Great Britain and the American Civil War

by Ephraim Douglass Adams

Lyons was in fact sceptical, as he told Seward in a long conversation on April 29 of the possibility of blockading a 3,000 mile coast line, but Seward assured him it would be done and effectively[508]. The British press was equally sceptical, and in any case believed that the war would be of short duration, so that there need be no anxiety over next year's supply of cotton[509]. In Parliament Russell took the stand that the blockade, if carried on in accordance with international law and made effective, required British recognition and respect. He also defended Lincoln's "notification at the port" method, stating that it might seem a hardship, but was perfectly legal[510]. Thus there was early and easy acquiescence in the American effort, but when, in June, there was revived a Northern plan to close Southern ports by legislative action, Britain was stirred to quick and vigorous opposition. Lyons learned that a Bill would be introduced in Congress giving the President authority, among other powers, to "proclaim" the ports closed, thus notifying foreign nations not to attempt to use them. He saw in it an unexpected application of the Northern theory that the South was not a belligerent and had no rights as such, and he regarded it as in effect a paper blockade[511].

The fourth section of the Bill as introduced in Congress did not direct the President to issue a proclamation closing Southern ports--it merely gave him the power to do so. Almost from the first Lyons thought that Lincoln and Seward were too wise to issue such a proclamation[512]. Nevertheless it was his duty to be on guard and to oppose the plan. For six weeks there was much communication in regard to the "Southern Ports Bill," as all parties called it, from Russell to Lyons, and also with Cowley in France. The British Foreign Office interest in the matter, almost rising to excitement, is somewhat astonishing in view of the small importance evidently attached to the plan at Washington and the reluctance of France to be as vigorous as Great Britain in protest. Vigorous Russell certainly was, using a "high tone" in official remonstrance to America not unlike that taken by Seward on British recognition of Southern belligerency.

Immediately on learning of the introduction of the Bill Russell addressed enquiries to Cowley asking what France intended and urged a stiff protest. Thouvenel had not heard of the Bill and was seemingly indifferent. At first he acquiesced in Russell's protest, then drew back and on three separate occasions promised support only to withdraw such promise. He was disinclined, said Cowley, to join in a "friendly hint" to America because of the touchy sensibilities lately shown by Seward, and feared a direct protest might result in an American declaration of war. In any case why not wait until the President did act, and even then the proper method would be a protest rather than "reprisals." "I wish," wrote Cowley, on July 28, "that the French were inclined to be more bumptious, as they seemed to be at first. I would at all times rather have the task of calming them, than of urging them on[513]...." Nevertheless Russell on July 19 notified Lyons that England would not observe a "legislative closing" of Southern ports[514]. On July 12 Lyons telegraphed that the Bill had passed both Houses of Congress, and on the sixteenth he wrote privately to Russell that he was much disturbed over its possible consequences since "even Sumner was for it[515]," as this indicated a real intention to carry it into effect[516]. On August 8, Russell sent formal instructions of protest, a copy of which was to be handed to Seward, but the next day authorized Lyons to exercise discretion as to communicating the despatch[517].

The original form of this instruction, dated in June and revised in July, concluded with language that might well draw out Thouvenel's objection to a threat of "reprisals." It read that "H.M.G. ... reserve ... the right of acting in concert with other Nations in opposition to so violent an attack on the rights of Commercial Countries and so manifest a violation of International Law[518]." This high tone had been modified possibly by French opposition, possibly by Lyons' early opinion that the Bill would not be made operative. Indeed on July 24 Russell told Lyons that no final instruction of protest would be sent him until the President actually issued a proclamation[519]. Yet in spite of being fairly well assured that there was no danger in the "Southern Ports Bill," Russell did send the instruction of August 8, still distinctly "vigorous" in tone, though with no threat of "reprisals." His reason for doing so is difficult to understand. Certainly he was hardly serious in arguing to Thouvenel that a stiff instruction would strengthen the hands of the "moderate section" of the American Cabinet[520], or else he strangely misjudged American temperament. Probably a greater reason was his wish to be able to print a Parliamentary Paper indicating the watchful care he was exercising in guarding British interests.

