Mr. Bigelow to Mr. Seward
No. 98.]
Legation of the United States,
Paris,
May 23, 1865.
Sir: On my return to Paris this morning I found
a communication from his excellency the minister of foreign affairs, of
which enclosure No. 1 is a copy and No. 2 a translation. It is in reply
to a communication which I left with his excellency on the 12th instant,
a copy of which was transmitted to you in my despatch No. 91. I have
only time to-day to say, that the policy of the French government as
here defined, in reference to a withdrawal of the imperial declaration
of September, 1861, is substantially the same as that recently
proclaimed in Parliament by Earl Russell and Lord Palmerston. It also
notifies me that (following the example of England) the minister of
marine has repealed the restrictions upon the sojourn of the
vessels-of-war in French ports.
I am disposed to dispute the competence of the French government to make
any distinct renunciation of the right of search, a condition precedent
to a withdrawal of the belligerent privileges conceded to the rebels in
1861, on the ground that if those privileges are withdrawn on our
application, we are responsible to them just as much as they are to us
for any future abuse of the power to search neutral vessels. By now
asking them to treat us no longer as belligerents, we voluntarily come
under all the obligations of non-belligerents, just as upon their own
theory by becoming de Jacto belligerents, and
without any declaration of war, we as well as our enemies at once became
entitled from neutrals to all the privileges and incurred all the
penalties of belligerents. M. Drouyn de Lhuys admits the war is ended.
He has then no more authority to exact from us a renunciation of the
right to search neutral ships than he would have to exact a renunciation
of our right to go to war again if we should ever fancy we had
provocation.
I labor under the disadvantage of not knowing what view Mr. Adams has
taken of the late declaration of the British government, and I shall
take a few days to reflect before determining what, if any, answer
should be made before hearing from you.
I am, sir, with great respect, your very obedient servant,
Hon. William H. Seward,
Secretary of State, &c., &c., &c.
[Enclosure No. 2.—Translation of No.
1.]
Mr. Drouyn de Lhuys to Mr. Bigelow.
Sir: I have received the note which you did
me the honor to address to me on the 10th of this month.
Referring to the decisive events which have passed in the United
States, and which have completed the defeat of the southern
Confederate States, you ask if the declaration of neutrality of the
10th of June, 1861, has not ceased to effect the useful purposes
that it might have in view, now that the insurrectionary government
has no seat or settled existence; that its armies are broken and
dispersed; that it has no longer a single port open to it on the
seas, and that its flag no longer floats but over a few vessels
built in foreign ports, and wandering without any possible refuge
about the ports of their country. You ask, at the same time, if the
period is not arrived when it would be an unfriendly act on the part
of France to refuse to the United States navy the hospitality which
the French navy has always found in the ports of the Union, and if
the insurgents have not lost every right to the privileges of
belligerents recognized by the imperial government.
In the first place, sir, I presume it is understood that the conduct
pursued by the Emperor’s government from the beginning of the
conflict cannot be regarded as in any way dictated by an unfriendly
feeling towards the United States, although you state, in the
communication to
[Page 298]
which I
have the honor to reply, that you are unwilling to discuss the
necessity or the propriety of our declaration of 1861. I do not the
less feel it my duty again to affirm, that the Emperor’s government
could not have acted otherwise than it has done; that it was at once
its duty and its right to recognize in the imposing and regularly
organized forces which entered upon the struggle in the heart of the
American Union, all the characteristics which constitute
belligerents, and to proclaim its neutrality from that time. There
could be neither hesitation nor controversy as to the line of
conduct to be pursued. Facts forced themselves upon all with
sovereign authority, and the government of the United States
itself—I may recall it to its honor—did not misunderstand it, for it
has observed towards its adversaries, in carrying on the war, the
usages which prevail in hostilities between independent nations.
But, in our opinion, the measures taken by us in consequence of a
state of war, manifest and declared, ought not to be continued when
the situation which had rendered them obligatory has ceased to
exist. Now everything shows that the time is at hand when the
federal government will be able to depart from the attitude which
the necessities of war still impose upon it. As soon as we are
informed that it relinquishes the right of search and capture in
respect of neutral ships there will no longer be any question of
belligerency in respect to the United States for us to consider, and
we shall hasten to acknowledge it. We shall be happy immediately to
suppress all the restrictions which a state of war has imported into
our relations, and especially to offer in our ports the most cordial
and perfect hospitality to the ships of a nation which we have long
been accustomed to treat as a friend.
I am happy to be able to announce to you that in the present state of
things his Majesty’s government from this day no longer considers it
necessary to retain the regulation limiting to twenty-four hours the
stay which the ships-of-war of the United States were authorized to
make in our ports; consequently, the minister of the navy has just
revoked it.
Receive the assurances of the high consideration with which I have
the honor to be, sir, your very humble and very obedient
servant,
Monsieur Bigelow, Minister of the United States at Paris.
