Papers Relating to Foreign Affairs, Accompanying the Annual Message of the President to the Second Session Thirty-eighth Congress, Part III
Mr. Dayton to Mr. Seward
Sir: M. Dronyn de l’Huys recently made complaint to me of the conduct of Commodore Craven, of the United States ship Niagara, that when off the port of Cherbourg he failed in discharge of certain courtesies or international civilities due to the French flag, a copy of which letter of complaint is hereunto attached. I immediately addressed a note to the commodore then at Flushing to learn his view of the question, and the reasons he would assign for this conduct, to which I received a prompt answer. A copy of this answer has been by me attached to a note from myself, forwarded to M. Dronyn de l’Huys. A copy of this correspondence is hereunto attached.
I am, sir, your obedient servant,
Hon. William H. Seward, Secretary of State, &c., &c., &c.
M. Drouyn de l’Huys to Mr. Dayton
Memorandum.
The minister of foreign affairs of the Emperor has the honor to bring the following facts to the knowledge of M. the minister of the United States. The 6th of this month the federal frigate Niagara arrived in view of Cherbourg. A pilot-boat, as is usual, went alongside to offer her its services for entering into the harbor. Although the commander of the Niagara had not, as it seems, the intention to anchor at Cherbourg, the pilot was retained on the frigate, and a short time afterwards was sent to take an officer on board the federal corvette Sacramento, which had been in free pratique for several days, and was consequently in constant communication with the shore. This officer was afterwards taken back by the same pilot to the frigate Niagara with the captain of the Sacramento, and the American vice-consul, M. Liais. The two latter, after [Page 138] having remained some time upon the frigate, re-embarked in the pilot-boat to return into the harbor. At the moment when they left the Niagara, which was then near the pass between Fort Chaougnae and that on the end of the breakwater, that is to say, in French waters, the American vice-consul was saluted with seven guns, without any salute being paid either before or afterwards to the French flag.
M. the minister of the United States will recognize how much there is incorrect and much to be regretted in this manner of proceeding.
In communicating with the harbor without making the entry, that is to say, without having his bill of health examined, and without any authorization, the commander of the Niagara, in the first place, violated the sanitary regulations. After this first fault, aggravated still more by this circumstance, of sending an officer on board of the Sacramento, which had obtained free pratique, and was thus in constant relation with the shore, the commander of the Niagara has been wanting in the simplest proprieties in firing cannon within range of the French forts without having previously saluted the French flag. Things passed in such a manner that the guardship, charged to see to the observance of the sanitary regulations at Cherbourg, was able only at the last moment to remark their breach, and was obliged to confine itself to sending out to the boat which was bringing back the American vice-consul and the captain to the Sacramento a boat commanded by an officer, to bring to their notice the serious irregularity of which they had just been guilty.
The repetition of similar incidents, which constitute at once an offence against international usages, and a forgetfulness of the regards due to the French flag and to the French authorities, would risk compromising the good relations which these latter are desirous of entertaining with the American officers; and the government of the Emperor, if it was not assured (assuré) that they would not be renewed, might be led to interdict entrance into its ports to vessels which would act as the Niagara has done. The minister of foreign affairs; of his Majesty hopes, consequently, that M. the minister of the United States will be pleased to address to the American vice-consul at Cherbourg the blame which he has incurred, and to the commander of the federal navy the observations which the irregularities admit of—only the more difficult to pass over in silence since they have already occurred several times, although we have abstained from noticing them on every occasion.
Mr. Dayton to Captain Craven
Sir: I have received a memorandum or “note verbale,” as he calls it, from M. Drouyn de l’Huys, the French minister of foreign affairs, calling my attention to the fact, that on the 6th of this month the Niagara appeared off the port of Cherbourg, and although you did not enter that port or intend to do so, you took a pilot and afterwards sent him with an officer to the Sacramento, which was regularly in harbor. That this pilot-boat shortly returned on board the Niagara, bringing the captain of the Sacramento and Mr. Liais, our vice-consul, who, after remaining on board some time, left. Upon leaving they were saluted by the Niagara with seven cannon, without any salute having been fired to the French flag. He says this was done while in French waters between Fort Chaougnac and the fort at the end of the breakwater. M. Drouyn de l’Huys informs me that a recurrence of these incidents will risk compromising the good relations they are anxious to entertain with the federal officers, and the government of the Emperor, if it was not sure (assuré) they would not occur again, [Page 139] might be led to forbid entrance into their harbors to vessels which would act as the Niagara has done,
He complains that such irregularities have occurred before, &c., &c.
