Mr. Seward to Lord Lyons.
My Lord: I have submitted to the President the copy of an instruction from Earl Russell which you left with me, and which bears the date of January 23d.
In this paper Earl Russell sets forth certain points upon which the British government differs from some of the conclusions which I presented to you in my note upon the Trent affair, of the 26th of December last.
It is perceived that these differences do not disturb the conclusion contained in that paper upon which the case of the Trent was disposed of by this government.
The differences stated by Earl Russell involve questions of neutral rights in maritime warfare which, though of confessed importance, are not practically presented in any case of conflict now existing between the United States and Great Britain. It is very desirable, however, that these questions should be settled, if possible, by an early understanding between the two governments. Nevertheless, Earl Russell, I think, will agree with me that they relate only to a part of the international law of maritime war, while there are other and kindred questions equally important and equally likely to arise in the disturbed condition of affairs which exists on this continent, and in any conflict which may happen in Europe. All such questions, moreover, affect not only these two nations, but all the other maritime powers. Earl Russell need not be reminded that the necessity which has existed for meliorations of the law of maritime war in regard to neutrals has been a subject of debates and even of conventions of such powers. The friendly relations which this government holds to such powers require that all that it does in this connexion should be done with their full knowledge and with an expressed desire for their co-operation. This government has taken an active part in seeking to promote such meliorations through such conventions. Its views on this subject have undergone no change. It will cheerfully second any negotiations to that end which Great Britain, or any other maritime power, will inaugurate. If it shall seem preferable, it will itself initiate such proceedings. Our ministers accredited to such powers will, at an early day, receive full instructions to this effect. In the meantime your lordship may assure Earl Russell that, while the United States will justly claim as their own the belligerent rights which the customary practice allows to nations engaged in war, according to our present convictions, there is no melioration of the maritime law, or of the actual practice of maritime war, that the leading maritime states, including Great Britain, shall think desirable, which will not be cheerfully assented to by the United States, even to the most liberal asylum for persons and the extreme point of exemption of private property from confiscation in maritime war.
I avail myself of this opportunity to renew to your lordship the assurance of my high consideration.
Right Hon. Lord Lyons, &c., &c., &c.