that country. Switzerland passed through a similar crisis fourteen years ago, which threatened to tear asunder the then loose connexion of the twenty-two cantons. But renewed rose the present confederation from that tempest ; strengthened internally and abroad, she now stands there, }; ^; >i< ;i< ^c H< 5f< In Germany, where discussion always partakes more of an absolute na- ture than anywhere else, from causes not necessary to delineate here, Amer- ican affairs are more justly and comprehensively handled, and being more completely divested of their transitory features, results as I have stated. On the whole, I think our government and the people it represents have not, thus far, any adequate cause to complain of the attitude of European governments, or the state of European opinion, toward them. The insur- gents are nowhere in favor, and certainly have not received so much tolera- tion and encouragement in Europe as was extended to them by a portion of 356 ANNUAL. MESSAGE OF THE PRESIDENT our own press and by the administration of Mr. Buchanan, previous to the breaking out of the war. ***** We all feel the deepest interest in the progress of events at home, and the utmost solicitude to do on this side of the Atlantic whatever is possible to further the ideas and purposes of our government. For my own part I am most anxious to go wherever, and to do whatever, I can to promote the de- signs and aid the labors of the administration in the great work devolved upon them. I have the honor to be, with the highest respect, your obedient servant, JAMES S. PIKE Hon. WiLijAM II. Seward, Secretary of Slate, Washington. Mr. Seward to Mr. Pike. No. 9] Department of State, Washington, July 8, 1861. Sir: Your despatch, No. 3, dated Juno 14th has been received, and the information which it brings is a cause of high satisfaction. Your proceed- ings in the various matters mentioned in that communication are approved. I am, sir, respectfully your obedient servant, WILLIAM H. SEWARD. James S. Pike, Esq., &c., &c., &c. Mr. Seward to Mr. Pike. No. 11.] Department of State, Washington, July 8, 1861. Sir: Your despatch, No. 4, dated June 16 has been duly received. You will, at the first convenient opportunity, make known to the minister of foreign affairs the satisfaction with which the United States has received intelligence of the prompt decision and friendly action of the government of the Netherlands on the subject of the disturbances occurring in our country. You will receive herewith, confidentially, a copy of my last despatch to Mr. Dayton on the subject of the profier of our adhesion to the declaration of the congress of Paris. It will serve, I think, to relieve your uncertainty, and to indicate the course you shall pursue. Only Great Britain and France have assumed to say to us that they regard our country as divided or broken, for any purpose, whether of war or of peace. And we have not thought proper to receive that communication from them. We treat as being the sovereign government over all the Union — the disloyal and the loyal, all alike — or we do not treat at all. This simple statement will, perhaps, be necessary to make the paper addressed to Mr. Dayton clearly intelligible to you. These latter remarks you will consider as confidential. I am, sir, respectfully, your obedient servant, WILLIAM H. SEWARD. James S. Pike, Esq., &c., &c., &c. AiraUAL MESSAGE OF THE PEESIDENT. 357 Mr. Pike to Mr. Seimrd. [Extract.] No. 8.] United States Legation, The Hague, July 12, 1861. Sib: I have communicated to Baron de Zuylen, as directed, your high appreciation of the course of his government on our domestic affairs, as manifested and expressed in his reply to my predecessor's communication of the 8th of April last. I have the honor to be, witli great respect, your most obedient servant, JAMES S. PIKE. Hon. William H. Seward, Secretary of Stale, Washington. Mr. Seward to Mr. Pihe. No. 12.] Department of State, Washington, July 26, 1861. Sir: Your very interesting despatch of June 22 (No. 6) has been received. The President is gratified with the just and proper sentiments expressed by the government of Holland concerning the United States. Subsequently to the sending of my despatch to you concerning the affairs of the western powers in Japan, communications have been received from the Tycoon, and his ministers for foreign affairs, measurably supported by Mr. Harris, our excellent representatative there, urging a delay in opening the ports under the treaty in terms so strong that the President has con- cluded that I shall have a conference here with the representatives of the powers interested in the question. This conference will be held next week. You will be advised of whatever is considered. We have met a reverse in arms. But though at first it seemed appalling, because it was as severe as it was unexpected, yet the result is even now seen to be only a signal for greater effort and more determined resolution. I send you, confidentially, a copy of my most recent despatch to Mr. Adams. I am, sir, respectfully, your obedient servant, WILLIAM H. SEWARD. James S. Pike, Esq., &c., &c., &c. Mr. Seward to Mr. Pike. No. 15.] Department op State, Washington, August 15, 1861. Sir: We learn, in a manner which obliges us to give unwilling credit, that the Sumter, an armed steamer, well known through all the American seas to be a privateer fitted out for and actually engaged in depredations upon the commerce of the United States by some disloyal citizens, under the command of an officer named Semmes, on or about the 11th of July last, entered the port of Curafoa and communicated directly with the local author- 358 ANNUAL SIESSAGE OF THE PRESIDENT. ities of that island; that she was hospitably received there and was permitted to take a large quantity of coals, (said to be 120 tons,) and also to take on board a large supply of provisions; that the privateer's crew was allowed entire freedom in the place; that when one of the crew had deserted, an order was given by the authorities of the port for his arrest; that the attempt for that purpose having proved unsuccessful, the same authorities pledged themselves that the arrest should be afterwards effectually made, and that the deserter should be held in custody, to be surrendered to the pirate captain on his return homeward to the island. You are instructed to bring this matter immediately to the notice of the government of the Netherlands. The subject of damages for so great a violation of the rights of the United States will be considered when we shall have properly verified the facts of the case. In the mean time you will ask the government of the Netherlands for any explanation of the transaction it may be able or see fit to give. You will further say that the United States, if the case thus stated shall prove to be correct, will expect, in view of the treaties existing between the two countries, and the principles of the law of nations, as well as upon the ground of assurances recently received from the goveror of the Netherlands, that it will disown the action of its authorities at Cura9oa, and will adopt efficient means to prevent a recurrence of such proceedings hereafter. If the case thus presented shall not be found entirely erroneous, or be very essentially modified, the United States will expect that the governor of the island of Curafoa will be promptly made to feel the severe displeasure of the government of the Netherlands, a coun- try with which we have lived on terms of unbroken friendship for three quarters of a century. I am, sir, respectfully, your obedient servant, WILLIAM H. SEWARD. James S. Pike, Esq , d^c, Sc, Sc. Mr. Pike to Mr. Seward. No. 13.] United States Legation, Tlie Hague, August 18, 1861. Sir: I avail myself of the departure of my predecessor, Mr. Murphy, for America, who sails in the Arago from Havre on the 20th instant, to send you this communication. The news from America to the 8th instant, which comes to-day by telegraph, is received with satisfaction. The continued successes in Missouri; the election of a majority of Union representatives to the Kentucky legislature, giving renewed assurance of the conservative position of that important State; the prevailing quiet in Maryland and Delaware; and the failure of the confederate commanders to take any advantage of their recent extra- ordinary good fortune, all tend to reproduce the general state of feeling that prevailed on this side of the Atlantic before the occurrence of the disaster at Bull Run. But there has never been anything here to correspond to what appears to have been the momentary depression and alarm felt at home after the repulse of our troops. The event was never regarded here to be of great signifi- cance, as it was a flight without a pursuit, and a victory of which the victor was not aware. The reverse seems now to be all summed up in the fact of a failure to advance on the part of the Union forces. ANNUAL MESSAGE OF THE PEESIDENT. 359 Still it is not to be disguised that the obstacles to be overcome in reducing the insurgents are regarded to be formidable when the large armed force they have been able to bring into the field is considered. There exists, however, a consideration which seems to check confidence in their ability to hold out, resting on the general belief of their destitution of resources to maintain a large body of troops in the field, and that the lapse of time will thus operate unfavorably on their levies. Your despatch of the 26th of July (No. 12) is received. I am gratified to know that I am able to communicate anything which you deem of particular interest. It affords me still greater satisfaction to have your assurance in the copy of 3'our despatch to Mr. Adams, therewith enclosed, that "it is not likely anything will now be done here hastily or inconsiderately affecting our foreign relations." I have the honor to be, with great respect, your most obedient servant, JAMES S. PIKE Hon. William H. Sewakd, Secretary of State, Washington. Mr. Pike to Mr. Seward. [Extract.] No. 14.] United States Legation, The Hague, August 28, 1861. Sir: The mails of to-day bring intelligence from Amei-ica that the privateer steamer Sumter, bearing the so-called confederate flag, has been permitted by the authorities at Curacoa to enter and replenish her exhausted stock of fuel and supplies with Avhich to renew her career of depredation upon the commerce of the United States. I have instantly called the attention of this government to these reports, and have assured the minister of foreign affairs that, if they shall be borne out by the facts of the case, in view of the recent prompt and friendly action of the Dutch government in relation to privateering, they will be regarded by the government and people of the United States with equal regret and surprise. I think it will prove that the orders of the Dutch government to their colonial authorities to exclude privateers from their ports, which were issued about the middle of June, and of which I apprised you on the 16th of that month in my despatch No. 4, have by some means failed to reach Cura9oa. The ships which were sent out were expected to rendezvous at Cura9oa and winter in those seas. But they may be delaying their visit to avoid the heats of summer. I hope to be able to afford you more detailed information by the next mail, which want of time prevents me from obtaining now in season for this. I thought of suggesting the publication in our newspapers of the Dutch proclamations, copies of which I forwarded to you with the despatch referred to, but I concluded the department did not need my suggestions on that head. I have the honor to be, with great respect, your most obedient servant. JAMES S. PIKE. Hon. William H. Seward, &c., &c. 360 ANNUAL MESSAGE OF THE PRESIDENT. 3Ir. Pike to Mr. Seicard. No. 15.] United States Legation, The Hague, September 4, 1861. Sir : Since writing' to you on the 2Sth ultimo in regard to my action on the strength of the public reports in respect to the steamer Sumter, I have received your despatch, No. 15, under date of the 15th of August, and also its duplicate. I immediately addressed a communication to this government presenting the substance of that despatch. I have since had two interviews with Baron Van Zuylen, the minister of foreign affairs, on the questions involved and likely to be involved in the case. Mr. Van Zuylen has informed me that his government has received a brief communication from the governor of Cura9oa stating that the vessel in question put into the port of Oura9oa in distress, and was not a privateer. In the course of our first interview Baron Van Zuylen dropped the remark that it was probable the vessel was regarded as a ship-of-war of the so- called Confederate States, but he subsequently seemed to desire to withdraw the suggestion. I felt it to be my duty to protest against the idea that aid and countenance could be aflbrded by a friendly power to the Sumter, though she did assume the character of a ship-of-war of the insurgents. I claimed that were she afforded shelter and supplies on this ground by the authorities at Cura9oa, and should the Dutch government approve the act, it would be, substantially, a I'ecognition of the southern confederacy, and that in my judgment such an act would be regarded by the United States as an unfriendly, and even hostile act, which might lead to the gravest consequences. I held that nothing more need be asked by the so-styled Confederate States, as a practi- cal measure of recognition, than that a ship like the Sumter, claiming to be a national vessel of those States, should be permitted to enter the neighbor- ing ports of foreign nations, and there obtain the necessary means to enable her to depredate upon the commerce of the United States. That such a course on the part of any power, aggravated by the fact that she was unable to obtain such supplies at home, so far from being neutral conduct was really to afford the most efficient aid to the men who were in rebellion against their own government, and plundering and destroying the vessels and property of their fellow citizens on the high seas. I protested against such a doctrine as tending necessarily to the termination of all friendly relations between our government and any government that would tolerate such practices, whether that government were France or England, or Spain or Holland. I remarked that it was not for me to judge of the purposes of European powers in regard to the existing state of things in the United States; but if there were to be exhibited a disposition anywhere to take advantage of our present situation, I believed it would be found that such a course could not be taken with impunity now, nor without leading to alienation and bitterness in the future. Baron Van Zuylen hereupon explained that the earnest desire of his government was to maintain friendly relations with the United States, and to do nothing to interrupt the existing harmony between the two countries. That the point in question had not been considered by his government, and that the whole case should receive careful attention so soon as the facts relating to it could be ascertained. He has since sent me a note on the subject, which I enclose. The baron stated to me that the governor of Cura9oa had received the in- structions of the Dutch government, and the baron was of the opinion that ANNUAL MESSAGE OF THE PRESIDENT. 361 tbo governor had paid too much attention to the letter, overlooking- the spirit of the instructions, which remark I took to mean, that as the gover- nor's instructions only ordered the exclusion of privateers and vessels not in distress, and that as the Sumter claimed to be a vessel of war, and to be in distress, the governor had sought to shield his action under this shallow and transparent device of the privateer, which could certainly deceive nobody who was not willing to be deceived. I presume there is no danger of the Dutch government taking an}' position on this question in haste, as that is not their way. It is quite probable they will take time to send to Cur9aoa for facts and particidars. Meantime the British government seem likely ta have to act on the same question, as I see the Sumter has been at Trinidad, which will afford them a precedent, for which I am the more sorry, as I learned enough while I was in England to satisfy me that that government was likely to indulge in loose practices in regard to vessels sailing under the confederate flag. But there is nothing in the circumstances or dispositions of this govern- ment, in my opinion, to induce them to exhibit unfriendliness to us or grant favors to the confederates, whatever there may be on the part of some of their slaveholding governors, of whom I infer him of Cura9oa to be one. I expect therefore to find the authorities here pursue a course void of offence towards the United States, however others may act. I shall make it my endeavor to induce the minister of foreign affairs to have sent out at once such instructions to the West Indies as will prevent the Sumter, or her con- federates, from making use of the Dutch ports in future, whatever their pre- tensions. Since penning the foregoing, and at the last moment before being com- pelled to close for the mail, I have had a third interview with Baron Van Zuylen. He states that the instructions sent out in June were framed pur- posely diflFerent from those of France, and excluded all reference to vessels of war, solely because that course was deemed more favorable to the United States government which had ships-of-war and no privateers. You will re- member that I called atteiition to this peculiarity at the time. In answer to my inquiry whether he would not immediately adapt his in- structions to cover such cases as that of the Sumter, information of which I was desirous to transmit by the next steamer, he replied that the subject was now under consideration in the colonial department. He insisted, how- ever, that the governor of Curagoa declared the vessel was admitted on the ground of her being in distress, she having carried away one of her masts, and that before admitting her he convoked his council, who recommend the course he pursued. I renewedly represented to Baron Van Zuylen the very grave character of this question and its vital importance to the commerce of the United States. Since the government here must by this time fully understand that our government is very much in earnest on this subject, I entertain the hope that they Mnll hurry their deliberations to a favorable conclusion. Allusion having been made on my part to the possible influence of slave- holding sympathies in this case, 1 was pleased to be informed by Baron Van Zuylen that the question of slavery had been finally determined in Holland, and that emancipation is to take place in all the Dutch colonies within two years. I have the honor to be, with great respect, your most obedient servant, JAMES S. PIKE. Hon. William H. Seward, Secretary of State, Washington. dbZ AIs^NUAL MESSAGE OF THE PEESIDENT. Baron Van Zuylen to Mr. Pike. [Ti-anslation.] The Hague, September 2, 1861. Sir: I have the honor to acknowledge the receipt of your communications of the 28th of August and of 2d of September. I hastened to communicate these notes to the minister of the colonies, and I hope to be enabled at an early day, and so soon as the reports of the Governor of Cura§oa respecting the affair of the steamer " Sumter" shall be known to me, to give you a reply upon this subject. Be pleased, sir, to accept the renevrcd assurance of my high considei'ation, DE ZUYLEN DE NIJEVELT. Mr. Pike, Minister Besident of the United States of America. Mr. Seward to 3Ir. Pike. No. 21.] Department of State, Washington, September 5, 1861. Sir: Your despatch of August 18, (No. 13,) has been received, and the opinions it expresses seem to be just, while the information it gives is very satisfactory. Treason is apt to mature its energies before it strikes the first blow; on the other hand, loj-alty is unapprehensive of danger and usually waits for conviction of the necessity for defence. Tlie course of this domestic civil war illustrates this maxim. The fortunes of the insurrection hang on immediate success and despatch; efforts, therefore, are made to secure it. I feel sure, on the contrary, that the government has been continually gaining strength with every expenditure of vigor it has made. You will be gratified to learn that the paper issued by the government is at par in the market where gold and silver are recognized as the only lawful tender in the pay- ment of debts. While you will not hold out inducements of rewards or bounties for soldiers, you may say, whenever it shall seem expedient, that any foreigners arriving in this country will probably find no difficulty in finding military employment. With a high appreciation of your discretion and vigilance, I am, sir, re- spectfully, your obedient servant, WILLIAM II. SEWARD. James S. Pike, Esq., SfC, d-c., &c. Mr. Pike to Mr. Seicard. [Extract.] No. 16.] Legation of the United States, The Hague, September 11, 1861, Sir: Subsequently to the interviews I had with the minister of foreign aifairs, of which I spoke in my last, and after the transmission to you of my despatch (No. 15) of the 4th instant, I addressed the following communica- tion to Baron Van Zuylen: ANNUAL JklESSAGE OF THE PRESIDENT. 363 "Legation of the United States, " The Hague, September 1, 1861. " Sir: I do not understand this government to have yet distinctly conceded ' bellig'erent rights' to the self-styled Confederate States. "In behalf of my government I beg to say that I trust Holland will not take this position now, and open the questions to flow thei-efrom. By doing so, this government may make an enemy of the United States, through the consequences growing out of that act. But Holland will not thereby make a friend of the rash and misguided men who lead the rebellion against the American government. For their object is to perpetuate and extend African slavery. With this object Holland can have no sympathy. Your government has just now determined to abolish that remnant of barbarism in your colonial possessions. " The slaveholders' rebellion cannot be successful. The United States has determined it shall not be, and that it will preserve the union of the States at whatever cost. "But even if we admit, for argument's sake, that some of the slaveholding States should be allowed hereafter to depart from the Union, still would the rebellion be unsuccessful in its objects, and hospitality shown to its progress be unavailing. The United States would be still resolute to defeat the purposes of the rebel slaveholder. They would do this by their own unaided efforts. They might readily co-operate with foreign powers to the same end. Such of those powers as hold possessions in America, wherein slavery has been abolished, would join in this object from motives of justice and humanity, as Avell as from considerations of policy and consistency. Those who have colonies where the practice still prevails would gladly con- cur in self-defence. England having abolished slavery, France having put it under her feet, the position of these two great maritime powers on this subject is fixed. The recent action of the French Emperor is conclusive as to tin; policy of that powerful monarchy. Spain, in her late trespass upon St. Domingo, has been constrained to formally stipulate that she will not reintroduce slavery in that island; Mexico and Central America will be only too eager to enter into stipulations that shall save them from any attempted spoliation, and preserve the condition of freedom from slavery for all their inhabitants now and hereafter. A common civilization throughout the world will look with favor on a common union to crush the offensive pur- poses of the rebellious slaveholder. His success, therefore, is out of the question. Unless the world is to go backwai'd, and history reverse its lessons, this rebellion in its leading purpose is foredoomed. Even govern- ments cannot save tliat against which humanity revolts. Surrounded by communities on the north, on the south, on the west, that have expelled slavery; the islands of the Caribbean sea nearly all emancipated from this pestilent system; the fabric of the rebellious slaveholder, which he is so madly ambitious to erect, were even its temporary' establishment possible, would soon be washed avv^ay by the attrition of surrounding influ- ence upon its crumbling foundations, and its remains left a ruin in the world. "It is thus neither just nor politic, in any point of view, for the povv^ers of Europe to do anything to encourage this abortive and criminal enterprise of the rebellious American slaveholder. For though they should do ever so much, the effort will be none the less abortive, through the operation of forces that governments cannot control. "The recognition of 'belligerent rights' to the party in question by England and France was a precipitate and unnecessary act. It was surely time enough to do this when the alternative presented an embarrassing situation. "The Dutch government has been wiser. In continuing to occupy the position of refusing all countenance to the authors of such a hateful rebel- 364 ANNUAL MESSAGE OF THE PRESIDENT. lion, the Netherlands will do an act which will be viewed with the liveliest satisfaction by the United States, and, I may be permitted to add, one . worthy the traditions of this ancient and renowned state, and will set an example well worthy the respect and consideration of other nations. " The undersigned, &c., &c. "Baron Van Zitylex, d:c., &cP On the 9th instant I had an interview with Baron Van Zuylen, again urging him in the most earnest manner to issue such instructions to the Dutch authorities in the West Indies as would percmptorilj^ exclude from their ports every species of ci'aft set afloat by the secessionists. Baron Van Zuylen appears, and I have no doubt is, very desirous to do all he possibly can, under what he deems the requirements of public law, to carry out the wishes of the United States in this matter. He does not con- sider that his government has recognized belligerent rights, and desires not to be pressed on that point. I told him we had no desire to press him to do anything, except to issue such instructions to his colonial governors as will efifectually exclude the piratical vessels of the secessionists from making use of the Dutch ports. He asked then if we would consent to have our own ships-of-war excluded. I told him if that was necessary to relieve him from a dilemma, I did not know how far such an act might be tolerated for the sake of an advantage which we could procure in no other way. "We might not find fault, if thereby we found our interests advanced. But, of course, I could not undertake to commit my government on the point. I remarked that exclusion would not operate to our disadvantage, inasmuch as we had command of the sea, while it would be fatal to the plunderers, as they had no retreat at home. He in- timated that his government contemplated making the proposition to the United States. He also remarked that the course of our own government threw impediments in their way; for while we regarded the secessionists as rebels, we did not seem to treat them as such when taken prisoners, not even their privateers. I concluded the interview by renewedly urging every con- sideration I could adduce to induce him to issue the desired orders, and to lose no time in doing it. He will soon make a written communication on the whole subject, which I will forward at the earliest moment after receiving it. After my interview, I addressed Baron Van Zuylen the following note: " United States Legation, " The Hague, September 9, 1861. " Sir: Referring to our conversation of to-day, I beg to suggest that what appears to you a practical difficulty may, it seems to me, be properly over- •come by your government issuing orders to its colonial authorities to regard all armed vessels bearing the so-called confederate flag as privateers. They are so in fact, and they should not be allowed to shield themselves under any other pretext. Unless a vessel claiming to be a ship-of-war exhibit some prima facie evidence of being such, in her size, and in her other external symbols and aspects, which these piratical craft do not, the proper authorities may well claim the right to decline all investigation of the case, and assume her unlawful character. "The undersigned, &c. &c. " Baron Van Zuylen." ********* I have the honor to be, with great respect, your obedient servant, JAMES S. PIKE. Hon. William H. Seward, Secretary of Slate. ANNUAL MESSAGE OF THE PRESIDENT. 