Great Britain and the American Civil War Part 18

had come. Lyons did not wish to have this responsibility, arguing that the mere fact of such a decision being left to him would embarra.s.s him in his relations with the North. Stoeckl also opposed Mercier's idea, and added that Russia could well afford to wait until England and France had acted. Russia could then also recognize the South without offending the North. (Russian Archives. Stoeckl to F.O., April 2-14, 1861.

No. 863.)]

[Footnote 388: Russell Papers. Lyons to Russell, Oct. 4, 1861.]

[Footnote 389: Palmerston MS. Russell to Palmerston, Oct. 8, 1861. On Oct. 7, Lyons wrote to Head, "If we can get through the winter and spring without American cotton, and keep the peace, we shall attain a great object." (Lyons Papers.)]

[Footnote 390: F.O., America, 772. No. 585. Lyons to Russell, Oct. 21, 1861.]

[Footnote 391: _Ibid._, Vol. 773. No. 606. Lyons to Russell.

Confidential. Oct. 28, 1861.]

[Footnote 392: Walpole, _Russell_, II, 344.]

[Footnote 393: See _ante_, p. 194.]

[Footnote 394: "The Americans certainly seem inclined to pick a quarrel with us; but I doubt their going far enough even to oblige us to recognize the Southern States. A step further would enable us to open the Southern ports, but a war would nevertheless be a great calamity."

(Maxwell, _Clarendon_, II, 245. Granville to Clarendon. No exact date is given but the context shows it to have been in October, 1861.)]

[Footnote 395: Ashley, _Palmerston_, II, 218-19. On October 30, Russell wrote to Gladstone expressing himself as worried about cotton but stating that the North was about to try to take New Orleans and thus release cotton. (Gladstone Papers).]

[Footnote 396: Bancroft, _Seward_, II, p. 219. Bancroft cites also a letter from Seward to his wife showing that he appreciated thoroughly the probability of a foreign war if France should press on in the line taken.]

[Footnote 397: F.O., America, Vol. 773. No. 623. Confidential. Lyons to Russell, Nov. 4, 1861.]

[Footnote 398: _Ibid._, No. 634. Confidential. Lyons to Russell, Nov. 8, 1861. In truth Lyons felt something of that suspicion of France indicated by Cowley, and for both men these suspicions date from the moment when France seemed lukewarm in support of England in the matter of Bunch.]

CHAPTER VII

THE "TRENT"

The _Trent_ affair seemed to Great Britain like the climax of American arrogance[399]. The Confederate agents sent to Europe at the outbreak of the Civil War had accomplished little, and after seven months of waiting for a more favourable turn in foreign relations, President Davis determined to replace them by two "Special Commissioners of the Confederate States of America." These were James M. Mason of Virginia, for Great Britain, and John Slidell of Louisiana, for France. Their appointment indicated that the South had at last awakened to the need of a serious foreign policy. It was publicly and widely commented on by the Southern press, thereby arousing an excited apprehension in the North, almost as if the mere sending of two new men with instructions to secure recognition abroad were tantamount to the actual accomplishment of their object.

Mason and Slidell succeeded in running the blockade at Charleston on the night of October 12, 1861, on the Confederate steamer _Theodora_[400], and arrived at New Providence, Na.s.sau, on the fourteenth, thence proceeded by the same vessel to Cardenas, Cuba, and from that point journeyed overland to Havana, arriving October 22. In the party there were, besides the two envoys, their secretaries, McFarland and Eustis, and the family of Slidell. On November 7 they sailed for the Danish island of St. Thomas, expecting thence to take a British steamer for Southampton. The vessel on which they left Havana was the British contract mail-packet _Trent_, whose captain had full knowledge of the diplomatic character of his pa.s.sengers. About noon on November 8 the _Trent_ was stopped in the Bahama Channel by the United States sloop of war, _San Jacinto_, Captain Wilkes commanding, by a shot across the bows, and a boarding party took from the _Trent_ Mason and Slidell with their secretaries, transferred them to the _San Jacinto_, and proceeded to an American port. Protest was made both by the captain of the _Trent_ and by Commander Williams, R.N., admiralty agent in charge of mails on board the ship[401]. The two envoys also declared that they would yield only to personal compulsion, whereupon hands were laid upon shoulders and coat collars, and, accepting this as the application of _force_, they were transferred to the _San Jacinto's_ boats. The scene on the _Trent_, as described by all parties, both then and later, partakes of the nature of comic opera, yet was serious enough to the partic.i.p.ants.