I give you thus the body of his complaint. I am satisfied that you have not wilfully been wanting in any courtesy due from you as a naval officer, or been guilty of any international disrespect towards the French flag. But it is important that our relations with France be kept on the best footing possible, and I should wish to know what view you take of this complaint, and what answer you make to it, before I myself see or write to the minister of foreign affairs on the subject.
With much respect, yours truly,
Captain Craven, U. S. Steamship Niagara.
Commodore Craven to Mr. Dayton
Sir: I have the honor to acknowledge the receipt of your letter of yesterday’s date, and in answer to the complaint of Monsieur Drouyn de l’Huys have to state that the Niagara did appear off the port of Cherbourg on the 6th of this month, where, discovering the United States ship Sacramento at anchor inside the breakwater, I naturally desired to communicate with her, and was about lowering one of our boats to send into the harbor, when a French pilot came alongside and volunteered to take the officer detailed for that purpose in his boat; as it appeared that much time would be saved, the offer was thankfully accepted. Lieut. Phœnix, the officer detailed for this duty, after remaining on board the Sacramento a few minutes, returned in a small boat, bringing with him the commander of the Sacramento, Captain Walke, the American vice-consul, and the French pilot. When the boat left his ship, conveying Captain Walke, the vice-consul, and the pilot, a salute of seven guns was fired to the consul. At the moment it did not seem to me that there was the least impropriety in this proceeding; and, as I am sure that there was no wish or thought to do aught which might be construed as a slight or breach of etiquette towards a nation so universally esteemed and respected by our own countrymen, I regret, most sincerely, that any inadvertent act of mine should be entertained as an offence. Since reading your letter and considering the matter fairly, I must confess that a breach of etiquette was, under the circumstances, committed—a salute should have been first fired to the French flag; but being outside of the harbor, the omission did not for a moment present itself to me. I have, therefore, to beg that you will present Monsieur Drouyn de l’Huys, in the strongest language possible, my profound regrets for this neglect to salute his flag, an act which I trust he will have the magnanimity to perceive was one of inadvertency alone.
In a few days I may again pass in the vicinity of Cherbourg, and shall, with great pleasure, if near enough, salute their flag.
In conclusion, I beg leave to add that Captain Walke, in speaking of his visit to Cherbourg, alluded with great feeling to the very civil and friendly manner in which he was welcomed and received by the people and officers of his Majesty the Emperor’s government.
Very respectfully, your obedient servant,
His Excellency William L. Dayton, Envoy Extraordinary, &c., &c., Paris.
Mr. Dayton to M. Drouyn de l’Huys
Monsieur le Ministre: Immediately upon the receipt of your late communication marked “note verbale,” complaining of the captain of the United States ship Niagara as guilty of a breach of international courtesy in firing a salute to the American consular agent while in the French waters of Cherbourg, without, either before or afterwards, saluting the French flag, I addressed to him a note of inquiry, asking to be informed how such an act of apparent disrespect to the French flag could have occurred. I have received his written reply, and I do not suppose that I can dispose of the matter in a more satisfactory manner than by sending you a copy of this reply and apology, which I herewith do, adding thereto my own regrets that anything should have occurred which could be construed into the slightest disrespect on the part of one of our national ships towards that flag which the United States, in common with the rest of the world, hold in the highest honor.
Accept, sir, the assurances of highest consideration with which I have the honor to be your excellency’s very obedient servant,
His Excellency M. Drouyn de l’Huys, Minister of Foreign Affairs, Paris.