365 Mr. Pike to Mr, Seward. [Extract.] No. 17.] United States Legation, The Hague, September 18, 1861. Sir: The minister of foreign aflairs lias not yet furnished me with the promised communication on the Sumter case. On the 12th instant I addressed him tlie following note: "Sir: Referring to my recent communications to you on the case of the Sumter, I beg to say, in order to avoid all possibility of cavil or misappre- hension, that, in speaking of or alluding to the marauding vessels of the persons in rebellion against the United States government as ' privateers,' I refer to them as such only in the sense of their own pretensions; the United States government, as you are well aware, regarding them solely as piratical craft, and the persons engaged thereon as pirates. " I have the honor to be, &c., &c. " Baron Van Zuylen, dc, d-c." I have the honor to be, with great respect, your most obedient servant, JAMES S. PIKE. Hon, William H. Seward, Secretary of State, Washington. Mr. Seivard to Mr. Pike. No. 22.] Department of State, Washington, September 23, 1861. Sir: Your despatch of August 28, No. 14, has been received. We await with some interest the explanations of the government of the Netherlands concerning the affair at Gura^oa, but at the same time with very great confi- dence that it will be conformable to the good and friendly relations existing between the two countries. I am, sir, respectfully, your obedient servant, WILLIAM n. SEWARD. James S. Pike, Esq , c&c., f&c, Sc. Mr. Pike to Mr. Seivard. [Extracts.] No. 18.] United States Legation, The Hague, September 25, 1861. Sir: I have the honor to enclose the communication from the Dutch gov- ernment in reference to the Sumter case. Though dated the 11th, it did not make its appearance to mo till the 20th. You will perceive that the ground taken in regard to the harboring of the Sumter in the port of Cura9oa is, that it was the case of a vessel in distress. This paper, however, goes beyond the case in hand, and argues the claim of the seceding States to be considered belligerents, and their rights as such, besides going over the whole ground of the rights of neutrals. 366 ANNUAL MESSAGE OF THE PEESIDENT. Baron Van Znylen makes out to his own satisfaction that the secessionists hold that position, and that this carries with it the right of hospitality, in neutral ports, to their ships-of-war. To my suggestion in my note of the 9th, that the Sumter was in no just sense a ship-of-war, but a privateer, or, as our government claims, a pirate, and that the want of the ordinary characteristics of a ship-of-war, besides the fact that she bore a strange flag of no recognized nationality, entitled us to ask of Holland, as a friendly nation, to assume her unlawful character. Mr. Van Zuylen opposes an argument to show that the Sumter was really a ship-of-war of the Confederate States, and that an impartial neutrality de- manded that she be so treated. He finds his support of his position that this was the Sumter's real character in the declarations of her captain and in the allegation of Harpers' Weekly. The minister of foreign affairs seems to admit the force of the argument I had previously urged, that it was inconsistent with all ideas of a just neu- trality that these marauding vessels of the secessionists could be allowed to make free use of the neighboring ports of a power holding friendly relations with the United States, for hostile purposes, and this, too, while deprived of all shelter or resource at home. And, in reply to my earnest request that he would cause to be issued to the Dutch colonial authorities in the West Indies orders against such use of their ports. Baron Nan Zuylen de Nijevelt declares, under cover of his general principles, that orders shall be issued in the sense of forbidding the use of the Dutch ports as the base of operations against United States commerce, or, as he phrases it, by either of the belligerents. In regard to this part of Mr. Van Zuylcn's communication, I will here observe that much will depend upon the character of these instructions, and not less upon the spirit in which they are executed. It is in the power of the Dutch government, and of its colonial authorities, to so act, upon the basis of the rule laid down on this head, as to avoid further cause of com- plaint on the part of the United States, and to efiectually prevent these sea robbers from making use of the Dutch ports as a means of pursuing their ravages; and I have so expressed myself to Baron Van Zuylen in the note of which I have the honor to annex a copy. I will add that I have confi- dence that such orders will be given. The following is a copy of my note to Mr. Van Zuylen: "United States Legation, The Hague, September 23, 1861. "Sir: I have had the honor to receive your communication of the iTth instant, which will, in due time, receive that attention its importance merits. " Meantime I desire to observe that, as must have been obvious to you, I have hitherto contented myself with advancing general considerations ap- pealing to the friendly dispositions of Holland, rather than in invoking the application of the strict rules of public law to the case under review. "The Dutch government exercises its undoubted right in overlooking such considerations, and in assuming the championship of a so-called neutrality, which insists upon treating a domestic disturbance as a war between equals. " For those who so desire, as I am sure Holland does not, it is easy to be persuaded of an incipient nationality in an insurrection, and to see a ship-of- war in every pirate that insults mankind with her depredations or shocks it with her crimes. " I have great satisfaction in learning from his communication that Baron Van Zuylen recognizes the force of the considerations I have had the honor A^^NUAL MESSAGE OF THE PRESIDENT. 367 to present to him touching- the evident violation of a just neutrality which is involved in the free use of the ports of the Netherlands by the cruisers of persons engaged in piratical depredations upon the commerce and shipping of the United States, and also in learning that the government of his Majesty has determined that it will not permit its ports to he made the base of opera- tions against that commerce, and that instructions in this sense will be addressed to the governors of the Netherlands colonial possessions. "It is in the power of the Dutch government, acting upon the rule it has thus laid down, to issue such instructions to its colonial authorities as shall prevent further cause of complaint on the part of the United States, if those instructions shall be executed in good faith. "The United States government will rely upon the action of Holland in this respect, and will still confidently look for such a course on the part of the Dutch government as will aid it in driving the instigators of rebellion and plunderers of property upon the high seas from the haunts they infest, and in bringing them to condign punishment. " I have the honor, &c., &c. "JAMES S. PIKE. "Baron Van Zuylex, £c., &cP To-day I have addressed Baron Van Zuylen the following note: "United States Legation, ''■The Hague, September 25, 1861. "Sir: I shall to-day forward your communication of the ITth instant to my government. I do it with reluctance, since its basis is found, as I have already remarked to you, in the assumption of the government of the Nether- lands that the domestic disturbance in the United States is a war between equals. " It cannot be supposed that the United States will consent to debate the question of an abridgment of their sovereignty^ with Holland or anj' other nation. "The United States are one whole undivided nation, especially so far as foreign nations are concerned, and Holland is, by the law of nations and by treaties, not a neutral power between two imaginary parties there, but a friend of the United States. There is in the United States, as there has always been since the establishment of the government, one political power, namely, the United States of America, con potent to make war and peace, and conduct alliances and commerce with loreign nations. There is none other, either in fact, or recognized by foreigi. nations. There is, indeed, an armed sedition seeking to overthrow the government, and the government is employing military and naval force to suppress it. But these facts do not constitute a war presenting two belligeicnt powers, and modifying the national character, rights, and responsibiliti: s, or the character, rights, and responsibilities of foreign nations. "That Holland should take a difierent viev.- of the case will, I am sure, be a subject of very deep regret to the United iitates. " The undersigned, &c., &c. "JAMES S. PIKE. " Baron Van Zuylen, d-c, &cP I have the honor to be, with great respect, your most obedient servant, JAMES S. PIKE. Hon. Wm. H. Sewakd, Secretary of State, Washington, D. C. ^ 368 ANNUAL MESSAGE OF THE PRESIDENT. Baron Van Zuylen to Mr. Pike. [Translation.] The Hague, September 17, 1861. Sir: The department of the colonies has just communicated to me the in- formation, transmitted by the governor of Cura(;oa, concerning the affair of the ship " Sumter," and I hasten to bring to your notice the following obser- vations, byway of sequence to the preliminary reply which I had the honor to address to you on the 2d of this month. According to the principles of the law of nations, all nations without exception may admit vessels of war belonging to a belligerent State to their ports, and accord to them all the favors which constitute an asylum. Conditions are imposed on said vessels during their stay in the port or foadstead. For example, they must keep perfect peace with all vessels that may be there ; they may not augment their crews, nor the number of their guns, nor be on the lookout in the ports or roadsteads for the purpose of watching after hostile vessels arriv ing or departing, &c. Besides, every state has the right to interdict foreign vessels of war from entrance to ports which are purely military. Thus it was that Sweden and Denmark, in 1854, at the time of the Crimean war, reserved the right to exclude vessels of war from such or such ports of their dominions. The neutral power has also the right to act like France, who, b}-- her dec- laration of neutrality in the war between the United States and the Con- federate States, under date of 9th June last, (Moniteur of 11th June,) does not permit any vessel of war, or privateer, of one or the other of the bel- ligerents, to enter and remain with their prizes in French ports longer than twenty-four hours, unless in case of refuge under stress. In the proclamation of the month of June, last, which was communicated to you with my despatch of the 13th, the government of the Netherlands has not excluded vessels of war from her ports. As to privateers, the greatest number of the maritime nations allows them the privilege of asylum upon the same conditions nearly as to vessels of war. According to a highly-esteemed author on the law of nations, (Haute- feuille, Droits et Devoirs des Nations Neutres, I, p. 139,) privateers may claim entrance into the ports of nations which have consented to accord asylum to them, not only in cases of pressing dangers, but even in cases in which they may deem it advantageous, or even only agreeable, and for ob- taining rest or articles of secondary necessity, such as the refreshments they may have need of. The terms of the proclamation of the Netherlands government, which admits privateers into Netherlands ports only in cases of distress, harmo- nize with this doctrine. Moreover, according to the information received from the governor of Cura9oa, the " Sumter" was actually in distress, and that functionary could not, therefore, refuse to allow the said vessel to enter the port. Strong in its amicable intentions, the King's government does not believe itself bound to confine itself to the defence of the conduct of one of its agents in the particular case under discussion. It is not ignorant that ic can or may hereafter be a contested question in such cases as to the reality of the distress in which stfch vessel or other would be, and that thus the subject of the admission generally of the Confederate States vessels would rest untouched. I, therefore, sir, think it opportune to look into the ques- ANNUAL MESSAGE OF THE PRESIDENT. 369 tion to determine whether the Sumter should have been admitted at Cura9oa outside of the condition of well-assui'ed distress. It is evident that the reply to be made is dependent on another question — that is to say, was this vessel a man-of-war or a privateer? In the latter case, the Netherlands government could not, except in case of a putting' in compelled by distress, (relache forcce,) admit the Sumter into the ports of its territories. It is not sufficient to dispose of the difficulty by the declaration that the Sumter is, as is stated in your despatches, " a vessel fitted out for, and ac- tually engaged in, piratical expeditions," or " a privateer steamer." Such an assertion should be clearly proved, in accordance with the rule of law, " affirmanti incumhit prohatio." After having poised, with all the attention which comports with the weightiuess of the matter, the facts and circumstances which characterize the dissensions which now are laying desolate the United States, and of which no government more desires the prompt termination than does that of the Netherlands, I think I may express the conviction that the Sumter is not a privafeer, but a man-of-war — grounding myself on the following con- siderations: In the first place, the declaration of the commander of the vessel given in writing to the governor of Curacoa, who had made known that he would not allow a privateer to come into the port, and had then demanded expla- nations as to the character of the vessel. This declaration purported "the Sumter is a ship-of-war duly commissioned by the government of the Con- federate States." The Netherlands governor had to be contented with the word of the com- mander couched in writing. Mr. Ortolan, (Diplomatic de la Mer, I, p. 217,) in speaking of the evidence of nationality of vessels of war, thus expresses himself : " The flag and the pennant are visible indications, but we are not bound to give faith to them until they are sustained by a cannot shot." The attestation of the commander may be exigible, but other proofs must be presumed; and, whether on the high seas or elsewhere, no foreign power has the right to obtain the exhibition of them. Therefore the colonial council has unanimously concluded that the word of the commanding officer was sufficient. In the second place, the vessel armed for war by private persons is called " privateer." The character of such vessel is settled precisely, and, like her English name, (privateer,) indicates sufficiently under this circumstance that she is a private armed vessel — name which Mr. Wheaton gives them. — (Elements of International Law, II, p. 19.) Privateering is the maritime warfare which privateers are authorized to make, /or their own account, against merchant vessels of the enemy by virtue of letters of marque which are issued to them by the State. The Sumter is not a private vessel; is not the private property of uncon- nected individuals — of private ship-owners. She, therefore, cannot be a privateer; she can- only be a ship-of-war or ship of the State armed for cruising. Thus the Sumter is designated, in the extract annexed from "Harpers' Weekly," under the name of "rebel ship-of-war." Thirdly. It cannot be held, as you propose in your despatch of the 9th of this month, that all vessels carrying the confederate flag are, without dis- tinction, to be considered as privateers, because the principles of the law of nations, as well as the examples of history, require that the rights of war be accorded to those States. The government of the United States holds that it should consider the States of the south as rebels. Ex. Doc. 1 24 370 ANNUAL MESSAGE OF THE PEESIDENT. It does not pertain to the King's government to pronounce upon the sub- ject of a question which is entirely within the domain of the internal regu- lation of the United States; neither has it to inquire whether, in virtue of the Constitution which rules that republic, the States of the south can sepa- rate from the central government, and whether they ought then, aye or no, to be reputed as rebels during the first period of the difficulties. But I deem it my duty to observe to you, sir, that, according to the doctrines of the best publicists, such as Vattel, III, c. 18, § 292, and Mr. de Rayneval, Droit de la Nation et des Gens, I, p. 161, there is a notable dift'erence between rebellion and civil war. " When," says Vattel, " a party is formed in the state, which no longer obeys its sovereign, and is strong enough to make head against him, or in a republic, when the nation divides into two opposing parties, and on one side and the other take up arms, then it is civil war." It is, therefore, the latter which now agitates the great American republic. But, in this case, the rights of war must be accorded to the two parties. Let me be allowed to cite here only two passages ; the one from Vattel, (II, c. 4, § 56,) which reads : "Whenever affairs reach to civil war the ties of political association are broken, or at least suspended, between the sove- reign and his people. They may be considered as two distinct powers; and, since one and the other are independent of any foreign authority, no one has the right to judge between them. Each of them may be right. It follows, then, that the two parties may act as having equal riglit." The other passngc is taken from the work of a former minister, himself belonging to the United States, Mr. Wheaton, who, in his Elements of International Law, c. I, p. 35, (Am. ed., part 1, p. 32,) thus expresses himself: " If the foreign state would observe absolute neutrality in the face of dissensions which disturb another state, it must accord to both belligerent parties all the rights which war accords to public enemies, such as the right of blockade, and the right of intercepting merchandise contraband of war." As for historic evidence, it will suffice to call to mind from ancient times the struggle of the United Provinces with Spain, and from modern date the war between the Hispano-American colonies and the mother country since 1810, the war of independence of Greece from Turkey since 1821, &c. It will doubtless be useless to recollect, on this occasion, that the princi- ple to see only insui-gents in the States of the south, having neither sove- reignty nor rights of war, nor of peace, was put forward by England, at the breaking out of the war of independence of the Anglo-American colonies, in the vindicatory memoir published by the British court in 1178 in answer to the exposition of the motives for the conduct of France, which had lately signed, on the 6th day of February of that year, a treaty with the United States, in which they were regarded as an independent nation. But the court of Versailles set out from other principles, which she developed in " Observations on the Vindicatory Memoir of the Court of London," saying, among other things: " It is sufficient to the justification of his Majesty that the colonies had established their independence not merely by a solemn declaration, but also in fact, and had maintained it against tlie efforts of the mother countr3^" Existing circumstances seem to present the same characteristics; and if it is desired to treat the States of the south as rebels, and accuse them of felony, there might here be cited as applicable to the actual conduct of the United States towards the confederates the following remark of the court ' of Versailles : "In advancing this proposition, (that the possession of inde- pendence, of which the French cabinet said the Americans were in the enjoyment in 1178, was a veritable ^felony,) the English minister had, with- out doubt, forgotten the course he had himself ta[ken towards the Americans ANNUAL MESSAGE OF THE PKESIDENT. 371 from the publication of the declaration of independence. It is remembered that the creatures of the court constantly called upon the rebellion ven- geance and destruction. However, notwithstanding' all their clamors, the English minister abstained, after the declaration of independence, from prosecuting the Americans as rebels ; he observed, and still observes towards them, the rules of war usual among independent nations. Ameri- can prisoners have been exchanged through cartels," &c. The rights of war cannot, then, in the opinion of the King's government, be refused to the Confederate States; but 1 hasten to add that the recogni- tion of these rights does not import in favor of such States recognition of their sovereignty. " Foreign nations," says Mr. Martens, (Precis du Droit des Gens, 1. VIII, c. 3, § 264,) "cannot refuse to consider as lawful enemies those who are empowered by their actual government, whatever that may be. This is not recognilion of its legitimacy P This last recognition can only spring from express and official declaration, which no one of the cabinets of Europe has thus far made. Finally, and in the last place, I permit myself here to cite the example of the American privateer Paul Jones. This vessel, considered as a pirate by England, had captured two of his Britannic Majesty's ships in October, 1779. She took them into the Texel, and remained there more than two months, notwithstanding the representa- tions of Mr. York, ambassador of Great Britain at the Hague, who considered the asylum accorded to such privateer (pirate as he called it in his memoir to the states general of 21st March, 1780) as directly contrary to treaties, and even to the ordinances of the government of the republic. Mr. York demanded that the English vessels should be released. The states general refused the restitution of the prizes. The United States, whose belligerent rights were not recognized by Eng- land, enjoyed at that period the same treatment in the ports of the republic of the United Provinces as the Netherlands authorities have now accorded to the Confederate States. If the cabinet of the Hague cannot, therefore, by force of the preceding, class all the vessels of the Confederate States armed for war in the category of privateers, much less can it treat them as pirates, (as you call them in your despatch of the 12th of this month,) or consider the Sumter as engaged in a fillibustering expedition — "engaged in a piratical expedition against the commerce of the United States" — as it reads in your communication of the 2d of September. Here again historic antecedents militate in favor of the opinion of the Netherlands government. Is there need, in fact, to remind you that at the outset of the war of Amer- ican independence, in 1778, the English refused to recognize American pri- vateers as lawful enemies, under the pretence that the letters of marque which they bore did not emanate from the sovereign, but from revolted subjects ? But Great Britain soon had to desist from this pretension, and to accord international treatment to the colonists in arms against the mother country. The frankness with which the King's government has expressed its con- victions in relation to the course to be taken towards the States of the south will, without doubt, be estimated at its just value by the government of the United States. It will perceive therein the well-settled intention to preserve in safety the rights of neutrality ; to lay down for itself and to follow a line of conduct equally distant from feebleness as from too great adventurousness, but suit- able for maintaining intact the dignity of the state. The government of the Netherlands desires to observe, on the occasion of 372 ANNUAL MESSAGE OF THE PRESIDENT. existing affairs in America, a perfect and absolute neutrality, and to abstain therefore from the slightest act of partiality. According to Hubner, (Saisie do Batinients Neutres,) " neutrality con- sists in absolute inaction relative to war, and in exact and perfect impar- tiality manifested by facts in regard to the belligerents, as far as this impar- tiality lias relation to the war, and to the direct and immediate measures for its prosecution." "Neutrality," says Azuni, (Droits Maritimes,) "is the continuation in a state of peace of a power whi-ch, when war is kindled between two or more nations, absolutely abstains from taking any part in the contest." But if the proposition be admitted that all the vessels of the Confederate States armed for war should be considered prima yacie as privateers, would there not be a flagrant inequality between the treatment and the favors accorded to vessels of war of the United States and the vessels of the Con- federate States, which have not for the moment a navy properly so called? This evidently would be giving proof of partiality incompatible with real duties of neutrality. The only question is to determine with exactitude the distinctive characteristics between a privateer and a ship-of-war, although this may be difiScult of execution. Thus is ignored that which Count Reventlon, envoy of the King of Denmark at Madrid, drew attention to in n82, tliat there exists among the maritime powers regulations or conven- tions between sovereigns, which oblige them to equip their vessels in a cer- tain manner, that they may be held veritably armed for war. You express also, in your despatch of September 2, the hope that the Netherlands government will do justice to your reclamation, grounding yourself on the tenor of treaties existing between the Netherlands and the United States, on the principles of the law of nations, and, finally, upon the assurances you have received from the King's government. Amidst all the European powers there are few who have better defended the rights of neutrals, and have suffered more in this noble cause than Den- mark ; and one of her greatest statesmen of the close of the last century, Count Bernstorff, has been able to declare with justice, in his memoir of July 28, 1193, a document that will long continue to be celebrated : "A neutral power fulfils all its duties by never departing fi'om the most strict impar- tiality, nor from the avowed meaning of its treaties." I have endeavored, sir, to show, in wliat precedes, that the government of the Netherlands has fulfilled conscientiously its first duty, and will adhere faithfully thereto. The cabinet of the Hague does not observe and will not observe less religiously the tenor of treaties. The treaty of the 19th of January, 1839, and the additional convention of the 26th of August, 1852, only relate to commerce and navigation; the only treaties that can be invoked in the present case are those of the 8th of October, 1782. I do not think it my duty to enter hei'e upon a discussion of principles on the question of deciding whether these treaties can still be considered as actually in force, and I will not take advantage of the circumstance that the cabinet of Washington has implicitly recognized, by the very reclamation which is the object of your despatches, that the treaties of 1782 cannot any longer be invoked as the basis of international relations between the Nether- lands ana the United States. I will only take the liberty of observing to you, sir, that the e xecutionof the stipulations included in those diplomatic acts would be far, in the present circumstances, from being favorable to the government of the republic. In fact, we should, in this case, admit to our ports privateers with their AXXUAL MESSAGE OF THE PEESIDENT. 