In fact, the envoys, especially Slidell, were exultant in the conviction that the action of Wilkes would inevitably result in the early realization of the object of their journey--recognition of the South, at least by Great Britain[402]. Once on board the _San Jacinto_ they were treated more like guests on a private yacht, having "seats at the captain's table," than as enemy prisoners on an American war-ship.

Captain Wilkes had acted without orders, and, indeed, even without any recent official information from Washington. He was returning from a cruise off the African coast, and had reached St. Thomas on October 10.

A few days later, when off the south coat of Cuba, he had learned of the Confederate appointment of Mason and Slidell, and on the twenty-eighth, in Havana harbour, he heard that the Commissioners were to sail on the _Trent_. At once he conceived the idea of intercepting the _Trent_, exercising the right of search, and seizing the envoys, in spite of the alleged objections of his executive officer, Lieutenant Fairfax. The result was that quite without authority from the United States Navy Department, and solely upon his own responsibility, a challenge was addressed to Britain, the "mistress of the seas," certain to be accepted by that nation as an insult to national prestige and national pride not quietly to be suffered.

The _San Jacinto_ reached Fortress Monroe on the evening of November 15.

The next day the news was known, but since it was Sat.u.r.day, few papers contained more than brief and inaccurate accounts and, there being then few Sunday papers, it was not until Monday, the eighteenth, that there broke out a widespread rejoicing and glorification in the Northern press[403]. America, for a few days, pa.s.sed through a spasm of exultation hard to understand, even by those who felt it, once the first emotion had subsided. This had various causes, but among them is evident a quite childish fear of the acuteness and abilities of Mason and Slidell. Both men were indeed persons of distinction in the politics of the previous decades. Mason had always been open in his expressed antipathy to the North, especially to New England, had long been a leader in Virginia, and at the time of the Southern secession, was a United States Senator from that State. Slidell, a Northerner by birth, but early removed to Louisiana, had acquired fortune in business there, and had for nearly twenty years been the political "boss" of one faction of the Democratic Party in New Orleans and in the State. With much previous experience in diplomacy, especially that requiring intrigue and indirect methods (as in the preliminaries of the Mexican War), and having held his seat in the United States Senate until the withdrawal of Louisiana from the Union, he was, of the two men, more feared and more detested, but both were thoroughly obnoxious to the North. Merely on the personal side their capture was cause for wide rejoicing[404].

Surprise was also an element in the American elation, for until the news of the capture was received no portion of the public had given serious thought to any attempt to stop the envoys. Surprise also played its part when the affair became known in England, though in official circles there had been some warning. It had already been reported in the British press that Mason and Slidell had run the blockade at Charleston, were in Cuba, and were about to set sail for England on the Confederate steamer _Nashville_, but the British Government, considering that the envoys might perhaps sail rather on the West India Mail Steamer for Southampton, became much concerned over a possible American interference with that vessel. On November 9 Hammond sent an urgent enquiry to the Advocate-General stating the situation, calling attention to the presence at Southampton of an American war-vessel, and asking whether this vessel, or any other American man-of-war, "would be ent.i.tled to interfere with the mail steamer if fallen in with beyond the territorial limits of the United Kingdom, that is beyond three miles from the British Coast."

[Ill.u.s.tration: _Photo: Handy, Washington_ JAMES M. MASON]

"Whether for instance she might cause the West India Mail Steamer to bring to, might board her, examine her Papers, open the Mail Bags and examine the contents thereof, examine the luggage of pa.s.sengers, seize and carry away Messrs. Mason and Slidell in person, or seize their Credentials and Instructions and Despatches, or even put a Prize Crew on board the West India Steamer and carry her off to a Port of the United States; in other words what would be the right of the American Cruiser with regard to her pa.s.sengers and crew and lawful papers and correspondence on board our packet on the a.s.sumption that the said packet was liable to capture and confiscation on the ground of carrying enemies' despatches; would the Cruiser be ent.i.tled to carry the packet and all and everything in her back to America or would she be obliged to land in this Country or in some near port all the people and all the unseizable goods[405]?"

Hammond further stated that Russell was anxious to have an immediate reply, inasmuch as the mail packet was due to arrive in Southampton on November 12. The opinion of the law officer consulted is best given in Palmerston's own words in a letter to Delane, Editor of the _Times_:

"_94 Piccadilly, November 11, 1861_.

"MY DEAR DELANE,

"It may be useful to you to know that the Chancellor, Dr.

