So far as I can judge in this short time the Americans have eagerly grasped at the intelligence of the endeavours to stop the Confederate vessels building in England, as a relief from their dread that they were really drifting into a war with us. I cannot yet say whether the exasperation is subsiding. I have not much fear that they will ever put a casus belli to us, but I do fear that they may force us to make demands upon them to which, however plainly just, party considerations may render it difficult for the administration to yield. I seem to be getting on pretty well again with Mr. Seward, but not with others since the Blue Book, and Mr. Seward cannot control the feelings or the actions of the other members of the administration either as regards England or her Representative here personally. However, for the moment, things certainly look more peaceful than they did a week ago. I mean peaceful towards us, for there are no symptoms of an approaching end of the civil war.
One danger at any rate was removed, at all events temporarily, for the American Government determined not to proceed with the issuing of the letters of marque. The chief danger, however, lay not so much in the exasperation caused by the Confederate ships as in the proceedings of the United States cruisers, and it was feared that a repetition of such seizures as those of the Peterhoff and Magicienne might rouse such a feeling of indignation in England that it might become necessary to put forward demands for redress which the Americans would be too angry to comply with. For some reason, too, the relations between the British Legation and the Navy Department (perhaps owing to Mr. Welles's anti-English proclivities), were much less satisfactory than was the case with the other Government offices, and whenever an American naval officer had been admittedly in the wrong, explanation, regret, or redress were generally postponed so long (as in the case of the Trent) that the United States Government found itself in the position of having either to make a marked concession to England, or to run the risk of refusing just demands. Lord Lyons's usual practice was to leave the door open for spontaneous action on their part up to the last moment, and to abstain from making anything like a demand or even an embarrassing observation for as long as possible; but his difficulties in dealing with such questions were increased by a quarrel between Mr. Seward and Mr. Welles. Mr. Seward, to do him justice, generally seems to have exercised a pacific influence, but party spirit ran so high, and the Democrats detested him so cordially, that even those who were known to be friendly towards England could not resist the temptation of denouncing his 'humiliating concessions to British arrogance' when they got the opportunity.
Lord Lyons to Admiral Sir A. Milne.
Washington, May 11, 1863.
I have given Mr. Seward verbally a warning from H.M. Government that the impression which prevails in England that the United States are systematically endeavouring by fair means and by foul to stop our trade with Matamoros is producing very dangerous effects. Mr. Seward said that he should be able to give very satisfactory assurances on this head. I observed to him that I thought some decided practical steps were necessary to do away with this impression. I reminded him of his previous assurances and of his instructions to the Navy Department, and pointed out those instructions were apparently set at nought by the U.S. officers. I said that the great point was to make the subordinate officers feel the effects of the displeasure of the Government, when they violated neutral rights; that it was not likely the naval officers would pay much attention to the assurances given by the Government to Foreign Powers, and that it was not to be expected that they would pay much attention to formal instructions to themselves, if they found that they could practically violate them with impunity. The Government ought, I said, to remove its subordinates from situations in which they were peculiarly exposed to temptations to make an unlawful use of belligerent powers. I told Mr. Seward that I should regard another questionable seizure of a British merchant vessel in the neighbourhood of St. Thomas, or another questionable seizure anywhere of a British vessel bound to Matamoros, as little less than a calamity.
I trust that I made so much impression as to render it probable that these matters will be arranged for the present, as far as words go, and that something will be done to check the vexatious proceedings of the cruisers. What this Government ought to do is to remove their ships from St. Thomas altogether and recall Admiral Wilkes. I have not however much confidence in their doing anything really effectual. Many of the naval officers would like a war with England. They know well enough that it would not be a naval war, but they are envious of Captain Semmes and the Alabama, and would rather roam about picking up prizes, than go on with the dull and harassing work of blockading. Then the universal exasperation in the country against England makes the Government unwilling and afraid to do anything which looks like a concession to us. Thus things are in a dangerous state, and it will be a great comfort to me to be within reach of you by telegraph.
If any more privateers get out of our ports, the Government here may be forced by public clamour to issue letters of marque somewhat suddenly. Mr. Seward has verbally promised to give us notice, but this is a very vague assurance: of course it will not do for me to discuss beforehand any particular arrangements about them, because this would imply acquiescence in their being issued, which we are far from wishing to signify beforehand.
I have been unwell for more than a month, and am beset by a quantity of small vexatious business concerning the wrongs of British subjects who have suddenly proclaimed their unswerving loyalty to the British Crown and demanded my protection.
Many thanks for your private letter. You will think that I am trying to make up for the quality of my information by quantity of writing. The fact is I am too much knocked up to be able to write shortly.
The representations made with regard to Admiral Wilkes, partly owing to the good offices of Mr. Seward, at length produced a satisfactory result, and that enterprising officer was promoted to a command in the Pacific, much doubtless to the relief of all concerned. Lord Lyons was extremely careful to conceal the fact that he had been in any way instrumental in obtaining this transfer, and congratulated himself upon the advent of a temporary lull in the storm against England: a lull, however, which the escape of another Alabama from Liverpool, of a considerable Federal success or even a mere accident, might convert into an even more furious tempest.
Two years previously Mr. Seward had announced that the policy of the United States, unlike that of other countries, was 'based on high and eternal consideration of principle and the good of the human race,' but aliens resident in America, and more especially Englishmen, might have been excused for complaining that this lofty and inspiring ideal was accompanied by a vast amount of inconvenience and hardship.
Foreigners who have taken up their abode in a country where a state of war prevails are naturally subjected to much that is objectionable to them, in the natural course of things, and as a general rule find it extremely difficult to obtain redress, for whilst they remain in a country which is not their own they must submit to any exceptional legislation which the force of circumstances may require. Foreign Governments are not in a position to decide whether this exceptional legislation is justifiable or not, and the utmost that the alien can expect is, either that he should be allowed time to depart, or that his Government should protect him by remonstrance or otherwise when he is dealt with illegally; and the general principle which is usually adopted is that foreign interference should be as sparing as possible and that the foreigner should take his chance with the native citizen.
It was not long before foreigners in the United States were made to realize the disadvantages of living in a country where civil war prevailed. When hostilities began, the Government, reasonably enough, took steps to suspend when necessary the ordinary law, that being a practice almost invariably adopted by civilized countries under similar circumstances. Persons suspected of disaffection or treason were arbitrarily arrested, kept in prison under the authority of the military, and detained there without trial; and amongst these were occasionally bonâ fide British subjects and others who claimed to be such. Where martial law exists, it is only natural that occasional cases of injustice or harshness should arise, and it is clear that a certain number of British subjects suffered without due cause, but upon the whole it does not appear the United States Government exercised its powers with undue severity, or that it acted in a more arbitrary manner than would have been the case with a European Power in a similar position.