Mr. Adams to Mr. Seward .

No. 17.]

Sir: Your despatch, No. 32, dated the 1st of July, relating to the communications 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 instructions to Lord Lyons to propose a negotiation on the subject of the declaration of Paris, and that I had thereupon expressed the opinion that it would be well to leave it in your hands, in which opinion he fully concurred.

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On my side, I 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 I had instructions to propose a negotiation upon the disputed point of the Paris declarations, and the necessary powers to perfect an agreement, 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 I was ready to negotiate if her Majesty’s government were so disposed. To that end I had brought ray powers, and also the project of a convention, copies of both of which papers I offered to leave with him. He 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 disposed to accede to it. He was sure that I had never mentioned it. To this I 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 disposed to enter into any negotiation at all. It was because of my understanding 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 than 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 the 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 peculiar structure of our government required some distinct form of agreement or convention to be made with foreign States upon which the Senate could exercise their legitimate authority of confirmation or rejection. He [Page 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 government 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 President 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 arrangement with the French government; if so, I shall try to go on without waiting for further instructions; if not, I shall hold myself ready to act here so soon as this difficulty shall have been removed elsewhere.

I have the honor to be, sir, your obedient servant,

CHARLES FRANCIS ADAMS.

Hon. Wm. H. Seward,
Secretary of State, Washington, D. C.

Mr. Adams to Lord John Russell .

My Lord: From the tenor of the last despatches received from the Department of State at Washington, I am led to suppose that there has been some misunderstanding in regard to the intentions of her Majesty’s government 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 18th of May last, in answer to an offer then made by myself, under instructions from my government, I certainly understood your lordship to say that the subject had already been committed to the care of Lord Lyons, at Washington, with authority 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 you preferred not to enter into the question on this side of the water. I am now informed that Lord Lyons thinks his instructions 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 proposition 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,
&c., &c., &c.

Lord John Russell to Mr. Adams.

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 [Page 116] May, I informed you that instructions had been sent to Lord Lyons to propose to the government of the United States to adopt the second, third, and fourth articles of the declaration of Paris, dropping the first altogether.

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 government, 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,

J. RUSSELL.

Charles Francis Adams, Esq., &c., &c., &c.

Lord John Russell to Mr. Adams.

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 government 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 day.

I have the honor to be, with the highest consideration, sir, your most obedient, humble servant,

J. RUSSELL.

Charles Francis Adams, Esq., &c., &c., &c.