373 prizes, which could even be sold there by virtue of article 5 of the before- cited convention of 1182, on rescues. It would, perhaps, be objected that the treaty of 1*182, having been con- cluded with the United States of America, could not be invoked b}^ a part of the Union which had seceded from the central government, and I do not dissent from the opinion that this thorny questiou of public law would give rise, should the case occur, to very serious difficulties. But wc cannot lose sight of the fact that the treaty spoken of was con- cluded, even before the recognition of the United States by England in 1183, with the oldest members of the republic, among others, to wit, with Virginia, North Carolina, South Carolina, and Georgia, and that those States actually figure among the secessionists. In 1182 the republic of North America was only a simple confederation of states, remaining sovereign, united only for common defence, (Staatenbund) and it is only since the establishment of the Constitution, of the 11th of Sep- tember, 1181, that the pact which binds together the United States received the character which is attributed to it by Mr. Wheaton, also, (Elements of International Law,) of a perfect union between all the members as one people under one government, federal and supreme, (Bundestaat,) " a common- wealth," according to Mr. Motley in his pamphlet " Causes of the Civil War in America," p. 11. In view of this fundamental difference between the present character of the government of the United States and that of the party contracting the treaty of 1182, it would be difficult to refuse in equity the privilege of the secessionist States to avail themselves of it. It will, therefore, not escape your penetration that it is preferable, as well for the Netherlands as for the cabinet of Washington, to leave the treaty above mentioned at rest, and that, in excluding privateers from its ports the government of the Nethenands has acted only in the interests of the govern- ment of the United States, to which it is bound b}'^ feelings of a frifndship which dates even from the time of the existence of the republic of the united provinces, and which the King's government will make every effort to main- tain and consolidate more and more. According to the law of nations, the cases in which the neutrality of a power is more advantageous to one party than to the other do not affect or impair it; it suffices that the neutrality be perfect and strictly observed. The government of the Netherlands has not departed from it, therefore, in denying admission to the ports of his Majesty's territories to privateers, although at first glance this determination is unfavorable to the southern States. The difficulties which have actually arisen, and which may be renewed hereafter, the desire to avoid as much as possible everything that could compromise the good understanding between the governments of the United States and the Netherlands, impose on the last the obligation to examine with scrupulous attention ii^ the maintenance of the general principles which I have had the honor to develop might not in some particular cases impair the attitude of neutrality which the cabinet of the Hague desires to observe. If, for example, we had room to believe that the Sumter, or any other vessel of one of the two belligerent parties, sought to make of Cura9oa, or any other port in his Majesty's dominions, the base of operations against the commerce of the adverse party, the govermnent of the Netherlands would be the first to perceive that such acts would be a real infraction, not merely of the neutrality we wish to observe, but also of the right of sovereignty over the territorial seas of the state; the duty of a neutral state being to take care that vessels of the belligerent parties commit no acts of hostility 374 ANNUAL MESSAGE OF THE PKESIDENT. within the limits of its territory, and do not keep watch in the ports of its dominion to course from them after vessels of the adverse party. Instructions on this point will be addressed to the g-overnors of the Neth- erlands colonial possessions. I flatter rnyself that the preceding' explanations will suffice to convince the federal government of the unchangeable desire of that of the Nether- lands to maintain a strict neutrality, and will cause the disappearance of the slightest trace of misunderstanding between the cabinets of the Hague and of Washington. Accept, sir. the renewed assurance of my high consideration. DE ZUYLEN DE NIJVELT. Mr. Pike, 3Hnider Resident of the United States of America. 3Ir. Seicard to Mr. Pike. No. 23.] Department of State, Washington, September 28, 1861. Sir : By some accident our foreign mail missed the steamer. It is only just DOW that I have received your despatch of September 4, (No. 15.) The proceeding at Cura9oa in regard to the Sumter was so extraordinary, and so entirely contrary to what this government had expected from that of Holland, that I lose no time in instructing you to urge the consideration of the subject with, as much earnestness as possible. I cannot believe that that government will hesitate to disavow the conduct of the authorities if they have been correctly reported to this department. I am, sir, respectfully, your obedient servant, WILLIAM H. SEWARD. James S. Pike, Esq., ^v., S^-c, ^v. Mr. Seward to Mr. Pike. No. 24.] Department of State, Washington, October 4, 1861. Sir : I am just now informed by a despatch from Henry Sawyer, esq., our consul at Paramaribo, that on tlie 19th day of August last the piratical steamer "Sumter " entered that port, and was allowed by the authorities there to approach the town and to purchase and receive coals, to staj' during her pleasure, and to retire unmolested, all of which was done in opposition to the remonstrances of the consul. You will lose no time in soliciting the attention of his Majesty's govern- ment to this violation of the rights of the United States. They will be well aware that it is tlie second instance of the same kind that has occurred in regard to the same vessel in Dutch colonies in the West Indies. It is some relief of the sense of injury which we feel that we do not cer- tainly know that the authorities who have permitted these wrongs had re- ceived instructions from their home government in regard to the rights of the United States in tlie present emergency. AYe therefore hope for satis- factory explanations. But, in any case, you will inform that government that the United States will expect them to visit those authorities with a cen- sure so unreserved as will prevent the repetition of such injuries hereafter. ANJfUAL MESSAGE OF THE PRESIDENT. 375 An early resolution of the subject is imperatively necessary, in order that this g-overnment may determine what is required for the protection of its national rights in the Dutch American forts. I am, sir, respectfully, your obedient servant, WILLIAM H. SEWARD. James S. Pike, Esq., SfC, Sfc, S^^o. 3Ir. Pike to Mr. Seward. No. 20.] United States Legation, The Hague, October 9, 1861. Sir : Since my last (under date of October 2) I have received a letter from the United States consul at Paramaribo, of which the following' is a copy: "United States Consulate, "Port of Paramaribo, September 4, 1861. "Sir : I have the honor (but with chagrin) to inform you that the rebel steamer Sumter arrived at this port on the 19th of August, and left on the 31st, having been allowed to coal and refit. I used my best endeavors to prevent it without avail. "I am, &c., "HENRY SAWYER." Immediately on the receipt of it I addressed the following note to the min- ister of foreign affairs. "The Hague, October 8, 1861. "Sir : I have just received a communication from the American consul at Paramaribo under date of the 4th of September last, which I lose no time in laying before your excellency. "The consul states." [See above.] "The reappearance of the Sumter in a port of the Netherlands, after so brief an interval, seems to disclose a deliberate purpose on the part of the persons engaged in rebellion against the United States government to prac- tice npon the presumed indifference, the expected favor, or the fancied weak- ness of the Dutch government. "During a period of forty-six days, during which we have heard of this piratical vessel in the West Indies, it would appear that she had been twice entertained and supplied at Dutch ports, and spent eighteen days under their shelter. "This can be no accidental circumstance. "In the multitude of harbors with which the West India seas abound, the Sumter has had no occasion to confine her visits so entirely to the ports of one nation, especially one so scantily supplied with them as Holland. And the fact that she does so is, in my judgment, not fairl}' susceptible of any other interpretation than the one I have given. "I feel convinced that the government of the Netherlands will see in this repeated visit of the Sumter (this time, it appears, without any pretext) a distinct violation of its neutrality according to its own views, as laid down o7b ANNUAL MESSAGE OF THE PRESIDENT. in your excellency's communication to me of the 1*1 th of September last, and a case which will call for the energetic assertion of its purpose expressed in the paper referred to, namely, not to allow its ports to be made the base of hostile operations against the United States. For that tlie Sumter is clearly making- such use of the Dutch ports would seem to admit of no controversy. "In view of the existing state of the correspondence between the United States and the Netherlands on the general subject to which this case belongs, and of the questions and relations involved therein, I shall be excused for the brevity of this communication upon a topic of so much importance and so provocative of comment. " The undersigned avails himself," &c., &c. I called to-day upon Baron Von Zuylen, but he was absent, and I shall not therefore be able to see him again before the close of the mail which takes this. And I do not know that an interview would in any way affect the existing state of things or give me any new information. This government's intentions are good; and it desires to avoid all difficulty with the United States, and with everybody else. As I stated in my despatch of the 25th September, I have confidence that orders have been given that will impede the operations of these vessels in Dutch ports hereafter, and probably drive them elsewhere. I have the honor to be, with great respect, your most obedient servant, JAMES S. PIKE. Hon. William H. Seward, Secretary of State, Washington. Mr. Seicard to Mr. Pike. No. 25.] Department of State, Washington, October 10, 1861. Sir: Your despatch of September 18 (No. 17) has been received. The delay of the government of the Netherlands in disposing of the unpleasant questions which have arisen concerning the American pirates in the colonies of that country is a subject of deep concern; and you are instructed, if 3'ou find it necessai-y, to use such urgency as may be effectual to obtain the definitive decision of that government thereon so early that it may be considered by the President before the meeting of Congress in December next. I am, sir, your obedient servant, WILLIAM H. SEWARD. James S, Pike, Esq., &c., dtc, &c. Mr. Pike to Mr. Seward. [Extracts.] No. 22.] United States Legation, / The Hague, October 12, 1861. Sir: After reflection, upon the reappearance of the Sumter, and her prolonged stay in the port of Paramaribo, (this time apparently without pre- text of any kind,) I have felt, in view of the position taken by the Dutch AXXUAL MESSAGE OF THE PRESIDENT. 377 g-overnment in their communication to nic of the ITtb of September, tliat we were entitled to be specially informed of the precise interpretation which this goj^ernment puts upon their general declaration in the communication referred to, namely, that it will not permit its ports to be made the base of hostile operations ag-ainst the United States commerce. I have accordingly made the direct inquiry of Baron Van Zuylen, without waiting to hear what you have to say in response to that communication. In reply to my inquiry, Baron Van Zuylen has informed me that, previous to his receiving information of the appearance of the Sumter at Paramaribo, orders were issued by the department of the colonies, instructing the ciflonial authorities not to permit the repetition of the visits of the Sumter, and other vessels of the so-called Confederate States; and if they did make their ap- pearance in Dutch ports, to require them to leave within twenty-four hours, under penalty of being held to occupy a hostile attitude towards the govern- ment of the Netherlands. And further, that those authorities have also been instructed to forbid the furnishing of such vessels with more than twenty- four hours supply of fuel. These instructions, thus defined, are to the point. Whether they have been made general, and with that disregard of distinc- tions between the rights of mere belligerents and those of recognized nation- alities, enjoying pacific relations and acting under treaties of amity and friendship, that mark the communication to which I have adverted, I did not deem it pertinent to inquire, nor do I consider the inquirj^ of any value as regards the practical bearings of this case. In compliance with my request, Baron Van Zuylen has promised to furnish me with a copy of the order referred to, which, when received, I shall trans- mit to you without delay. Although this order, as thus described to me by Mr. Van Zuylen, only sustains the expectations I have expressed to you on two former occasions as to what the action of this government would be, yet, considering the pre- sent attitude of the question, it is a matter of some surprise to me that a copy of it should not havq been tendered without waiting to have it asked for. Taking it to be as herein described, I do not see that the position of this government, so far as its action is concerned, is amenable to very grave censure, whatever may be said of its theoretic views, since the Dutch ports are now, substantially, shut to the vessels. The restriction in regard to supplying fuel, if adopted by other powers holding colonies in the West Indies, will put an end to reioel operations by steam in those seas. I take some gratification in reflecting that my persistent appeals to the government to issue specific orders, on some ground, to their colonial autho- rities, looking to the exclusion of the piratical vessels of the seceding States from the Dutch ports, have not been wholly unavailing. That the government has argued against it, and declined acting on any suggestion I could make, is of small consequence, so long as they have found out a way of their own of doing the thing that was needed. Baron Van Zuylen has renewedly expressed great regret that any ques* tions should have arisen between the two governments. I have the honor to be, with great respect, your most obedient servant, JAMES S. PIKE. Hon. WiLLiAii H. Seward, Secretary of State. ANNUAL MESSAGE OF THE PRESIDENT. Mr. Pike to Mr. Seward. No. 23.] United States Legation, The Hague, October 16, 1861. Sir: I have the honor to enclose you the reply of the minister of foreign affairs to the communication I addressed to him on the 8th instant, in regard to the reappearance of the Sumter at Paramaribo, He states therein the character of the orders which have been sent to the colonial authorities, tcf which I referred in my last despatch, of October 12, (No. 22.) The British minister here. Sir Andrew Buchanan, expressed incredulity and surprise when I informed him this government had issued the order in question. He declared ^the British government would not do it, and that the United States would not under similar circumstances. He said it was giving ns an advantage, and was not therefore neutral conduct'. He added that Eussia asked Sweden to close her ports against both belligerents during the Crimean war, and England would not permit it, alleging that as Russia did not want to use them, and England did, it gave the former an advantage to ■which that power was not entitled. The British government held that Sweden, as a neutral, had no right to alter the natural situation unless it operated equally. You see herein how thoroughly English ofiScials (and it seems to me all others) are imbued with the idea that the rights of a mere belligerent are the same as the rights of a nation, in cases like the one under consideration. I have received to-day a letter from our consul at Paramaribo, dated Sep- tember 20, in which he says the United States steamer Powhatan arrived there on the 14th in search of the Sumter, and left for Brazil the same day; also that the Keystone State arrived on the 18th on the same errand, and left on the 19th for the West India islands. Your despatch of the 28th of September, acknowledging receipt of mine of the 4th, has arrived. As you make no mention of mine of the 11th, it would seem another mail has missed. I wrote our despatch agent at London on the subject several days ago. He replies that my despatch of the 4th of September went on the 7th, and that of the 11th on the 14ih, which was in regular order. 1 have the honor to be, with great respect, your most obedient servant, JAMES S. PIKE. Hon. William H. Seward, Secretary of State, Washington. Baron Van Zmjlen to Mr. Pike. [Translation.] The Hague, October 15, 1861. Sir: By your despatch of the 8th of this month you have fixed my atten- tion on the arrival of the "Sumter" at Paramaribo, and you complain that on this occasion the said vessel was admitted into ports of the Netherlands during eighteen days out of the forty-six in which the Sumter had shown herself in the West Indian seas. You suppose that this is not a fortuitous case, and you demand that the government of the Netherlands, in accordance with the intentions mentioned at the close of my communication of the 17th September last, may not per- ANNUAL MESSAGE OF THE PEESIDENT. 6(d mit its ports to serve as stations or as base of hostile operations ag-ainst the United States. You have not deemed it your duty to enter for the moment on the discus- sion of the arguments contained in my above-mentioned communication, but you say that you wish to await preliminarily the reply of the cabinet at Washington. I may, therefore, on my part, confine myself for the moment to referring, as to what regards the admission in general of the Sumter into the ports of the Netherlands and the character of this vessel, to the arguments contained, in my communication of the 17th September, from which it follows, that if we do not choose to consider j^^rivia facie all the ships of the seceding States as privateers, and if, in the present case, the Sumter could not be, in the opinion of the government of the Netherlands, comprised among such, entrance to the ports of the Netherlands cannot be prohibited to that vessel without a departure from neutrality and from the express terms of the proc- lamation of the royal government. It has already been observed that the latter, in forbidding access to the ports of the Netherlands to privateers, favors the United States much more, among others, than the declaration of the 10th of June by the French gov- ernment, which, not permitting any vessel-of-war or privateer of the one or the other of the belligerents to sojourn with prizes in the ports of the empire for longer time than twenty-four hours, except in case of shelter through stress, {reldche forcee,) admits them without distinction when they do not bring prizes with them. But, without entering here into useless develop- ments, I think 1 may observe to you, sir, that the royal government, whilst refusing to treat as pirates, or even to consider as privateers, all the vessels of the southern States, has striven, as much as the duties of strict neutrality permit, to keep the Sumter away from our ports. When this vessel arrived at Paramaribo, the commanders of two ships of the French imperial marine, which were there at the time, declared to the governor of Surinam that the Sumter was a regular vessel-of-war and not a privateer. The commander of the Sumter exhibited afterwards, to the same functionary, his commission as commandant in a regular navy. Although there was no reason, under such circumstances, to refuse to the Sumter the enjoyment of the law of hospitality in all its extent, the governor, before referred to, strove to limit it as much as possible. Thus, although pit coal is not reputed contraband, if not at most, and within a recent time only, contraband by accident, it was not supplied to the Sumter except in the very restricted quantity of 125 tons, at the most sufficient for four days' progress. However, the government of the Netherlands, wishing to give a fresh proof of its desire [to avoid] all that could give the slightest subject for complaint to the United States, has just sent instructions to the colonial authorities, enjoining them not to admit, except in case of shelter from stress, {reldche forcee,') the vessels-of-war and privateers of the two belli- gerent parties, unless for twice twenty-four hours, and not to permit them, when they are steamers, to provide themselves with a quantity of coal more than sufficient for a run of twenty-four hours. It is needless to add that the cabinet of the Hague will not depart from the principles mentioned at the close of my reply of the Ulth September, of which you demand the application ; it does know and will know how to act in conformity with the obligations of impartiality and of neutrality, without losing sight of the care for its own dignity. Called by the confidence of the King to maintain that dignity, to defend the rights of the Crown, and to direct the relations of the state with foreign powers, I know not how to conceal from you, sir, that certain expressions in 380 ANNUAL MESSAGE OF THE PRESIDENT. your communications above mentioned, of the 23d and 25th September last, have caused an unpleasant impression on the King-'s government, and do not appear to ine to correspond with the manner in which I have striven to treat the question now under discussion, or with the desire which actuates the government of the Netherlands to seek for a solution perfectly in harmony with its sentiments of friendship towards the United States, and with the observance of treaties. Tlie feeling of distrust wliich seems to liave dictated your last despatch of the 8th of this month, and which shows itself especially in some entirely erroneous appreciations of the conduct of the government of the Netherlands, gives to the last, strong in its good faith and in its friendly intentions, just cause for astonishment. So, then, the cabinet of which I have the honor to form part deems that it may dispense with undertaking a justification useless to all who examine impartially and without passion the events which have taken place. The news which has reached me from the royal legations at London and at Washington, relative to the conduct of the British government in the affair of the Sumter, can only corroborate the views developed in my reply of Itth September last, and in the present communication. It results from this, in effect, that not only has the British government treated the Sumter exactly as was done .at Cura^oa, since that vessel sojourned six or seven days at the island of Trinidad, where she was received amicably and considered as a vessel-of-war, but that the crown lawyers of England, having been consulted on the matter, have unanimously declared that the conduct of the governor of that colony of England had been in all points in conformity with the Queen's proclamation of neutrality. According to them the Sumter was not a privateer but a regular vessel- of war, (duly commissioned,) belonging to a state possessing the rights of war, (belligerent rights.) The Sumter, then, has been treated as a vessel-of-war of the United States would have been, and that vessel had the same right to obtain supplies at Trinidad as any vessel belonging to the navy of the northern States. Accept, sir, the fresh assurance of my high consideration. DE ZUYLEN DE NIJEVELT. Mr. Pike, Minister Resident of the United States of America. Mr. Seward to Mr. Pike. No. 26.] Department of State, Washington, October 17, 18G1, Sir: Your despatch of the 25th of September, No. 18, has been received. It is accompanied by a note which was addressed to you by Baron Van Zuylen, on the 1 1th day of Septembei: last, on the subject of the admission of the pirate steamer Sumter into the port of Cura9oa. I reproduce the account of that transaction, which was made by this government a subject of complaint to the government of the Netherlands. The steamer Sumter hove in sight of the port of Cura9oa on the evening of the 15th of July, and fired a gun for the pilot, who immediately took to sea. On his reaching the pirate vessel she hoisted what is called the confederate flag, and the same being unknown in that port, the pilot told the captain that he had to report to the governor before taking the vessel into port. ANNUAL MESSAGE OF THE PEESIDENT. 