CHAPTER VI

BULL RUN; CONSUL BUNCH; COTTON AND MERCIER

The diplomatic manoeuvres and interchanges recounted in the preceding chapter were regarded by Foreign Secretaries and Ministers as important in themselves and as indicative of national policy and purpose. Upon all parties concerned they left a feeling of irritation and suspicion. But the public knew nothing of the details of the inconclusive negotiation and the Press merely gave a hint now and then of its reported progress and ultimate failure. Newspapers continued to report the news from America in unaccustomed detail, but that news, after the attack on Fort Sumter, was for some time lacking in striking incident, since both sides in America were busily engaged in preparing for a struggle in arms for which neither was immediately prepared. April 15, Lincoln called for 75,000 volunteers, and three weeks later for 42,000 additional. The regular army was increased by 23,000 and the navy by 18,000 men. Naval vessels widely scattered over the globe, were instructed to hasten their home-coming. By July 1 Lincoln had an available land force, however badly trained and organized, of over 300,000, though these were widely scattered from the Potomac in the east to the Missouri in the west.

In the South, Davis was equally busy, calling at first for 100,000 volunteers to wage defensive battle in protection of the newly-born Confederacy. The seven states already in secession were soon joined, between May 4 and June 24, by four others, Arkansas, Virginia, North Carolina and Tennessee in order, but the border states of Maryland, Kentucky, and Missouri, though strongly sympathetic with the rest of the South, were held to the Union by the "border state policy" of Lincoln, the first pronouncement of which asserted that the North had no purpose of attacking slavery where it existed, but merely was determined to preserve the Union. The Northern Congress, meeting in extra session on July 4, heartily approved Lincoln's emergency measures. It authorized an army of 500,000, provided for a loan of $200,000,000, sanctioned the issue of $50,000,000 in Treasury notes and levied new taxes, both direct and by tariffs to meet these expenditures.

In the months preceding the attack on Sumter the fixed determination of the South to secede and the uncertainty of the North had led the British press to believe that the decision rested wholly with the South. Now the North by its preparations was exhibiting an equally fixed determination to preserve the Union, and while the British press was sceptical of the permanence of this determination, it became, for a short time, until editorial policy was crystallized, more cautious in prophecy. The Economist on May 4 declared that the responsibility for the "fatal step" rested wholly on Southern leaders because of their passionate desire to extend the shameful institution of which they were so proud, but that the North must inevitably, by mere weight of population and wealth, be the victor, though this could not conceivably result in any real reunion, rather in a conquest requiring permanent military occupation. Southern leaders were mad: "to rouse by gratuitous insult the mettle of a nation three times as numerous and far more than three times as powerful, to force them by aggressive steps into a struggle in which the sympathy of every free and civilized nation will be with the North, seems like the madness of men whose eyes are blinded and hearts hardened by the evil cause they defend."

Two weeks later, the Economist, while still maintaining the justice of the Northern cause, though with lessened vigour, appealed to the common sense of the North to refrain from a civil war whose professed object was unattainable. "Everyone knows and admits that the secession is an accomplished, irrevocable, fact.... Even if the North were sure of an easy and complete victory—short, of course, of actual subjugation of the South (which no one dreams of)—the war which was to end in such a victory would still be, in the eyes of prudence and worldly wisdom, an objectless and unprofitable folly[319]." But by the middle of June the American irritation at the British Proclamation of Neutrality, loudly and angrily voiced by the Northern press, had caused a British press resentment at this "wilful misrepresentation and misjudgment" of British attitude. "We do believe the secession of the Slave States to be a fait accompli—a completed and irreversible transaction. We believe it to be impossible now for the North to lure back the South into the Union by any compromise, or to compel them back by any force." "If this is an offence it cannot be helped[320]."

The majority of the London papers, though not all, passed through the same shifts of opinion and expression as the Economist; first upbraiding the South, next appealing to the North not to wage a useless war, finally committing themselves to the theory of an accomplished break-up of the Union and berating the North for continuing, through pride alone, a bloody conflict doomed to failure. Meanwhile in midsummer attention was diverted from the ethical causes at issue by the publication in the Times of Motley's letter analysing the nature of the American constitution and defending the legal position of the North in its resistance to secession. Motley wrote in protest against the general British press attitude: "There is, perhaps, a readiness in England to prejudge the case; a disposition not to exult in our downfall, but to accept the fact[321]...."

He argued the right and the duty of the North to force the South into subjection. "The right of revolution is indisputable. It is written on the record of our race. British and American history is made up of rebellion and revolution.... There can be nothing plainer, then, than the American right of revolution. But, then, it should be called revolution." "It is strange that Englishmen should find difficulty in understanding that the United States Government is a nation among the nations of the earth; a constituted authority, which may be overthrown by violence, as may be the fate of any state, whether kingdom or republic, but which is false to the people if it does not its best to preserve them from the horrors of anarchy, even at the cost of blood."

Motley denied any right of peaceful secession, and his constitutional argument presented adequately the Northern view. But he was compelled also to refer to slavery and did so in the sense of Lincoln's inaugural, asserting that the North had no purpose of emancipating the slaves. "It was no question at all that slavery within a state was sacred from all interference by the general government, or by the free states, or by individuals in those states; and the Chicago Convention [which nominated Lincoln] strenuously asserted that doctrine." Coming at the moment when the British press and public were seeking ground for a shift from earlier pro-Northern expressions of sympathy to some justification for the South, it may be doubted whether Motley's letter did not do more harm than good to the Northern cause. His denial of a Northern anti-slavery purpose gave excuse for a, professedly, more calm and judicial examination of the claimed Southern right of secession, and his legal argument could be met, and was met, with equally logical, apparently, pro-Southern argument as to the nature of the American constitution. Thus early did the necessity of Lincoln's "border state policy"—a policy which extended even to warnings from Seward to American diplomats abroad not to bring into consideration the future of slavery—give ground for foreign denial that there were any great moral principles at stake in the American conflict.

In the meantime the two sections in America were busily preparing for a test of strength, and for that test the British press, reporting preparations, waited with interest. It came on July 21 in the first battle of Bull Run, when approximately equal forces of raw levies, 30,000 each, met in the first pitched battle of the war, and where the Northern army, after an initial success, ultimately fled in disgraceful rout. Before Bull Run the few British papers early taking strong ground for the North had pictured Lincoln's preparations as so tremendous as inevitably destined to crush, quickly, all Southern resistance. The Daily News lauded Lincoln's message to Congress as the speech of a great leader, and asserted that the issue in America was for all free people a question of upholding the eternal principles of liberty, morality and justice. "War for such a cause, though it be civil war, may perhaps without impiety be called 'God's most perfect instrument in working out a pure intent[322].'" The disaster to the Northern army, its apparent testimony that the North lacked real fighting men, bolstered that British opinion which regarded military measures against the South as folly—an impression reinforced in the next few months by the long pause by the North before undertaking any further great effort in the field. The North was not really ready for determined war, indeed, until later in the year. Meanwhile many were the moralizations in the British press upon Bull Run's revelation of Northern military weakness.

Probably the most influential newspaper utterances of the moment were the letters of W.H. Russell to the Times. This famous war-correspondent had been sent to America in the spring of 1861 by Delane, editor of the Times, his first letter, written on March 29, appearing in the issue of April 16. He travelled through the South, was met everywhere with eager courtesy as became a man of his reputation and one representing the most important organ of British public opinion, returned to the North in late June, and at Washington was given intimate interviews by Seward and other leaders. For a time his utterances were watched for, in both England and America, with the greatest interest and expectancy, as the opinions of an unusually able and thoroughly honest, dispassionate observer. He never concealed his abhorrence of slavery, terming apologists of that institution "the miserable sophists who expose themselves to the contempt of the world by their paltry theiscles on the divine origin and uses of Slavery[323]...." and writing "day after day ... the impression of my mind was strengthened that 'States Rights' meant protection to slavery, extension of slave territory, and free-trade in slave produce with the other world[324]." But at the same time he depicted the energy, ability, and determination of the South in high colours, and was a bit doubtful of similar virtues in the North. The battle of Bull Run itself he did not see, but he rode out from Washington to meet the defeated army, and his description of the routed rabble, jostling and pushing, in frenzy toward the Capitol, so ridiculed Northern fighting spirit as to leave a permanent sting behind it. At the same time it convinced the British pro-Southern reader that the Northern effort was doomed to failure, even though Russell was himself guarded in opinion as to ultimate result. "'What will England and France think of it?' is the question which is asked over and over again," wrote Russell on July 24[325], expatiating on American anxiety and chagrin in the face of probable foreign opinion. On August 22 he recorded in his diary the beginnings of the American newspaper storm of personal attack because of his description of the battle in the Times—an attack which before long became the alleged cause of his recall by Delane[326]. In fact Russell's letters added nothing in humiliating description to the outpourings of the Northern press, itself greedily quoted by pro-Southern foreign papers. The impression of Northern military incapacity was not confined to Great Britain—it was general throughout Europe, and for the remainder of 1861 there were few who ventured to assert a Northern success in the war[327].

