Mr. Adams. Her Majesty's proclamation and the language of her ministers in both houses have raised insurgents to the level of a belligerent state.
Lord Russell. I think more stress is laid upon these events than they deserve. It was a necessity to define the course of the government in regard to the participation of the subjects of Great Britain in the impending conflict. The legal officers were consulted. They said war de facto existed. Seven States were in open resistance.
Mr. Adams. But your action was very rapid. The new administration had been but sixty days in office. All departments were demoralized. The British government then takes the initiative, and decides practically it is a struggle of two sides, just as the country commenced to develop its power to cope with the rebellion. It considered the South a marine power before it had exhibited a single privateer on the ocean. The Greeks at the time of recognition had 'covered the sea with cruisers.'
Lord Russell (smiling yet more blandly). I cite you the case of the Fillmore government towards Kossuth and Hungary. Was not an agent sent to the latter country with a view to recognition?
Mr. Seward (aside). The proclamation, unmodified and unexplained, leaves us no alternative but to regard the government of Great Britain as questioning our free exercise of all the rights of self-defence guaranteed to us by our Constitution, and the laws of nature and of nations, to suppress insurrection. But now as to the propositions sent, viz. (1.) Privateering abolished. (2.) Neutral flag covers enemy's goods except contraband of war. (3.) Neutral goods safe under enemy's flag, with same exception. (4.) Effective blockades.
Mr. Adams (aside to Mr. Seward). It is to be agreed to, if there be received a written declaration by Great Britain, to accompany the signature of her minister,—'Her Majesty does not intend thereby to undertake any engagement which shall have any bearing, direct or indirect, on the internal differences now prevailing in the United States.'
Mr. Seward (still aside). I am instructed by the President to say it is inadmissible. (1.) It is virtually a new and distinct article incorporated into the projected convention. (2.) The United States must accede to the Declaration of the Congress of Paris on the same terms with other parties, or not at all. (3.) It is not mutual in effect, for it does not provide for a melioration of our obligations in internal differences now prevailing in, or which may hereafter arise in, Great Britain. (4.) It would permit a foreign power for the first time to take cognizance of, and adjust its relations upon, assumed internal and purely domestic differences. (5.) The general parties to the Paris convention can not adopt it as one of universal application.
Lord Russell. Touching the disagreements as to acquiescing in the Paris convention and the proposed modification, I ask to explain the reason of the latter. The United States government regards the confederates as rebels, and their privateersmen as pirates. We regard the [pg 206] confederates as belligerents. As between us and your government, privateering would be abolished. We would and could have no concurrent convention with the confederate power upon the subject. We would have in good faith to treat the confederate privateersmen as pirates. Yet we acknowledge them belligerents. Powers not a party to the convention may rightfully arm privateers. Hence, instead of an agreement, charges of bad faith and violation of a convention might be brought in the United States against us should we accept the propositions unreservedly.
Mr. Adams. Your Lordship's government adhere to the proposition of modification?
Lord Russell. Such are my instructions.