Hammond further stated that Russell was anxious to have an immediate reply, inasmuch as the mail packet was due to arrive in Southampton on November 12. The opinion of the law officer consulted is best given in Palmerston's own words in a letter to Delane, Editor of the Times:
"94 Piccadilly,
November 11, 1861.
"MY DEAR DELANE,
"It may be useful to you to know that the Chancellor, Dr. Lushington, the three Law Officers, Sir G. Grey, the Duke of Somerset, and myself, met at the Treasury to-day to consider what we could properly do about the American cruiser come, no doubt, to search the West Indian packet supposed to be bringing hither the two Southern envoys; and, much to my regret, it appeared that, according to the principles of international law laid down in our courts by Lord Stowell, and practised and enforced by us, a belligerent has a right to stop and search any neutral not being a ship of war, and being found on the high seas and being suspected of carrying enemy's despatches; and that consequently this American cruiser might, by our own principles of international law, stop the West Indian packet, search her, and if the Southern men and their despatches and credentials were found on board, either take them out, or seize the packet and carry her back to New York for trial. Such being the opinion of our men learned in the law, we have determined to do no more than to order the Phaeton frigate to drop down to Yarmouth Roads and watch the proceedings of the American within our three-mile limit of territorial jurisdiction, and to prevent her from exercising within that limit those rights which we cannot dispute as belonging to her beyond that limit.
"In the meanwhile the American captain, having got very drunk this morning at Southampton with some excellent brandy, and finding it blow heavily at sea, has come to an anchor for the night within Calshot Castle, at the entrance of the Southampton river.
"I mention these things for your private information.
Yours sincerely,
PALMERSTON[406]."
"94 Piccadilly,
November 11, 1861.
Not completely satisfied with this decision as reported to Delane, and sincerely anxious to avert what he foresaw would be a difficult situation, Palmerston took the unusual step of writing to Adams on the next day, November 12, and asking for an interview. His note took Adams by surprise, but he promptly waited upon Palmerston, and was told of the latter's disturbance at the presence of the American ship James Adger, Captain Marchand commanding, in Southampton Harbour, with the alleged purpose of stopping the British West India steamer and intercepting the journey of Mason and Slidell. Palmerston stated that he "did not pretend to judge absolutely of the question whether we had a right to stop a foreign vessel for such a purpose as was indicated," and he urged on Adams the unwisdom of such an act in any case. "Neither did the object to be gained seem commensurate with the risk. For it was surely of no consequence whether one or two more men were added to the two or three who had already been so long here. They would scarcely make a difference in the action of the Government after once having made up its mind[407]."
The interview with Adams, so Palmerston wrote to Delane on the same day, November 12, was reassuring:
"MY DEAR DELANE,
"I have seen Adams to-day, and he assures me that the American paddle-wheel was sent to intercept the Nashville if found in these seas, but not to meddle with any ship under a foreign flag. He said he had seen the commander, and had advised him to go straight home; and he believed the steamer to be now on her way back to the United States. This is a very satisfactory explanation.
Yours sincerely,
PALMERSTON[408]."
In fact, neither Adams' diary nor his report to Seward recorded quite the same statement as that here attributed to him by Palmerston, and this became later, but fortunately after the question of the Trent had passed off the stage, a matter of minor dispute. Adams' own statement was that he had told Palmerston the James Adger was seeking to intercept the Nashville and "had no instruction" to interfere with a British Packet--which is not the same as saying that she already had instructions "not to meddle with any ship under a foreign flag[409]." But in any case, it would appear that the British Government had been warned by its legal advisers that if that which actually happened in the case of the Trent should occur, English practice, if followed, would compel acquiescence in it[410]. This is not to say that a first legal advice thus given on a problematical case necessarily bound the Government to a fixed line of action, but that the opinion of the Government was one of "no help for it" if the case should actually arise is shown by the instructions to Lyons and by his reaction. On November 16, Hammond wrote to Lyons stating the opinion of the Law Officers that "we could do nothing to save the Packet being interfered with outside our three miles; so Lord Palmerston sent for Adams, who assured him that the American [the James Adger] had no instructions to meddle with any ship under English colours ... that her orders were not to endeavour to take Mason and Slidell out of any ship under foreign colours[411]." On receipt of this letter subsequent to the actual seizure of the envoys, Lyons hardly knew what to expect. He reported Hammond's account to Admiral Milne, writing that the legal opinion was that "Nothing could be done to save the Packet's being interfered with outside of the Marine league from the British Coast"; but he added, "I am not informed that the Law Officers decided that Mason and Slidell might be taken out of the Packet, but only that we could not prevent the Packet's being interfered with," thus previsioning that shift in British legal opinion which was to come after the event. Meanwhile Lyons was so uncertain as to what his instructions would be that he thought he "ought to maintain the greatest reserve here on the matter of the Trent[412]."