Official Britain, however, saw no cause for any change in the policy of strict neutrality. Palmerston commented privately, "The truth is, the North are fighting for an Idea chiefly entertained by professional politicians, while the South are fighting for what they consider rightly or wrongly vital interests," thus explaining to his own satisfaction why a Northern army of brave men had chosen to run away[328], but the Government was careful to refrain from any official utterances likely to irritate the North. The battle served, in some degree, to bring into the open the metropolitan British papers which hitherto professing neutrality and careful not to reveal too openly their leanings, now each took a definite stand and became an advocate of a cause. The Duke of Argyll might write reassuringly to Mrs. Motley to have no fear of British interference[329], and to Gladstone (evidently controverting the latter's opinion) that slavery was and would continue to be an object in the war[330], but the press, certainly, was not united either as to future British policy or on basic causes and objects of the war. The Economist believed that a second Southern victory like Bull Run, if coming soon, would "so disgust and dishearten the shouters for the Union that the contest will be abandoned on the instant.... Some day, with scarcely any notice, we may receive tidings that an armistice has been agreed upon and preliminaries of peace have been signed[331]." John Bright's paper, the Morning Star, argued long and feverishly that Englishmen must not lose sight of the fact that slavery was an issue, and made appeal for expressions, badly needed at the moment, of pro-Northern sympathy[332]. To this John Bull retorted:

"Nothing can be clearer than this, that black slavery has nothing whatever to do with this Civil War in America.... The people of America have erected a political idol. The Northerners have talked and written and boasted so much about their Republic that they have now become perfectly furious to find that their idol can be overthrown, and that the false principles upon which the American Republic is built should be exhibited to the world, that their vaunted democracy should be exposed as a mere bubble or a piece of rotten timber, an abominable and worthless tyranny of the sovereign mob[333]."

Here was an early hint of the future of democracy as at issue[334]. John Bull, the "country squire's paper," might venture to voice the thought, but more important papers were still cautious in expressing it. W.H. Russell, privately, wrote to Delane: "It is quite obvious, I think, that the North will succeed in reducing the South[335]." But Delane permitted no such positive prophecy to appear in the Times. Darwin is good testimony of the all-prevalent British feeling: "I hope to God we English are utterly wrong in doubting whether the North can conquer the South." "How curious it is that you seem to think that you can conquer the South; and I never meet a soul, even those who would most wish it, who think it possible—that is, to conquer and retain it[336]."

In September, after the first interest in Bull Run had waned, there appeared several books and articles on the American question which gave opportunity for renewal of newspaper comment and controversy. A Dr. Lempriere, "of the Inner Temple, law fellow of St. John's College, Oxford," published a work, The American Crisis Considered, chiefly declamatory, upholding the right of Southern secession, stating that no one "who has the slightest acquaintance with the political action of history would term the present movement rebellion." With this the Spectator begged leave to differ[337]. The Saturday Review acknowledged that a prolonged war might force slavery and emancipation to the front, but denied them as vital at present, and offered this view as a defence against the recrimination of Mrs. Harriet Beecher Stowe, who had accused the paper of unfair treatment in a review of her pamphlet exhibiting emancipation as the object of the North. Under the caption, "Mrs. Beecher Stowe's Wounded Feelings," the Saturday Review avowed disbelief in the existence of a "Holy War" in America. "The North does not proclaim abolition and never pretended to fight for anti-slavery. The North has not hoisted for its oriflamme the Sacred Symbol of Justice to the Negro; its cri de guerre is not unconditional emancipation." "The Governmental course of the British nation ... is not yet directed by small novelists and their small talk[338]." Thomas Hughes also came in for sarcastic reference in this article, having promptly taken up the cudgels for Mrs. Stowe. He returned to the attack through the columns of the Spectator, reasserting slavery as an issue and calling on Englishmen to put themselves in the place of Americans and realize the anger aroused by "deliberate imputations of mean motives," and by the cruel spirit of the utterances. A nation engaged in a life and death struggle should not be treated in a tone of flippant and contemptuous serenity. The British press had chosen "to impute the lowest motives, to cull out and exult over all the meanness, and bragging, and disorder which the contest has brought out, and while we sit on the bank, to make no allowances for those who are struggling in the waves[339]."

Besides the Spectator, on the Northern side, stood the Daily News, declaring that the South could not hold out, and adding, "The Confederate States may be ten millions, but they are wrong—notoriously, flagrantly wrong[340]." The Daily News, according to its "Jubilee" historians, stood almost alone in steadfast advocacy of the Northern cause[341]. This claim of unique service to the North is not borne out by an examination of newspaper files, but is true if only metropolitan dailies of large circulation are considered. The Spectator was a determined and consistent friend of the North. In its issue of September 28 a speech made by Bulwer Lytton was summarized and attacked. The speaker had argued that the dissolution of the Union would be beneficial to all Europe, which had begun to fear the swollen size and strength of the young nation across the Atlantic. He hoped that the final outcome would be not two, but at least four separate nations, and stated his belief that the friendly emulation of these nations would result for Americans in a rapid advance in art and commerce such as had been produced in the old commonwealths of Greece. The Spectator answered that such a breaking up of America was much more likely to result in a situation comparable to that in South America, inquired caustically whether Bulwer Lytton had heard that slavery was in question, and asserted that his speech presumably represented the official view of the Tories, and embodied that of the English governing class[342].

In press utterances during the autumn and early fall of 1861 there is little on British policy toward America. Strict neutrality is approved by all papers and public speakers. But as the months passed without further important military engagements attention began to be directed toward the economic effects on England of the war in America and to the blockade, now beginning to be made effective by the North. The Saturday Review, though pro-Southern, declared for neutrality, but distinguished between strict observance of the blockade and a reasonable recognition of the de facto government of the Confederacy "as soon as the Southern States had achieved for their independence that amount of security with which Great Britain had been satisfied in former cases[343]." But another article in the same issue contained a warning against forcibly raising the blockade since this must lead to war with the North, and that would commend itself to no thoughtful Englishman. Two weeks later appeared a long review of Spence's American Union, a work very influential in confirming British pro-Southern belief in the constitutional right of the South to secede and in the certainty of Southern victory. Spence was "likely to succeed with English readers, because all his views are taken from a thoroughly English standpoint[344]." The week following compliments are showered upon the "young professor" Montague Bernard for his "Two Lectures on the Present American War," in which he distinguished between recognition of belligerency and recognition of sovereignty, asserting that the former was inevitable and logical. The Saturday Review, without direct quotation, treated Bernard as an advocate also of the early recognition of Southern independence on the ground that it was a fait accompli, and expressed approval[345].

These few citations, taken with intent from the more sober and reputable journals, summarize the prevailing attitude on one side or the other throughout the months from June to December, 1861. All publications had much to say of the American struggle and varied in tone from dignified criticism to extreme vituperation, this last usually being the resort of lesser journals, whose leader writers had no skill in "vigorous" writing in a seemingly restrained manner. "Vigorous" leader writing was a characteristic of the British press of the day, and when combined with a supercilious British tone of advice, as from a superior nation, gave great offence to Americans, whether North or South. But the British press was yet united in proclaiming as correct the governmental policy of neutrality, and in any event Motley was right in stating "the Press is not the Government," adding his opinion that "the present English Government has thus far given us no just cause of offence[346]." Meanwhile the Government, just at the moment when the Declaration of Paris negotiation had reached an inglorious conclusion, especially irritating to Earl Russell, was suddenly plunged into a sharp controversy with the United States by an incident growing out of Russell's first instructions to Lyons in regard to that negotiation and which, though of minor importance in itself, aroused an intensity of feeling beyond its merits. This was the recall by Seward of the exequatur of the British consul Bunch, at Charleston, South Carolina.