Lushington, the three Law Officers, Sir G. Grey, the Duke of Somerset, and myself, met at the Treasury to-day to consider what we could properly do about the American cruiser come, no doubt, to search the West Indian packet supposed to be bringing hither the two Southern envoys; and, much to my regret, it appeared that, according to the principles of international law laid down in our courts by Lord Stowell, and practised and enforced by us, a belligerent has a right to stop and search any neutral not being a ship of war, and being found on the high seas and being suspected of carrying enemy's despatches; and that consequently this American cruiser might, by our own principles of international law, stop the West Indian packet, search her, and if the Southern men and their despatches and credentials were found on board, either take them out, or seize the packet and carry her back to New York for trial. Such being the opinion of our men learned in the law, we have determined to do no more than to order the _Phaeton_ frigate to drop down to Yarmouth Roads and watch the proceedings of the American within our three-mile limit of territorial jurisdiction, and to prevent her from exercising within that limit those rights which we cannot dispute as belonging to her beyond that limit.

"In the meanwhile the American captain, having got very drunk this morning at Southampton with some excellent brandy, and finding it blow heavily at sea, has come to an anchor for the night within Calshot Castle, at the entrance of the Southampton river.

"I mention these things for your private information.

Yours sincerely,

PALMERSTON[406]."

Not completely satisfied with this decision as reported to Delane, and sincerely anxious to avert what he foresaw would be a difficult situation, Palmerston took the unusual step of writing to Adams on the next day, November 12, and asking for an interview. His note took Adams by surprise, but he promptly waited upon Palmerston, and was told of the latter's disturbance at the presence of the American ship _James Adger_, Captain Marchand commanding, in Southampton Harbour, with the alleged purpose of stopping the British West India steamer and intercepting the journey of Mason and Slidell. Palmerston stated that he "did not pretend to judge absolutely of the question whether we had a right to stop a foreign vessel for such a purpose as was indicated," and he urged on Adams the unwisdom of such an act in any case. "Neither did the object to be gained seem commensurate with the risk. For it was surely of no consequence whether one or two more men were added to the two or three who had already been so long here. They would scarcely make a difference in the action of the Government after once having made up its mind[407]."

The interview with Adams, so Palmerston wrote to Delane on the same day, November 12, was rea.s.suring:

"MY DEAR DELANE,

"I have seen Adams to-day, and he a.s.sures me that the American paddle-wheel was sent to intercept the _Nashville_ if found in these seas, but not to meddle with any ship under a foreign flag. He said he had seen the commander, and had advised him to go straight home; and he believed the steamer to be now on her way back to the United States. This is a very satisfactory explanation.

Yours sincerely,

PALMERSTON[408]."

In fact, neither Adams' diary nor his report to Seward recorded quite the same statement as that here attributed to him by Palmerston, and this became later, but fortunately after the question of the _Trent_ had pa.s.sed off the stage, a matter of minor dispute. Adams' own statement was that he had told Palmerston the _James Adger_ was seeking to intercept the _Nashville_ and "had no instruction" to interfere with a British Packet--which is not the same as saying that she already had instructions "not to meddle with any ship under a foreign flag[409]."

But in any case, it would appear that the British Government had been warned by its legal advisers that if that which actually happened in the case of the _Trent_ should occur, English practice, if followed, would compel acquiescence in it[410]. This is not to say that a first legal advice thus given on a problematical case necessarily bound the Government to a fixed line of action, but that the opinion of the Government was one of "no help for it" if the case should actually arise is shown by the instructions to Lyons and by his reaction. On November 16, Hammond wrote to Lyons stating the opinion of the Law Officers that "we could do nothing to save the Packet being interfered with outside our three miles; so Lord Palmerston sent for Adams, who a.s.sured him that the American [the _James Adger_] had no instructions to meddle with any ship under English colours ... that her orders were not to endeavour to take Mason and Slidell out of any ship under foreign colours[411]." On receipt of this letter subsequent to the actual seizure of the envoys, Lyons hardly knew what to expect. He reported Hammond's account to Admiral Milne, writing that the legal opinion was that "Nothing could be done to save the Packet's being interfered with outside of the Marine league from the British Coast"; but he added, "I am not informed that the Law Officers decided that Mason and Slidell might be taken out of the Packet, but only that we could not prevent the Packet's being interfered with," thus previsioning that shift in British legal opinion which was to come _after_ the event. Meanwhile Lyons was so uncertain as to what his instructions would be that he thought he "ought to maintain the greatest reserve here on the matter of the _Trent_[412]."

