Mr. Seward to Mr. Adams.
Sir: Your despatch of the 26th of June (No. 438) has been received, together with three paper books containing a report of the trial of the Alexandra.
[Page 355]In giving you the President’s views in regard to that case and the questions depending upon it, I labor under some embarrassments, resulting from an ignorance of what may have occurred in Europe since the date of your despatch. It is known here that at that time a movement in the House of Commons demanding a recognition of the insurgents by her Majesty’s government was set down for the 30th of June, and that you were not altogether without apprehension that the movement, aided by a moral effect of the verdict in the case of the Alexandra, and backed by a supposed patronage in France, might prevail. Secondly, we have not altogether been able to disregard the rumors of a design of the Emperor of France to recognize the insurgents, with or without the concurrence of the government of Great Britain. Thirdly, that movement was to be based upon the ground of the demonstrated failure of the armies of the Union; but while it was going on, those armies have achieved victories which here are regarded as warranting an expectation of a complete and rapid extinguishment of the insurrection. These brilliant and important victories, however, are as yet unknown in Europe.
Under these circumstances, I shall assume that no act has been done by the government of France or by the government of Great Britain, especially by the latter, to change the relations that have heretofore existed between those countries, respectively, and the United States, and I shall confine myself to the duty of explaining frankly the opinions of the President and the policy which he will pursue in regard to maritime questions in view of the result in the case of the Alexandra.
First. You are authorized and expected to assure Earl Russell that this government is entirely satisfied that her Majesty’s government have conducted the proceedings in that case with perfect good faith and honor, and that they are well disposed to prevent the fitting out of armed vessels in British ports to depredate upon American commerce and to make war against the United States.
Secondly. This government is satisfied that the law officers of the crown have performed their duties in regard to the case of the Alexandra with a sincere conviction of the adequacy of the law of Great Britain and a sincere desire to give it effect.
Thirdly. The government of the United States does not descend to inquire whether the jury in the case were or were not impartial. It willingly believes they were so, and it accepts the statement made with so much unanimity by all the reporters of the case, that the judge who presided at the trial made the bench responsible for the verdict by the boldness and directness of his rulings against the prosecution.
Fourthly. Great Britain being a free and constitutional country, and the proceedings in the case of the Alexandra having been thus far conducted by the government in good faith and according to law, the United States would not be justified in deeming the verdict rendered by the jury a cause of national complaint, provided that the government prosecutes an appeal to the higher courts until it be determined in the court of last resort whether the law is adequate to the maintenance of the neutrality which her Majesty has proclaimed, and provided also that in the mean time the Alexandra and other vessels which may be found violating or preparing to violate the law be prevented, so far as the law may allow, from leaving British ports to prosecute their work of devastation.
The President is not prepared to believe that the judiciary of Great Britain will, with well-considered judgment, render nugatory and void a statute of the realm which, with its counterpart in our own legislation, has hitherto been regarded by both nations as a guarantee of that mutual forbearance which is so essential to the preservation of peace and friendship. Nor shall I incur the hazard of producing irritation on either side of the ocean by criticising the reasoning by which the learned judge who tried the case of the Alexandra [Page 356] justified his conclusions thereon, or by which that portion of the British press which approves the verdict labors to defend it.
It would be very gratifying to me if I were allowed to rest here. But the position in which the case of the Alexandra is left by the recent trial renders it necessary to contemplate a possible affirmation of the rulings of the chief baron in the court of dernier resort. You are entitled to know, and it seems proper that you should be able to communicate to her Majesty’s government, the views which the President has taken of the rights and duties of this government in that unlooked-for and deeply to be deprecated event. I trust that I shall be able to express those convictions calmly and dispassionately without wounding the just self-respect of her Majesty’s government. If the rulings of the chief baron of the exchequer in the case of the Alexandra shall be affirmed so as to regulate the action of her Majesty’s government, the President will, as he thinks, be left to understand that there is no law in Great Britain which will be effective to preserve mutual relations of forbearance between the subjects of her Majesty and the government and people of the United States in the only point where they are exposed to infraction. The fitting out of the Alabama and the Florida, as well as of the Alexandra, will thus receive the sanction of the government, and the United States will be without any guarantee whatever against the indiscriminate and unlimited employment of capital, industry, and skill, by British subjects, in building, arming, equipping, and sending forth ships-of-war from British ports to make war against the United States.