It will be remembered that in his first instruction to Lyons on the Declaration of Paris Russell had directed that Bunch, at Charleston, be commissioned to seek a Southern official acceptance of the binding force of the second and third articles, but that Lyons and Mercier, fearing Seward's irritation, had hesitated to proceed in the matter. Later Russell had recalled his instructions, but before this recall could reach Lyons the latter had decided to act[347]. On July 5 Lyons gave explicit directions to Bunch not to approach the Confederate Government directly, but to go to Governor Pickens of South Carolina and explain the matter to him verbally, adding "you should act with great caution, in order to avoid raising the question of the recognition of the new Confederation by Great Britain." Unfortunately Lyons also wrote, "I am authorized by Lord John Russell to confide the negotiation on this matter to you," thus after all implying that a real negotiation with the South was being undertaken. On the same day Mercier sent similar instructions to St. Andre, the French Acting-Consul at Charleston[348]. Bunch received Lyons' official letter on July 19[349], together with a private one of July 5, emphasizing that Bunch was to put nothing in writing, and that he and his French colleagues were to keep the names of Lyons and Mercier out of any talk, even, about the matter. Bunch was to talk as if his instructions came directly from Russell. Lyons hoped the South would be wise enough not to indulge in undue publicity, since if "trumpeted" it might elicit "by such conduct some strong disavowal from France and England." Both the official and the private letter must, however, have impressed Bunch with the idea that this was after all a negotiation and that he had been entrusted with it[350].

Bunch, whose early reports had been far from sympathetic with the Southern cause, had gradually, and quite naturally from his environment, become more friendly to it[351]. He now acted with promptness and with some evident exultation at the importance given him personally. In place of Governor Pickens an experienced diplomat, William Henry Trescott, was approached by Bunch and Belligny, who, not St. Andre, was then the French agent at Charleston[352]. Trescott went directly to President Davis, who at once asked why the British proposal had not been made through the Confederate Commissioners in London, and who somewhat unwillingly yielded to Trescott's urging. On August 13 the Confederate Congress resolved approval of the Declaration of Paris except for the article on privateering[353]. Bunch took great pride in the secrecy observed. "I do not see how any clue is given to the way in which the Resolutions have been procured.... We made a positive stipulation that France and England were not to be alluded to in the event of the compliance of the Confederate Govt.[354]," he wrote Lyons on August 16. But he failed to take account either of the penetrating power of mouth-to-mouth gossip or of the efficacy of Seward's secret agents. On this same day, August 16, Lyons reported the arrest in New York, on the fourteenth, of one Robert Mure, just as he was about to take passage for Liverpool carrying a sealed bag from the Charleston consulate to the British Foreign Office, as well as some two hundred private letters. The letters were examined and among them was one which related Bunch's recent activities and stated that "Mr. B., on oath of secrecy, communicated to me also that the first step of recognition was taken[355]." The sealed bag was sent unopened to be handed by Adams to Russell with an enquiry whether in fact it contained any papers on the alleged "negotiation" with the South.

Bunch had issued to Mure a paper which the latter regarded as a passport, as did the United States. This also was made matter of complaint by Adams, when on September 3 the affair was presented to Russell. America complained of Bunch on several counts, the three principal ones being (1) that he had apparently conducted a negotiation with the Confederacy, (2) that he had issued a passport, not countersigned by the Secretary of State as required by the United States rules respecting foreign consuls, (3) that he had permitted the person to whom this passport was issued to carry letters from the enemies of the United States to their agents abroad. On these grounds the British Government was requested to remove Bunch from his office. On first learning of Mure's arrest Lyons expressed the firm belief that Bunch's conduct had been perfectly proper and that the sealed bag would be found to contain nothing supporting the suspicion of the American Government[356]. The language used by Lyons was such as to provide an excellent defence in published despatches, and it was later so used. But privately neither Lyons nor Russell were wholly convinced of the correctness of Bunch's actions. Bunch had heard of Mure's arrest on August 18, and at once protested that no passport had been given, but merely a "Certificate to the effect that he [Mure] was a British Merchant residing in Charleston" on his way to England, and that he was carrying official despatches to the Foreign Office[357]. In fact Mure had long since taken out American citizenship papers, and the distinction between passport and certificate seems an evasion. Officially Lyons could report "it is clear that Mr. Robert Mure, in taking charge of the letters which have been seized, abused Mr. Bunch's confidence, for Mr. Bunch had positive instructions from me not to forward himself any letters alluding to military or political events, excepting letters to or from British officials[358]." This made good reading when put in the published Parliamentary Papers. But in reality the sending of private letters by messenger also carrying an official pouch was no novelty. Bunch had explained to Lyons on June 23 that this was his practice on the ground that "there is really no way left for the merchants but through me. If Mr. Seward objects I cannot help it. I must leave it to your Lordship and H.M.'s Government to support me. My own despatch to Lord J. Russell I must send in some way, and so I take the responsibility of aiding British interests by sending the mercantile letters as well[359]." And in Bunch's printed report to Lyons on Mure's arrest, his reply as to the private letters was, "I could not consider him [Mure] as being disqualified from being the bearer of a bag to Earl Russell, by his doing what everyone who left Charleston was doing daily[360]...."

Officially Lyons, on September 2, had reported a conversation with Belligny, the French Consul at Charleston, now in Washington, writing, "I am confirmed in the opinion that the negotiation, which was difficult and delicate, was managed with great tact and good judgment by the two Consuls[361]." But this referred merely to the use of Trescott and its results, not to Bunch's use of Mure. The British Government was, indeed, prepared to defend the action of its agents in securing, indirectly, from the South, an acknowledgment of certain principles of international law. Russell did not believe that Lincoln was "foolhardy enough to quarrel with England and France," though Hammond (Under Secretary of Foreign Affairs) "is persuaded that Seward wishes to pick a quarrel[362]." Enquiry was promptly made of France, through Cowley, as to her stand in the matter of the consuls at Charleston, Russell intimating by an enquiry (later printed in the Parliamentary Papers), as to the initiation of the Declaration of Paris negotiations, that it was Thouvenel who had first suggested the approach to the South through the Consuls[363]. This was an error of memory[364], and Cowley was perturbed by Thouvenel's reticence in reply to the main question. The latter stated that if a like American demand were made on France "undoubtedly he could not give up an Agent who had done no more than execute the orders entrusted to him[365]." This looked like harmony, but the situation for the two countries was not the same as no demand had been made for the recall of Belligny. Cowley was, in reality, anxious and suspicious, for Thouvenel, in conversation, attributed Seward's anger to Bunch's alleged indiscretions in talk, and made it clear that France would not "stand by" unless Seward should protest to France against the fact of a communication (not a negotiation) having been held with the Confederacy[366]. Before the French reply was secured Russell had prepared but not sent an answer to Adams, notifying him that the bag from Bunch, on examination, was found not to contain "correspondence of the enemies of the Government of the United States" as had been suspected, and transmitting a copy of Bunch's explanation of the reason for forwarding private letters[367]. In another letter to Adams of the same date Russell avowed the Government's responsibility for Bunch's action on the Declaration of Paris, and declined to recall him, adding:

"But when it is stated in a letter from some person not named, that the first step to the recognition of the Southern States by Great Britain has been taken, the Undersigned begs to decline all responsibility for such a statement.

"Her Majesty's Government have already recognized the belligerent character of the Southern States, and they will continue to recognize them as belligerents. But Her Majesty's Government have not recognized and are not prepared to recognize the so-called Confederate States as a separate and independent State[368]."