This British anxiety and the efforts to prevent a dangerous complication occurred after the envoys had been seized but some two weeks before that fact was known in London. "Adams," wrote Russell, "says it was all a false alarm, and wonders at our susceptibility and exaggerated notions[413]." But Russell was not equally convinced with Adams that the North, especially Seward, was so eager for continued British neutrality, and when, on November 27, the news of Captain Wilkes' action was received, Russell and many others in the Cabinet saw in it a continuation of unfriendly Northern policy now culminating in a direct affront. Argyll, the most avowed friend of the North in the Cabinet, was stirred at first to keen resentment, writing "of this wretched piece of American folly.... I am all against submitting to any clean breach of International Law, such as I can hardly doubt this has been[414]." The Law Officers now held that "Captain Wilkes had undertaken to pa.s.s upon the issue of a violation of neutrality on the spot, instead of sending the _Trent_ as a prize into port for judicial adjudication[415]." This was still later further expanded by an opinion that the envoys could not be considered as contraband, and thus subject to capture nor the _Trent_ as having violated neutrality, since the destination of the vessel was to a neutral, not to an enemy port[416]. This opinion would have prohibited even the carrying of the _Trent_ into an American port for trial by a prize court.

But the British Government did not argue the matter in its demand upon the United States. The case was one for a quick demand of prompt reparation. Russell's instruction to Lyons, sent on November 30, was couched in coldly correct language, showing neither a friendly nor an unfriendly att.i.tude. The seizure of the envoys was a.s.serted to be a breach of international law, which, it was hoped, had occurred without orders, and Lyons was to demand the restoration of the prisoners with an apology. If Seward had not already offered these terms Lyons was to propose them, but as a preliminary step in making clear the British position, he might read the instruction to Seward, leaving him a copy of it if desired[417]. In another instruction of the same date Russell authorized a delay of seven days in insisting upon an answer by Seward, if the latter wished it, and gave Lyons liberty to determine whether "the requirements of Her Majesty's Government are substantially complied with[418]." And on December 1, Russell writing privately to Lyons instructed him, while upholding English dignity, to abstain from anything like menace[419]. On November 30, also, the Government hurriedly sent out orders to hold the British Fleet in readiness, began preparations for the sending of troops to Canada, and initiated munitions and supply activities. Evidently there was at first but faint hope that a break in relations, soon to be followed by war, was to be avoided[420].

It has long been known to history, and was known to Adams almost immediately, that the first draft of the instruction to Lyons was softened in language by the advice of Prince Albert, the material point being the expression of a hope that the action of Captain Wilkes was unauthorized[421]. That instruction had been sent previous to the receipt of a report from Lyons in which, very fearful of results, he stated that, waiting instructions, he would preserve a strict silence[422]. Equally anxious was Cowley at Paris, who feared the realization of Seward's former "foreign war panacea." "I wish I could divest myself of the idea that the North and South will not shake hands over a war with us[423]." Considering the bitterness of the quarrel in America this was a far-fetched notion. The efforts promptly made by the Confederate agents in London to make use of the _Trent_ affair showed how little Cowley understood the American temper. Having remained very quiet since August when Russell had informed them that Great Britain intended remaining strictly neutral[424], they now, on November 27 and 30, renewed their argument and application for recognition, but received in reply a curt letter declining any official communication with them "in the present state of affairs[425]."

The delay of at least three weeks imposed by methods of transportation before even the first American reaction to the British demand could be received in London gave time for a lessening of excitement and a more careful self-a.n.a.lysis by British statesmen as to what they really felt and desired. Gladstone wrote: "It is a very sad and heart-sickening business, and I sincerely trust with you that war may be averted[426]."

Argyll hurried home from the Continent, being much disturbed by the tone of the British press, and stating that he was against standing on technical grounds of international law. "War with America is such a calamity that we must do all we can to avoid it. It involves not only ourselves, but all our North American colonies[427]." But war seemed to both men scarcely avoidable, an opinion held also by Cornewall Lewis[428] and by Clarendon, the latter standing at the moment in a position midway between the Whig and Tory parties[429]. Yet Russell, with more cause than others to mistrust Seward's policy, as also believing that he had more cause, personally, to resent it, was less pessimistic and was already thinking of at least postponing immediate hostilities in the event of an American refusal to make just recompense.

On December 16 he wrote to Palmerston: "I incline more and more to the opinion that if the answer is a reasoning, and not a blunt offensive answer, we should send once more across the Atlantic to ask compliance.... I do not think the country would approve an immediate declaration of war. But I think we must abide by our demand of a restoration of the prisoners.... Lyons gives a sad account of Canada.

Your foresight of last year is amply justified[430]." And on December 20 he wrote, "Adams' language yesterday was entirely in favour of yielding to us, if our tone is not too peremptory.... If our demands are refused, we must, of course, call Parliament together. The sixth of February will do. In any other case we must decide according to circ.u.mstances[431]."

