Great Britain and the American Civil War

by Ephraim Douglass Adams

If these historiographic details seem unduly minute, partaking as they do of the nature of a foot-note, in a work otherwise general in treatment, the author's answer is that the personality of two of the writers mentioned and their intimate knowledge of the effect of the negotiation upon the mind of the American Minister in London are themselves important historical data; a further answer is the fact that the materials now available from the British Foreign Office archives throw much new light both on the course of the negotiation and on British purposes. It is here planned, therefore, first to review the main facts as previously known; second, to summarize the arguments and conclusions of the three historians; third, to re-examine the negotiation in the light of the new material; and, finally, to express an opinion on its conduct and conclusions as an evidence of British policy.

In 1854, during the Crimean War, Great Britain and France, the chief maritime belligerents engaged against Russia, voluntarily agreed to respect neutral commerce under either the neutral's or the enemy's flag. This was a distinct step forward in the practice of maritime warfare, the accepted international rules of which had not been formally altered since the Napoleonic period. The action of Great Britain was due in part, according to a later statement in Parliament by Palmerston, March 18, 1862, to a fear that unless a greater respect were paid than formerly to neutral rights, the Allies would quickly win the ill-will of the United States, then the most powerful maritime neutral, and would run the danger of forcing that country into belligerent alliance with Russia[239]. No doubt there were other reasons, also, for the barbarous rules and practices of maritime warfare in earlier times were by now regarded as semi-civilized by the writers of all nations. Certainly the action of the belligerents in 1854 met with general approval and in the result was written into international law at the Congress of Paris in 1856, where, at the conclusion of the war, the belligerents and some leading neutrals were gathered.

The Declaration of Paris on maritime warfare covered four points:

"1. Privateering is, and remains, abolished.
"2. The neutral flag covers enemy's goods, with the exception of contraband of war.
"3. Neutral goods, with the exception of contraband of war, are not liable to capture under enemy's flag.
"4. Blockades, in order to be binding, must be effective; that is to say, maintained by a force sufficient really to prevent access to the coast of the enemy[240]."

This agreement was adopted by Austria, France, Great Britain, Prussia, Russia, Sardinia and Turkey, and it was further agreed that a general invitation to accede should be extended to all nations, but with the proviso "that the powers which shall have signed it, or which shall accede thereto, shall not in future enter into any arrangement, concerning the application of the law of neutrals in time of war, which does not rest altogether upon the four principles embodied in the said declaration[241]." In other words it must be accepted in whole, and not in part, and the powers acceding pledging themselves not to enter into any subsequent treaties or engagements on maritime law which did not stipulate observance of all four points. Within a short time nearly all the maritime nations of the world had given official adherence to the Declaration of Paris.

But the United States refused to do so. She had long stood in the advance guard of nations demanding respect for neutral rights. Little by little her avowed principles of international law as regards neutrals, first scoffed at, had crept into acceptance in treaty stipulations. Secretary of State Marcy now declared, in July, 1856, that the United States would accede to the Declaration if a fifth article were added to it protecting all private property at sea, when not contraband. This covered not only cargo, but the vessel as well, and its effect would have been to exclude from belligerent operations non-contraband enemy's goods under the enemy's flag, if goods and ship were privately owned. Maritime warfare on the high seas would have been limited to battles between governmentally operated war-ships. Unless this rule were adopted also, Secretary Marcy declared that "the United States could not forgo the right to send out privateers, which in the past had proved her most effective maritime weapon in time of war, and which, since she had no large navy, were essential to her fighting power."

"War on private property," said the Americans, "had been abolished on land; why should it not be abolished also on the sea?" The American proposal met with general support among the smaller maritime nations. It was believed that the one great obstacle to the adoption of Marcy's amendment lay in the naval supremacy of Great Britain, and that obstacle proved insurmountable. Thus the United States refused to accede to the Declaration, and there the matter rested until 1861. But on April 17 Jefferson Davis proclaimed for the Southern Confederacy the issue of privateers against Northern commerce. On April 24 Seward instructed representatives abroad, recounting the Marcy proposal and expressing the hope that it still might meet with a favourable reception, but authorizing them to enter into conventions for American adherence to the Declaration of 1856 on the four points alone. This instruction was sent to the Ministers in Great Britain, France, Russia, Prussia, Austria, Belgium, Italy, and Denmark; and on May 10 to the Netherlands.

Having received this instruction, Adams, at the close of his first meeting with Russell on May 18, after having developed at length the American position relative to the issue of the British Proclamation of Neutrality, briefly added that he was directed to offer adherence by means of a convention, to the Declaration of Paris. Russell replied that Great Britain was willing to negotiate, but "seemed to desire to leave the subject in the hands of Lord Lyons, to whom he intimated that he had already transmitted authority[242]...." Adams therefore did not press the matter, waiting further information and instruction from Washington. Nearly two weeks earlier Russell had, in fact, approached the Government of France with a suggestion that the two leading maritime powers should propose to the American belligerents adherence to the second and third articles of the Declaration of Paris. France had agreed and the date of Russell's instruction to Lyons was May 18, the day of the interview with Adams. Confusion now arose in both London and Washington as to the place where the arrangement was to be concluded. The causes of this confusion will be considered later in this chapter; here it is sufficient to note that the negotiation was finally undertaken at London.