Great Britain and the American Civil War

by Ephraim Douglass Adams

In London, on July 11, Adams began to present to Russell evidence secured by Consul Dudley at Liverpool, relative to the Rams and to urge their immediate seizure. Adams here but performed his duty and was in fact acting in accordance with Russell's own request[1021]. On July 16 he reported to Seward that the Roebuck motion for recognition of the South[1022] had died ingloriously, but expressed a renewal of anxiety because of the slowness of the government; if the Rams were to escape, Adams wrote to Russell, on July 11, Britain would herself become a participant in the war[1023]. Further affidavits were sent to Russell on August 14, and on September 3, having heard from Russell that the Government was legally advised "they cannot interfere in any way with these vessels," Adams sent still more affidavits and expressed his regret that his previous notes had not sufficiently emphasized the grave nature of the crisis pending between the United States and Great Britain. To this Russell replied that the matter was "under serious and anxious consideration," to which, on September 5, in a long communication, Adams wrote that if the Rams escaped: "It would be superfluous in me to point out to your Lordship that this is war."

The phrase was carefully chosen to permit a denial of a threat of war on the explanation that Great Britain would herself be participating in the war. There is no question that at the moment Adams thought Russell's "change of policy" of April was now thrown overboard, but the fact was that on September 1, Russell had already given directions to take steps for the detention of the Rams and that on September 3, positive instructions were given to that effect[1024], though not carried out until some days later. There had been no alteration in the "new policy" of April; the whole point of the delay was governmental anxiety to secure evidence sufficient to convict and thus to avoid attack for acting in contradiction to those principles which had been declared to be the compelling principles of non-interference in the case of the Alabama. But so perfect were the arrangements of Captain Bullock that complete evidence was not procurable and Russell was forced, finally, to act without it[1025].

It would appear from a letter written by Russell to Palmerston, on September 3, the day on which he gave the order to stop, that no Cabinet approval for this step had yet formally been given, since Russell notified Palmerston of his purpose and asked the latter, if he disapproved, to call a Cabinet at once[1026]. The plan to stop the Rams must have long been understood for Palmerston called no Cabinet. Moreover it is to be presumed that he was preparing the public for the seizure, for on this same September 3, the Times, in a long editorial, argued that the law as it stood (or was interpreted), was not in harmony with true neutrality, and pointed out future dangers to British commerce, as had the Liverpool ship-owners. Delane of the Times was at this period especially close to Palmerston, and it is at least inferential that the editorial was an advance notice of governmental intention to apply a policy known in intimate circles to have been for some time matured. Four days later, while governmental action was still unknown to the public another editorial advocated seizure of the Rams[1027]. Russell had acted under the fear that one of the Rams might slip away as had the Alabama; he had sent orders to stop and investigate, but he delayed final seizure in the hope that better evidence might yet be secured, conducting a rapid exchange of letters with Lairds (the builders), seeking to get admissions from them. It was only on September 9 that Lairds was officially ordered not to send the vessels on a "trial trip," and it was not until September 16 that public announcement was made of the Government's action[1028].

Russell has been regarded as careless and thoughtless in that it was not until September 8 he relieved Adams' mind by assuring him the Rams would be seized, even though three days before, on September 5, this information had been sent to Washington. The explanation is Russell's eager search for evidence to convict, and his correspondence with Lairds which did not come to a head until the eighth, when the builders refused to give information. To the builders Russell was writing as if a governmental decision had not yet been reached. He could take no chance of a "leak" through the American Minister. Once informed, Adams was well satisfied though his immediate reaction was to criticize, not Russell, but the general "timidity and vacillation" of the law officers of the Crown[1029]. Two days later, having learned from Russell himself just what was taking place, Adams described the "firm stand" taken by the Foreign Secretary, noted the general approval by the public press and expressed the opinion that there was now a better prospect of being able to preserve friendly relations with England than at any time since his arrival in London[1030]. Across the water British officials were delighted with the seizure of the Rams. Monck in Canada expressed his approval[1031]. Lyons reported a "great improvement" in the feeling toward England and that Seward especially was highly pleased with Russell's expressions, conveyed privately, of esteem for Seward together with the hope that he would remain in office[1032].

