Mr. Bigelow to Mr. Seward
No. 91]
Legation of the United States,
Paris,
May 11, 1865.
Sir: The news of Johnston’s capitulation
reached us yesterday. I felt that the propitious moment for which I had
been waiting had arrived. I immediately prepared the communication of
which enclosure No. 1 is a copy, and this afternoon placed it myself in
the hands of the minister of foreign affairs. In delivering it to him, I
said that I had resumed in that communication the substance of my part
in several conversations with his excellency about our affairs, which
recent news rendered it proper that I should submit to him in a more
formal manner.
His excellency read the paper carefully through, and then proceeded to
say that there were two distinct subjects presented in my
communication—one relating to the past, and the second to the present
and the future. As to the past, he said he did not see how France could
have acted towards the United States otherwise than as she did on the
breaking out of our rebellion; that it was impossible to treat as a mere
local disorder the contest now drawing to a close in America, in which
half the territory of the Union was in a state of rebellion— a contest
which had lasted four years, which had arrayed large armies against each
other, and which had presented every known condition of serious war. But
while he was not prepared to condemn the past course of his government,
he said he was prepared to admit that a very different question was
presented from that which they had hitherto had occasion to consider;
that the war seemed to be practically at an end; that there was no
longer any considerable force in the field against the federal
government, nor any apparent organization, such as are the usual
conditions of war. Under these circumstances, he said he would deem it
his duty to bring the subject of my communication to the attention of
the Empress Regent and of the council without delay, and, after taking
their directions, he would communicate with me more formally on the
subject. He went on to say that he should lose no time in getting the
future policy of the government on this question defined, adding with a
smile, “I think the result will be satisfactory to you.”
I then presented the military situation of the confederates a little in
detail to show that Davis has no longer any army under his orders, and
explained that the belligerent rights accorded to the confederates could
no longer serve any purpose except to give a sort of license for the
depredations of two or three of their vessels, which were now, if never
before, pirates by definition.
His excellency gave me new assurances of his disposition to have a prompt
decision upon the subject, and of his confidence that that decision
would be satisfactory to me.
I think I am justified by the language and manner of Mr. Drouyn de Lhuys
in expressing to you the belief that a withdrawal of all countenance of
the confederates by France may be expected at an early day.
I am, sir, with great respect, your very obedient servant.
Hon. William H. Seward,
Secretary of State,
&c.,&c.,&c.
[Enclosure No. 1.]
Mr. Bigelow to Mr. Drouyn de Lhuys.
Legation oF the United
States,
Paris,
May 10, 1865.
Sir: Your excellency need not be reminded
that during the progress of the civil strife which has afflicted my
country for some four years past, the declaration of the imperial
government
[Page 290]
of September,
1861, which conceded belligerent rights to the insurgents, has
proved a source of serious political inconvenience and of no little
popular irritation. Without discussing the original necessity or
propriety of that step, in regard to which, as your excellency is
aware, my government has never entertained but one opinion, I esteem
it my duty to submit to your excellency whether that declaration has
not ceased to serve any of the useful ends for which it may have
been designed; whether the time has not come when it is unfriendly,
on the part of France, to deny to the navy of the United States that
hospitality which the French navy has always received in the ports
of the United States, and whether the insurgents have not forfeited
whatever right they ever pretended to have to the privileges of
belligerents accorded them by the imperial government.
Your excellency must be already aware that the insurrectionary
district of the United States has not a single port left open to the
sea; it has no fixed seat for its pretended government; no coherent
civil administration; no army that is not rapidly dissolving into
fragments in consequence of repeated defeats. The only ships that
assume to carry its flag were built in foreign lands; and from the
day their keels were laid have never ventured to approach within
hundreds of miles of the scene of the insurrection, while they have
derived all their ability to rob and plunder our innocent commerce
from the concession to them of belligerent privileges by powers
which have repeatedly assured my government of their disposition to
be neutral in the strife.
To show your excellency how difficult it must be to maintain friendly
relations, however desirable, with powers which countenance this
state of things, I invite your excellency’s attention to a single
aspect of this grievance which is officially authenticated.
Of the American merchant ships built and owned in the United States
in 1858, 33, representing 12,684 tons capacity, were transferred to
a British registry. The number of the same class similarly
transferred in 1859 was 49, and, their tonnage 21,308. The number in
1860 was 41, and their tonnage 13,683. In 1861 the number rose to
126, and the tonnage to 71,673. In 1862 the number reached 135, and
their tonnage to 64,578. In 1863 the number was no less than 348,
and their tonnage 252,379. In 1864 the number fell to 106, and the
tonnage to 92,052.
It thus appears that from the beginning of our civil war until the
first of January last the number of our merchant ships which assumed
a British registry was 715, or thereabouts. I do not know what
number of our merchant ships sought safety by acquiring other
registry than that of Great Britain, and I have no occasion to
indulge in conjectures upon the subject. The statement I have made
is sufficient to illustrate the great disturbance and derangement of
our commerce resulting necessarily and legitimately, not from our
domestic strife, but from the intervention in it of piratical
cruisers built in British ports and issuing from them to devastate
our trade on the high seas, in violation of municipal laws,
treaties, and the law of nations.
The government of France has concurred with that of Great Britain in
attributing a belligerent character to these piratical vessels,
whence they have derived, in a great degree, their capacity for
mischief, and in so doing she has given countenance to a mode of
warfare unexampled in modern times for its wanton destructiveness,
and appalling, when contemplated as a precedent consecrated by such
authorities for the future.
I beg now to ask your excellency whether France wishes to persist in
recognizing the scattered fragments of the insurrectionary
organization, now fleeing before our armies, as belligerents, or the
two or three ships now preying upon our commerce, constructed and
equipped in neutral territory, sailing under no national flag, and
therefore pirates by the law of. nations, as entitled to the same
rights and hospitalities in the ports of this empire as vessels of
war bearing the flag of the United States?
I would ask your excellency whether any possible advantage can result
from this toleration of our enemies that will compensate for the
irritation which must inevitably result from the continuance of a
policy so prejudicial to our national interests, so irritating to
our national pride, and so unfavorable to the culture of those
friendly relations which my country-people have been educated to
value very highly. If not, permit me to assure your excellency of my
conviction that a more auspicious moment is not likely to occur than
the present for France to withdraw every recognition, however
qualified or conditional, which she may have made to any government
or authority on the territory of the United States, save that which
I have the honor to represent near his imperial Majesty. Permit me,
also, to express the hope that your excellency will lend your
powerful support to such a policy, involving, as it does, results
about which neither of our countries can afford to be
indifferent.
I have the honor to renew to your excellency assurances of the very
high consideration with which I am your very obedient and very
humble servant,
His Excellency Mr. Drouyn de Lhuys,
Minister of Foreign Affairs,
&c.,&c.,&c.