I may safely protest, in behalf of the United States, against the assumption of that position by the British nation, because this government, with a statute exactly similar to that of Great Britain, does constantly hold itself able and bound to prevent such injuries to Great Britain. The President thinks it not improper to suggest for the consideration of her Majesty’s government the question whether, on appeal to be made by them, Parliament might not think it just and expedient to amend the existing statute in such a way as to effect what the two governments actually believe it ought now to accomplish. In case of such an appeal the President would not hesitate to apply to Congress for an equivalent amendment of the laws of the United States if her Majesty’s government should desire such a proceeding, although here such an amendment is not deemed necessary.
If the law of Great Britain must be left without amendment, and be construed by the government in conformity with the rulings of the chief baron of the exchequer, then there will be left for the United States no alternative but to protect themselves and their commerce against armed cruisers proceeding from British ports, as against the naval forces of a public enemy; and also to claim and insist upon indemnities for the injuries which all such expeditions have hitherto committed or shall hereafter commit against this government and the citizens of the United States. To this end this government is now preparing a naval force with the utmost vigor; and if the national navy, which it is rapidly creating, shall not be sufficient for the emergency, then the United States must bring into employment such private armed naval forces as the mercantile marine shall afford. British ports, domestic as well as colonial, are now open, under certain restrictions, to the visits of piratical vessels, and not only furnish them coals, provisions, and repairs, but even receive their prisoners when the enemies of the United States come in to obtain such relief from voyages in which they have either burned ships they have captured, or have even manned and armed them as pirates and sent them abroad as auxiliaries in the work of destruction. Can it be an occasion for either surprise or complaint that if this condition of things is to remain and receive the deliberate sanction of the British government, the navy of the United States will receive instructions to pursue these enemies into the ports which thus, in violation of the law [Page 357] of nations and the obligations of neutrality, become harbors for the pirates? The President very distinctly perceives the risks and hazards which a naval conflict thus maintained will bring to the commerce and even to the peace of the two countries. But he is obliged to consider that in the case supposed the destruction of our commerce will probably amount to a naval war waged by a portion at least of the British nation against the government and people of the United States—a war tolerated although not declared or avowed by the British government. If, through the necessary employment of all our means of national defence, such a partial war shall become a general one between the two nations, the President thinks that the responsibility for that painful result will not fall upon the United States.
In stating thus frankly the views of this government, it is proper for me to add that it is not the President’s purpose to resort to the extraordinary measures of defence to which I have referred, unless they shall be rendered necessary by a final decision of the British government that it cannot and will not interfere to restrain the hostilities which are now apprehended; nor will I allow myself to suppose that her Majesty’s government will for a moment conceive that anything I have written upon this point is written in a spirit of mere demonstration; on the contrary, while the pacific and friendly disposition of her Britannic Majesty’s government is fully appreciated and relied upon, it is well understood that that government is the last one in the world to yield to vehemence what cannot be conceded in equity and justice. So, on the other hand, it ought to be understood that the United States, if they could ever be presumptuous, are sufficiently chastened already by the scourge of civil war to seek peace and friendship with Great Britain and all other nations through any concession that is compatible with the permanent interests of national life and honor.
For your own information, and to enable you to maintain the national rights and interests with your accustomed firmness, I have the pleasure of stating that our naval force is steadily and rapidly increasing. The navy has already in actual service forty-four thousand men. New, better, and more effective steamships, iron-clads, as well as others, are coming from the docks; and we do not distrust our ability to defend ourselves in our harbors and on the high seas, even if we must unhappily be precipitated, through injustice in Europe, into a foreign war. The fall of Vicksburg releases a large naval force for effective service, while the free navigation of the Mississippi, now immediately expected, will restore to us our accustomed facilities for foreign conflict. The same great event relieves the army of General Grant, which numbers one hundred thousand men, from the labors and fatigues of a siege, and gives us movable columns for uncompleted purposes of the war. The capture of Vicksburg, the occupation of Tullahoma, and the defeat of the insurgents in Pennsylvania, are the achievements of the campaign which was proposed in the last autumn. The army which has performed them is still strong and effective. It will now be re-enforced, easily and cheerfully, by the people with an addition of three hundred thousand men. On the other hand, the insurgents have, within the last month, sustained an aggregate loss of fifty thousand men, which, I think, it will be very difficult, if not impossible, to replace, and, without their being replaced, their military strength can hardly be deemed permanently formidable.
I am, sir, your obedient servant,
Charles Francis Adams, Esq., &c., &c., &c.