The actual governmental seizure of the Rams did not occur until mid-October, though they had been placed under official surveillance on September 9. Both sides were jockeying for position in the expected legal battle when the case should be taken up by the courts[1033]. At first Russell even thought of making official protest to Mason in London and a draft of such protest was prepared, approved by the Law Officers and subsequently revised by Palmerston, but finally was not sent[1034]. Possibly it was thought that such a communication to Mason approached too nearly a recognition of him in his desired official capacity, for in December the protest ultimately directed to be made through Consul-General Crawford at Havana, instructed him to go to Richmond and after stating very plainly that he was in no way recognizing the Confederacy to present the following:

"It appears from various correspondence the authenticity of which cannot be doubted, that the Confederate Government having no good ports free from the blockade of the Federals have conceived the design of using the ports of the United Kingdom for the purpose of constructing ships of war to be equipped and armed to serve as cruisers against the commerce of the United States of America, a State with which Her Majesty is at peace...."
"These acts are inconsistent with the respect and comity which ought to be shewn by a belligerent towards a Neutral Power.
"Her Majesty has declared her Neutrality and means strictly to observe it.
"You will therefore call upon Mr. Benjamin to induce his Government to forbear from all acts tending to affect injuriously Her Majesty's position[1035]."

To carry out this instruction there was required permission for Crawford to pass through the blockade but Seward refused this when Lyons made the request[1036].

Not everyone in Britain, however, approved the Government's course in seizing the Rams. Legal opinion especially was very generally against the act. Adams now pressed either for an alteration of the British law or for a convention with America establishing mutual similar interpretation of neutral duty. Russell replied that "until the trials of the Alexandra and the steam rams had taken place, we could hardly be said to know what our law was, and therefore not tell whether it required alteration. I said, however, that he might assure Mr. Seward that the wish and intention of Government were to make our neutrality an honest and bona-fide one[1037]." But save from extreme and avowed Southern sympathizers criticism of the Government was directed less to the stoppage of the Rams than to attacks of a political character, attempting to depict the weakness of the Foreign Minister and his humiliation of Great Britain in having "yielded to American threats." Thus, February II, 1864, after the reassembling of Parliament, a party attack was made on Russell and the Government by Derby in the House of Lords. Derby approved the stopping of the Rams but sought to prove that the Government had dishonoured England by failing to act of its own volition until threatened by America. He cited Seward's despatch of July II with much unction, that despatch now having appeared in the printed American diplomatic correspondence with no indication that it was not an instruction at once communicated to Russell. The attack fell flat for Russell simply replied that Adams had never presented such an instruction. This forced Derby to seek other ground and on February 15 he returned to the matter, now seeking to show by the dates of various documents that "at the last moment" Adams made a threat of war and Russell had yielded. Again Russell's reply was brief and to the effect that orders to stop the Rams had been given before the communications from Adams were received. Finally, on February 23, a motion in the Commons called for all correspondence with Adams and with Lairds, The Government consented to the first but refused that with Lairds and was supported by a vote of 187 to 153[1038].

Beginning with an incautious personal and petty criticism of Russell the Tories had been driven to an attempt to pass what was virtually a vote of censure on the Ministry yet they were as loud as was the Government in praise of Adams and in approval of the seizure of the Rams. Naturally their cause was weakened, and the Ministry, referring to expressions made and intentions indicated as far back as March, 1863, thus hinting without directly so stating that the real decision had then been made, was easily the victor in the vote[1038]. Derby had committed an error as a party leader and the fault rankled for again in April, 1864, he attempted to draw Russell into still further discussion on dates of documents. Russell's reply ignored that point altogether[1039]. It did not suit his purpose to declare, flatly, the fact that in April assurances had been given both to Adams and through Lyons to Seward, that measures would be taken to prevent the departure of Southern vessels from British ports. To have made this disclosure would have required an explanation why such assurance had been given and this would have revealed the effect on both Russell and Lyons of the Northern plan to create a cruising squadron blockade by privateers. There was the real threat. The later delays and seeming uncertainties of British action made Adams anxious but there is no evidence that Russell ever changed his purpose. He sought stronger evidence before acting and he hoped for stronger support from legal advisers, but he kept an eye on the Rams and when they had reached the stage where there was danger of escape, he seized them even though the desired evidence was still lacking[1040]. Seward's "privateering bill" plan possibly entered upon in a moment of desperation and with no clear statement from him of its exact application had, as the anxiety of British diplomats became pronounced, been used with skill to permit, if not to state, the interpretation they placed upon it, and the result had been the cessation of that inadequate neutrality of which America complained.