Great Britain and the American Civil War

by Ephraim Douglass Adams

Thus beginning his survey with an assertion of British deceit and evasion from the very outset, and incidentally remarking that Lyons, at Washington, "made little disguise of his leanings" toward the South, Henry Adams depicts Russell as leading France along a line of policy distinctly unfriendly to the North. Examining each point in the negotiation as already narrated, he summarized it as follows:

"The story has shown that Russell and his colleagues ... induced the French Government to violate the pledge in the protocol of the Declaration of Paris in order to offer to both belligerents a partial adhesion, which must exclude the United States from a simple adhesion, to the Declaration of Paris, while it placed both belligerents on the same apparent footing. These steps were taken in haste before Adams could obtain an interview. When Adams by an effort unexpected to Russell obtained an interview at Pembroke Lodge at noon of Saturday, May 18, and according to Russell's report of May 21, said that the United States were 'disposed to adhere to the Declaration of Paris,' Russell evaded the offer, saying that he had already sent sufficient instructions to Lyons, although the instructions were not sufficient, nor had they been sent. When this evasion was afterward brought to his notice by Adams, Russell, revising his report to Lyons, made such changes in it as should represent the first proposal as coming from himself, and the evasion to have come from Adams. When at last obliged to read the American offer, Russell declared that he had never heard of it before, although he had himself reported it to Lyons and Lyons had reported it to him. When compelled to take the offer for consideration, Russell, though always professing to welcome adhesion pure and simple, required the co-operation of Dayton. When Adams overcame this last obstacle, Russell interposed a written proviso, which as he knew from Lyons would prevent ratification. When Adams paid no attention to the proviso but insisted on signature of the treaty, Russell at last wrote a declaration in the nature of an insult, which could not be disregarded[254]."

In this presentation of the case to the jury certain minor points are insisted upon to establish a ground for suspicion--as the question of who first made the proposal--that are not essential to Henry Adams' conclusions. This conclusion is that "From the delays interposed by Russell, Adams must conclude that the British Cabinet was trying one device after another to evade the proposition; and finally, from the written declaration of August 19, he could draw no other inference than that Russell had resorted to the only defensive weapon left to him, in order to avoid the avowal of his true motives and policy[255]." The motive of this tortuous proceeding, the author believed to have been a deep-laid scheme to revive, after the American War was ended, the earlier international practice of Great Britain, in treating as subject to belligerent seizure enemy's goods under the neutral flag. It was the American stand, argues Henry Adams, that in 1854 had compelled Great Britain to renounce this practice. A complete American adherence, now, to the Declaration, would for ever tie Britain's hands, but if there were no such complete adherence and only temporary observation of the second article, after the war had resulted in the disruption of the United States, thus removing the chief supporter of that article, Great Britain would feel free to resume her old-time practice when she engaged in war. If Great Britain made a formal treaty with the United States she would feel bound to respect it; the Declaration of Paris as it stood constituted "a mere agreement, which was binding, as Lord Malmesbury declared, only so long as it was convenient to respect it[256]." Thus the second article of the Declaration of Paris, not the first on privateering, was in the eye of the British Cabinet in the negotiation of 1861. Henry Adams ends his essay: "After the manner in which Russell received the advances of President Lincoln, no American Minister in London could safely act on any other assumption than that the British Government meant, at the first convenient opportunity, to revive the belligerent pretensions dormant since the War of 1812[257]."

This analysis was published in 1891. Still more briefly summarized it depicts an unfriendly, almost hostile attitude on the part of Russell and Lyons, deceit and evasion by the former, selfish British policy, and throughout a blind following on by France, yielding to Russell's leadership. The American proposal is regarded merely as a simple and sincere offer to join in supporting an improved international practice in war-times. But when Frederic Bancroft, the biographer of Seward, examined the negotiation he was compelled to ask himself whether this was all, indeed, that the American Secretary of State had in view. Bancroft's analysis may be stated more briefly[258].

Seward's general instruction, Bancroft notes, bore date of April 24, nearly a month before any foreign Power had recognized Southern belligerent rights; it indicates "a plan by which he hoped to remove all excuse for such action." In despatches to Dayton, Seward asserted a twofold motive: "a sincere desire to co-operate with other progressive nations in the melioration of the rigours of maritime war," and "to remove every cause that any foreign Power could have for the recognition of the insurgents as a belligerent Power[259]." This last result was not so clear to Dayton at Paris, nor was the mechanism of operation ever openly stated by Seward. But he did write, later, that the proposal of accession to the Declaration of Paris was tendered "as the act of this Federal Government, to be obligatory equally upon disloyal as upon loyal citizens." "It did not," writes Bancroft, "require the gift of prophecy to tell what would result in case the offer of accession on the part of the United States should be accepted[260]."

Seward's object was to place the European nations in a position where they, as well as the United States, would be forced to regard Southern privateers as pirates, and treat them as such. This was a conceivable result of the negotiation before European recognition of Southern belligerency, but even after that recognition and after Dayton had pointed out the impossibility of such a result, Seward pressed for the treaty and instructed Dayton not to raise the question with France. He still had in mind this main object. "If Seward," says Bancroft, "had not intended to use the adherence of the United States to the declaration as a lever to force the other Powers to treat the Confederates as pirates, or at least to cease regarding them as belligerents, he might easily and unofficially have removed all such suspicions[261]." In an interview with Lyons on July 6 Seward urged a quick conclusion of the treaty, arguing that its effect upon the revolted states could be determined afterwards. Naturally Lyons was alarmed and gave warning to Russell. "Probably it was this advice that caused Russell to insist on the explanatory declaration[262]."

It would appear, then, that Seward much underestimated the acuteness of Russell and Thouvenel, and expected them "to walk into a trap." Nor could his claim "that there was no difference between a nation entirely at peace and one in circumstances like those of the United States at this time" be taken seriously. "He was furnishing his opponent with evidences of his lack of candour." This clouded the effect that would have followed "a wise and generous policy toward neutrals, which had doubtless been in Seward's mind from the beginning[263]." In the end he concluded the negotiation gracefully, writing to Adams a pledge of American respect for the second and third articles of the Declaration of Paris--exactly that which Lyons had originally been instructed by Russell to secure.

"We regard Great Britain as a friend. Her Majesty's flag, according to our traditional principles, covers enemy's goods not contraband of war. Goods of Her Majesty's subjects, not contraband of war, are exempt from confiscation, though found under a neutral or disloyal flag. No depredations shall be committed by our naval forces or by those of any of our citizens, so far as we can prevent it, upon the vessels or property of British subjects. Our blockade, being effective, must be respected[264]."

Thus Bancroft regards Seward's proposals of April 24 as in part the result of humanitarian motives and in part as having a concealed purpose of Northern advantage. This last he calls a "trap." And it is to be noted that in Seward's final pledge to Adams the phrase "those of any of our citizens" reserves, for the North, since the negotiation had failed, the right to issue privateers on her own account. But Russell also, says Bancroft, was not "altogether artless and frank." He had in view a British commercial advantage during the war, since if the United States respected the second and third articles of the Declaration of Paris, and "if Confederate privateers should roam the ocean and seize the ships and goods of citizens of the North, all the better for other commercial nations; for it would soon cause the commerce of the United States to be carried on under foreign flags, especially the British and French[265]." Ulterior motive is, therefore, ascribed to both parties in the negotiation, and that of Seward is treated as conceived at the moment when a policy of seeking European friendship was dominant at Washington, but with the hope of securing at least negative European support. Seward's persistence after European recognition of Southern belligerency is regarded as a characteristic obstinacy without a clear view of possible resulting dangerous complications.