Adams received Russell's two notes on September 13[369], and merely stated that they would be despatched by the next steamer. That Russell was anxious is shown by a careful letter of caution to Lyons instructing him if sent away from Washington "to express in the most dignified and guarded terms that the course taken by the Washington Government must be the result of a misconception on their part, and that you shall retire to Canada in the persuasion that the misunderstanding will soon cease, and the former friendly relations be restored[370]." Meantime Russell was far from satisfied with Bunch, writing Lyons to inform him that the "statements made in regard to his proceedings require explanation[371]." The failure of Seward to demand Belligny's recall worried Russell. He wrote to Palmerston on September 19, "I cannot believe that the Americans, having made no demand on the French to disavow Belligny, or Baligny, will send away Lyons," and he thought that Seward ought to be satisfied as England had disavowed the offensive part of Bunch's supposed utterances. He was not in favour of sending reinforcements to the American stations: "If they do not quarrel about Bunch, we may rest on our oars for the winter[372]." There was nothing further to do save to wait Seward's action on receipt of the British refusal to recall Bunch. At this moment Lyons at Washington was writing in a hopeful view of "avoiding abstract assertions of principles," but accustoming the North to the practice of British recognition of Southern belligerent rights[373]. Lyons believed that Seward would not go further than to withdraw Bunch's exequatur, but he was anxious for the return of Mercier (long absent with Prince Napoleon), since "our position is unluckily not exactly the same with that of France[374]." On October 12 Lyons conferred at length with Seward on the Bunch matter, as usual, privately and unofficially. Seward dwelt on a letter just received from Motley assuring him that Great Britain was not "unfriendly to the United States," and "appeared anxious not to pick a quarrel, yet hardly knowing how to retract from his original position." Lyons told Seward that it would be "impossible to carry on the Diplomatic business ... on the false hypothesis that the United States Government" did not know England and France had recognized the belligerent rights of the South, and he urged Russell to get from France an open acknowledgment, such as England has made, that she "negotiated" with the Confederacy. Lyons thought Mercier would try to avoid this, thus seeking to bring pressure on the British Government to adopt his plan of an early recognition of Southern independence. Like Cowley, Lyons was disturbed at the French evasion of direct support in the Bunch affair[375].

Bunch's formal denial to Lyons of the charges made against him by the United States was confined to three points; he asserted his disbelief that Mure carried any despatches from the de facto government at Richmond; he protested that "there was not one single paper in my bag which was not entirely and altogether on Her Majesty's service"; and he explained the alleged "passport" was not intended as such, but was merely "a certificate stating that Mr. Mure was charged by me with despatches," but he acknowledged that in the certificate's description of Mure as a "British merchant" a possible error had been committed, adding, however, that he had supposed anyone would understand, since the words "British subject" had not been used, that Mure was in reality a naturalized citizen of America[376]. This explanation was received by Russell on October 21. Lyons' comment on Bunch's explanation, made without knowledge of what would be Seward's final determination, was that if Bunch had any further excuses to make about the private letters carried by Mure he should drop two weak points in his argument. "I mean the distinction between B. merchant and B.S., and the distinction between a document requesting that the bearer 'may be permitted to pass freely and receive all proper protection and assistance' and a passport[377]." Russell, on receipt of Bunch's explanation was also dissatisfied, first because Bunch had violated Lyons' instructions against entrusting despatches to persons carrying private correspondence, and second, because Bunch "gives no distinct denial" to the newspaper stories that he had gossiped about his activities and had stated them to be "a first step toward recognition[378]." These criticisms were directed entirely to Bunch's conduct subsequent to the overture to the South; on the propriety of that act Russell supported Bunch with vigour[379]. October 26, Seward read to Lyons the instruction to Adams on the revocation of Bunch's exequatur. The ground taken for this, reported Lyons, was an evasion of that charge of communicating with the South for which Russell had avowed responsibility, and a turning to the charge that Bunch was personally unacceptable longer to the United States because of his partisanship to the South, as evidenced by various acts and especially as shown by his reported assertion that Great Britain had taken "a first step to recognition." "Never," wrote Lyons, "were serious charges brought upon a slighter foundation." "No one who has read Mr. Bunch's despatches to your Lordship and to me can consider him as in the least degree a partisan of the Southern cause." "When Mr. Seward had finished reading the despatch I remained silent. After a short pause I took leave of him courteously, and withdrew[380]."

As will have been noted, Lyons had foreseen the American decision against Bunch on purely personal grounds, had been relieved that this would be the issue, and had fore-warned Russell. His despatch just cited may be regarded as a suggestion of the proper British refutation of charges, but with acceptance of the American decision. Nevertheless he wrote gloomily on the same day of future relations with the United States[381]. At the same time Russell, also foreseeing Seward's action, was not disturbed. He thought it still "not off the cards that the Southern Confederates may return to the Union.... Our conduct must be strictly neutral, and it will be[382]." Upon receipt of Lyons' despatch and letter of October 28 Russell wrote to Palmerston, "I do not attach much importance to this letter of Lyons. It is the business of Seward to feed the mob with sacrifices every day, and we happen to be the most grateful food he can offer[383]." For Russell saw clearly that Great Britain could not object to the removal of Bunch on the purely personal grounds alleged by Seward. There followed in due course the formal notification by Adams on November 21, just six days before he learned of the Trent affair, which had occurred on November 8. That alarming incident no doubt coloured the later communications of both parties, for while both Adams and Russell indulged in several lengthy argumentative papers, such as are dear to the hearts of lawyers and diplomats, the only point of possible further dispute was on the claim of Great Britain that future occasions might arise where, in defence of British interests, it would be absolutely necessary to communicate with the Confederacy. Adams acknowledged a British duty to protect its citizens, but reasserted the American right to dismiss any British agent who should act as Bunch had done. On December 9, Russell closed the matter by stating that he did "not perceive that any advantage would be obtained by the continuance of this correspondence[384]." Bunch was expected to leave Charleston as soon as a safe conveyance could be provided for him, but this was not immediately forthcoming. In fact he remained at Charleston until February, 1863, actively engaged, but official papers were signed by his vice-consul. In the excitement over the Trent, he seems rapidly to have disappeared from the official as he did from the public horizon[385].

The Bunch controversy, seemingly of no great importance in so far as the alleged personal grounds of complaint are concerned, had its real significance in the effort of Great Britain to make contact with the Southern Government—an effort incautiously entered upon, and from which an attempt to withdraw had come too late. The result was British assertion of a right in case of necessity to make such contact, having recognized the South as a belligerent, but a discontinuance of the practice, under the American protest[386]. While this controversy was in progress the attention of the British Government was directed to a proposal urged by Mercier upon Lyons in Washington, which appeared to have the support of the French Government. On September 30, Mercier, so Lyons reported, had received a private letter from Thouvenel expressing great concern over the prospective scarcity of cotton from America, due to the blockade, and asking Mercier's advice. The latter now informed Lyons that his reply had outlined the following steps: first, complete harmony of action between England and France; second, recognition of Southern independence; third, refusal longer to recognize the blockade; fourth, England and France to be alert to seize the "favourable moment," when the North became disheartened, the present moment not being a good one[387]. This policy Mercier thought so "bold" that the North would be deterred from declaring war. The two diplomats held long argument over this suggestion. Lyons acknowledged the general pressure for cotton, but thought there was no need of great alarm as yet and also advanced the idea that in the end Europe would benefit by being forced to develop other sources of supply, thus being freed from such exclusive dependence on the United States. Mercier answered that France was in dire need and could not wait and he urged that mere recognition of the South would not secure cotton—it was necessary also to break the blockade. In comment to Russell, Lyons agreed that this was true, but thought the fact in itself an argument against accepting Mercier's ideas: "The time is far distant when the intervention of England and France in the quarrel would be welcomed, or, unless under compulsion, tolerated by the American peoples." The South had not yet "gone far enough in establishing its independence to render a recognition of it either proper or desirable for European powers," and he stated with emphasis that recognition would not end the war unless there was also an alliance with the South[388].