381 The pilot having made this report, the governor replied to the captain that, according to ordei's from the supreme government, he could not admit pri- vateers into the port, nor their prizes, but in the case of distress, and there- fore tlie steamer could not be admitted before her character was pex'fectly known. In reply to this message the captain of the steamer remained outside of the port until the next morning, when he sent a despatch to the governor, by an officer, stating that his vessel being a duly commissioned man-of-war of the Confederate States, he desired to enter the port for a few days. The colonial court assembled the same evening, and, on the ground of the decla- ration and assurance of the privateer captain that the vessel is not a priva- teer, it was decided that she should enter the port, and she entered accord- ingly. The consul of the United States thereupon informed the governor, by a note, that the steamer was, by the laws and express declaration of the United States, a pirate, and that on her way from New Orleans to Curagoa she had taken and sent for sale to the Spanish island of Cuba several American merchant vessels, and on these grounds he asked upon what pre- text and conditions the unlawful steamer had obtained admittance into Cura9oa. The governor answered that, according to the orders received from the supreme government, neither privateers nor their prizes are to be allowed admittance to the ports or bays of this colony, save only in cases of dis- tress. But that this prohibition does not extend to vessels-of-war, and that the Sumter being a man-of-war, according to the rules of nations, could not be repelled from that port. The piratical vessel was then supplied, at Curagoa, with 120 tons of coals, and departed at her own time and pleasure. On receiving this information you were instructed to call the attention of the government of the Nether- lands to the proceeding of the governor of Curagoa, and to ask that the proceedings, if corre6tly reported, might be disavowed, and that the gover- nor might be made to feel the displeasure of his government. You performed this duty in due season by addressing a proper note to Baron Van Zuylen. On the 2d of September he acknowledged your note, and promised you an early reply on the merits of the subject. On the 17th of September he communicated this reply to you in the note which is now before me. I encounter a difficulty in giving you instructions for your reply to that paper, because, first, since the correspondence was opened, a similar case of violation of our national rights has occurred in the hospitalities extended to the same piratical vessel in the Dutch port of Pernambuco, and has been made a subject of similar complaint, which, as yet, so far as I am advised, remains unanswered; and, secondly, the note of Baron Van Zuylen promises that special instructions shall be speedily given to the colonial authorities of the Netherlands in regard to conduct in cases similar to those which have induced the existing complaints. I cannot, of course, forsee how far those instructions, yet unknown to me, may modify the position assumed by the minister of foreign affairs in the paper under consideration. Under these circumstances, I must be content with setting forth, for the information of the government of the Netherlands, just what the United States claim and expect in regard to the matter in debate. They have asked for an explanation of the case, presented by the admis- sion of the Sumter by the governor of Cura9oa, if one can be satisfac- torily given; and if not, then for a disavowal of that officer's proceedings, attended by a justly deserved rebuke. These demands have been made, not from irritation or any sensi- 382 ANNUAL MESSAGE OF THE PRESIDENT. bility of national pride, but to make it snre that henceforth any piratical Yessel fitted out by or under the agency of disloyal American citizens, and cruising- in pursuit of merchant vessels of the United States, shall not be admitted into either the continental or the colonial ports of the Netherlands nnder auy pretext whatever. If that assurance cannot be obtained in some way, we must provide for the protection of our rights in some other way. Thus, the subject is one of a purel}' practical character; it neither requires nor admits of debate or argument on the part of the United States. If what is thus desired shall be obtained by the United States in any waj^ they will be satisfied; if it fails to be obtained through the disinclination of the government of the Netherlands, its proceedings in this respect will be deemed unfriendly and injurious to the United States. The United States being thus disposed to treat the subject in a practical way, they are not tenacious about the manner or form in which the due respect to their rights is manifested by the government of the Netherlands, and still less about the considerations or arguments upon which that government regulates its own conduct in the matter. They regard the whole insurrection in this country as ephemeral; indeed, the}' believe that the attempt at piracy under the name of privateering, made by the insurgents, has already well nigh failed. While, therefore, they insist that shelter shall not be afibrded to the pirates by nations in friendship with the United States, they, at the same time, are not unwilling to avoid grave debates concerning their rights that might survive the existing controversy. It remains only to say in this connexion that the course which the United States are pursuing in their complaints to the government of the Netherlands is not peculiar, but it is the same which has been and which will be pursued towards any other maritime power on the occurrence of similar grievances. With these remarks, I proceed to notice Baron Van Zuylen's communica- tion. You will reply to him that the United States unreservedly claim to determine for themselves absolutely the character of the Sumter, she being a vessel fitted out, owned, armed, sailed, and directed 'by American citizens who owe allegiance to the United States, and who neither have nor can, in their piratical purposes and pursuits, have or claim any political authority from any lawful source whatever. The United States regard the vessel as piratical, and the persons by whom she is manned and navigated as pirates. The United States, therefore, cannot admit that the Sumter is a ship-of-war or a privateer, and so entitled to any privileges whatever, in either of those characters, in the port of Cura9oa; nor can they debate any such subject with the government of the Netherlands. This will be all that you will need to say in reply to the whole of Baron Von Zuylen's note, except that portion of it which states, rather by way of argument than of assertion, that according to the information received from the governor of Cura9oa, (by the govern- ment of the Netherlands,) the Sumter was actually in distress, and that funtionary, therefore, could not refuse to allow the said vessel to eater the port. If this position shall be actually assumed by the government of the Nether- lands, two questions will arise: first, whether the fact that the Sumter was in distress was true, or a belief of the truth of that fact was the real ground upon which she was admitted by the colonial governor into the port of Cu- riKjoa; secondly, how far a piratical vessel, roving over the seas in pursuit of peaceful commercial vessels of the United States, and fleeing before their naval pursuit, but falling into distress herself, is entitled to charity at the hands of a State, friendly to the nation upon whose commerce her depre- dations are directed. It would hence be idle to occupy ourselves with a discussion of these ANNUAL MESSAGE OF THE PEESIDENT. 383. questions until we know that the government of the Netherlands determines to stand upon the main position from which they are derived. You will thei'efore ask the Baron Van Zuylen for an explicit statement on this subject. I cannot but hope, however, that the government of the Netherlands will come to the conclusion that it is wisest and best, in view of the relations of the two countries, to give such directions to its agents as will render fur- ther prosecution of this discussion unnecessary, while it will prevent similar injuries in future to our national dignity and honor. Should it determine otherwise, and not be able to place the conduct of the governor general at Cura9oa in a better light than it has already done, it will become necessary to consider what means we can take to protect, in the ports of the Nether- lands, national rights which cannot be surrendered or compromised. I am, sir, your obedient servant, WILLIAM H. SEWARD. James S. Pike, Esq., &c., &c., &c. Mr. Pike to 3Ir. Seward. No. 24.] United States Legation, The Hague, October 23, 186L Sir: I had the honor to transmit to you, on the 16th instant, the last com- munication of this government in respect to the "Sumter" case, referring to tlie orders recently given to its colonial authorities, by which the stay of such vessels in Dutch ports is limited to 24 hours, and by which they are also forbidden to take on board more than 24 hours' supplj-- of coal. Considering these orders to be important, I have, in the following copy of ray reply to the Dutch government, ventured to express a qualified satisfac- tion at their issufe. I am in hopes you will adopt a similar view of the case, as I conceive this government to be well disposed towards the United States, and to consider that it has strained a point in our favor. 1 doubt if England or France will do anything of the sort; but the course of Holland will, at least, furnish excellent grounds for some pertinent ques- tions in case they decline. I have informed Mr. Adams, and also Mr. Dayton and Mr. Schurz, of the final action of this government in this case. The copy of my note foligws, (to Baron Van Zuylen.) "United States Legation,- The Hague, October 22, 1861. "Sir: In reply to your communication of the 15th instant, which I have had the honor to receive, I take pleasure in assuring your excellenc}^ that it has been far from my purpose to say anything at any time which should occasion painful impressions on the part of his Majesty's government, or to nse language marked by impatience or irritation at the course of the govei'u- ment of the Netherlands. But while making this disclaimer, frankness com- pels me to add that I should not know in what more moderate terms to express my sentiments than those I have had the honor to employ in address- ing his Majesty's government. " I desire further to say, in respect to that part of your excellency's com- munication which refers to the recent orders given to the Dutch colonial au- thorities not to permit vessels engaged in pirating upon United States ,384 A^^NUAL MESSAGE OF THE PEESIDENT. commerce to remain in tlieir ports more than 24 hours, and, when steamers, not to be furnished with more than 24 hours' supply of fuel, that, while 1 re- ceive the announcement with satisfaction, it is qualified by deep regrets at the position his Majesty's government has thought proper to take in placing the misguided persons in rebellion against the United States on a footing of equality, in a most important respect, ^with the government to which they owe obedience; for, though the orders in question deny shelter and aid to pirates, it is impossible to regard with complacency the fact that the exclu- sion operates equally against the vessels of the United States, denying to them that accustomed hospitality ever accorded by friendly nations. "Abstaining, however, now as heretofore, from any discussion on this topic while awaiting the reply of my government to your communication of the nth of September, I will only add that I feel assured the United States government will fully share these regrets, and I can only hope will not im- peach my expressions of satisfaction at the orders which j^ou inform me have been given in accordance with the rule of action laid down in that paper, notwithstanding the position falls so far short of that which the United States have confidently expected Holland would occupy on this question. " I pray, &c., &c. "Baron Van Zuylen, 8fC., SfC. I have had the honor to receive your despatch of the 4th of October, (No. 24,) relative to the Sumter at Paramaribo, to which subject I have already given my attention. I have the honor to be, with great respect, your most obedient servant, JAMES S. PIKE. Hon. Wm. H. Seward, Secretary of State, Washington. Mr. Seward to Mr. Pike. No. 28.] Department of State, Washington, October 30, 1861. Sir: Your despatch of October 9 (No. 20) has been received. We wait with much interest the result of your application to the government of the Netherlands for explanations of the hospitalities extended by its colonial authorities to privateers. I am, sir, your obedient servant, WILLIAM H. SEWARD. James S. Pike, Esq., SfC., ^c, SfC. Mr. Seivard to Mr. Pike. No. 29.] Department op State, Washington, November 2, 1861. Sir: Your despatch of October 12 (No. 22) has been received. I learn with much pleasure that you have assurances which, although informal, lead you to expect that a satisfactory course will be adopted by his Majesty's ANXUAL MESSAGE OF THE PEESIDEXT. 385 gOTernment in regard to the exclusion of privateers from the ports of the Netherlands. Awaiting- with some solicitude more definite information, I am, sir, your obedient servant, WILLIAM H. SEWARD. James S. Pike, Esq., Sc, &c., Sf3. Mr. Pike to Mr. Seward. [Extract.] No. 25.] UxiTEP States Legation, The Hague, November 6, 186L Sir: I duly received your despatch (Xo. 25) of the 10th of October, but have nothing by the last mail. I await your response to the communication of Mr. Van Zuylen of the Hth of September last. I have the honor to enclose you the reply of the minister of foreign affairs to mj note of the 22d of last month, a copy of which I forwarded to j'on in my last. ■^ * *•* * * * * * ********* I have the honor to be, with great respect, your most obedient servant, JAMES S. PIKE. Hon. William H. Seward, Secretary of State, Washington. Mr. Van Zuylen to Mr. Pike. [Translation.] The Hague, October 29, 1861. Sir: I have had the honor to receive yonr letter of the 22d of this month, relative to the affair of the " Sumter," and it has been gratifying to me to learn from its tenor that you have received with satisfaction the information as to the measures adopted by the government of the Low Countries to pre- vent the return or the prolonged stay in its ports of vessels which, like the " Sumter," seemed to desire to use them as the base of their operations against the commerce of the adverse party. You regret only that the government of the King should have adopted the same treatment towards the war vessels of the seceding States and those of the United States. Without entering here into an extended discussion, rendered, moreover, almost superfluous by my two preceding communications, I shall merely permit myself, sir, in referring to their contents, to cause you to observe that, agreeably to the doctrine of the best publicists, neutrality imposes upon those nations which desire to enjoy its benefits a complete abstention from all that could establish a difference of treatment between the belligerent parties, and that this principle applies as well to the cases of civil war, or even of rebellion, as to that of an ordinary war. Ex. Doc. 1 25 386 AXNUAL MESSAGE OF THE PRESIDENT Your government having' desired that measures should be taken to prevent a prolonged stay in our ports of tlie Sumter, or of other vessels-of-war of the seceding States, we have admitted the justice of this claim. But these measures could not reach exclusively one of the two parties; they were to be general, and the consequence of it is that the new instructions given to the governors of Cura^oa and of Surinam neither permit the vessels-of-war of the United States, except in the case of being compelled to put into a port, to sojourn in tlie ports of the Netherlands, in the West Indies, for a longer tiEie than twice 24 hours, (and not for only 24 hours, as you seem to believe.) Nevertheless, the privateers, with or without their prizes, are, as hereto- fore, excluded from the Netherland ports, and it is by an oversight, which I hasten to rectify, that the words " and the privateers" have been introduced into that part of my communication of the 15tli of this month which calls your attention to the instructions transmitted to the colonial authorities. Be pleased, sir, to accept the renewed assurance of my high consideration. DE ZUYLEN DE NIJEVELT. Mr. Pike, Minister Resident of the United States of America. Mr. Seward to Mr. Pike. No. 31.] Department of State, Washington, November 11, 1861. Sir: Your despatch No. 24, dated October 23, has been received. I learn from it that the government of the Netherlands has made an order which will, it is hoped, practically prevent the recurrence of such counte- nance and favor to pirates in the ports of that state as we have heretofore complained of. You will express to Baron Zuylen our satisfaction with this proceeding, viewed in that light, but you will be no less explicit in saying that this government by no means assents to the qualifications aflecting its claims as. a sovereign power upon the Netherlands by which the pro- ceeding is qualiiaed. Not only are we not seeking occasions for difference with any foreign powers, but we are, on the other hand, endeavoring to preserve amity and friendship with them all, in a crisis which tries the magnanimity of our country. Influenced by these feelings, 1 can only hope that no new injury or disrespect to our flag may occur in the ports of the Netherlands, to bring the action of their government again under review by us. I am directed by the President to express his approval of the diligence and discretion you have practiced in this important transaction. I am, sir, your obedient servant, WILLIAM H. SEWAED. James S. Pike, Esq., S^c., 8fc., S^-o. Mr. Seward to Mr. Pike. No. 32.] Department of State, Washington, November 11, 1861. Sir: Your despatch of Ootober 16 (No. 23) has been received. It con- ANNUAL IIESSAGE OF THE PKESIDENT. 387 tains the reply of Mr. de Zuylen to the note you bad addressed to liim on the subject of the " Sumter" at Paramaribo. In another paper I have already communicated the President's views of the disposition of that. subject made by the government of the Netherlands, so that nothing- remains to be said on the subject which you have had oc- casion to discuss in the despatch now before me. I am, sir, your obedient servant, WILLIAM H. SEWARD. Mr. Seward to Mr. Pike. No. 33.] Department of State, Washington, November 23, 1861. Sir: Your despatch of November 6 (No. 25) has just been received. I have already anticipated and disposed of the principal subject which it presents. Felicitate the government of the Netherlands as we felicitate ourselves on the renewed auguries of good and cordial relations between friends too old to be alienated thoughtlessly, or from mere impatience. I am, sir, your obedient servant, WILLIAM H. SEWARD. James S. Pike, Esq., S^c, 8fC., SfC. i TURKEY. Mr. Brown to Mr. Seward. [Extract.] Ko. 2.] Legation of the United States of America, Constantinople, May 29, 1861. Sir: ^ * * * * * I had the honor, on the 25th instant, to receive your circular of the 20th ultimo, with its enclosure, addressed to the late minister resident, respecting the fitting- out of privateers in Turkey to act against the commerce of the United States, and shall give my faithful and vigilant attention to the orders which it contains. The minister resident, on his departure, gave me the " circulars " of the department, one of February 28, and the other of March 9, 1861, of which he had not either acknowledged the receipt, nor made any use in carrying out the injunctions of the President. These, also, call for my immediate attention, and shall be faithfully executed. I would here take occasion to add that I am confident there is not now one citizen of the United States in this place animated with sentiments other than those of entire loyaltj' to the goveriiment of the United States, and of devotion to the cause of the. Union. Not only from the members of all the foreign legations resident here, but also from all foreigners in this city, I receive expressions of the most friendly nature in favor of the American Union. The unhappy and misguided position assumed by some of its southern States is deeply deplored and strongly condemned b}' them, and all entertain the hope that a returning sense of patriotism, and a correct view of their own interests, will, before long, restore peace and happiness to our great and prosperous countiy. These are, also, the sentiments expressed by all of the functionaries of the Sultan's government; and I believe it will, at any time, be easy for the legation to invoke the most friendl}^ conduct on the part of the Sublime Porto in behalf of the government of the United " States of America. I have the honor to be, sir, with great respect, your obedient servant, JOHN P. BROWN. Mr. Brown to Mr. Seward. [Extract.] Legation of the L^nited States, Constantinople, June 11, 1861. * * * * * * I do not believe that any agents of the " Confederate States " have, as yet, visited this place, and should any come here that the Porte would admit or 390 ANNUAL MESSAGE OF THE PRESIDENT. recognize them. I receive from H. H. Aali Pacha, minister of foreign affairs, and H. H. ]\[ehemed Kibrish Pacha, grand vizier, repeated assurances of the most friendly sentiments towards the government of the United States, and expressions of warm syrapath}'- for the present unhappy state of popular excitement in the slave States of the Union. I have the honor to be, sir, respectfully, your obedient servant, JOHN P. BROWN. Hon. William H. Seward, Secretary of Stale. Mr. Brown to Mr. Seward. No. 4.] Legation of the UNriEO States of America, Constantinople, June 12, 1861. Sir: I have had the honor to receive your circular of the 6th of May, regarding the duties of the legation and consulates of the United States in Turkey, with reference to passports of American citizens and individuals found negotiating with this government for purposes hostile to the Union. I have sent a copy of this circular to each consulate of the United States in this empire, and have the honor to enclose herewith copy of the reply of the present consul general for Constantinople, Mr. David P. Heap, in whose loyalty to the government of the United States and fidelity to the Union I have every confidence. I have the honor to be, sir, with much respect, your obedient servant, JOHN P. BROWN. Hon. William H. Seward, Secretary of State, United States of America. Mr. Heap to Mr. Brown. United States Consulate General, Constantinople, June 12, 1861. Sir: I have the honor to acknowledge the receipt of your communication of the 10th instant, enclosing a circular from the honorable Secretary of State, dated May 6, on the subject of the delivery of passports to citizens of the United States. I will strictly conform to the instructions contained therein, and in no case will this consulate general grant its visa to the passport of any person of whose loyalty to the Union it has not the most complete and satisfactory evidence. This consulate general will exercise the utmost vigilance in counteracting the proceedings of any American citizen who, either personally or by agents, is found negotiating with the government or individuals for purposes hostile to the republic. I remain sir, with high respect, your obedient servant, D. P. HEAP, Consid General. John P. Brown, Esq., Charge d^ A f aires of the United States of America, Constantinople. ANNUAL MESSAGE OF THE PRESIDENT. 