Mr. Seward to Mr. Dayton.
Sir: I was absent from this city from the 1st until the 9th day of November, in attendance on a member of my family dangerously ill at Auburn. Owing to this cause my notices of those of your communications which were received during that interval will be found dilatory, and perhaps, for the moment, imperfect.
Your despatch No. 365 has been received. It relates to the United States ship-of-war Kearsarge and the piratical vessel Florida. I cannot say that this government is satisfied with the decision of the French government to treat the Florida as a ship-of-war, or with any of the proceedings which the Emperor has based upon that decision. The President is in no case likely to concede that the government of the Emperor was justified in regarding as a lawful belligerent a vessel that was built, armed, manned, equipped, and despatched from a foreign port to make war against the United States, and has pursued a piratical career in violation of the law of nations ever since she left that port. Nevertheless, your proceeding in advising the commander of the Kearsarge to avoid a conflict with the French authorities is approved, because the United States will respect the authority of France, in her own dominions, so long as France does not assail the United States.
I am, sir, your obedient servant,
Wm. L. Dayton, Esq., &c., &c., &c.