were. That France having acknowledged the South as belligerents, he could do nothing less than treat them as such. That, keeping that po sition in view, the Florida and Georgia had been received in their ports. That the Florida had been repaired, though little had been done to the Georgia, and nothing had been done to either of these vessels except what was essential to their "navigability." That their fighting powers had not been improved, nor had a French seaman been permitted to embark on either of them. That in respect to these vessels, therefore, he thought they had kept within the limits of clear rules of international law. That in respect to the Rappahannock, she had not yet been per [317] mitted to leave port, nor would she be permitted to leave until his government, by a most rigorous and careful examination, had satisfied itself that no rule of war had been violated. She had been permitted to repair as a vessel of commerce only, and if we anticipated that she was to be converted into a ship of war by guns from England, it was against England, and not France, we should complain; but if the fact turned out as I insisted, that she was no vessel of commerce, but a ship of war, then he admitted that if she came into a French port, not by stress of weather, but voluntarily to finish her equipment, and she were per mitted to leave, it would be a breach of the proclamation of neutrality published by the Emperor; but the question of fact, he said, was yet in the course of investigation. I repeated to him the evidence on this question, (a summary of which will be found, by the way, in the first dispatch I sent to him on this subject December 4 last.) He seemed to consider, however, that I presented the subject in some new lights, and said he would again refer the matter to the minister of marine. The line of distinction between what they might properly do, and what they might not, was, he said, in his mind quite clear. If a war-vessel came into their ports from stress of weather they were bound to let her repair damages, adding nothing, except such repairs, to her fighting qualities; but if such a vessel came into port in an unfinished condition they could not rightfully permit her to finish her equipment, for that would be to shape a harmless log or mass of timber into a fighting-ship. I told him that he and I did not then differ in this case so much about the law as about the fact, and I yet hoped that on the further investigation, which he promised, this vessel might be stopped. I am, sir, your obedient servant, Hon. WM. H. SEWARD, WM. L. DAYTON. Secretary of State. [318] *M. Gosselin au Lieutenant Campbell. CALAIS, le 4 février 1864. MONSIEUR: Je viens de recevoir de son excellence le ministre de la marine et des colonies une dépêche contenant des ordres précis formels en ce qui concerne votre bâtiment; et la notification que je dois vous en faire m'est, veuillez n'en pas douter, très pénible; pourtant, la communication que j'ai eu l'honneur de vous faire le 11 du mois dernier, et à la suite de laquelle vous m'avez déclaré pouvoir être en état complet de prendre la mer à environ une semaine de cette date, tout en vous faisant pressentir la possibilité des mesures survenues aujourd'hui, a dû vous préparer a y faire face. J'ai donc le regret, monsieur, de vous informer que le gouvernement de sa Majesté l'Empereur a décidé que j'intimerai "Pordre au Rappahannock de quitter le port de Calais à la marée qui suivra la réception de cette lettre," et que, faute par vous d'obtempérer à cette injonction, il ne vous serait plus permis de quitter ce port qu'à la fin des hostilités [319] entre les États-Unis et les confédérés. Le long séjour de votre bâtiment à Calais, et surtout le temps. écoulé depuis l'avis précité, me font espérer, monsieur, qu'il vous sera possible d'ici minuit de hâter vos derniers préparatifs, de telle sorte que la décision de laquelle je viens d'avoir l'honneur de vous faire part reçoive son exécution. J'ajouterai, monsieur, malgré la nature épineuse de mes relations offirielles avec vous, je désire vivement que le bref délai qui vous est accordé soit pourtant suffisant. Ai-je besoin d'insister, monsieur, au moment Je votre départ sur ce que les rapports et les réponses que j'ai eu à adresser à l'égard de votre bâtiment ont été constamment conformes à la vérité, telle que mes investigations personnelles et impartiales me l'ont fait trouver, et que mes explications ont été toujours loyales, sincéres et complètes ? Je vous prie de vouloir bien, en raison de son importance,, m'accuser réception de la présente. Veuillez recevoir, monsieur, l'expression de ma considération trèsdistingué. Le commissaire de l'inscription maritime: MONSIEUR: J'ai l'honneur de vous accuser réception de la lettre que vous m'avez adressée hier. J'ai également l'honneur de vous informer que, par suite à la lettre que vous m'avez adressée, dans laquelle vous me faisiez connaître que vous seriez prêt à partir aussitôt l'arrivée de votre charbon, et que j'ai transmise à son excellence, le gouvernement de sa Majesté l'Empereur vient de me prescrire de vous maintenir dans le bassin jusqu'à nouvel ordre, et que vous ne pouvez sortir du port que lorsque j'aurai reçu de nouvelles instructions à ce sujet. Les mêmes instructions ont été dounées à M. le commandant du Galilée. Agréez, monsieur, l'assurance de ma considération distinguée. Monsieur CAMPBELL, [321] First Lieutenant, Commandant le Rappahannock. *Mr. Gosselin to Lieutenant Campbell [Translation.] GOSSELIN. CALAIS, February 4, 1864. SIR: I have just received a dispatch from his excellency the minister of marine and the colonies, containing summary and formal orders rela tive to your vessel, and the notification I am obliged to make you in this respect, do not doubt, is very painful to me; nevertheless, the communication which I had the honor to send you on the 11th of last month, where I presented to you the possibility of the very measures which are now taken, and in consequence of which you declared to me that you would be in condition to go to sea in about a week from that date, must have prepared you to encounter them. I regret, sir, to inform you that the government of His Majesty the Emperor has decided that I shall order the "Rappahannock to leave the port of Calais at the next high tide after the receipt of this letter;" and if you fail to comply with this command you will not be permitted to leave this port until the end of hostilities between the United States and the confederates. The long stay of your vessel at Calais, and