391 J/r. Broion to Mr. Seioard. [Extract.] J\[o. 10.] Legation of the United States of America, Constantinople, July 11, 1861. I have had several conversations with T. H. Mohammed Kibrisli Pacha, the grand vizier, or prime minister, and Aali Pacha, minister of foreign affairs, on the subject of the troubles existing in the United States; and the latter recently requested me to offer you the strongest assurances on the part of the Ottoman government of its friendly sympathies, and its hopes that they may be soon settled in such a manner as will preserve the Union intact. H. H. warmly deprecated the principle of " secession," advocated by the southern States,' as ruinous to all governments, and especially to the great American republic, the strength' of which so much depends upon its unity. He expressed a warm interest in the future welfare and prosperity of the government of the United States, from which the sublime porte has received so many evidences of a sincere and disinterested friendship. The Sultan is acting with much energy of character, and introducing many salutary and greatly needed financial reforms in the government. His activity and intelligence have already rendered him very popular among his subjects, and inspire them with great hopes for the future of the empire. There exists perfect harmony and co-operation among all his ministers and other public functionaries. I have the honor to enclose a copy of the reply which I made to H. H. Aali Pacha, in response to his circular on the subject of the accession of his Majesty, communicated to the department in my despatch No._8; also copies of a letter from his highness, and my reply, on his recent appointment to the office of minister of foreign aifairs, which he has latterly filled only ad interim, and hope they will meet with your approbation. I have the honor to be, sir, with great respect, j'our obedient servant, JOHN P. BPtOWN. Hon. William H. Seward, Secretary of State, United States of America. Legation of the United States of America, Constantinople, June 26, 1861. Highness: I have had the honor to receive the letter which your highness was pleased to address me yesterday for the purpose of informing mo ofBcially of the decease of his Imperial Majesty Sultan Abd ul Majid, and the accession to the throne of his brother and legitimate heii', his Imperial Majesty Sultan Abd ul Aziz Khan. Deeply aifected by the decease of a sovereign whose .great goodness of heart and many generous impulses have engraved his memory in the minds of all, and which will distinguish the history of his reign, it is with much pleasure that I convey to the knowledge of the government of the United States of America the great qualities of his illustrious successor, his Impe- rial Majesty Sultan Abd ul Aziz Khan. The Pres'ident of the United States will receive with much interest the assurance which your highness has been pleased to convey to me of the in 392 AJSfNUAL MESSAGE OF THE PEESIDENT. tention of his Imperial Majesty to continue to cultivate the friendly relations which have always so hapjDily existed between the government of the United States and that of the Ottoman empire — relations to which he attaches a very high appreciation. I avail myself, also, of the present occasion to renew to your highness assurances of my high respect and very distinguished consideration. JOHN P. BROWN, Charge cV Affaires ad int. [Translation.] No. 5232 i 103.] Sublime Porte, Bureau of Foreign Affairs, Juhj 15, 1861. Sir : I have the honor to inform you that his excellency Fuad Pacha has been called to the presidency of the supreme council of justice, confided, until his return, to his excellency Kiamil Pacha, and that m}' august master has deigned to appoint me his minister of foreign aifairs. The kind assistance which you have been pleased to give me, during my provisional direction of this department, is an assurance that you will con- tinue the same favor in my endeavors to strengthen still more the relations of friendship and harmony existing between our respective governments. I take occasion to offer renewed assurances of my high respect and per- fect consideration. AALi: Legation of the United States of America, Constantinojjle, July 16, 1861. Highness : I have had the honor to receive the letter you were so good as to write me, on the 15th instant, for the purpose of informing me that his ex- cellency Fuad Pacha, having been appointed president of the supreme council of justice, with which his excellency Kiamil Pacha has been charged until his return, his Imperial Majesty the Sultan has been graciously pleased to nominate you his minister of foreign affairs. I thank your highness for this communication and the kind expressions which it contains, and beg your highness to believe me most desirous of uniting with j'our highness in whatever may serve to strengthen the rela- tions of friendship and harmony so happily existing between our respective governments, and which owe so much to the friendly sentiments entertained by your highness for the United States. I hasten also to assure your highness of my perfect respect and most dis- tinguished consideration. JOHN P. BROWN. 3Ir. Seward to Mr. Morris. No. 3.] Department of State, Washington, August 28, 1861. Sir: The despatch of Mr. Brown, secretary of legation, (No. 10,) dated July It, has been received. ANNUAL MESSAGE OF THE PEESIDENT. 393 It is probable that, before receiving' these instructions, you will have already assumed the responsibility of asking an audience of the new Sultan, and tendering' him, on the part of the President, the proper congratulations. If this duty remains unperformed, you will take an early occasion for it, and will assure him that this government has learned, with sincere pleasure, of his accession to the throne under felicitous auspices, and of the favorable impression which his administration has made upon the minds of the people over whom he presides, as well as in foreign countries. Assure him that we shall suffer no occasion to pass by on which we can demonstrate the g'ood will and friendship of the United States for the g'overnmentof Turkey, and that we shall be happy if circumstances shall enable the two coun- tries to modify their commercial arrang'ements so as to increase intercourse between them. You will receive herewith new letters of credence addressed to his Impe- rial Majesty the present Sultan. Mr. Brown's account of the favorable sentim^ents of his Majesty towards the United States is especially gratifying. I am, sir, respectfully, your obedient servant, WILLIAM H. SEWARD. E. Joy Morbis, Esq., cfc, SfC, SfC, Gondantinople. SWEDEN Mr. Angel to Mr. Seward. [Extract.] No, 16.] Legatiok of the United States, Stockholm, May 22, 1861. The Swedish law is very strict against the violation of the rights of neutrals, and I am assured that there is no apprehension that any of the ports of this kingdom or of Norway will be prostituted to the wicked purpose of fitting out privateers. I have the honor to be, with much respect, your obedient servant, B. F. ANGEL. Mr. Angel to Mr. Seward. [Extract.] No. It.] Legation of the United States, Stockholm, May 30, 1861, Sir: Herewith I beg permission to enclose a copy of my note to Count Man- derstrom, minister of foreign affairs, transmitting copies of the President's proclamations establishing a blockade of the ports in the seceding States, which I hope may meet your approbation. I have the honor to be, with great respect, your obedient servant, BENJ. F. ANGEL. Hon. Wm. H. Seward, Secretary of State, &c., &c., (S:c. Legation of the Untted States, Stockholm, May 22, 1861. Sir: The President of the United States, in view of the disturbed and un- happy condition of public affairs in the southern portion of our confederacy, and in the exercise of what ho regards as a legal right and constitutional duty, has ordered and established an effective blockade of the ports in the several States of South Carolina, Georgia, Alabama, Florida, Mississippi, Louisiana, Texas, Virginia, and North Carolina, 396 ANNUAL Mj:SSAGE OF THE PEESIDENT. I have the honor herewith to transmit to your excellency copies of the President's proclamations upon this subject, for the information of his Majesty's government, and I avail myself of the occasion to offer to your excellency the renewed assurance of my high consideration. BEN J. F. ANGEL. His Excellency Count Manderstrom, Minister of Foreign Affairs, d-c, &c., &c. Mr. Angel to Mr. Seward. [Extract.] No. 79.] Legation of the United States, Stockholm, June 4, 186L Sir: In my conference with Count Manderstrom to-day I was informed that no application has been made to the Swedish government on behalf of the people of the so-called Confederate States for their recognition as an inde- pendent nation, and although passports are not now required, either in Sweden or Norway, I am quite sure no agents are here from the seceded States for any purpose whatever. * * * * * I have the honor to be, with great respect, your obedient servant, B. F. ANGEL. Hon. William H. Seward, Secretary of State, &c., &c., &c., Washington. Mr. Angel to Mr. Seward. [Extract.] No. 83.] Legation of the United States, Stockholm, June 10, 1861. In the contest in which we are unfortunatel}^ engaged, it is of great im- portance to secure the good opinion of mankind, and I am gratified in being able to inform you that, so far as my reading and observations extend, the better informed European statesmen express the opinion that those charged with the administration of public affairs have acted with the greatest mode- ration and forbearance under circumstances which might perhaps have jus- tified retaliatory measures, and in their defence of constitutional law and an organized government against treason and revolution they will have the sympathy and best wishes of all conservatives on this side the Atlantic. I am, sir, your obedient servant, B. F. ANGEL. ANNUAL SIESSAGE OF THE PRESIDENT. 397 3fr. Haldeman to Mr. Seward. [Extract.] ISTo. l.J Leqatiox of the United States, Stoclcholm, June 14, 1861. Siu: ******** Yesterday I called, by appointment, upon Count Manderstrom, minister of foreig-n affairs. Count M., in bclialf of his government, welcomed me most cordially to Sweden as the representative of the United States of America. Count Manderstrom informed me of the absence of his Majesty in Norway, whose return was daily expected, and that an early day would be fixed for the audience to present my letter of credence. During the interview he re- ferred to the condition of affairs in the United States, and expressed himself strongly- in favor of our government. From the limited opportunity I have had to judge, I have no hesitation in the declaration of the opinion that the sympathy of the entire north of Europe is almost unanimously in favor of the existing government of the United States. The emigration from this part of Europe having been to the northern or free States, they speak as if they would like to give active aid to their friends, relatives, and countrymen. ********* I have the honor to be, with respect, your obedient servant, J. S. HALDEMAN. Hon. Wm. H. Seward, Secretary of State, &c., &c., &c. Mr. Haldeman to Mr. Seicard. [Extract.] No. 3.] . Legation of the United States, Stockholm, July 4, 1861. Sir: I have the honor, in reply to your circular of May 20, to inform you that I am almost confident no eflbrt or attempt to purchase articles contraband of war, or to fit out vessels in any port of Sweden, under letters of marque, need be apprehended. The public voice of this nation, represented by a free press, is clearly and emphatically in favor of my government, and view secession as a causeless rebellion, which ought to be suppressed by the strong arm of military law. Should, contraiy to my expectation, efforts be made by mercenary men to give in any manner assistance to the rebels, I have no doubt I shall receive information of the fact in time to call the at- tention of his Majesty's government to the subject. Frequently application has been made to me by honorable discharged oflBcers of the army of Sweden to know if their services would be accepted by my 'government, and on what conditions. I have replied that I have no 398 ANNUAI. MESSAGE OF THE PRESIDENT. instructions on that subject, and can make no promises or arrangements on the part of my government. The question is asked if their passage-money would be paid on their arrival in America and entering the service. Two of these officers are eminent military engineers. ********** I have the honor to be, with great respect, your obedient servant, J. S. HALDEMAX. Hon. William H. Seward, Secretary of State, SfC, SfO , Sfc. Mr. Seward to Mr. Haldeman. No. 2. J . Department of State, Washington, July 8, 1861. Sir: Your despatch of June 14 (No. 1) has just been received. Your sa£b arrival at j-our destination is a source of satisfaction, and the information you give concerning the tone and temper of public opinion in the north of Europe, with regard to the present embarrassment in our domestic affairs, is especially gratifying. I am, respectfully, your obedient servant, AVILLIAM H. SEWARD. Jacob S. Haldeman, Esq., SfC, SfC, SjX:. Mr. Seward to Mr. Haldennan. No. 3.] Department of State, Washington, July 25, 1861. Sir: Your despatch of June 26 (No. 2) has been received. So much of it as relates to the preservation of the archives, and other matters of subordi- nate interest, will be noticed in a distinct paper. The President is gratified by the account of the friendly reception you have received from his Majesty, and directs me to congratulate yon upon the good auspices under which your mission is commenced. You will lose no good opportunity for assuring the government of Sweden that the United States entertain the highest consideration and cherish the best wishes for his Majesty and the Swedish people. I am, sir, respectfully, your obedient servant, WILLIAM H. SEWARD. Jacob S. Haldeman, Esq., Sfc, SfC., S(v., Stockholm. AJSTNUAL ilESSAGE OF THE PKESIDEXT. 399 Mr. Haldeman to 3Tr. Seioard. ^Extracts.] No. 5.] United States Legatiox, Stockholm, July 28, 1861. Sir: Since I last wrote quite a chang*e is visible in diplomatic circles in regard to American aflFairs. They now speak out openly that the govern- ment of the United States should act vigorously and efficiently; enforce the laws by the strong arm of military power; that the rebellion should be annihilated by force and not by compromise; that is a mistaken policy to suppose that delay and the holding out of the olive branch ever fitted rebels for grace, or brought them to a sense of their guilt. On the 29th of July the King joins his fleet in the Baltic, and will visit the coasts of Norway and Denmark; he will be absent some four or five weeks. Her Majesty at the same time visits her parents, the King- and Queen of Holland. Count Edward Piper, who has been appointed minister to the United States, is one of the first noblemen in Sweden, with a thorough English education and manners, and whose appointment was intended as a compliment to the United States. Count Mauderstrom informed me at our last conference that a large Swedish frigate would be sent to the American waters to protect Swedish interests against privateers if it should be neces- sary. From all quarters the firm and decided course of the administration is spoken of with respect and esteem; no one now seems to doubt of the speedy triumph of the government. I remain, with great respect, your obedient servant, J. S. HALDEMAN. Hon. William H. Seward, Secretary of State, Sfo., SfC, S^-o., JVashington. Mr. Seward to Mr. Haldeman. No. 4.] • Dep.^tmext of State, Washington, July 30, 1861. Sir: Your despatch of July 4, 1861, (No. 3,) has been received, and it is entirely satisfactory in regard to your own activity in jonv mission, and the favorable dispositions of the enlightened government to which you are ac- credited. We notice with much pleasure the willingness of military gentlemen of talent and experience in Sweden, as in other nations, to enter the army of the United States. It is a proof of a sympathy with our great cause of in- estimable value. We wish, indeed, that we were able to engage to accept all who should come. But this is impossible, for the reason that they are coming in unknown numbers from various European states, while at the same time a long repressed martial spirit has broken out among our own countrymen, which gives us more candidates than we have places for. Gradually we have taken into the service several able and spirited military 400 ANNUAL MESSAGE OF THE .PEESIDENT. men from Prussia, Italy, France, and Hungary. I shall be happy to recom- mend any the government of Sweden may desire xjs to accept. * *' * 4f- * * * # «= I am, sir, respectfully, your obedient servant, WILLIAM H. SEWARD. Jacob S. Haldeman, Esq., ^c, S^c, SfC, Stockholm. Mr. Seward to Mr. Haldeman. No. 5.] Department of State, Washington, August 19, 1861. SiK : Tour despatch (No. 4) of July 22 has been received. The announcement which you were requested to make, by his excellency Count Manderstrom, of the appointment of Count Piper as his Swedish and Norwegian Majesty's minister resident in the United States, has been re- ceived with much satisfaction. The filling of the mission in so acceptable a manner at this period is regarded by the President as an earnest of his Ma- jesty's friendly feelings towards the government of the United States, and you are directed to assure Count Manderstrom that the new minister will receive at our hands a most cordial welcome, and that no opportunity will be neglected of strengthening the ties of amity between the government of his Majesty and that of the United States. I am, sir, respectfully, your obedient servant, WILLIAM H. SEWARD. Jacob S. Haldeman, Esq., S^c, S^., 4rc., StocJcholm. Mr. Seivard to Mr. Haldeman. [Extrapt ] No. 6.] Department of State, Washington, August 19, 1861. Sir : :|e * * ^ * . 5i< * >t; H: * * * The information which you give concerning the temper and feeling of the government and people of Sweden is very gi'atifying. This government will find a sincere pleasure in doing all that shall be in its power to favor the safety and freedom of the commerce of Sweden in the ports of the United States not closed by the blockade. I am, sir, respectfully, your obedient servant, WILLIAM H. SEWARD. Jacob S. Haldeman, Esq., Sfc., Sfc., SfC, Stockholm. * * * * * * * * * ANNUAL MESSAGE OF THE PKESIDENT. 401 Mr, Seward to Mr. Haldeman. [Extract.] No. 1.] Department of State, Washington, September *I, 1861. Sir: Your communications concerning' internal questions in Sweden are appre- ciated, and we hope that the succession to the throne may be settled in a manner satisfactory to the government, and conducive to the welfare of the enlig-htened people whom it so deeply concerns. We have already forgotten the reverse of our arms at Bull Run, which affected you so deeply, and the prospect of the restoration of the authority of the Union is entirely satisfactory. Our volunteer army will, I have no doubt, vindicate its character and win back the confidence of the country and its friends. I am, sir, your obedient servant, j» WILLIAM H. SEWARD. Jacob S. Halpeman, Esq., ^"C, ^v., Sfc., Stockholm. Ex. Doc. 1 26 PORTUGAL. Mr. Uorgan to Mr. Seward. [Extract.] iVo. 66.] United States Legation, Lisbon, April 6, 1861. During' the evening his Majesty inquired with interest as to the condition of affairs in the United States, but when 1 assured him, as I had before done on a similar occasion, that the Union would be preserved, his manner was more expressive of doubt than belief, though he replied that he hoped I was not mistaken, as it would be a great pity to see so fine a country ruined, and I regret to say that my colleagues, and European politicians generally, regard the disruption of the States as an established fact. ******** With high respect, I have the honor to be your obedient servant, GEORGE W. MORGAN. Hon. W. H. Seward, Secretary of State. Mr. Morgan to Mr. Seward. No. 61.1 United States Legation, Lisbon, May 29, 1861. Sir: I have the honor to enclose a copy of my note to the government of H. M. F. Majesty on the subject of privateers. I have notified our consular agents of the importance of vigilance. Would it not be good policy to take into regufar commission a considera- ble number of our clipper ships, till our navy can be placed on a basis com- mensurate with the crisis ? The telegraph announces that the President has notified the foreign powers that he will discontinue diplomatic relations with any nation that recognizes the so-called Confederate States. I trust that it is true, for such a policy will produce good results, and is not less wise than it is dignified. If we come out of this contest triumphant, and the Union be preserved, our nation will be more powerful and more glorious, more loved and more feared, than ever before in our history as a nation. I have the honor to be, very respectfully, your obedient servant, GEORGE W. MORGAN, Hon. Wm. H. Seward, Secretary of State. 404 ANNUAL MESSAGE OF THE PRESIDENT. United States Legation, Lisbon, May 21, 1861. Sir: A combination of individuals in certain of the southern States of the United States have raised the standard of insurrection, and under the pre- tended authority of the self-styled Confederate States of America have threat- ened to grant pretended letters of marque for the purpose of committing assaults on the lives, vessels, and property of good citizens of the United States, lawfully engaged in commerce on the high seas, and in the waters of the United States. And in consequence thereof, on the 19th day of April, 1861, and the eighty-fifth year of the independence of the United States, the President, by formal proclamation, declared that if any person, under the pretended authority of the said so-called bul unrecognized Confederate States, or under any other pretence, shall molest a vessel of the United States, or the persons or cargo on board of her, that such person will be held amenable to the laws of the United States for the punishment of piracy. In the name, therefore, of the government of the United States, I have the honor to request that the government of H. M. F. Majestj'' may cause such measures to be taken as will effectually prevent any vessel from being prepared in any of his Majesty's ports for the aforesaid piratical purposes. Under the conviction that reliable information as to said insurrection will be gratifying to his Majesty's government, I briefly submit the following statement: 1. The government of the so-called Confederate States has been neither recognized by any sovereign state, nor has it been acknowledged by the people it professes to represent. But, on the contrary, the combination of individuals who have usurped the title of a government refuse to submit their constitution to the ratification or rejection of the citizens of said States. 2. The insurrectionists are wanting in the great elements necessary to successful war. Their ports are strictly blockaded ; their supplies are cut off, by land and by sea, and within themselves they are destitute of the means of carrying on a prolonged struggle. 3. That while it may be difficult to predict the length of time which may be required to suppress the insurrection, yet in the future nothing can be more certain than are the vindication of the national fla^, and the perfect restoration of order and prosperity under the Constitution of the United States. It affords me great pleasure to renew to your excellency the assurance of my most distinguished consideration. GEORGE W. MORGAN. His Excellency M. Antonio Jose d'Avila, Secretary of State for Foreign Afairs, &c. ANNUAL MESSAGE OF THE PRESIDENT. 405 Mr. Harvey to Mr. Seward. No. 6.] Legation of the United States, Lisbon, July 25, 1861. Sm : I have just had my first interview with Mr. d'Avila, the minister of foreign affairs, since being presented to the King, and desire to report its purpose and character. While no instructions have reached^me in regard to the desired action of this government concerning privateers, I considered it proper, in view of the facilities offered by the ports of Portugal and her colonies to prizes, to call the attention of the proper authorities to it at the earliest opportunity when I was in an official position to do so with effect. On the very day of my arrival here, and when I did not anticipate the painful delays and difficulties which have since occurred, I told General Morgan of my intention to ask for a proclamation excluding privateers, as soon as I was presented. He addressed a note to the foreign office on the 2d instant, in which the general question was discussed at much length. And although he afterwards called several times upon Mr. d'Avila, no answer was obtained before his departure yesterday. These were the circumstances under which I felt it necessary to go for- ward and to ask for some decisive action. I told Mr. d'Avila frankly that I did not desire to signalize my advent here by any protracted correspondence, and least of all by a controversy, and that the sentiments which I had ex- pressed at my audience of presentation were those which really animated me. I informed him that a condition of affairs existed in the United States which required me to claim an early and positive expression of views by the Portuguese government on this subject, and therefore he must excuse my seeming urgency. He inquired if I adopted the note which General Morgan had addressed to him. I answered that I accepted the principle, but was willing to waive a correspondence, if .the object could be accomplished by a direct and candid interchange of opinions orally, when there would be less difficulty in understanding each other, and a readier mode of reaching a con- clusion promptly. He concurred in this suggestion, and said it reflected his own sincere dispositions. I then told him that a proclamation forbidding the ports of Poi'tugal and her colonies to privateers ■and their prizes, in explicit terms, would be satis- factory, and argued that, as Portugal had acquiesced in the treaty of Paris of 1856, there ought to be no difficulty in making this declaration. In order to strengthen the reason, I suggested that the proclamation might be made broad and general, because I most desired the assertion of a practical prin- ciple which would cover the case completely. He seemed to assent to the idea, and remarked that it was disembarrassed materially by the fact that the government of the United States had discountenanced the issuing of letters of marque. I told him that the government had not only done that, but that it deprecated and denounced the system, which certain insurrectionary and tumultuous assemblages of people had proclaimed with a professed authority. In order that no misapprehension might occur, I notified Mr. d'Avila that a proclamation or declaration which, in doubtful phrases or by implication, recognized the existence of any pretended organization in the United States, independent of the government which accredited me, and which alone has power to make treaties and conduct diplomatic intercourse, would be regarded as a most unfriendly act by the President. After again urging upon him reasons for an early decision, he explained that the cortes wei'e now in session night and day, but expected to adjourn soon, when he would lay the matter before the King's council, and obtain their opinion, which he thought would conform to my request. I asked him 406 ANNUAL MESSAGE OF THE PRESIDENT. to name a convenient day when an answer might be expected. He declined fixing- a time certain, but expressed the belief that by the middle of next week the council could be convened, and this subject should have precedence over all others. In proposing a proclamation such as I have suggested, vessels-of-war and their prizes would be allowed entry to the ports of Portugal, which the Eng- lish and French governments have expressly excluded, putting them on the same footing with privateers. As I have acted upon my own motion in this matter, I submit it to your approbation. With high respect, your obedient servant, JAMES E. HARVEY. Hon. William H. Seward, Secretary of State. Mr. Harvey to Mr. Seward. [Extract.] No. 1.] Legation of the United States, Lisbon, July 28, 1861. Sir: Since my despatch (No. 6) of the 25th instant, information reached that plans were concerted by the parties who had recently applied for the privilege of fitting out a privateer, and others, to accept letters of marque from the so-called Confederate States, and to use some of the remote islands of Portugal as places of rendezvous for outfit and for the disposal of any prizes that might be taken. In view of the facilities ofiered for these nefarious enterprises in the Azores, Madeira, Cape de Verd, and other islands, as well as in the small Indian possessions of that kingdom, I felt it proper to address the note, of which a copy is enclosed, to the minister of foreign affairs, yesterday, as a means of inducing him to take immediate and decisive action on the subject. These facts will serve to explain the seemingly urgent tone of my note, which I thought demanded by the necessity of the case. I am, sir, very respectfully, your obedieut servant, JAMES E. HARVEY. Hon, W. H. Seward, Secretary of State. Legation of the United States, July 2*1, 1861. The undersigned presents his compliments to his excellency M. d'Avila, minister of foreign affairs of his most faithful Majesty, and begs leave to repeat in this form, for the convenience of a more precise understanding, the substance of the ideas which he had the honor to express in his inter- view with his excellency on the 25th instant. Portugal has acceded fully to the anti-privateering doctrine established by the declaration of the congress of Paris of April, 1856, to which the assent of the United States has recently been given. Opposed to the principle and practice of privateering, Portugal ought not ANNUAL MESSAGE OF THE PRESIDENT. 