[With five enclosures.]

Mr. Bigelow to Mr. Seward

No. 116.]

Sir: I have the honor to transmit herewith a communication from the minister of foreign affairs, of which enclosure No. 1 is a copy and enclosure No. 2 a translation, announcing the measures taken by this government in execution of its intention to withdraw from the so-called Confederate States of America the quality of belligerents accorded to them by the declaration of June, 1861.

In connexion with this subject, I invite your attention to a paragraph from the bulletin of the Moniteur of the 8th instant, of which enclosure No. 3 is a copy.

I am, sir, with great respect, your very obedient servant,

JOHN BIGELOW.

Hon. William H. Seward, Secretary of State, &c., &c., &c.

P. S. 2 p. m.—Since writing the foregoing I have received a note from his excellency the minister of foreign affairs, of which the following is an extract:

[Translation.]

“I send you annexed a copy of instructions from the minister of marine, which you may send to your government.

“Wholly yours, DROUYN DE LHUYS.”

The annexed enclosure No. 4 is a copy of these instructions, and No. 5 is a translation.

Yours, very respectfully;

JOHN BIGELOW.
[Page 325]
[Enclosure No. 2.—Translation of No. 1.]

Mr. Drouyn de Lhuys to Mr. Bigelow.

Sir: I have had the honor to inform you, under date of May 31, that after the communication which you had the kindness to address to me on the 29th, we had no longer any objection to withdrawing the quality of belligerents from the confederates. We have had to consider since then the bearing of this resolution with regard to their war-ships. I deem it my duty now to inform you of the measures taken by us to insure the efficient and equitable carrying out of that resolution.

M. the minister of manne, under date of the 5th instant, announced to the competent authorities in the ports of the empire and of its colonies that the southern States no longer presenting, in our opinion, the character of belligerents, their flag could no more be unfurled or recognized in French waters. Consequently, no vessel bearing that flag can henceforth, be permitted to enter them, and it will be necessary to demand the immediate departure of all confederate war-vessels which may yet be staying in our ports in consequence of our declaration of neutrality, as soon as the instructions of M. the minister of marine reach there. It is just, however, that these vessels should not be deprived of the benefit of the regulation in force at the time of their arrival in case a United States ship had been simultaneously admitted into port. Hence, for the last time, an interval of twenty-four hours should elapse between the departure of the confederate and that of the United States ship which should chance be together in the same French port.

Accept assurances of the high consideration with which I have the honor to be, sir, your very humble and very obedient servant,

DROUYN DE LHUYS.

Mr. Bigelow, Minister of the United States at Paris.

[Enclosure No. 3.— Translation.]

[From the Moniteur of June 8, 1865.]

The Evening Moniteur, in its weekly summary of foreign policy, announces that the resolution by which the French government revoked the order in virtue whereof the stay of federal vessels-of-war was limited to twenty-four hours, save in case of stress, has been made effective by the definitive withdrawal of the declaration of neutrality of June, 1861. The imperial government, as soon as it bad learned the capitulation of the principal southern armies, had manifested its intention to withdraw that declaration; but, before yielding to its inclination, it had to assure itself that neutral vessels would cease to be visited by the United States navy. In fact, neutrality could not be renounced if the usage of the laws of war against foreign commerce was continued.

On its side, the London Gazette has published a letter, addressed by Earl Russell to the lords of the admiralty, to announce to them that the English government, in consequence of the re-establishment of peace throughout the territory in possession of North America before the commencement of the war, no longer recognizes the character of belligerents in the confederates. The various authorities of her Majesty in all the ports, roadsteads and waters belonging to her, either within the United Kingdom or beyond sea, are instructed to refuse entry into port to any vessel-of-war under the confederate flag, and not any longer to suffer the presence of those which should happen to be there at the time of this declaration.

[Enclosure No. 5.—Translation of No. 4.]

Instructions from the Minister of Marine.

Sir: In proclaiming by its declaration of June 10, 1861, the rules of neutrality which it meant to observe between the belligerents of che divers States of North America, the government of the Emperor recognized a pre-existing fact, namely, that of a struggle going on between two portions of the territory of the United States; a struggle in which both sides observed the rules of war, as well in their treatment and exchange of prisoners as in the rights exercised towards neutral vessels.

Now, after the events which have occurred, the position is entirely changed. The minis ter of the United States near the government of the Emperor has stated that the cabinet at Washington consider the war ended, and abandon all pretension to the right of searching neutral vessels as practiced during war.

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Under these circumstances the government of the Emperor does not consider it its duty any longer to recognize belligerents in the States of North America. In consequence, ships presenting themselves as confederate vessels can no longer be received in the continental or colonial ports, nor in the territorial waters of the empire; and the confederate flag can no longer be unfurled in our ports.

Such of these vessels as may happen to be in our ports when the present despatch reaches you, shall have to leave; but with regard to them, you will, for the last time, observe the rule repeated in my circular of February 5, 1864, according to which an interval of twenty-four hours at least shall elapse between the departure of any vessel-of-war of one belligerent and the departure of any vessel-of-war of the other.

Accept, &c., &c.