This British anxiety and the efforts to prevent a dangerous complication occurred after the envoys had been seized but some two weeks before that fact was known in London. "Adams," wrote Russell, "says it was all a false alarm, and wonders at our susceptibility and exaggerated notions[413]." But Russell was not equally convinced with Adams that the North, especially Seward, was so eager for continued British neutrality, and when, on November 27, the news of Captain Wilkes' action was received, Russell and many others in the Cabinet saw in it a continuation of unfriendly Northern policy now culminating in a direct affront. Argyll, the most avowed friend of the North in the Cabinet, was stirred at first to keen resentment, writing "of this wretched piece of American folly.... I am all against submitting to any clean breach of International Law, such as I can hardly doubt this has been[414]." The Law Officers now held that "Captain Wilkes had undertaken to pass upon the issue of a violation of neutrality on the spot, instead of sending the Trent as a prize into port for judicial adjudication[415]." This was still later further expanded by an opinion that the envoys could not be considered as contraband, and thus subject to capture nor the Trent as having violated neutrality, since the destination of the vessel was to a neutral, not to an enemy port[416]. This opinion would have prohibited even the carrying of the Trent into an American port for trial by a prize court.
But the British Government did not argue the matter in its demand upon the United States. The case was one for a quick demand of prompt reparation. Russell's instruction to Lyons, sent on November 30, was couched in coldly correct language, showing neither a friendly nor an unfriendly attitude. The seizure of the envoys was asserted to be a breach of international law, which, it was hoped, had occurred without orders, and Lyons was to demand the restoration of the prisoners with an apology. If Seward had not already offered these terms Lyons was to propose them, but as a preliminary step in making clear the British position, he might read the instruction to Seward, leaving him a copy of it if desired[417]. In another instruction of the same date Russell authorized a delay of seven days in insisting upon an answer by Seward, if the latter wished it, and gave Lyons liberty to determine whether "the requirements of Her Majesty's Government are substantially complied with[418]." And on December 1, Russell writing privately to Lyons instructed him, while upholding English dignity, to abstain from anything like menace[419]. On November 30, also, the Government hurriedly sent out orders to hold the British Fleet in readiness, began preparations for the sending of troops to Canada, and initiated munitions and supply activities. Evidently there was at first but faint hope that a break in relations, soon to be followed by war, was to be avoided[420].
It has long been known to history, and was known to Adams almost immediately, that the first draft of the instruction to Lyons was softened in language by the advice of Prince Albert, the material point being the expression of a hope that the action of Captain Wilkes was unauthorized[421]. That instruction had been sent previous to the receipt of a report from Lyons in which, very fearful of results, he stated that, waiting instructions, he would preserve a strict silence[422]. Equally anxious was Cowley at Paris, who feared the realization of Seward's former "foreign war panacea." "I wish I could divest myself of the idea that the North and South will not shake hands over a war with us[423]." Considering the bitterness of the quarrel in America this was a far-fetched notion. The efforts promptly made by the Confederate agents in London to make use of the Trent affair showed how little Cowley understood the American temper. Having remained very quiet since August when Russell had informed them that Great Britain intended remaining strictly neutral[424], they now, on November 27 and 30, renewed their argument and application for recognition, but received in reply a curt letter declining any official communication with them "in the present state of affairs[425]."