407 to hesitate, as it appears to the undersigned, to declare by general procla- mation, as a general principle and rule, that her ports are no longer open to privateers or their prizes. This is the extent of the present request of the undersigned. He does not ask that Portugal shall make any particular application of the general rule to the peculiar and unhappy state of things now existing in the United States, nor that any unnecessary notice or cognizance should be taken of the disturbed condition of domestic affairs in the United States. Indeed, the government of the United States would not view with satisfaction any such superfluous and unnecessary expression of views or sentiments by any foreign power in regard to a state of things purely domestic, local, and temporary, to which a satisfactory termination will soon be placed by the ample power of the United States government. On the contrary, as the undersigned took occasion to assurehisexcellencyM.d'Avila, at the personal interview referred to, any declaration which recognized the existence, even by implication, of a pretended organization in the United States, independent of the government, which alone has the power to make treaties, and to conduct diplomatic intercourse, and the authority of which cannot be ques- tioned, would be considered as a most unfriendly act. As little as the government of the United States would pretend to inter- fere in an}' analogous question that might possibly arise between the gov- ernment of his most faithful Majesty and any of the provinces of his king- dom, can the United States be disposed to view with satisfaction any such expression as that suggested on the part of his or any foreign government. At the same time it is manifest that questions of the most embarrassing and even dangerous character are, at any moment, liable to occur, if unlaw- ful and piratical privateers, with unlawful prizes, should make their appear- ance in the waters of Portugal or her colonies, and it is with a view to the amicable anticipation of such possible contingencies that the undersigned has requested, and now repeats the request, that the government of his most faithful Majesty should simply carry out, to its natural and necessary conse- quence and application, the principle of the declaration of Paris above referred to, as having been fully acceded to by the enlightened government of his most faithful Majesty. The undersigned begs to add the expression of his hopes that in advance of the issue of the proclamation, which, under these circumstances, he be- lieves and expects will be issued at the earliest convenient day by his most faithful Majesty, the undersigned may be favored with an opportunity of seeing the proposed terms of the same, in order that, by means of frank interchange of views, there may be the more perfect certainty of such a friendly and reciprocally satisfactory harmony of views between the two governments as shall correspond to the sentiments already fully expressed by the undersigned on behalf of the President of the United States, and most satisfactorily and cordially responded to by his most faithful Majesty. In conclusion, the undersigned respectfully asks that this subject, in view of its importance and possible complications, may be brought to the early notice of his most faithful Majesty, so as to preclude the happening of events which might involve grave consequences, to which the interests and good will of both nations are alike opposed. He appreciates the reasons which have been assigned for the delay, since the subject was first presented by his immediate predecessor, in a note to his excellency M. d'Avila, dated on the 2d of July; but urgent considerations have recently arisen which require the undersigned to submit this request on behalf of the government of the United States. The undersigned avails himself of this occasion to renew the assurances of his most distinguished consideration. JAMES E. HARVEY. 408 ANNUAL MESSAGE OF THE PKESIDENT. Mr. Harvey to Mr. Seward. No. 8.] Legation of the United States, Lisbon, July 30, 1861. Sir: I received a note from Mr. d'Avila, the minister of foreign affairs, yesterday, requesting an interview with me at 4 o'clock. I called at the foreign office at the appointed hour, and he immediately presented the original draft, in Portuguese, of a proposed proclamation, of which I enclose a translated copy, marked No. 2. After hearing it read and reduced into English, I expressed my acceptance of its general scope and spirit, but ex- pressly demurred to the declaration at the end of article 2, by which armed vessels are placed in the same category as privateers in regard to prizes. Although I knew it was of no practical importance to the United States under present circumstances, it was easy to foresee that in the event of war with England or France, and with their ability to blockade our ports, that prizes taken by American ships-of-war would be thus excluded from Portugal and her possessions. Hence my objection to that point. I told Mr. d'Avila that it went beyond the treaty of Paris, upon which the proclamation was professedly predicated, and that it did what I had sought to avoid by intro- ducing indirectly our domestic question. He said his object was to exclude the prizes of vessels-of-war of the so-called Confederate States, in case they should create a navy, and thus to guard against any future complication. To this suggestion I answered that, as we were not dealing with supposi- titious or hypothetical cases, it was necessary to adhere to the practical question, and, as M^e had stated, on the basis of the declaration of Paris in regard to privateering and his own preamble set out with that statement, the introduction of any extraneous matter would be not only irrelevant, but likely to defeat the object which both sides alike professed to have in view. He did not respond to this suggestion, but agreed to let me take the rough draft, in order that I might submit whatever observations might occur to me as appropriate. I prepared the accompanying note (marked No. 1) this morning, and sent it to Mr. d'Avila an hour ago. There are two councils before which such questions are considered; first, the council of ministers or the cabinet; and second, the council of state, which is a larger body, and includes the cabinet and other distinguished persons. I understood Mr. d'Avila to say that the draft of the proclamation had been laid before the former, and approved by them, and that my pi'o- posed amendment must, therefore, be presented at another meeting. I have reason to believe that my note of Saturday precipitated this action, which, in a country where diplomacy is proverbially slow, exhibits unusual promptitude. I am, sir, very respectfully, j'^our obedient servant, JAMES E. HARVEY. Hon. W. H. StWARD, Secretary of State, Washington City. ANNUAL MESSAGE OF THE PKESIDENT. 409 No. 1. Legation of the United States, July 30, 1861. The undersigned presents his most respectful compliments to his excel- lency M. d'Avila. and referring to the conversation he had the honor to have with his excellency yesterday, and repeating his thanks for his excel- lency's courtesy in showing him the draft of the proclamation contemplated by the government of his most faithful Majesty, as a proper consequence and application of the principles adopted by Portugal by her adhesion to the declaration of Paris of April, 1856, he begs leave to submit the follow- ing observations to his excellency's enlightened consideration: The declaration of Paris abolished privateering. It would seem to follow as a necessary logical consequence to all powers acceding to the same, that under no circumstances (except those of force, vnajeia-e, and brief, indispensa- ble hospitality, in view of the laws of humanity) ought their ports to be open to the admission of privateers or their prizes. So far, then, as regards privateers and their prizes, the undersigned sees nothing but what he must approve in the draft of the proclamation referred to. But the declaration of Paris did not go further, and change the established maritime law of the world in regard to the legality of the capture of prizes by the regular men-of-war of the naval, forces whose fleets roam the ocean. Such prizes have always been deemed legitimate, and still remain so. It is no" application of the principles of the declaration of Paris to exclude such regular and lawful prizes, made by the regular vessels of one nation, from the ports of a friendly nation. In this respect the words, "on por embarcacoes annadas," at the end of article 2, appear not only to go much beyond the principles of the declaration referred to, but even to be most un- necessarily introduced into a proclamation avowedly designed for the mere execution and practical application of the principles of that declaration. To introduce them at this moment in such a proclamation would be deemed by the government of the United States not only as a gratuitous deviation from the terms of the preamble to the same proclamation, but as a deviation prompted by a reason which would seem to involve an indirect, if not a direct, reference to the present rebellion of a small portion of the United States. It would be understood as placing on the same level the regular men-of-war of the United States and the privateers of the States now in rebellion, so far as regards the prizes made by them. It is only with refer- ence to the principle involved, to the apparent inconsistency between the preamble and the sequence, and to the misconstruction to which it would be consequently- liable, that the undersigned indulges the hope and expecta- tion that the few words above cited may be omitted from the proposed proclamation, and takes occasion to say that in that form it will be perfectly acceptable to the government of the United States, and will add another to the many links of friendly relation and intercourse which already bind closely together the two countries. It' is only proper for the undersigned to notify his excellency M. d'Avila that information has been communicated to the government of the United States which authorizes the belief that some of the remote islands and colo- nies of this kingdom are proposed to be used by designing and reckless persons to engage in the nefarious enterprises referred to by the equipment of privateers, or the sale of prizes, if any should be taken. He knows per- fectly well, in advance of anj' assurance, that such lawless undertakings would be sternly deprecated by the government of his most faithful Majesty; but his excellency cannot fail to discover in this fact an urgent 410 AJS[NUAL MESSAGE OF THE PRESIDENT. reason why a proclamation of such sentiments, and in the unobjectionable form suggested, should be immediately made. It is with this view, and to provide against the contingency of future, and perhaps of impending, diffi- culty, that the undersigned has brought the subject thus promptly to the notice of his excellency, and with the most friendly spirit and purpose. The undersigned begs leav$ to return the rough draft of the proclama- tion, and to repeat his assurances of respect and distinguished considera- tion. JAMES E. HARVEY. No. 2. [Translation of proposed proclamation.] It being convenient, under existing circumstances, to carry out the execu- tion of the principles contained in the declaration of Paris of 16th April, 1856, made by the representatives of the signing parties to the treaty of peace of 30th March of the same year, to which my government hath ad- hered, I am pleased hereby, having heard the council of ministers, to decree the- following : Article 1. It is prohibited to Portuguese subjects and foreigners to equip in the ports and waters of this kingdom, not only oh the continent and adjacent islands, but also in the ultramarine provinces, vessels destined for privateering. Article 2. In the same points cited in the preceding article it is equally prohibited the entry of privateers and prizes made by .them or by armed vessels. §°. All cases of force, (majeure,) wherein, according to the rights of nations, hospitality' becomes indispensable, are excepted from this clause without, however, allowing, under any form, that the sale of objects arising from prizes shall take place. Let the ministers and secretaries of state of all the departments under- stand these presents, and cause the same to be executed. Palace of Necessidados, July 29, 1861. Mr. Seward to 3Ir. Harvey. No. 2. J Department of State, Washington, July 30, 1861. Sir : Your despatches No. 1, of June 30, and No. 2, of July 1, have been received, and are under the consideration of the President. Mr. Morgan's despatch No. 10, of the date of July 5, has been received. I am instructed by the President to say that Mr. Morgan's proceeding in ad- dressing the Portuguese government on the subject of allowing the fitting out or harboring of privateers to prey upon the commerce of the United ANNUAL MESSAGE OF THE PKESIDENT. 411 States is approved, as well as the general tenor of his communication on that occasion. The President cannot for a moment allow the belief that Portugal would be the only or even the first power to permit proceedings so injurious to the United States as a license or shelter granted to pirates engaged in preying on their commerce would be. Nevertheless, we shall look not without some solicitude for the result of the matter thus initiated by Mr. Morgan. Please assure him, if he is yet remaining in Lisbon, of the entire satisfac- tion with which his conduct in the mission, so far as it has been reported to me, is regarded by the government. I am, sir, your obedient servant, WILLIAM n. SEWARD. James E. Harvey, Esq., SjV., ^c, S^g., Lisbon. Mr. Seivard to Mr. Harvey. No. 5.] Departmext of State, Washington, August It, 1861. Sir : Your despatch No. t, dated July 28, has been received. It is accom- panied by a copy of a note which 3'ou on the 2Tth of July addressed to M. d'Avila, minister for foreign affairs in the government of Portugal, on the subject of privateering by or in the service of the insurgents of the United States. Your proceeding in this respect seems to have been eminently judi- cious, and the note itself, I think, very well and properly expressed. It is hoped that you will before this time have received such a satisfactory reply as our good relations and treaties with the government of Portugal authorize us to expect. I am, sir, respectfully, your obedient servant, WILLIAM H. SEWARD. James E. Harvey, Esq., SfC, S^., ^-c , Lisbon. Mr. Seivard to Mr. Harvey. No. t.] Department of State, Washington, August 21, 1861. Sir : Your despatch No. 4, under the date of July 20, has been received. Your address to his Majesty was appropriate, and even happy. His reply is very gratifying to this government. We trust that you may find it easy to keep the relations between the two countries on a basis of mutual and cordial friendship. I am, sir, respectfully, your obedient servant, WILLIAM H. SEWARD. jAiiEs E. Harvey, Esq., ^-c., Sj-c, Sfc., Lisbon. 412 ANNUAL MESSAGE OF THE PEESIDENT. 3Ir. Seward to Mr. Harvey. No. 8.] Department of State, Washington, August 24, 1861. ' Sir : Your despatch No. 8, dated July 30, has been received, and I have the pleasure of informing' you that the President entirely approves of your diligent and judicious action concerning- the proposed proclamation of the ji^overnmeut of Portugal. We look with much confidence for g'ood results from it. I am, sir, your obedient servant, WILLIAM H. SEWAED. James E. Harvey, Esq., S^-c, Sfc, SfC, Lisbon. Mr. Harvey to Mr. Seward. No. 13.] Legation of the TJNrrED States, Lisbon, August 25, 1861. Sir: I have the honor to enclose herewith the copy of a note from the foreign office, covering the copy of a proclamation in regard to privateers and their prizes, (Nos. 1 and 2,) in the form finally adopted by the council of state. This decree was published in the official paper (Diario de Lisboa) on the 23d instant, a copy of which has already been transmitted to the department. By referring to my despatch No. 8, it will be seen that the preamble of the proclamation has been modified, so as to escape the logical incon- sistencies which I then pointed out, in the hope of inducing the omission of certain phrases, which would have rendered it more acceptable. I have the best reason to know that the council of ministers, or cabinet, were not only well disposed to adopt my proposed amendment, but that they submitted the proclamation with the revision. When this fact became known to me, I urged, with every influence and persuasion at my command, an immediate decision, so as to insure the pro- mulgation before any interrupting cause or accident could intervene. But the King went away for a short time, and a council of state, to which the. proposed action of the council of ministers on important questions is pre- sented for examination, could not be convened. In the meantime intelligence from the United States of an eventful character affected opinion here, and gave increased weight to the objections which had been urged by the British minister and others against the form of proclamation which I had requested. A council of state was summoned upon the return of tlie King, and the result of their deliberations is to be found in the documents enclosed in this despatch. While I should have been greatly gratified had my amendment been accepted, I have the satisfaction to know that it did not fail from any want of zeal, energy, or effort on my part, and that the proclamation as it now stands is mainly predicated upon your policy, in execution of the principle of the treaty of Paris, and is not open to the objections urged against those issued by England, France, or Spain. I have the honor to be, sir, very respectfully, JAMES E. HARVEY. Hon. W. H. Seward, Secretary of State. ANNUAL MESSAGE OF THE PRESIDENT. 413 Mr. d^Avila to Mr. Harvey. [Translation.] No. 1.] Department of State for Foreign Affairs, August 22, 1861. The councillor of state, Antonio Jose d'Avila, presents his most attentive compliments to Mr. James E. Harvey, and has the honor to remit him the enclosed copy of the decree of the 29th of July last, published according to the last form given thereto, after hearing the council of state. [Translation.] No. 2.] Ministry of Foreign Affairs. It being proper, in view of the circumstances at present existing in regard to the United States of America, to carry into effect the principles established in the declaration of Paris of April 16, 1856, made by the representatives of the powers that signed the treaty of peace of the 30th of March of that year, to which declaration my government acceded, and likewise, for the same reason, to adopt other measures which I deem opportune, I have been pleased, after hearing the council of state, to decree as follows: Article 1. In all the ports and waters of this kingdom, as well on the continent and in the adjacent islands as in the ultramarine provinces, Portuguese subjects and foreigners are prohibited from fitting out vessels destined for privateering. Article 2. In the same ports and waters referred to in the preceding article is, in like manner, prohibited the entrance of privateers and of the prizes made by privateers, or by armed vessels. §The cases of overruling necessity, {for^a maior,) in which, according to the law of nations, hospitality is indispensable, are excepted from this regu- lation, without permission, however, being allowed, in any manner, for the sale of any objects proceeding from prizes. The ministers and secretaries of state in all the departments will thus understand, and cause it to be executed. Palace of Necessidade,*;, July 29, 1861. KING. Marquez de LouLfe. Alberto Antonio de Moraes Carvalho. ViSCONDE DE Sa DA BaNDEIRA. Carlos Bento da Silva. Thiago Augusto Velloso de Horta. Antonio Jose d'Avila*. PERU. Mr. Seward to Mr. Robinson. No-. 2.] " Departmevt of State, Washington, November 12, 1861. Sir: You are appointed a minister to represent the United States near the republic of Peru. This appointment is an overture by this government, under the present administration, to renew the friendly relations with Peru, which had been suspended, on the motion of this government, when administered by the last President, James Buchanan. The Peruvian government may naturally ask and be entitled to an expla- nation of this change of position on the part of the United States. It is confessed to be unfortunate when any government has occasion to reverse its policy in any material respect, especially a policy of friendship or of hostility towards foreign nations. Inconstancy is always liable to be mistaken for inconsistency, and inconsistency is too often the result of caprice. Moreover, when we come to explain such a change in any case, however necessary it may have been, we shall still find it necessary to explain in such a manner as shall not cause it to be understood that the reconsideration is due to personal or partisan considerations indulged by the government. Keeping these points in view, you will be at liberty to say, in your com- munications with the representatives and statesmen of the country to which you are accredited, that the President of the United States entertains the opinions that the several states founded on the American continent have common interests arising out of their neighborhood to each other, their common attitudes towards states in the eastern hemisphere, and the similarity of their commercial, social^ and political institutions; that owing to the inexperience of mankind in the conduct of republican representative insti- tutions, and the incompleteness of assimilation in the population of these American states, there is always too much danger of faction at home, while faction at home inevitably tends to invite intrigues and intervention from abroad for the overthrow of the American powers with hopes of recon- quest from Europe. For these reasons, the President of the United States, without at all reflecting upon the sentiments or the action of his predecessor, determined, on assuming the administration of the government, to resist rather than to yield to influences which might tend to introduce anarchy into any one of the American states, or produce alienation and war between them. In reviewing the causes assigned by his predecessor for withdrawing our representative from Peru, he came to the conclusion that, although serious differences had arisen between the two countries, yet that there was no impera- tive necessity resulting from those differences for a declaration of war against Peru. Not being able to recommend to Congress the adoption of hostilities against Peru, it seemed to result that the differences between the two states might be accommodated by the two powers in case of renewed and pacific relations. 416 ANNUAL MESSAGE OF THE PEESIDENT The questions in difference between the two countries will be a subject of special instruction in a distinct paper. I confine myself in this despatch to instructions for your conduct in presenting yourself at Lima. You will assure the government of Peru that the United States are sin- cere and earnest in their friendship and affection for that republic; that they desire its prosperity and advancement, equally for the welfare of its own people and the best interests of civilization; and that consistently with that regard for own rights, which every nation must always cherish which is really independent, the United States will always be found to manifest the most cordial sympathies with the republic of Peru, and with other sister states on the American continent. I am, sir, j'our obedient servant, WILLIAM H. SEWARD. CHRisTorHER RoBixsoN, Esq., Sfc, Sj-c, ^v. aUATEMALA. 3Ir. Crosby to Mr. Seward. [Extract.] No. 1.] Legation of the United States, Guatemala, June 1, 1861. Sir: ********* His excellency the President of Guatemala and his ministers, as well as the other officers and gentlemen of the government and country, all express their great friendship for the government and people of the United States, and especially their fervent hope that the present administration might silccessfully suppress the disturbances in portions of the southern States, and maintain the Union in all its integrity. *** * * ***** I have the honor, &c., E. 0. CROSBY. Hon. \V. H. Seward, Secretary of State. Ex. Doc. 1 27 ?