In the British Cabinet also, at this same time, attention was being directed to the question of cotton, not, primarily, by any push from the British manufacturing interest, but because of queries addressed to it by the French Minister in London. Russell wrote to Palmerston, referring to the inquiry of Flahault, "I agree with you that the cotton question may become serious at the end of the year," but he added that Lindsay had informed him that in any case cotton could not be brought in the winter-time from the interior to the Southern ports[389]. In truth any serious thought given at this time to the question of cotton appears to be the result of the French arguments at London and Washington advocating a vigorous American policy. October 19, Lyons and Mercier renewed debate on exactly the same lines as previously, Mercier this time reading to Lyons an instruction from Thouvenel and his reply. Lyons insisted that the North would most certainly declare war on any power that recognized the South and asserted that such a war would cause more suffering many times than all the suffering now caused by the shortage of cotton. Yet Lyons felt compelled to use caution and conciliation in dealing with Mercier, because of the desire to preserve close harmony of attitude[390]. A few clays later Lyons' comments seemed wholly justified when Mercier reported to him the tone of a conversation with Seward, after having left with him a copy of Thouvenel's instruction. Seward said plainly that the United States would go to war with any foreign power that tried to interfere and that the only way in which France could get cotton was by a Northern conquest of the South. He acknowledged that the United States might be defeated, but he informed Mercier that France would at least know there had been a war. On his part Mercier told Seward that in his opinion there was but one possible outcome in America—separation—and that he had advised Thouvenel that the true policy of England and France was to recognize the South and "bring about a peaceful separation." Lyons' comment to Russell is that Seward had certainly taken a "high" tone—evident justification of Lyons' previously expressed opinion. Seward had been very eager to learn whether England knew of Thouvenel's instruction, to which Mercier replied "no," and was now anxious that Russell should not reveal to Adams that Lyons had known the contents before delivery to Seward—a caution with which Lyons was very content[391].

Lyons' first report of Mercier's ideas had been received in London at a rather critical moment. On October 17, just after Adams' complaint about Bunch and Russell's answer, while waiting to see whether Seward would magnify that incident into a cause of rupture, and four days before Bunch's "unsatisfactory explanation" had been received, Russell wrote to Palmerston:

"There is much good sense in Mercier's observations. But we must wait. I am persuaded that if we do anything, it must be on a grand scale. It will not do for England and France to break a blockade for the sake of getting cotton. But, in Europe, powers have often said to belligerents, Make up your quarrels. We propose to give terms of pacification which we think fair and equitable. If you accept them, well and good. But, if your adversary accepts them and you refuse them, our mediation is at an end, and you may expect to see us your enemies. France would be quite ready to hold this language with us.

"If such a policy were to be adopted the time for it would be the end of the year, or immediately before the meeting of Parliament[392]."

Apparently Russell under the irritations of the moment was somewhat carried away by Mercier's suggestion. That it was but a briefly held thought has been shown by expressions from him already cited[393]. Nor was he alone in ministerial uncertainty[394], but Palmerston was not inclined to alter British policy. October 18, he replied to Russell:

"As to North America, our best and true policy seems to be to go on as we have begun, and to keep quite clear of the conflict between North and South.... The only excuse [for intervention] would be the danger to the intervening parties if the conflict went on; but in the American case this can not be pleaded by the Powers of Europe.

"I quite agree with you that the want of cotton would not justify such a proceeding, unless, indeed, the distress created by that want was far more serious than it is likely to be. The probability is that some cotton will find its way to us from America, and that we shall get a greater supply than usual from other quarters.

"The only thing to do seems to be to lie on our oars and to give no pretext to the Washingtonians to quarrel with us, while, on the other hand, we maintain our rights and those of our fellow countrymen[395]."

In Washington the result of Mercier's conversation with Seward, outlining Thouvenel's suggestions, was a long and carefully prepared despatch to Dayton, in Paris, which the biographer of Seward thinks was one of his "great despatches; perhaps it was his greatest, if we consider his perfect balance and the diplomatic way in which he seemed to ignore what was menacing, while he adroitly let Thouvenel see what the result would be if the implied threats should be carried out[396]." Seward argued with skill the entire matter of cotton, but he was none the less firm in diplomatic defiance of foreign intervention. Since Great Britain had taken no part in the French scheme—a point which Seward was careful to make clear to Dayton—the despatch needs no expanded treatment here. Its significance is that when reported to Lyons by Mercier (for Seward had read it to the latter) the British Minister could pride himself on having already pointed out to both Mercier and Russell that Seward's line was exactly that which he had prophesied. Mercier again was very anxious that his confidences to Lyons should not become known, and Lyons was glad indeed to be wholly free from any share in the discussion[397].

Two days after thus describing events, Lyons, on November 6, had still another communication, and apparently a last on this topic, with Mercier, in which the two men again went over the whole ground of national policy toward America, and in which their divergent views became very apparent. The arguments were the same, but expressed with more vigour. Mercier seems, indeed, to have attempted to "rush" Lyons into acquiescence in his policy. Lyons finally observed to him that he "had no reason to suppose that Her Majesty's Government considered the time was come for entertaining at all the question of recognizing the South" and asked what good such a step would do anyway. Mercier replied that he did not believe that the North would declare war, and so it would be a step toward settlement. To this Lyons took positive exception[398]. Lyons' report of this conversation was written on November 8, a date which was soon to stand out as that on which occurred an event more immediately threatening to British-American relations than any other during the Civil War.

The battle of Bull Run had left on British minds an impression of Northern incapacity in war—even a doubt of Northern courage and determination. On August 19 the Declaration of Paris negotiation, a favourable result from which was eagerly desired by Russell, had failed, as he well knew when he attached to the convention that explanatory statement limiting its action in point of time. In the end Russell felt that Britain had just escaped a "trap." Two weeks after this Russell learned of the arrest of Mure, and soon of the demand for Bunch's recall, finally and formally made by Adams on November 21. Just six days later, on November 27, London heard of the Trent affair of November 8. It is small wonder that Russell and his colleagues felt an increasing uncertainty as to the intent of the United States, and also an increasing irritation at having to guard their steps with such care in a situation where they sincerely believed the only possible outcome was the dissolution of the American Union. But up to the moment when the news of the Trent affair was received they had pursued a policy, so they believed, of strict and upright neutrality, and were fixed in the determination not to permit minor controversies or economic advantage to divert them from it.

FOOTNOTES:

[Footnote 319: Economist, May 18, 1861.]

[Footnote 320: Ibid., June 29, 1861.]

[Footnote 321: J.L. Motley, The Causes of the American Civil War. Published as a pamphlet. N.Y., 1861.]

[Footnote 322: Daily News, July 19, 1861.]

[Footnote 323: Russell, My Diary, North and South, p. 159, Boston, 1863. This work is in effect a condensation of Russell's letters to the Times, but contains many intimate descriptions not given in the newspaper.]

[Footnote 324: Ibid., p. 315.]

[Footnote 325: The Times, August 10, 1861.]

[Footnote 326: Russell, My Diary, London, 1863, II, p. 296. This edition varies somewhat from that published at Boston and previously cited. The New York Times became Russell's most vicious critic, labelling him "Bull Run Russell," a name which stuck, and beginning its first article on his sins "The terrible epistle has been read with quite as much avidity as an average President's message. We scarcely exaggerate the fact when we say, the first and foremost thought on the minds of a very large portion of our people after the repulse at Bull's Run was, what will Russell say?" Ibid., p. 297. As to his recall Russell afterwards asserted that it was really due to a variance of opinion with Delane, the former being really pro-Northern in sympathy and in conviction of ultimate victory. This will be examined later when Russell's position as an independent editor in London becomes important.]

[Footnote 327: For similar German impressions see G.H. Putnam, Memories of My Youth, N.Y., 1914, p. 187.]

[Footnote 328: Newton, Lord Lyons, I, p. 48. In the same view Russell wrote to Lyons, August 16. "The defeat of Manassas or Bull's Run seems to me to show a great want of zeal. For I cannot believe the descendants of the men of 1776 and indeed of 1815 to be totally wanting in courage." (Lyons Papers.)]

[Footnote 329: Motley, Correspondence, II, p. 31. August 20, 1861.]

[Footnote 330: Gladstone Papers, August 29, 1861.]

[Footnote 331: Economist, Aug. 17, 1861.]

[Footnote 332: Morning Star, Sept. 10, 1861.]

[Footnote 333: John Bull, Sept. 14, 1861.]

[Footnote 334: To be discussed fully in Chapter XVIII.]

[Footnote 335: Sept. 13, 1861. Dasent, Delane, II, p. 34.]

[Footnote 336: Darwin to Asa Gray, Sept. 17 and Dec. 11, 1861. Cited in Rhodes, III, p. 510.]

[Footnote 337: Spectator, Sept. 14, 1861.]

[Footnote 338: Saturday Review, Sept. 14, 1861.]

[Footnote 339: Spectator, Sept. 21, 1861.]

