Mr. Thouvenel to Mr. Mercier.
Sir: I am in receipt of the despatch you have done me the honor to write to me, (No. 79.)
You know, without doubt, already the opinion of the English government on the system which the cabinet of Washington seems to have adopted for closing the ports of the south, and of which it has made the first application to that of Charleston. You know, consequently, how much the British cabinet shows itself averse to this manner of making war. Its feeling is very lively in this respect; and, according to what Lord Cowley has told me, I have room to think that new instructions will be sent to Lord Lyons that he must insist on his precedent observations on this subject. I cannot therefore dispense with informing you how we judge, on our part, the measure to which the federal government has decided to have recourse. Until now what we know of the [Page 410] proceedings put in usage at Charleston does not sufficiently advise us about the obstructions which they may definitively oppose to the frequenting of that port by foreign navigation, so as to be able to determine upon the act by itself; but there is not the least doubt in our mind about the objections which, on principle, are called out by the expedient put in practice by the cabinet of Washington, in view of meeting, as it seems, the difficulties it would experience in maintaining an effective blockade of the ports of the south. Without dwelling on the thought that it would be inadmissible for any party thus to evade an obligation at this day by general consent imposed on every belligerent, it is impossible not to comprehend that measures such as that treated of are little in harmony with the evident tendency of all governments, and of the United States themselves, up to this time, to seek the means of restraining more and more the injuries and the ills which war brings with it. It would be vain to attempt to dissemble that the closing by such unwonted means of ports actually in a state of blockade would effect in a manner irremediable the general interests of trade; that it would not be on the enemy only that an injury would be inflicted, authorized in regard to him by the laws of war, but on all neutrals, who would be affected at the same moment.
It would be, in fact, to interdict to them, not merely momentarily and during the pending of hostilities, but in a permanent manner, and after the re-establishment even of peace, access to a coast where they ought to expect to find (the war once ended) both the privilege again to hoist their commercial flag, and also ports of refuge, whose preservation interests in the highest degree the general security of navigation.
Let the question be examined, either in accordance with the principles which govern blockades, or with a view to the consequences which the employment of the coercive measures, such as those essayed for the first time at Charleston, would entail upon the future, the impression is the same: we are unavoidably led to regard these measures as an abusive extension of rights which international regulations recognize as belonging to a belligerent. I do not fear to say that this opinion will certainly be that of all governments which have it at heart not to see war resume the destructive character which it has had at other epochs, but which is so contrary to the progress of modern civilization. I will add that, besides the mischievous effect produced on public opinion by the measures on which I have thought it necessary to address you, they could not, if repeated, but prejudice very seriously the cause even of the Union.
It is not my intention to prescribe to you any steps analogous to those which Lord Lyons has already taken, or will repeat. I desire only that you should have a frank explanation with Mr. Seward, when the occasion may offer, of what we think about the much to be regretted expedient suggested to the cabinet at Washington by circumstances, but whose ill consequences cannot now escape his penetration.
Receive, sir, the assurance of my high consideration.
Mons. Mercier, Minister of France at Washington.