(ICARAGUA. Mr. Setcard to Mr. Dickinson. No. 2. J Department of State, Washington, June 5, 1861. Sir: The Spanish American states are important characters in the inter- esting drama of advancing- civilization. Tliey occupy a virgin domain eqnal to about one-eighth of the habitable part of the globe. Its fountains of wealth are inexhaustible. Its position secures it nearly equal advantages of trade and intercourse with the listless nations of the east, and with the vigorous nations of the west. Its ports, as well as all its transit routes are essential features in the commerce of the world. With the advantages of youth and singular exemption from foreign oppression or aggression which the Spani^sh American states have enjoyed for near half a century, it might have been expected that they would within that period have become strong- and influential nations. The fact, thus far, is otherwise. They are just strong enough to maintain independence without securing necessary fear or respect. With much versatility, respectable talent, high cultivation, and very generous aspirations, they are generally changeful and capricious. The very mention of a South American state suggests always the same inquiry: why a people so free, so virtuous, so educated, and so emulous, are not more secure, fortunate, and happy. Everybody wishes the Spanish American states well, and yet everybody loses patience with them for not being wiser, more constant, and more stable. Such, I imagine, is the temper in which ever}^ foreign state finds itself when it proposes to consider its relations to those republics, and especially the republics of Central America. I know, at least, that this has always been the temper of our best states- men in regard to Nicaragua. Union, or, at least, practical alliance with Nicaragua has always been felt by them as a necessity for the United States, and yet no one ever deems it prudent to counsel the establishment of such intimate relations. Possessing one of the continental transits most interesting to the United States, Nicaragua is at once jealous of foreign intervention to render it available, and incompetent to open and maintain it herself. But Nicaragua, like the other Spanish American states, has far better excuses for its shortcomings than it generally has credit for. That state became precociously mature, and it adopted our model of government with little of that preliminary popular education and discipline which seem necessary to enable any people to administer, maintain, and preserve free republican institutions. The policy pursued by foreign nations towards Nicaragua has not been liberal or generous. Great Britain, in her wars with Spain, early secured a position in the state very detrimental to its in- dependence, and used it to maintain the Indians in a condition of defiance against the creole population, while it did nothing, at least nothing effectually, to civilize the tribes whom it had taken under its protection. Unwilling to lend the aid necessary to the improvement of the country. Great Britain used its protectorate there to counteract domestic efforts and intervention from this government to make that improvement which wap necessary for the interest of Nicaragua herself, and hardly less necessary 420 ANNUAL MESSAGE OF THE PEESIDENT. for all the western nations. Our own g-overnment has been scarcely loss capricious, at one time seeming to court the most intimate alliance, at another treating the new republic with neglect and indifference, and at another indirect)}', if not directly, consenting to the conquest and desolation of the country by our own citizens for the purpose of re-establishing the in- stitution of slavery, which it had wisely rejected. It may be doubtful whether Nicaragua has not until this day been a loser instead of a gainer by her propinquity to, and intercourse with, the United States. Happily this condition of things has ceased at last. Great Britain has discovered that her Mosquito protectorate was as useless to herself as it was injurious to Nicaragua, and has abandoned it. The United States no longer think that the}' want slavery re-established in that state, nor do they desire anything at the hands of its government but that it may so conduct its affairs as to permit and favor the opening of an inter-oceanic navigation, which shall be profitable to Nicaragua and equally open to the United States and to all other maritime nations. You go to Nicaragua in this fortunate conjuncture of circumstances. Tliere is yet another comfort attending your mission. Claims of American citizens upon the government of Nicaragua have long been a source of diplomatic irritation. A convention which provides for the settlement of these claims has been alread}' negotiated. It wants onl}' the consent of the * Senate of the United States to an amendment proposed by Nicaragu, which, it is believed, would not materially change the effect of the convention, and such consent may, therefore, be expected to be given at the approaching special session of Congress. Your instructions, therefore, will be few and very simple. Assure the repub- lic of Nicaragua that the President will deal with that government justly, fairly, and in the most friendly spirit; that he desires only its welfare and prosperity. Cultivate friendly dispositions there toward the United States. See that no partiality arises in behalf of any other foreign state to our pre- judice, and favor, in every way you can, the improvement of the transit route, seeking only such facilities for our commerce as Nicaragua can afford profitably to herself, and 3'ield, at the same time, to other commercial nations. Let unpleasant memories of past differences be buried, and let Nicaragua be encouraged to rely on the sympathy and support of the United States if she shall at any time come to need them. I am, sir, your obedient servant, WILLIAM H. SEWARD, A. B. DiCKixsox, Esq., Sfc, Sfc, ^-c. EGYPT. ■ Mr. Thayer to Mr. Seward. No. 3.] ■ United States Consulate General, Alexandria, Egypt, June 29, 1861, Sir: I have the honor to inform you of my arrival at this port .on the morning of the 26th instant. The interruption of travel between Wash- ington and New York, consequent on the late riotous proceedings in Balti- more, and my illness in Europe, necessarily prevented an earlier appearance at my post. Immediate notice of my arrival, coupled with a request for an early inter view with the viceroy, was served on the minister of foreign affairs, who telegraphed accordingly to the Pacha, then sojourning at his palace in Benha, about one liundred and twenty miles distant A repl}^ arrived on the evening of the 28th instant, that his highness would visit Alexandria and give an official reception. The promptness of his response, and his obliging readiness in voluntarily foregoing the usage which lias heretofore required diplomatic agents, when asking an immediate interview, to present them- selves in whatever part of Egypt he may have happened to be, instead of his coming to meet them, are interpreted here as marks of special courtesy to the government of the United States. At half-past eight, according to previous arrangement, the dragoman of the viceroy arrived at the United States consulate with tlie state carriage, in which, together with our vice-consul, Mr. Johnson, I was conveyed to the palace built by the late Mohammed Aii on the sea-shore. We were also accompanied by a cavalcade of guards and janizaries attached to the other consulates at Alexandria. As we entered the court-yard the troops were drawn up in a line, with quite a fine effect, on our right, and we were greeted with the vigorous music of a military band. Passing up the steps of tlie palace, and between the numerous attendants and officers who stood in order on each side, I was welcomed' by the minister of foreign affairs, and by him presented to the viceroy, who advanced towards the centre of the spacious hall of reception. 1 then addressed him as follows : "Your Highness: I have the honor to present" to your highness a letter of credence from the President of the United States, announcing that I have been duly appointed to be the consul general of the United States for Egypt and its dependencies. " In tlius accrediting me as a diplomatic agent, the President desires me to assure your highness of his cordial friendship, and of his satisfaction in the continuance of those amicable relations which have so long and so happily subsisted between the governments of your highness and of the United States. " During my official residence it will be my pleasant duty, acting in har- mony with these assurances of the President, to use all honorable means to protect the interests of my fellow-citizens, and at the same time to foster a good understanding between them and the subjects of your highness. May these purposes receive your highness's benevolent approval." 422 ANNUAL MESSAGE OF THE PEESIDENT. In accepting my credentials, his highness replied, in French, that he per- fectly understood and was much pleased with what I had said; that he wel- comed me to Egypt, and hoped that his relations with the United States woud be as agreeable hereafter as they had been in times past. The viceroy then invited me to the divan, where we sat holding a few minutes of informal conversation, with the usual accompaniment of pipes and coffee. His highness was in his most affable humor. He hoped that Egypt would prove agreeable to me, though I might find it very different from the United States. Here in Egypt, he remarked, things go on very smoothly. I replied, in so far as things went smoothly, 1 trusted the United States would be able to imitate the government of his highness. The vice- roy laughed, and then proceeding from gay to grave, mentioned the melan- choly tidings he had heard the night before of the Sultan's death. I responded that I lamented the sad event, but was very glad, nevertheless, that the viceroy was in excellent health. His highness, whose domains are but nominally a dependency of the Sultan's, seemed to take pleasure in this compliment. To the suggestion that a voyage to the United States in one of the excellent steam yachts of his navy might be interesting to him, the viceroy answered that he could not leave his country for so long a time. This, I assured him, was the worst disability under which his highness labored. The viceroy made no explicit reference to the present domestic disturbances in the United States, but expressed his good wishes for the welfare and harmony of our government. I was next invested witli "the sabre of honor," and returned home, escorted in the state carriage as before. Immediately on mj^ reception by the vice- roy a salvo of cannon had been fired, and at the signal, the national flags of all the fifteen consulates in Alexandria were raised for the day in compli- ment to the occasion. A horse, handsomely caparisoned, awaited me as I left the palace, and was led to the consulate as the gift of the viceroy. The uniform usage in Egypt makes this present so essential a part of a first official reception by the viceroy, that the refusal of it would be deemed ungracious, and our government, in the case of all ray predecessors, has per- mitted its acceptance. As the oriental custom on such occasions made it necessary for me to disburse a considerable sum of money in gratuities to the very numerous soldiers and servants of the viceroy, his gift may be regarded as in some degree reciprocated. The pecuniary value of the horse is by no means large. On returning to the consulate I found the military band of the viceroy stationed in front, who continued their complimentary services during the whole day. The consuls general of other nations, and the viceroy's minister for foreign affairs, then called upon me, appearing in full uniform ; and in the afternoon I returned their visits, paying my respects first to the minister. By the minister and by the consuls a deep and intelligent interest was manifested in the affairs of the United States, and warm wishes were expressed for the continuance of our Union. The vigor of our government, and the vastness, suddenness, and spontaneous character of the military movement of our people in the pending struggle for national integrity, seem to have filled them with surprise. Indeed, among all well-informed men here, as well as elsewhere abroad, the historic battle fields of Europe have paled in interest before the tremendous uprising of the great nation beyond the Atlantic. Thej almost forget the political complications nearer home in studying the military map of the United States. The book-shops of the principal transatlantic cities abound in maps, charts, and other publications illustrative of the American contest, and the United States will become to masses, hitherto ignorant of its geography, a ground more familiar than ANNUAL MESSAGE OF THE PKESIDEXT. 423 were India and the Crimea when tlie progress of armies made their localities significant to the whole world. I Lave the honor to bo, .it, yottr obedient ^erva,,t^^^ ^ ^^^^^.^^^ Hon. William H. Seward, Secretary of Stale. Mr. Thayer to Mr. Seward. [Extract ] ■v-n 4 "1 United States Consulate General, ■-■' Alexandria, Egypt, July "^^,^^1. Sir- ********. Mr 'Haywood, secretary of the Manchester Cotton Supply Association, is expected here daily on a mission to Egypt and India, relative to the pros- pective deficiency of cotton produced by the pending conflict m the United States Mr Haywood, while here, will endeavor to induce the Egyptian govern- ment' to extend the cultivation of cotton. It is believed that the crop.in Eo-ypt could be increased tenfold if the government would tender its aid. Carelessness in allowing the small canals of irrigation to be obstructed is said to be a cause of the comparative meagreness of the average yield ot this important staple. „ , ■, , n e ^\ xrn^ This year, owing to the unusual height of the last overflow of the Nile, the crop promises to exceed considerably that which preceded it. in ex- pectation of a scarcity in England, some of the commercial houses ot Alex- andria are sending agents into the interior to buy up the cotton m advance of harvest. But so well understood is the condition of the cotton growing reo-ion in the United States, even by the poorest fellahs, (peasants,) that it is difficult to persuade them to sell on terms which heretofore they would have been delighted to accept. The ruling price, at the last quotations, oi Mako, which ranks next to Sea Island cotton, is 2t5 piastres ($13 75) per cantar (a quintal;) but some of the largest cotton growers insist on flT ^\), and are holding back for that unheard of figure. . The foUowino- information is derived from intelligent men whose business connexions in Egpyt give authority to their statements m reference to this important question. I also communicate some tabular statistics which are appended to this despatch. i x . .i, •A^^r. r.( The cotton crop of Egypt commences to be gathered about the middle ot September. There are two qualities, the Sea Island and the Mako_. The Sea Island cottons are divided into two kinds. The lirst is that ot which the seed is new, and which is sown for the first time m Egypt^ ihe second is that which has been sown for the second time. Ihe Sea Island, after the second planting, are changed into fine Mako. The Mako are divided into three kinds, which m commerce are called line quality, medium quality, and inferior quality. ^ • . i It is very difficult to give an exact statement of the number of quintals which Egypt annually produces. But, according to the official tables ot exports the total amount of crop is valued, on an average yearly, at trom four hundred and sixty thousand to five hundred and fifty thousand, divided as follows: 424 ANNUAL MESSAGE OF THE PEESIDENT. Quintals. Sea Island, 1st kind 2, 000 to 2,500 Sea Island, 2d kind 1, 000 to 1,500 Mako, fine 100, 000 to 140, 000 Mako, medium 300, 000 to 380, 000 Mako, inferior 41, 000 to 56, 000 460, 000 to 550, 000 The prices during the six months ending June 30, 1861, have been — Piastres per quintal. Sea Island, 1st kind 450 to 500 Sea Island, 2d kind 320 to 390 Mako, fine : 250 to 360 Mako, medium 230 to 270 Mako, inferior 180 to 230 According to the statistics of exports, (thej^) have been as follows: For England. For Austria. . For France . . For Italy For Spain . . . , For Antwerp, Total . 1859. Quintals. 325, 401 IS, 372 98, 672 200 502, 643 1860 Quintals. 311, 253 41,080 78, 302 160 620 431,415 1861, 1st six months. Quintals. 264,876 22, 020 117, 656 20 156 404, 728 The tabular results of the last six months indicate that England will absorb a far larger proportion of Egyptian cotton than heretofore. As before remarked, a favorable expectation prevails respecting the new crop, because the waters of the Nile have now almost reached the level of the same period last year. But this expectation may fail, for the goodness of the crop depends, not solely on the overflow of the Nile, but also on the winds, which are more or less auspicious at the time of the efflorescence of tlie pods. Thus far the disturbances in America, which have produced various fluctuations in the price of cotton, have not as yet caused an increase of more than two dollars (40 piastres) per quintal. An informal application has been made to me in behalf of various Greek and Italian residents of xilexandria, who desire to enlist in the military service of the United States, if means shall be furnished to transport them thither. I replied that I should, while appreciating their benevolent wishes to our country, await instructions from my government before giving them any encouragement. The 4th of July, in Alexandria, was observed in the usual manner. The flags of all the fifteen consulates were raised for the day. The minister of ANNUAL MESSAGE OF THE PEESIDENT. 425 foreig-n affairs of the Egyptian government also paid me his annual visit in honor of the occasion, during which he expressed his wishes for the perma- nence of our Union, and his opinion of the hopelessness of the cause of its domestic enemies. He appeared quite astonished at the magnitude and efficiency of our military operations. At a dinnei", given by the vice-consul in honor of the day, which was at- tended by the consul general of the kingdom of Italy and othei- distinguished residents of the city, the occasion was enthusiastically commemorated. * * -^i ^ * * * * * * Respectfully, your obedient servant, WM. S. THAYER, U. S. Consul General for Egijpt. Hon, W. H. Seward, Secretary of State, Washington, D. C. Cotton exported from Egypt during the last five years, 1856-'51-'58-'59-'60. 1856. 1857. 1858. 1859. 1860. Cantars, 539,885. Cantars, 490,968. Cantars, 519,537. Cantars, 502,645. Cantars, 501,324. Or bags of 2 cantars each, 269,943. Or bags of 2 cantars each, 245,484. Or bags of 2 cantars each, 259,768. Or bags of 2 cantars each, 251,322. Or bags of 2 cantars each, 250,662. Or pressed bales of 4 cantars each, 134,971. Or pressed bales of 4 cantars each, 122,740. Or pressed bales of 4 cantars each, 129,884. Or pressed bales of 4 cantars each, 125,661. Or pressed bales of 4 cantars each, 125,331. This year's crop is not yet Ivnown, it bring still growing, and will be gp.thered about the months of Sep- tember to December, although it is estimated to be equal to that of the preceding years. Ai^XANDRiA, Egypt, July 15, 1861. 3Ir. Seward to Mr. Thayer. No. 3.] Department of State, Washington, August 13, 1861. Sir: I have received and have read with much interest your despatch of the 29th of June, (No. 3,) announcing your arrival in Egypt, and giving an account of your reception by the viceroy. Your remarks on that occasion, as well as your conduct throughout the imposing ceremonial, are approved, and the friendly feeling towards the United States manifested by his high- ness in your interview with him, and subsequently by his minister of foreign affairs, and by the consuls general representing other nations in Egypt, is very gratifying. I am, sir, your obedient servant, WM. H. SEWARD. William S. Thayer, Esq., Consul General of the United States, Alexandria, Egypt. YEIEZUELA. 3Ir. Tarpin to Mr. Seward. [Extract.] No. 45.] Legation of the United States, Caracas, July 2t, 1861. gjjj .******** The President has promised me to issue instructions to all coraayidantes de puerto of the republic prohibiting admission of all vessels under that [the confedate] flag- into its ports, except in cases of distress. I could not obtain from him their complete denunciation as pirates. ^ >;: ^- >;: Jj; :}: ^ il; * I have the honor, kc, E. A. TURPIN, lion. Wjx. H. Sewarp, Secretary of Slate. CHILI. 31r. Bigler to Mr. Seward. [Extract ] No. 136.] Legation of the United States, Santiago de Chili, August 2, 1861. Sir: I have the honor to enclose herewith, marked A, a copy of a note by me addressed to liis excellency the secretary of foreign relations of Chili, dated July 31, 1861. I have the honor to remain, very respectfully, yonr obedient servant, JOHN BIGLER. Hon. William H. Seward, Secretary of State of the United States. Legation of the United States, Santiago de Chili, July 81, 1861. Sir: The undersigned, envoy extraordinary and minister plenipotentiary of the United States of America, has the honor to inform your excellency that, in consequence of the President of the so-called "Confederated States of America" having issued a proclamation announcing that he has been empowered and is prepared to issue letters of marque to all who are willing to enter the service of the said States as privateers, he, the undersigned, has been instructed by his government to be vigilant to the extent of his power to prevent vessels from being fitted out in the ports of Chili under the authority of the said "Confederated States." The government of the under- signed, denying the right of the States composing the so-called " Confederated States of America" to secede, as they have done, from the American Union, (ind maintaining that the people of the States which have so seceded still owe fealty to the Constitution and laws of the L^nited States, has determined to enforce obedience thereto on the part of the whole people thereof, and has solemnl}^ proclaimed and declared that any person who shall, " under the pretended authority of the Confederated States, or under any other pretence, molest a vessel of the United States, or the persons or cargo on board of her, such person will be held amenable to the laws of the United States for the prevention and punishment of piracy." Information has recently been communicated to the undersigned of such a character and from such sources as to induce the belief on his part that there are now, or have very recently been, in Chili parties endeavoring to effect a purchase of munitions of war to be used in fitting out privateers for the service of the so-called " Confederated States of America." Although the undersigned cannot vouch for the correctness of this infcrma- 430 ANNUAL MESSAGE OF THE PRESIDENT. tion, lie can assure your excellency that he regards the same of sufficient importance, in viev\^ of the before-mentioned instructions of his government, to require him to inform your excellency thereof, and to very respectfully suggest to your excellency's government to adopt such measures as it may deem advisable to secure -vigilance on the part of the proper officials to prevent the fitting out of privateers in the ports of Chili with a view of com- mitting assaults upon the lives and property of citizens of his country engaged in lawful commerce. In conclusion, the undersigned begs to add that he has directed inquiries to be made at the different ports in Chili, and that he will promptly impart to your excellency's government any important facts relating to the object of this note which may hereafter come to his knowledge. . The undersigned avails himself of this occasion to renew to your excel- lency assurances of his sincere respect and high consideration. JOHN BIGLEE. His Excel'y the Secretary of Foreign Eelations Of the Rejyublic of Chili. Mr. Bigler to Mr. Seward. [Extract.] No. 138.] Legation of the United States, Santiago cle Chili, August 11, 1861. Sir: "In my despatch, No, 136, dated August 2, 1861, I had the honor to enclose a copy of a note by me addressed to his excellency the secretary of foreign relations of Chili, inviting his attention to the instructions given me by my government, and also to rumors which had reached me concerning efforts making in the city of Valparaiso to obtain munitions of war to be used, as was feared, in fitting out privateers, under the authority of the so- called ' Confederate States of America.' "I now have the honor to enclose herewith, marked A, a copy and transla- tion of his excellency's reply to my note above alluded to, and which, as it is exceedingly cordial, and in every respect highly satisfactory, it is hoped will be read with care and pleasure by you." I have the honor to remain, very respectfully, your obedient servant, JOHN BIGLEE. Hon. William H. Seward, Secretary of State of the United States. A. Mr. Varas to Mr. Seward. [Translation.] L. s.] Santiago, August 7, 1861. Sir : I have had the honor of reading the note dated the 31st ultimo, which your excellency was pleased to address me. In it your excellency ANNUAL MESSAGE OF THE PRESIDENT. 431 informs me that you have received instructions from your government to endeavor to impede, as far as your powers will permit, that in the ports of Chili privateers be armed for the service of the States which have recently declined to recognize the authority of the government of the Union, and have constituted themselves under a de facto government, with the title of Confederated States of America — instructions given to your excellency in consequence of a recent proclamation of the President of these States, wherein he announces that he is empowered and prepared to issue letters of marque. At the same time your excellency informs me that you have recently received information inducing you to believe that there are at present, or recently have been, in Chili, persons endeavoring to purchase munitions of war, in order to employ the same in arming privateers for the service of the said Confederated States of America; and in view of this informatioir your excellency signifies to me a desire that my government adopt such measures as it may deem expedient, in order to prevent the fitting out of such privateers in the ports of the republic. I must assure your excellency, in reply, that my government, complying Avith the duties which it owes to a friendly state, is disposed to prevent preparations of warlike character, or any other operations hostile to the United States, from being eflected in any port whatever of the territory of the republic ; and that consequently the necessary orders will be given to the respective authorities to keep especial watch in this particular. How- ever, as far as regards privateering expeditions which may prepare or arm themselves on the coasts of Chili, it might happen in many cases that the zeal and vigilance of the authorities might prove inefficacious to discover them ; so that it is to be desired that whatever news your excellency might obtain on the subject, you would have the kindness to transmit the same to me, in order that I might, in view thereof, issue the most opportune instruc- tions to frustrate the carrying out of such expeditions. In the mean time will your excellency be pleased to accept the assurances of my distinguished consideration, with which I remain your excellency's most obedient servant, ANTONIO VAKAS. The ExvoY Extkaordixary and Minister Plenipotentiary Of the United States of .North America. Mr. Bigler to 3Ir. Seward. [Extract.] No. 139.] Legation of the United States, Santiago de Chili, September 2, 1861, "Herewith I have the honor to enclose, marked A, a copy of a communi- cation by me addressed to his excellency the secretary of foreign relations of this republic, under date of August 21, 1861, in acknowledgment of a note from his excellency, dated August 7, 1861, upon the subject of the suppression of rumored privateering expeditions, which lote formed enclo- sure A in my despatch No. 138." ****** I have the honor to remain, very respectfully, your obedient servant, JOHN BIGLER. 