[Footnote 340: Daily News, Sept. 17 and Oct. 10, 1861. The statement is in reply to an article in the Times of October 9, arguing that even if the South were regarded as in the wrong, they had ten millions, a fact that was conclusive.]

[Footnote 341: The Daily News Jubilee. By Justin McCarthy and John E. Robinson, pp. 69-77.]

[Footnote 342: Spectator, Sept. 28, 1861.]

[Footnote 343: Saturday Review, Nov. 2, 1861.]

[Footnote 344: Ibid., Nov. 16. Spence's book rapidly went through many editions, was widely read, and furnished the argument for many a pro-Southern editorial. Spence himself soon became the intimate friend and adviser of Mason, the Confederate envoy to England.]

[Footnote 345: Ibid., Nov. 23, 1861. The inference from Bernard's la guage is perhaps permissible, but not inevitable.]

[Footnote 346: Motley, Correspondence, II, p. 37. To his mother, Oct. 18, 1861.]

[Footnote 347: See ante, Ch. V.]

[Footnote 348: Parliamentary Papers, 1862, Lords, Vol. XXV. "Correspondence respecting International Maritime Law." No. 21 and Inclosure. Belligny was in fact the French agent at Charleston who acted with Bunch.]

[Footnote 349: F.O., Am., Vol. 768. No. 392. Lyons to Russell, Aug. 2, 1861. It is interesting to note that fourteen days were here required to transmit a letter that in ordinary times would have reached its destination in two days. Lyons states that he does not intend to inform Mercier of Russell's attempted recall of instructions.]

[Footnote 350: F.O., Am., Vol. 767. No. 324. Inclosure No. 2. Private. Lyons to Bunch, July 5, 1861. Bunch in reporting to Lyons, also used the word "negotiation."]

[Footnote 351: When Davis proclaimed privateering Bunch had thought this indicated a "low morality" and that Southern privateers would be in reality pirates. F.O., Am., Vol. 763. Inclosure in No. 162. Bunch to Russell, April 18, 1861.]

[Footnote 352: Bancroft's account, Seward, II, pp. 197-203, states that Pickens was absent from Charleston. Bunch's account privately was that he and Belligny thought Pickens "totally unfit to be intrusted with anything in which judgment and discretion are at all necessary." (Lyons Papers. Bunch to Lyons, Aug. 16, 1861.)]

[Footnote 353: Bancroft, Seward, II, p. 198.]

[Footnote 354: Lyons Papers. Bunch to Lyons.]

[Footnote 355: Parliamentary Papers, 1862, Lords, Vol. XXV. "Correspondence on Withdrawal of Bunch's Exequatur." No. 4. Adams to Russell, Sept. 3, 1861.]

[Footnote 356: Ibid., No. 2. Lyons to Russell, Aug. 19, 1861.]

[Footnote 357: Russell Papers. Bunch to Lyons, Aug. 18, 1861. Copy in Lyons to Russell, Aug. 31, 1861.]

[Footnote 358: Parliamentary Papers, 1862, Lords, Vol. XXV. "Correspondence on the Withdrawal of Bunch's Exequatur." No. 7. Lyons to Russell, Aug. 23, 1861.]

[Footnote 359: Lyons Papers. Bunch to Lyons, June 23, 1861.]

[Footnote 360: Parliamentary Papers, 1862, Lords, Vol. XXV. "Correspondence on the Withdrawal of Bunch's Exequatur." No. 15. Inclosures. Bunch to Lyons, Sept. 30, 1861.]

[Footnote 361: Ibid., "Correspondence respecting International Maritime Law." No. 39. Lyons to Russell.]

[Footnote 362: Palmerston MS. Russell to Palmerston, Sept. 6, 1861.]

[Footnote 363: Parliamentary Papers, 1862, Lords, Vol. XXV. "Correspondence on the Withdrawal of Bunch's Exequatur." No. 6. Russell to Cowley, Sept. 7, 1861.]

[Footnote 364: Russell Papers. Cowley to Russell. Private. Sept. 17, 1861.]

[Footnote 365: Parliamentary Papers, 1862, Lords, Vol. XXV. "Correspondence on Withdrawal of Bunch's Exequatur." No. 10. Cowley to Russell, Sept. 10, 1861.]

[Footnote 366: F.O., France, Vol. 1396. No. 1112. Cowley to Russell, Sept. 10, 1861. Also Russell Papers. Cowley to Russell. Private. Sept. 10, 1861.]

[Footnote 367: Parliamentary Papers, 1862, Lords, Vol. XXV. "Correspondence on the Withdrawal of Bunch's Exequatur." No. 9. Russell to Adams, Sept. 9, 1861.]

[Footnote 368: Ibid., No. 8. Two days later, September 11, Russell wrote to Palmerston that Motley was ignorant of Seward's intentions, and that the Queen wished a modification of the "phrase about not being prepared to recognize," but that he was against any change. Palmerston MS.]

[Footnote 369: Ibid., No. 12. Adams to Russell.]

[Footnote 370: Russell to Lyons, Sept. 13, 1861. (Cited in Newton, Lyons, I, p. 52.)]

[Footnote 371: Parliamentary Papers, 1862, Lords, Vol. XXV. "Correspondence on the Withdrawal of Bunch's Exequatur." No. 11. Russell to Lyons, Sept. 14, 1861.]

[Footnote 372: Palmerston MS. Russell to Palmerston, Sept. 19, 1861.]

[Footnote 373: Russell Papers. Lyons to Russell. Private. Sept. 24, 1861.]

[Footnote 374: Ibid., Sept. 27, 1861. The facts about Belligny were, as reported by Lyons and Cowley, that before Bunch's activities became known, the French Consul had been recalled and replaced by another man, St. Andre. It will have been noted that when Lyons and Mercier sent their instructions to the consuls at Charleston that of Mercier was addressed to St. Andre. Apparently he had not reached Charleston. Thus there was no opportunity to demand the recall of Belligny. Bancroft (Seward, II, p. 203), unaware of this, presumes that Seward "thought it important not to give them (England and France) a common grievance."]

[Footnote 375: Ibid., Lyons to Russell, Oct. 14, 1861.]

[Footnote 376: Parliamentary Papers, 1862, Lords, Vol. XXV. "Correspondence on the Withdrawal of Bunch's Exequatur." No. 15. Inclosure. Bunch to Lyons, Sept. 30, 1861.]

[Footnote 377: Lyons Papers. Copy, Private and Confidential, Lyons to Bunch, Oct. 24, 1861. Bunch was informed in this letter that Mure had been set free.]

[Footnote 378: F.O., Am., Vol. 757. No. 381. Russell to Lyons. Draft. Oct. 26, 1861.]

[Footnote 379: The criticisms of Lyons and Russell were not printed in the Parliamentary Papers. Bunch did later deny specifically that he had told anyone of his activities. (Parliamentary Papers, 1862, Lords, Vol. XXV. "Correspondence on the Withdrawal of Bunch's Exequatur." No. 22. Inclosure. Bunch to Lyons. Oct. 31, 1861.)]

[Footnote 380: Parliamentary Papers, 1862, Lords, Vol. XXV. "Correspondence on the Withdrawal of Bunch's Exequatur." No. 17. Lyons to Russell, Oct. 28, 1861. There are two interesting unindicated elisions in the printed text of this letter. Indicating them in brackets the sentences run: first:—

"It may seem superfluous to make any observations on the charges brought against Mr. Bunch. [For it is plain that a high-handed proceeding being deemed advisable with a view to gratify the American Public, Mr. Bunch has merely been selected as a safer object of attack than the British or French Government.] I can not help saying that never were more serious charges, etc.," and second:—

"When Mr. Seward had finished reading the despatch I remained silent. [I allowed the pain which the contents of it had caused me to be apparent in my countenance, but I said nothing. From my knowledge of Mr. Seward's character, I was sure that at the moment nothing which I could say would make so much impression upon him as my maintaining an absolute silence.] After a short pause, etc." (F.O., America, Vol. 773. No. 607. Lyons to Russell, Oct. 28, 1861).]

[Footnote 381: Russell Papers. Lyons to Russell, Oct. 28, 1861.]

[Footnote 382: Lyons Papers. Russell to Lyons, Nov. 2, 1861.]