above all the time which has elapsed since the above-mentioned notice, makes me hope, sir, [322] that from now until midnight it will be possible for you so to hasten your last preparations that the decision with which I have just had the honor to make you acquainted shall be executed. I have to add, sir, that in spite of my delicate official relations with you, I desire extremely that the brief delay accorded to you should be sufficient. Is it necessary for me to repeat, sir, at the moment of your departure, that the reports and answers which I have had to make relative to your vessel have always been truthfully in accordance with my personal and impartial investigations, and that my explanations have always been loyal, sincere, and complete? I have to request you to acknowledge the receipt of this letter, on account of its importance. Accept, sir, the expression of my very distinguished consideration. Le commissaire de l'inscription maritime, M. CAMPBELL, GOSSELIN. Lieutenant, Commanding the Steamer Rappahannock. Mr. Gosselin to Lieutenant Campbell. [Translation.] CALAIS, February 10, 1864. SIR: I have the honor to acknowledge the receipt of your letter of yesterday. [323] I have also the honor to inform you that in consequence of the letter addressed by you to me, in which you tell me that you shall be ready to depart upon the arrival of your coal, and which letter I transmitted to his excellency, the government of His Majesty the Emperor has just ordered me to detain you within the basin until further orders, and that you can only leave this port when I shall receive new orders to that effect. The same orders have been given to the commander of the Galilee. Accept, sir, the assurance of my distinguished consideration. M. CAMPBELL, First Lieutenant, Commanding the Rappahannock. GOSSELIN. Mr. Dayton, United States minister, to Mr. Seward, Secretary of State. SIR: * * * My notice to the French government that they would be held responsible for all damages done by the Rappahannock, in case she should be permitted to go to sea, was in anticipation of that event, and in the hope that the question, being thus plainly presented in advance, they might prevent the wrong by forbidding her departure. It has, perhaps, some effect, for she is yet shut up in her basin, with strict orders not to permit her to depart without first obtaining the direct authority of this government. [324] The officers of the ship, Mr. Drouyn de Lhuys informs *me, "grumble" very much at their enforced detention, but he has informed them that France will not permit her ports to be used for the equipment of vessels of war for the confederates. I have just received notice from our consular agent at Calais that Captain Campbell, as well as the first lieutenant of the Rappahannock, have left here and gone back to England, with a view, as they said, to buy and equip another ship there; and that a man named Fonteroy his baggage is marked "Colonel Fonteroy") has taken command of the Rappahannock. Our consular agent thinks this is preparatory to the vessel's leaving; but it is quite certain that she has had no permit to leave, and had, a day or two since on boarding, neither arms nor crew for any hostile purpose, or indeed to do anything more than navigate her from one port to a neighboring port. * ** I am, sir, your obedient servant, Hon. WILLIAM H. SEWARD, Secretary of State, &c., &c., &c. * * W. L. DAYTON. Mr. Seward, Secretary of State, to Mr. Dayton, United States minister. [Extract.] DEPARTMENT OF STATE, [325] SIR: I have the honor to acknowledge the receipt of your dispatch of the 2d of May, No. 460. You will please express to Mr. Drouyn de Lhuys a high satisfaction on the part of this Government with the information he has given you, that the Rappahannock will not be allowed to enter the piratical service of the enemies of the United States. * I am, sir, your obedient servant, WILLIAM L. DAYTON, Esq., &c. WILLIAM H. SEWARD. Mr. Dayton, United States minister, to Mr. Seward, Secretary of State. PARIS, June 10, 1864. SIR: Looking over my dispatch of the Sth instant, No. 484, I find that I have neglected to say that, in the conference there reported, Mr. Drouyn de Lhuys informed me that no change had been made in the condition of things connected with the Rappahannock, and that no orders had issued, or were about being issued, for its discharge. He said that he had as yet received no answer from the committee of jurisconsults, who had been consulted by him; although, as the senate had now adjourned, and Mr. Troplong, the president, who is chairman of this committee, would be at leisure, he might expect an answer at no distant day. I am, sir, your obedient servant, Hon. WILLIAM H. SEWARD, WM. L. DAYTON. Secretary of State. [326] *The minister of the marine and the colonies to Monsieur the viceadmiral, maritime prefect at Cherbourg. [Translation.] CABINET OF THE MINISTER, We cannot permit the Alabama to enter into one of our basins of the arsenal, that not being indispensable to place it in a state to go again to sea. This vessel can address itself to commerce (commercial accommodations) for the urgent repairs it has need of to enable it to go out; but the principles of neutrality, recalled in my circular of the 5th of February, do not permit us to give to one of the belligerents the means to augment its forces, and in some sort to rebuild itself; in fine, it is not proper that one of the belligerents take, without ceasing, our ports, and especially our arsenals, as a base of their operations, and, so to say, as one of their own proper ports. You will observe to the captain of the Alabama that he has not been forced to enter into Cherbourg by any accidents of the sea, and that he could altogether as well have touched at the ports of Spain or Portugal, of England, of Belgium, and of Holland. As to the prisoners made by the Alabama, and who have been placed ashore, they are free from the time they have touched our soil; [327] but they ought not to be delivered up to the Kearsarge, which is a Federal ship of war. This would be for the Kearsarge an augmentation of military force, and we can no more permit this for one of the belligerents than for the other. Mr. Bigelow, United States minister, to Mr. Seward, Secretary of State. [Extract.] LEGATION OF THE UNITED STATES, Paris, March 13, 1805. SIR: I have to acknowledge the receipt of dispatches Nos. 39 to 42, inclusive. I received yesterday from Mr. Dudley, our consul at Liverpool, a letter informing me that that portion of the crew of the confederate cruiser |