432 ANNUAL MESSAGE OF THE PRESIDENT. Mr. Bigler to Mr. Varas. Legation of the United States, *" Santiago de Chili, August 21, 1861. Sir: The undersigned, envoy extraordinary and minister plenipotentiary of the United States of America, has the honor to acknowledge the receipt of your excellency's note, dated Aug'ust 1, 1861, in reply to his note of the 81st ultimo, wherein your excellency is pleased to give assurances that the necessary orders will be transmitted to the respective authorities to prevent the making of preparations of war, or any other operations hostile to the United States, within the territory of the republic, and requesting the undersigned to transmit to your excellency any information which he maj' obtain of contemplated privateering operations, in order to facilitate the frustration of the objects of such expeditions. The undersigned, in acknowledging the receipt of these eminently satis- factory assurances, which he most cordially appreciates, as will also his government, desires to state that any information upon the subject, of a definite character, which he may receive, will be immediately communicated to your excellency's government. The undersigned avails himself of this occasion to renew to your excel- lency the earnest assurances of his distinguished consideration and respect, JOHN BIGLER. His Excellency the Secretary of Foreign Relations Of the Republic of Chili. HAWAIIAN ISLANDS. 3Ir. IXi^r to Mr. Seward. [Extract.] No. 4.] Legation of the United States at the Haavaiian Islands, Honolulu, September 5, 1861 ****** I have not been able yet to obtain from the Hawaiian government such a proclamation as I desired upon the subject of privateering-, or the permis- sion to enter the ports of this kingdom of any suspicious vessels. The King and a portion of his counsellors are sojourning on the island of Hawaii during the summer months. Copies of the President's proclama- tion in relation to blockade of southern ports, together with the despatches from the Department of State accompanying them, have been furnished to the minister of foreign relations, since which I have had several interviews with that minister relative to the policy of this government towards priva- teering, and the occupancy of their ports by privateering vessels or prizes which might be captured by them. ****** No. l.J • Legation op the United States at the Hawaiian Islands, Honolulu, July 24, 1861. Sir: I have the honor to enclose herewith copies of two despatches from the Hon. William H. Seward, Secretary of State of the United States, and of two proclamations (April 19 and April 27, 1861) issued by his excel- lency Abraham Lincoln, President of the United States, announcing the blockade of the ports of several of the southern States, and making known that all persons acting under the pretended authority of the aforesaid southern States, or tinder any pretence whatever, who shall molest vessels of the United States or their cargoes, shall be considered and dealt with as pirates. You will observe, by a perusal of the copj' of Mr. Seward's despatch to me of the 20th April, 1861, that I am instructed to be vigilant in preventing aggressions upon American commerce by vessels or persons acting under the pretended authority mentioned. To this end I would respectfully call your attention to the fact that the American clipper ship Bald Eagle, bound from San Francisco to China, with a large amount of treasure on board, having been chased, on her passage to this group, by a suspicious vessel, and to oflScially inquire of you what course his Hawaiian Alajesty's government intends to pursue with regard to vessels of this description found frequenting the King's waters, or touch- ing for supplies or repairs at any of the ports in his Majesty's dominions. I have the honor to be, with great respect, your obedient servant, THOMAS J. DRYER. His Excellency R. C. Wyllie, His Haivaiian 31ajesty's Minister of Foreign Affairs, SfC., S^., S^o. Ex. Doc. 1 28 434 ANNUAL MESSAGE OF THE PRESIDENT. No. 1.] Department of Foreign' Affairs, City of Honolulu, Juhj 27, 1861. Sir: I have the lioiior to acknowledg-e the receipt of your despatch of the 24th instant, with its four enclosures, which j^ou did me the great favor of delivering personally, along with verbal explanations, for which I beg to thank j'ou in the name of the King's government. By your despatch and its enclosures I am informed that the honorable Secretary of State, William H. Seward, apprehensive lest, " under the pre- tended authority of the so-called Confederate States of America," privateers might be fitted out in the ports of this kingdom for the purpose of aggres- sion on the commerce of the United States, instructed you, on the 20th of April last, to be vigilant in preventing any such unlawful purpose; to make known to the proper authorities of this government the proclamations issued by the President; impart to them all facts upon the subject which might come to your knowledge; and to ascertain from the King's government, officially, what course they intended to pursue with regard to vessels of that description frequenting the King's waters, or touching for supplies or re- pairs at any of the ports in his Majesty's dominions; all which instructions you carried out very fully, and with great courtesy, in your precited despatch, and in the facts, no less important to the United States than to this kingdom, which you were pleased to impart to me verbally on the occa- sion of its delivery. In reply, I have the honor to refer you to the proclamation of the late King of 16th May, 1854, asserting his neutral rights within the whole ex- tent of his jurisdiction, declaring all captures and seizures made within that jurisdiction to be unlawful, and prohibiting his subjects from engaging, ■either directly or indirectly, in privateering, under the penalty of being treated and punished as pirates; to the resolution of his late Majesty, in privy council of 15th June, 1854, prohibiting the sale of prizes within his jurisdiction, and to the resolution of his late Majesty, in privy council of the nth ,Tuly of the same year, prohibiting all privateers, and prizes made by them, from entering the ports of this kingdom, unless in such •circumstances of distress that their exclusion would involve a sacrifice of life, and then only under special permission of the King, after proof to his Majesty's satisfaction of such circumstances of distress; copies of all which you will find in your archives, for they were duly passed at the time to the Hon. David L. Gregg for his own and the information of his gov- ernment. f have the honor to enclose copy of the reply of the honorable judges of the supreme court, d^ated 3'esterday, ift reply to my letters to them of the 5th, 10th, 13th, and 24th "^instant, from which you will see that, in their opinion, the said proclamation and resolutions are in accordance with the rights of the King, and with his Majesty's duties as a neutral sovereign to the United States ; and that under the same neither can privateers be fitted -out in the ports of this kingdom, nor can its ports be used as a depot for the spoils or the prisoners made by privateers. Therefore it only remains for me to make known to the King, who is at Kailua, your despatch and its enclosures, also the opinion of his Majesty's judges of the supreme court, and to suggest to his Majesty that he be pleased to issue a proclamation revalidating the aforesaid proclamation and resolu- tions, with an order that copies of such proclamation be published in the Polynesian, and served immediately by the pilots or harbor master upon any belligerent vessel that may appear in his Majesty's waters, until the conclusion of the civil war now unhappily devastating the United States. Yon can assure the honorable Secretary of State of your government that ANNUAL MESSAGE OF THE PRESIDENT. 435 the King, knowing well his obligations and responsibilities to the United States under the law of nations and the existing treaty, will neglect no means to fulfil them to the utmost extent of his power ; but destitute as you know him to be of either army, navy, or forts, that power is only moral, and if armed vessels should enter his waters, disregarding alike his neutral rights and the law of nations, captures might be made within his jurisdic- tion contrary to his proclamation, and in spite of all the efibrts that he could make to prevent them. Therefore I repeat what I had the honor to state to you verbally, that in a port where many millions of value in American whaleships, oil and bone, and in merchant vessels, are often to be found, and which might be captured or burnt by one strong privateer, in defiance of all the King's forces, it is of urgent necessity that Honolulu should not be left without the presence of a vessel-of-war of the United States of suflicient power to deter any such pri- vateer from committing aggressions on the ships or property of the citizens of the United States within the King's jurisdiction. I was happy to under- stand from you that 3'ou had not neglected to make such a recommendation to your government. In conclusion, let me assure you that in this and every other international matter it will afford me the utmost pleasure to confer and concert with you with all that frankness and confidence that, according to Martens and other publicists, ought to exist between a foreign representative and the minister of foreign affairs of the country to which he is accredited and sent; but more especially be assured of the high respect and very distinguished con- sideration with which I have the honor to be, sir, your most obedient, hum- ble servant, R. C. WYLLIE. Hon. Thomas J. Dryer, ComW of the United States to the Haioaiian Islands. CouRT-HousE, Honolulu, July 26, 1861. Sir: I have the honor to receive your communications of the 1st, 10th, 13th, and 25th instant, and their enclosures. The justices of the supreme court have examined the proclamation issued by her Britannic Majesty the Queen, and also the proclamation issued by the President of the United States, issued in consequence of hostilities having arisen between the gov- ernment of the United States and certain States styling themselves the Confederate States of America, together with the communication of the Secretary of State, Mr. Seward, and the commissioner of the United States at this court accompanying them. Mr. Seward is apprehensive that efforts ma}^ be made to fit out privateers in our ports for the purpose of aggression on American commerce. To per- mit it would unquestionably be a breach of neutrality and in derogation of our duty; neither can our ports be used as a depot for tlie spoils or the prisoners of pi'ivateers. We have also examined the proclamation issued in 1854 by his Majesty the King, proclaiming neutrality in the war then pending between the great maritime powers of Europe, and the resolutions of the privy council which accompanied it, and we are of opinion that similar declarations at this time will be in accordance with our rights and duties as neutrals. I beg to return to you the enclosures which accompanied your communi- cations. I have the honor to be, sir, your most obedient servants, ELISHA H. ALLEN. G. M. ROBERTSON His Excellency R. C. Wyllie, Minister of Foreign Affairs. 436 ANNUAL MESSAGE OF THE PEESIDENT. 3Ir. Dryer to Mr. Seward. No. 5.] Legation of the United States at the Hawaiian Islands, Honolulu, September 7, 1861. Sir: Since my despatch of the 5th September was closed and mailed, Mr. Wyllie has sent to this legation another draft of a proclamation of the King in relation to privateering, &c., &c. This is an improvement on the former one sent to me, and which I returned. I have only time to make a copy, which please find enclosed, and which I send for the information of the government at Washington. 1 am, sir, with great respect, your obedient servant, THOMAS J. DRYER. Hon. Wm. H. Seward, Secretary of State, Washington. Froclamation of Kamehameha IV, King of the Hawaiian Islands. Be it known to all whom it may concern, that we, Kamehameha IV, King of the Hawaiian Islands, having been officially notified that hostilities are now unhappily pending between the government of the United States and certain States thereof, styling themselves " The Confederate States of America," hereby proclaim our neutrality between said contending parties. That our neutrality is to be respected to the full extent of our jurisdic- tion, and that all captures and seizures made within the same are unlawful, and in violation of our rights as a sovereign. And be it further known that we hereby strictly prohibit all our subjects, and all who reside or may be within our jurisdiction, from engaging, either directly or indirectly, in privateering against the shipping or commerce of either of the contending parties, or of rendering any aid to such enterprises whatever; and all persons so offending will be liable to the penalties imposed by the laws of nations, as well as by the laws of said States, and they will in nowise obtain any protection from us as against any penal consequences which they may incur. Be it further known that no adjudication of prizes will be entertained within our jurisdiction, nor will the sale of goods or other property belonging to prizes be allowed. Be it further known that the rights of asylum are not extended to the privateers or their prizes of either of the contending parties, excepting only in cases of distress or of compulsory delay by stress of weather or dangers of the sea, or in such cases as may be regulated by treaty stipulation. Given at our marine residence of Kailua this 26th day of August, A. D. 1861, and the seventh of our reign. KAMEHAMEHA. By the King. KAAHUMANU. By the King and Kuhina Nui. R. C. WYLLIE. JAPAN. Mr. Harris to Mr. Seward. No. 28.] Legation of the United States in Japan, Yedo, July 9, 1861. Sir: It is my unpleasant duty to inform you that a daring and murderous attuck was made on the British legation in this city on the night of the 5th instant. Mr. Alcock providentially escaped uninjured, but Mr. Oliphant, secretary of legation, and Mr. Morrison, consul for Nagasaki, were wounded. Four of the assailants were killed, and two wounded were made prisoners. Of the Japanese defenders of Mr. Alcock three wer.e killed and fifteen wounded. For full details of this bloody affair I beg to refer you to the following enclosures: No. 1, Mr. Alcock to Mr. Harris, July 6. No. 2, Mr. Harris to the ministers for foreign affairs, July 8. No. 3, Mr. Harris to Mr. Alcock, July 8. No. 4, Mr. Alcock to Mr. Harris, July 8. The Japanese were evidently taken by surprise, but they soon recovered from it and fought with great bravery, and at last beat off the assailants. This is the first instance in which a blow has been struck in defence of a foreigner in this country, and may be considered as proof of the desire of this government to give us protection. I consider the present as a crisis in the foreign affairs of Japan, for if the government is too weak to punish the instigators, and agents of this nefari- ous affair, it may be believed that it will lead to some very decided action on the part of the English government, for the outrage was too great to be overlooked. There is a party in this country who are opposed to the presence of any foreigners in Japan, and, in addition to this, there is a very strong dislike to the English in particular, which feeling seems to attach especially to Mr. Alcock. He was absent from this city for some three months, during which time the utmost quiet prevailed; yet within thirty-six hours after his return the attack in question was made on him. I am happy to say that these prejudices do not extend to our citizens in this country, and I think that I am personally popular among all classes of the Japanese. Yet it must not be concealed from you that I am, in common with my colleagues, subject to the same unpopularity that attaches to the presence of all foreigners in Japan I have requested the ministers for foreign affairs to give me an interview on the 11th instant, and I shall then endeavor to place before them, in a forcible manner, the great danger that will arise from any want of firm action on their part at this juncture. I have the honor to be, very respectfully, your obedient servant, TOWNSEND HARRIS, Minister Resident. Hon. William H. Sewabd, Secretary of Stale, Washington. 438 ANNUAL MESSAGE OF THE PRESIDENT. Mr. Alcock to Mr. Harris. Her Majesty's Legation, Yedo, July 6, 1861. Sir : Last night between eleven and twelve o'clock the British legation was suddenly attacked, and an entrance effected at several points simulta- neously by armed bands of Japanese, said to be Loonins, and by others, Prince of Mito's men. Two of the members of the establishment, Mr. Oli- phant and Mr. Morrison, were met in a passage and both wounded ; the first, I am sorry to say, very severely, when a momentary diverson was effected by a shot from Mr. Morrison's revolver, which appears to have taken effect. A few minutes later the same or another division of the assassins sought to effect an entrance .to the apartments occupied by myself, by J3reaking through and hacking in pieces some glass doors opening into another suite, having mistaken their way. To this alone, under Providence, we probably owe our lives, for several minutes were thus lost to them ; at the end of which the Yaconins or Dainios guards appeared to have come to the spot, and the assailants were finally driven out of the house, after hav- ing penetrated into nearly every room except my own, leaving traces of their presence by slashing at all the beds and furniture. Marks of blood- were found in various directions, and a prolonged conflict took place out- side, in the avenue and approaches to the legation, with the officers and men on service. Such a deed of atrocity, perpetrated in the capital of a government to which foreign representatives are accredited by the western powers, needs no comment. I only feel it a duty to communicate to my colleagues the facts for their guidance and information, and to acquaint them that, as a temporary measure, I have ordered up her Majesty's ship " Ringdove," and caused a guard of men to be landed. What measures it may be expedient to adopt for future security of this and the other legations in Yedo, and the maintenance of those international rights and immunities so grievously attacked, becomes a serious consideration, and one the pressing importance of which cannot well be overlooked. But on this part of the subject I shall be glad to enter into further communication with you and the rest of my col- leagues, should you feel disposed to favor me with your views. I have the honor to be, sir, your most obedient humble servant, RUTHERFORD ALCOCK, Her Britannic Majesty's Envoy Extraordinary and Minister Plenipotentiary in Japan. TowNSEND Harris, Esq., Reddent Minister of the United States in Japan. Mr. T. Harris to the Ministers for Foreign Affairs of Japan. No. 10.] Legation of the United States in Japan, Yedo, July 8, 1861, I am informed by Mr. Alcock, the British envoy, that an attempt was made on the night of the 5th instant to assassinate him and the persons attached to the British legation in this city. I am further informed that the house was broken into at the same moment of time in three different places ; ANNUAL MESSAGE OF THE PRESIDENT. 439 and that, during the contest, two persons in her Britannic Majesty's service were wounded. This makes the seventh attack on foreigners within the period of two 3'ears ; and in five of the attempts murder was committed. Up to this day not one person has been punished for these atrocious crimes. You have frequently assured me that you were making constant efforts to arrest these criminals, but that you were unable to discover them. In the present case evidence is in your possession to enable you to arrest the persons concerned in the last atrocious attempt at murder, for you have made a prisoner of one of the men, and you have a pocket-book found on the ground which contains a list of the names of fourteen of the party ; and these two sources of evidence will enable you to arrest and bring to condign punishment the whole of the gang. I feel it my duty to say to you that, in my opinion, your failure to arrest and punish the perpetrators of previous criminal acts has encouraged the present horrible attempt to take the life of Mr. Alcock. I have given you too many evidences of my friendship for you to doubt my good will ; and as your friend, who earnestly wishes to see Japan peace- ful, prosperous, and happy, I now say to you, that if you do not promptly arrest and punish the authors of this last deed of blood, that the most lam- entable consequences to your country will inevitably ensue ; for if you do not punish these men, it will show that you do not wish to do so. I urge you earnestly to consider this friendly and serious warning. I propose to have an interview with you in a few days, at which time I will enter more largel}' into details than I can do in a letter. Stated with respect and courtesy. TOWNSEND HARRIS, Minister Resident of the United States in Japan. Their Excellencies Kudsi Yamato Nokami and Ando Fusima Nokami, Ministers for Foreign Affairs, Sfc, SfO., SfC, Yedo. Mr Harris to Mr. Alcock. No. 71.] Legatiox of the United States ix Japan, Yedo, July 8, 1861.^ Sir : I have the honor to acknowledge the receipt of your letter of the 6th instant, giving me the particulars of an attack made the previous night, by a band of Japanese assassins, on her Britannic Majesty's legation, and inform- ing me that Mr. Oliphant, secretary of her Britannic Majesty's legation, and Mr. Morrison, consul for Nagasaki, were wounded in the melee which ensued, and adding the gratifying intelligence that you had, providentially, escaped any bodily injury. I cannot conceal from you the horror and indignation which the atrocious attempt on your life excites in my mind, exceeding, as it does, in the bold- ness of its design and in the extent of its intended slaughter, all previous essays of the kind. In the nineteen months that followed the residence of the foreign represen- tatives in this city, six distinct outrages were perpetrated on the persons of foreigners. Yet, up to this day, not one of the persons engaged in those crim- inal acts has been made to answer for his crime. The Japanese ministers have reiterated the assurance of their anxious desire to arrest and punish the 440 ANNUAL MESSAGE OF THE PRESIDENT. offenders in question, but have declared their inability to identify them. In the present case no such plea can be set up, for two of your assailants are prisoners, and a pocket-book found on the ground near your legation contains a list of fourteen of the gang. With tliese two sources of information in their possession, there cannot be any difficulty in ascertaining the names of the whole band, and their consequent arrest and punishment. Should this government fail in its duty in the present case, it will be almost conclusive that it is either unable or unwilling to give us that pro- tection which the punishment of crime would secure by the repression of criminal designs, and it will then become a matter of serious consideration what line of conduct should be adopted to secure to us those rights which we have guaranteed to us by our solemn treaty stipulations. I have addressed a letter to the Japanese ministers for foreign affairs in the sense of the foregoing, and I have pointedly shown them that any failure on their part at the present crisis will greatly endanger the peace of their country. I propose to have an interview with the ministers in this behalf, when I intend to urge upon them the necessity that exists for their action in this matter. In this connexion I beg to say that if you intend to have an interview with the ministers shortly, I will defer mine until after yours has taken place. I renew to you my cordial congratulations on your truly providential escape from a daring and almost successful attempt on your life. I have the honor to be, sir, your most obedient humble servant, TOWNSEND HARRIS, Minister resident of the United States in Japan. Rutherford Alcock, Esq., C. B., Her Britannic Majesty's Envoy Exfy and Minister Plenty in Yedo. Mr. Alcock to Mr. Harris. No. 3*7.] Her Majesty's Legation, Yedo, July 8, 1861. Sir : I have to thank you for the congratulations of escape from the assas- sins, conveyed in your letter of this date, and the expression of your views upon the present conjuncture, in which I am glad to say there is a general accordance with my own. If there be any divergence, it is in the absence of all hope on my part that the Japanese government will behave otherwise on this than on every for- mer occasion of tlie like nature. They have shown great supineness and indifference hitherto, and appear wholly unconscious of the gravity of the circumstances and the atrocious nature of the outrage offered to the flag. I had proposed seeing the ministers to-morrow, but since the event of the 5th I have thought it better to wait an answer to a letter which I addressed them, urging them to give such full satisfaction as should relieve them of all charge of complicity or indifference. I expect Admiral Hope here also in a few days, which may further induce me to postpone an interview. If you wish to see the ministers, therefore, I beg I may not be a cause of delay. I have the honor to be, sir, your most obedient humble servant, RUTHERFORD ALCOCK, Her Britannic Majesty'' s Envoy Exfy and Minister Plenfy in Japan. TowNSEND Harris, Esq., S^c, S^c, SfC., United States Legation, Yedo. ANNUAL MESSAGE OF THE PEESIDENT. 441 Mr. Seward to IVEr. Harris. No. 23.] Department of State, Washington, October 21, 1861. Sir: Your despatch of the 9th of July (No. 28) has been received. The assaults committed upon the minister of Great Britain and the other members of that legation, in violation of express treaty, of the laws of na- tions, and of the principles of common humanity, have excited a deep con- cern on the part of the President. Your prompt, earnest, and decided proceedings in aid of the just desire of her Britannic Majesty's minister to obtain adequate satisfaction for that out- rage meet his emphatic approval. I have lost no time in assuring the British government directly of the willingness of the United States to co-operate with it in any judicious measure it may suggest to insure safety hereafter to diplomatic and consular xepresentatives of the western powers in Japan, with due respect to the sovereignties in whose behalf their exposure to such grave perils is incurred. I am, sir, your obedient servant, WILLIAM H. SEWARD. TowNSEND Harris, Esq., SfC., S^c, SfC., Yedo. Ex Doc. 1 29 1 (U'V LIBRARY OF CONGRESS \S3