[Footnote 383: Palmerston MS. Russell to Palmerston, Nov. 12. 1861. He added, "The dismissal of Bunch seems to me a singular mixture of the bully and coward."]

[Footnote 384: Parliamentary Papers, 1862, Lords, Vol. XXV. "Correspondence on the Withdrawal of Bunch's Exequatur." No. 26. Russell to Adams, Dec. 9, 1861.]

[Footnote 385: Bonham, British Consuls in the Confederacy, p. 45. Columbia University, Studies in History, Economics and Public Law, XI-III. No. 3. Bonham shows that Bunch was more pro-Southern than Lyons thought. Lyons had suggested that Bunch be permitted to remain privately at Charleston. (Parliamentary Papers, 1862, Lords, Vol. XXV. "Correspondence on the Withdrawal of Bunch's Exequatur." No. 29. Lyons to Russell, Dec. 31, 1861.) That Bunch was after all regarded by the United States as a scapegoat may be argued from the "curious circumstance that in 1875, Mr. Bunch, being then British Minister resident at Bogota, acted as arbitrator in a case between the United States and Colombia." (Moore, Int. Law Digest, V, p. 22.)]

[Footnote 386: Bancroft, Seward, II, p. 203, says that if Great Britain ever attempted another negotiation "that British representatives were careful to preserve perfect secrecy." I have found no evidence of any similar communication with the South.]

[Footnote 387: As early as April, 1861, Stoeckl reported Mercier as urging Lyons and Stoeckl to secure from their respective Governments authority to recognize the South whenever they thought "the right time" had come. Lyons did not wish to have this responsibility, arguing that the mere fact of such a decision being left to him would embarrass him in his relations with the North. Stoeckl also opposed Mercier's idea, and added that Russia could well afford to wait until England and France had acted. Russia could then also recognize the South without offending the North. (Russian Archives. Stoeckl to F.O., April 2-14, 1861. No. 863.)]

[Footnote 388: Russell Papers. Lyons to Russell, Oct. 4, 1861.]

[Footnote 389: Palmerston MS. Russell to Palmerston, Oct. 8, 1861. On Oct. 7, Lyons wrote to Head, "If we can get through the winter and spring without American cotton, and keep the peace, we shall attain a great object." (Lyons Papers.)]

[Footnote 390: F.O., America, 772. No. 585. Lyons to Russell, Oct. 21, 1861.]

[Footnote 391: Ibid., Vol. 773. No. 606. Lyons to Russell. Confidential. Oct. 28, 1861.]

[Footnote 392: Walpole, Russell, II, 344.]

[Footnote 393: See ante, p. 194.]

[Footnote 394: "The Americans certainly seem inclined to pick a quarrel with us; but I doubt their going far enough even to oblige us to recognize the Southern States. A step further would enable us to open the Southern ports, but a war would nevertheless be a great calamity." (Maxwell, Clarendon, II, 245. Granville to Clarendon. No exact date is given but the context shows it to have been in October, 1861.)]

[Footnote 395: Ashley, Palmerston, II, 218-19. On October 30, Russell wrote to Gladstone expressing himself as worried about cotton but stating that the North was about to try to take New Orleans and thus release cotton. (Gladstone Papers).]

[Footnote 396: Bancroft, Seward, II, p. 219. Bancroft cites also a letter from Seward to his wife showing that he appreciated thoroughly the probability of a foreign war if France should press on in the line taken.]

[Footnote 397: F.O., America, Vol. 773. No. 623. Confidential. Lyons to Russell, Nov. 4, 1861.]

[Footnote 398: Ibid., No. 634. Confidential. Lyons to Russell, Nov. 8, 1861. In truth Lyons felt something of that suspicion of France indicated by Cowley, and for both men these suspicions date from the moment when France seemed lukewarm in support of England in the matter of Bunch.]



CHAPTER VII

THE "TRENT"

The Trent affair seemed to Great Britain like the climax of American arrogance[399]. The Confederate agents sent to Europe at the outbreak of the Civil War had accomplished little, and after seven months of waiting for a more favourable turn in foreign relations, President Davis determined to replace them by two "Special Commissioners of the Confederate States of America." These were James M. Mason of Virginia, for Great Britain, and John Slidell of Louisiana, for France. Their appointment indicated that the South had at last awakened to the need of a serious foreign policy. It was publicly and widely commented on by the Southern press, thereby arousing an excited apprehension in the North, almost as if the mere sending of two new men with instructions to secure recognition abroad were tantamount to the actual accomplishment of their object.

Mason and Slidell succeeded in running the blockade at Charleston on the night of October 12, 1861, on the Confederate steamer Theodora[400], and arrived at New Providence, Nassau, on the fourteenth, thence proceeded by the same vessel to Cardenas, Cuba, and from that point journeyed overland to Havana, arriving October 22. In the party there were, besides the two envoys, their secretaries, McFarland and Eustis, and the family of Slidell. On November 7 they sailed for the Danish island of St. Thomas, expecting thence to take a British steamer for Southampton. The vessel on which they left Havana was the British contract mail-packet Trent, whose captain had full knowledge of the diplomatic character of his passengers. About noon on November 8 the Trent was stopped in the Bahama Channel by the United States sloop of war, San Jacinto, Captain Wilkes commanding, by a shot across the bows, and a boarding party took from the Trent Mason and Slidell with their secretaries, transferred them to the San Jacinto, and proceeded to an American port. Protest was made both by the captain of the Trent and by Commander Williams, R.N., admiralty agent in charge of mails on board the ship[401]. The two envoys also declared that they would yield only to personal compulsion, whereupon hands were laid upon shoulders and coat collars, and, accepting this as the application of force, they were transferred to the San Jacinto's boats. The scene on the Trent, as described by all parties, both then and later, partakes of the nature of comic opera, yet was serious enough to the participants. In fact, the envoys, especially Slidell, were exultant in the conviction that the action of Wilkes would inevitably result in the early realization of the object of their journey—recognition of the South, at least by Great Britain[402]. Once on board the San Jacinto they were treated more like guests on a private yacht, having "seats at the captain's table," than as enemy prisoners on an American war-ship.

Captain Wilkes had acted without orders, and, indeed, even without any recent official information from Washington. He was returning from a cruise off the African coast, and had reached St. Thomas on October 10. A few days later, when off the south coat of Cuba, he had learned of the Confederate appointment of Mason and Slidell, and on the twenty-eighth, in Havana harbour, he heard that the Commissioners were to sail on the Trent. At once he conceived the idea of intercepting the Trent, exercising the right of search, and seizing the envoys, in spite of the alleged objections of his executive officer, Lieutenant Fairfax. The result was that quite without authority from the United States Navy Department, and solely upon his own responsibility, a challenge was addressed to Britain, the "mistress of the seas," certain to be accepted by that nation as an insult to national prestige and national pride not quietly to be suffered.

The San Jacinto reached Fortress Monroe on the evening of November 15. The next day the news was known, but since it was Saturday, few papers contained more than brief and inaccurate accounts and, there being then few Sunday papers, it was not until Monday, the eighteenth, that there broke out a widespread rejoicing and glorification in the Northern press[403]. America, for a few days, passed through a spasm of exultation hard to understand, even by those who felt it, once the first emotion had subsided. This had various causes, but among them is evident a quite childish fear of the acuteness and abilities of Mason and Slidell. Both men were indeed persons of distinction in the politics of the previous decades. Mason had always been open in his expressed antipathy to the North, especially to New England, had long been a leader in Virginia, and at the time of the Southern secession, was a United States Senator from that State. Slidell, a Northerner by birth, but early removed to Louisiana, had acquired fortune in business there, and had for nearly twenty years been the political "boss" of one faction of the Democratic Party in New Orleans and in the State. With much previous experience in diplomacy, especially that requiring intrigue and indirect methods (as in the preliminaries of the Mexican War), and having held his seat in the United States Senate until the withdrawal of Louisiana from the Union, he was, of the two men, more feared and more detested, but both were thoroughly obnoxious to the North. Merely on the personal side their capture was cause for wide rejoicing[404].