Thus Russell would not have Great Britain go to war with America without the sanction of Parliament, and was seeking reasons for delay. He was reacting, in fact, to a more sobering second thought which was experienced also by nearly everyone, save the eager British "Southerner," in public and in newspaper circles. The first explosion of the Press, on receipt of the news of the _Trent_, had been a terrific one. The British lion, insulted in its chosen field of supremacy, the sea, had pawed the air in frenzy though at first preserving a certain slow dignity of motion. Customary "strong leader-writing" became vigorous, indeed, in editorial treatment of America and in demand for the prompt release of the envoys with suitable apology. The close touch of leading papers with Governmental opinion is well shown, as in the _Times_, by the day-to-day editorials of the first week. On November 28 there was solemn and anxious consideration of a grave crisis with much questioning of international law, which was acknowledged to be doubtful.

But even if old British practice seemed to support Captain Wilkes, the present was not to be controlled by a discarded past, and "essential differences" were pointed out. This tone of vexed uncertainty changed to a note of positive a.s.surance and militant patriotism on November 30 when the Government made its demand. The _Times_ up to December 2, thought it absolutely certain that Wilkes had acted on authorization, and devoted much s.p.a.ce to Seward as the evil genius of American warlike policy toward England. The old "Duke of Newcastle story" was revamped. But on December 2 there reached London the first, very brief, American news of the arrival of the _San Jacinto_ at Fortress Monroe, and this contained a positive statement by Wilkes that he had had no orders. The _Times_ was sceptical, but printed the news as having an important bearing, if true, and, at the same time, printed communications by "Justicia" and others advising a "go slowly" policy[432]. Yet all British papers indulged in sharp reflections on American insults, displayed keen resentment, and demanded a prompt yielding to the Governmental demand.

An intelligent American long resident in London, wrote to Seward on November 29: "There never was within memory such a burst of feeling as has been created by the news of the boarding of [the Trent]. The people are frantic with rage, and were the country polled, I fear 999 men out of a thousand would declare for immediate war. Lord Palmerston cannot resist the impulse if he would." And another American, in Edinburgh, wrote to his uncle in New York: "I have never seen so intense a feeling of indignation exhibited in my life. It pervades all cla.s.ses, and may make itself heard above the wiser theories of the Cabinet officers[433]." If such were the British temper, it would require skilful handling by even a pacific-minded Government to avoid war. Even without belligerent newspaper utterances the tone of arrogance as in _Punch's_ cartoon, "You do what's right, my son, or I'll blow you out of the water," portended no happy solution. Yet this cartoon at least implied a hope of peaceful outcome, and that this was soon a general hope is shown by the prompt publicity given to a statement from the American General, Winfield Scott, in Paris, denying that he had said the action of Captain Wilkes had been decided upon at Washington before he sailed for Europe, and a.s.serting that no orders were given to seize the envoys on board any British or foreign vessel[434]. Nevertheless, Adams, for the moment intensely aroused, and suspicious of the whole purpose of British policy, could write to his friend Dana in Boston: "The expression of the past summer might have convinced you that she [Great Britain] was not indifferent to the disruption of the Union. In May she drove in the tip of the wedge, and now you can't imagine that a few spiders' webs of a half a century back will not be strong enough to hold her from driving it home. Little do you understand of this fast-anch.o.r.ed isle[435]."

There can be no doubt that one cause of a more bitter and sharper tone in the British press was the reception of the counter-exultation of the American press on learning of the detention and the exercise of "right of search" on a British ship. The American public equally went "off its head" in its expressions. Writing in 1911, the son of the American Minister to Great Britain, Charles Francis Adams, jun., in 1861, a young law-student in Boston, stated: "I do not remember in the whole course of the half-century's retrospect ... any occurrence in which the American people were so completely swept off their feet, for the moment losing possession of their senses, as during the weeks which immediately followed the seizure of Mason and Slidell[436]." There were evident two princ.i.p.al causes for this elation. The North with much emotion and high courage entering in April, 1861, upon the task of restoring the Union and hoping for quick success, had now pa.s.sed through a wearisome six months with no evident progress towards its object. Northern failure had developed a deep mortification when, suddenly and unexpectedly, a bold naval captain, on his own initiative, appeared to have struck a real blow at the South. His action seemed to indicate that the fighting forces of the North, if free from the trammels of Washington red tape, could, and would, carry on energetic war. Certainly it was but a slight incident to create such Northern emotion, yet the result was a sudden lifting from despondency to elation.