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matter simultaneously with the proceedings

which have been detailed.

In the year 1854 the Government of the United Former negotia

States submitted to the principal maritime nations

two propositions, soliciting their assent to them as permanent principles of international law. These propositions were, that free ships should make free goods; and that neutral property on board an enemy's vessel should not be subject to confiscation unless contraband of war.

Great Britain, being then at war with Russia, did not act upon these propositions; but in the Congress which assembled at Paris when the peace of 1856 was made, Great Britain and the other nations, parties to the Congress, gave their assent to them, and to two other propositions-the abolition of privateering, and the necessity of efficiency to the legalization of a blockade. It was also agreed that the four propositions should be maintained as a whole and indivisible, and that the Powers who might accede to them should accede to them as such.'

Great Britain then joined in inviting the United States to give its adhesion to the four indivisible points. The Washington Cabinet of that day replied that the United States was willing to assent to all the propositions, except the one re

24th Protocol, April 16, 1856, Congress of Paris.

tions regarding

the Declaration of

the Congress of Paris.

Former negotia- lating to privateering, as being, in fact, recognitions tions regarding

the Congress of

Paris.

the Declaration of of principles which had always been maintained by them; but that they could not consent to abolish privateering without a further agreement to exempt private property from capture on the high seas; and they proposed to amend the declaration of the Congress of Paris in that sense, and offered to give their adhesion to it when so amended.

In January, 1857, the proposals of the United States not having been acted upon, their Minister at London was directed to suspend negotiations until the new President, Mr. Buchanan, could examine the subject; and the suspension continued until after Mr. Lincoln was inaugurated.

On the 24th April, 1861, less than two months after Mr. Lincoln's accession to power, Mr. Seward resumed the suspended negotiations by instructing Mr. Adams' (similar instructions being given to the Ministers of the United States to the other maritime powers) to give an unqualified assent to the four propositions, and to bring the negotiation to a speedy and satisfactory conclusion.

Owing, probably, to the interruption in the communications between Washington and New York when the dispatch of April 24 was written, Mr. Adams does not appear to have been able to 1 Vol. I, page 44.

the Congress of Paris.

communicate his instructions to Lord John Russell Former negotiations regarding before the 21st of May. He then informed Lord the Declaration of John that he had received instructions to negotiate, which he would "submit to his consideration if there was any disposition to pursue the matter further." Lord John Russell "expressed the willingness of Great Britain to negotiate, but he seemed to desire to leave the subject in the hands of Lord Lyons, to whom he intimated that he had already transmitted authority to assent to any modification of the only point in issue which the Government of the United States might prefer." He did not inform Mr. Adams that he also proposed to open negotiations with the insurgents, nor had Mr. Adams reason to suspect that fact.

Matters were thus suspended in London, to enable Lord Lyons to work out Lord John Russell's instructions at Washington and in Richmond.

2

Lord Lyons received the dispatches of the 18th of May on the 2d of June, and at once conferred with Mr. Mercier. It was agreed that they should try to manage the business so as to prevent "an inconvenient outbreak from the Government" of the United States. He then notified Earl Russell of what they proposed to do, and informed him of the instructions to Mr. Adams on this subject. He also intimated that it would be unreasonable 1 Vol. I, page 52. Vol. I, page 55. 3 Vol. I, page 56.

tions regarding

Former negotia- to expect that the insurgents should abandon the Declaration of privateering, unless "in return for some great concession." What concession remained to be given except recognition of national independence?

the Congress of Paris.

Lord Lyons's interview with Mr. Seward.

2

It was not until the 15th of June that Lord Lyons and Mr. Mercier communicated the purport of their instructions to Mr. Seward in a joint interview, of which we have Mr. Seward's account1 and Lord Lyons's account, both dated the 17th of June. These accounts do not differ materially. The action as to the British Minister was this: Lord Lyons stated that he was instructed to read a dispatch to Mr. Seward and to leave a copy with him if he desired. Mr. Seward refused to permit the dispatch to be read officially, unless he could first have an opportunity to acquaint himself with its contents. Lord Lyons handed him Lord John Russell's No. 136 for the purpose of unofficial examination. Mr. Seward saw that it spoke of the insurgents as belligerents, and on that ground refused to permit it to be officially communicated to him. He added that he preferred to treat the question in London, and Lord Lyons left with him, unofficially, a copy of Lord John Russell's 136, in order that he might more intelligently instruct Mr. Adams.

The instructions thereupon written to Mr. 2 Vol. I, page 62.

1 Vol. I, page 60.

Adams are in the same tone.1 Mr. Seward ex

presses regret that the British and French governments should have seen fit to take joint action in the matter; he refuses to admit that there are two belligerent parties to the struggle; he expresses regret that Great Britain did not await the arrival of Mr. Adams before instructing Lord Lyons, as Mr. Adams's instructions covered the whole ground; but he nowhere manifests a knowledge of the purpose of Great Britain to enter into communications with the insurgents at Richmond. That was studiously concealed from him.

Lord Lyons's interview with Mr. Seward.

Termination of negotiations with

The negotiations were then transferred again to London, to the" profound surprise" of Mr. Adams. United States. They were protracted there until the 19th of August, when Lord Russell informed Mr. Adams that Great Britain could only receive the assent of the United States to the Declaration of Paris, upon the condition that Her Majesty should not thereby "undertake any engagement which should have any bearing, direct or indirect," upon the insurrection. The United States declined to be put upon a different footing from that of the forty-two independent Powers enumerated in Lord Russell's No. 136 to Lord Lyons, whose assent had been received without conditions, and the negotiations dropped.

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