Before Russell's instruction could reach America Seward had voluntarily reassured Lyons as to American intentions. Lyons reported this, privately, on July 20[521], but on the same day also reported, officially, that two days earlier, that is on the eighteenth, he and Mercier had discussed the "Southern Ports" Bill and that as a result Mercier had then gone, that same day, to Seward to state that France must regard such a measure as merely a paper blockade[522]. "We were not very sanguine of success," wrote Lyons, but Seward "had listened to him [Mercier] with calmness," and personally seemed disinclined to issue the required Proclamation. This despatch, making it appear that England and France were in close harmony and that Lyons and Mercier were having a difficult time at Washington was printed, later, in the Parliamentary Papers. It was received by Russell on August 5, and in spite of the reassurances of Lyons' private letter (naturally not for printing) presumably received in the same mail with the official despatch, it furnished the basis of his "strong" instruction of August 8.

At Washington also there were indications of an effort to prepare a good case for the British public and Parliament. July 23, so Lyons wrote privately, Seward had prevented the issue of the "Southern Ports" Proclamation[523], and on the next day he was shown by Seward, confidentially, an instruction to Adams and other Ministers abroad in which was maintained the right to close the ports by proclamation, but stating the Government's decision not to exercise the right. Lyons believed this was the end of the matter[524]. Yet on August 12, he presented himself formally at the Department of State and stated that he had instructions to declare that "Her Majesty's Government would consider a decree closing the ports of the South actually in possession of the insurgent or Confederate States as null and void, and that they would not submit to measures taken on the high seas in pursuance of such decree."... "Mr. Seward thanked me for the consideration I had shown; and begged me to confine myself for the present to the verbal announcement I had just made. He said it would be difficult for me to draw up a written communication which would not have the air of a threat." To this Lyons agreed[525].

This permitted a warmth-creating impression to Englishmen of the "forthright yet friendly" tone of British diplomats when dealing with Seward. So also did Russell's instruction of August 8, not yet received by Lyons when he took the stage at Washington. Yet there is a possibility that Lyons was in fact merely playing his part as Seward had asked him to play it. On the next day, August 13, he acknowledged the receipt of Russell's communication of July 24, in which it was stated that while Great Britain could not acquiesce in the "Southern Ports" Bill no final instructions would be sent until Lincoln issued a Proclamation. Lyons now explained, "As Mr. Seward is undoubtedly at this moment opposed to closing the Ports, I have thought it wiser to be guided by him for the present as to the mode of communicating your decision about the matter[526]." Is it possible that Seward really wished to have a "strong," yet not "too strong" statement from Lyons in order to combat the advocates of the "Ports" Bill? There are many ramifications of diplomatic policy--especially in a popular government. At any rate on August 16 Lyons could assure Russell that there "was no question now of issuing the Proclamation[527]." And on the nineteenth could write officially that a Proclamation based on the Bill had indeed been issued, but without the objectionable fourth section[528].

The whole affair of the "Southern Ports" Bill occupies more space in the British Parliamentary Papers, and excited more attention from the British Government than it would seem to have merited from the Washington attitude toward it. The Bill had been drawn by the Secretary of the Treasury, and its other sections related to methods of meeting a situation where former customs houses and places for the collection of import duties were now in the hands of the Confederacy. The fourth section alone implied a purpose to declare a paper blockade. The idea of proclaiming closed the Southern ports may have at first received the sanction of Seward as consistent with his denial of the existence of a war; or it may have been a part of his "high tone" foreign policy[529], but the more reasonable supposition is that the Bill was merely one of many ill-considered measures put forth in the first months of the war by the North in its spasm of energy seeking to use every and any public means to attack the South. But the interest attached to the measure in this work is the British attitude. There can be no doubt that Russell, in presenting papers to Parliament was desirous of making clear two points: first, the close harmony with France--which in fact was not so close as was made to appear; second, the care and vigour of the Foreign Secretary in guarding British interests. Now in fact British trade was destined to be badly hurt by the blockade, but as yet had not been greatly hampered. Nor did Russell yet think an effective blockade feasible. Writing to Lyons a week after his official protest on the "Southern Ports" Bill, he expressed the opinion that a "regular blockade" could not possibly prevent trade with the South:

"If our ships can go in ballast for cotton to the Southern Ports it will be well, but if this cannot be done by agreement there will be surely, in the extent of 3,000 miles, creeks and bays out of which small vessels may come, and run for Jamaica or the Bahamas where the cargoes might be transhipped. But it is not for Downing Street to suggest such plans to Cheapside and Tooley Street[530]."