Surprise was also an element in the American elation, for until the news of the capture was received no portion of the public had given serious thought to any attempt to stop the envoys. Surprise also played its part when the affair became known in England, though in official circles there had been some warning. It had already been reported in the British press that Mason and Slidell had run the blockade at Charleston, were in Cuba, and were about to set sail for England on the Confederate steamer Nashville, but the British Government, considering that the envoys might perhaps sail rather on the West India Mail Steamer for Southampton, became much concerned over a possible American interference with that vessel. On November 9 Hammond sent an urgent enquiry to the Advocate-General stating the situation, calling attention to the presence at Southampton of an American war-vessel, and asking whether this vessel, or any other American man-of-war, "would be entitled to interfere with the mail steamer if fallen in with beyond the territorial limits of the United Kingdom, that is beyond three miles from the British Coast."



"Whether for instance she might cause the West India Mail Steamer to bring to, might board her, examine her Papers, open the Mail Bags and examine the contents thereof, examine the luggage of passengers, seize and carry away Messrs. Mason and Slidell in person, or seize their Credentials and Instructions and Despatches, or even put a Prize Crew on board the West India Steamer and carry her off to a Port of the United States; in other words what would be the right of the American Cruiser with regard to her passengers and crew and lawful papers and correspondence on board our packet on the assumption that the said packet was liable to capture and confiscation on the ground of carrying enemies' despatches; would the Cruiser be entitled to carry the packet and all and everything in her back to America or would she be obliged to land in this Country or in some near port all the people and all the unseizable goods[405]?"

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]."

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]."

The delay of at least three weeks imposed by methods of transportation before even the first American reaction to the British demand could be received in London gave time for a lessening of excitement and a more careful self-analysis by British statesmen as to what they really felt and desired. Gladstone wrote: "It is a very sad and heart-sickening business, and I sincerely trust with you that war may be averted[426]." Argyll hurried home from the Continent, being much disturbed by the tone of the British press, and stating that he was against standing on technical grounds of international law. "War with America is such a calamity that we must do all we can to avoid it. It involves not only ourselves, but all our North American colonies[427]." But war seemed to both men scarcely avoidable, an opinion held also by Cornewall Lewis[428] and by Clarendon, the latter standing at the moment in a position midway between the Whig and Tory parties[429]. Yet Russell, with more cause than others to mistrust Seward's policy, as also believing that he had more cause, personally, to resent it, was less pessimistic and was already thinking of at least postponing immediate hostilities in the event of an American refusal to make just recompense. On December 16 he wrote to Palmerston: "I incline more and more to the opinion that if the answer is a reasoning, and not a blunt offensive answer, we should send once more across the Atlantic to ask compliance.... I do not think the country would approve an immediate declaration of war. But I think we must abide by our demand of a restoration of the prisoners.... Lyons gives a sad account of Canada. Your foresight of last year is amply justified[430]." And on December 20 he wrote, "Adams' language yesterday was entirely in favour of yielding to us, if our tone is not too peremptory.... If our demands are refused, we must, of course, call Parliament together. The sixth of February will do. In any other case we must decide according to circumstances[431]."

Thus Russell would not have Great Britain go to war with America without the sanction of Parliament, and was seeking reasons for delay. He was reacting, in fact, to a more sobering second thought which was experienced also by nearly everyone, save the eager British "Southerner," in public and in newspaper circles. The first explosion of the Press, on receipt of the news of the Trent, had been a terrific one. The British lion, insulted in its chosen field of supremacy, the sea, had pawed the air in frenzy though at first preserving a certain slow dignity of motion. Customary "strong leader-writing" became vigorous, indeed, in editorial treatment of America and in demand for the prompt release of the envoys with suitable apology. The close touch of leading papers with Governmental opinion is well shown, as in the Times, by the day-to-day editorials of the first week. On November 28 there was solemn and anxious consideration of a grave crisis with much questioning of international law, which was acknowledged to be doubtful. But even if old British practice seemed to support Captain Wilkes, the present was not to be controlled by a discarded past, and "essential differences" were pointed out. This tone of vexed uncertainty changed to a note of positive assurance and militant patriotism on November 30 when the Government made its demand. The Times up to December 2, thought it absolutely certain that Wilkes had acted on authorization, and devoted much space to Seward as the evil genius of American warlike policy toward England. The old "Duke of Newcastle story" was revamped. But on December 2 there reached London the first, very brief, American news of the arrival of the San Jacinto at Fortress Monroe, and this contained a positive statement by Wilkes that he had had no orders. The Times was sceptical, but printed the news as having an important bearing, if true, and, at the same time, printed communications by "Justicia" and others advising a "go slowly" policy[432]. Yet all British papers indulged in sharp reflections on American insults, displayed keen resentment, and demanded a prompt yielding to the Governmental demand.

An intelligent American long resident in London, wrote to Seward on November 29: "There never was within memory such a burst of feeling as has been created by the news of the boarding of [the Trent]. The people are frantic with rage, and were the country polled, I fear 999 men out of a thousand would declare for immediate war. Lord Palmerston cannot resist the impulse if he would." And another American, in Edinburgh, wrote to his uncle in New York: "I have never seen so intense a feeling of indignation exhibited in my life. It pervades all classes, and may make itself heard above the wiser theories of the Cabinet officers[433]." If such were the British temper, it would require skilful handling by even a pacific-minded Government to avoid war. Even without belligerent newspaper utterances the tone of arrogance as in Punch's cartoon, "You do what's right, my son, or I'll blow you out of the water," portended no happy solution. Yet this cartoon at least implied a hope of peaceful outcome, and that this was soon a general hope is shown by the prompt publicity given to a statement from the American General, Winfield Scott, in Paris, denying that he had said the action of Captain Wilkes had been decided upon at Washington before he sailed for Europe, and asserting that no orders were given to seize the envoys on board any British or foreign vessel[434]. Nevertheless, Adams, for the moment intensely aroused, and suspicious of the whole purpose of British policy, could write to his friend Dana in Boston: "The expression of the past summer might have convinced you that she [Great Britain] was not indifferent to the disruption of the Union. In May she drove in the tip of the wedge, and now you can't imagine that a few spiders' webs of a half a century back will not be strong enough to hold her from driving it home. Little do you understand of this fast-anchored isle[435]."

There can be no doubt that one cause of a more bitter and sharper tone in the British press was the reception of the counter-exultation of the American press on learning of the detention and the exercise of "right of search" on a British ship. The American public equally went "off its head" in its expressions. Writing in 1911, the son of the American Minister to Great Britain, Charles Francis Adams, jun., in 1861, a young law-student in Boston, stated: "I do not remember in the whole course of the half-century's retrospect ... any occurrence in which the American people were so completely swept off their feet, for the moment losing possession of their senses, as during the weeks which immediately followed the seizure of Mason and Slidell[436]." There were evident two principal causes for this elation. The North with much emotion and high courage entering in April, 1861, upon the task of restoring the Union and hoping for quick success, had now passed through a wearisome six months with no evident progress towards its object. Northern failure had developed a deep mortification when, suddenly and unexpectedly, a bold naval captain, on his own initiative, appeared to have struck a real blow at the South. His action seemed to indicate that the fighting forces of the North, if free from the trammels of Washington red tape, could, and would, carry on energetic war. Certainly it was but a slight incident to create such Northern emotion, yet the result was a sudden lifting from despondency to elation.

But almost equally with this cause of joy there operated on American minds the notion that the United States had at last given to Great Britain a dose of her own medicine in a previous era—had exercised upon a British ship that "right of search" which had been so keenly resented by America as to have become almost a permanent cause of a sense of injury once received and never to be forgotten. There was no clear thinking about this; the obnoxious right of search in times of peace for vagrant seamen, the belligerent right exercised by Britain while America was a neutral, the practice of a "right of visit" claimed by Britain as necessary in suppression of the African Slave Trade—all were confused by the American public (as they are still in many history textbooks to this day), and the total result of this mixing of ideas was a general American jubilation that the United States had now revenged herself for British offences, in a manner of which Great Britain could not consistently complain. These two main reasons for exultation were shared by all classes, not merely by the uninformed mob of newspaper readers. At a banquet tendered Captain Wilkes in Boston on November 26, Governor Andrews of Massachusetts called Wilkes' action "one of the most illustrious services that had made the war memorable," and added "that there might be nothing left [in the episode] to crown the exultation of the American heart, Commodore Wilkes fired his shot across the bows of the ship that bore the British lion at its head[437]."