Vereinigte Staaten, 1861. No. 48. declaration should be binding only on the powers who were or should become parties to it as one whole and indivisible compact, and secondly, 4. April that the powers, who had agreed and those who should afterwards accede to it, should after the adoption of the same enter into no arrangement on the application of maritime law in time of war without stipulating for a strict observance of the four points resolved by the Declaration. ¶ The declaration which I have thus substantially recited, of course prevented all the Powers which became parties to it from accepting the two propositions which had been before submitted to the maritime nations by the President of the United States. The declaration was in due time submitted by the Governments represented in the Congress at Paris to the Government of the United States. The President about the 14th of Juli 1856 made known to the States concerned his unwillingness to accede to the Declaration. In making that announcement in behalf of this Government, my predecessor, Mr. Marcy, called the attention of those States to the following points, namely: 1. That the second and third propositions contained in the Paris declaration are substantially the same with the two propositions which had before been submitted to the maritime States by the President. 2. That the Paris declarations with the conditions annexed were inadmisible by the United States in three respects, namely: ¶ 1st that the government of the United States could not give its assent to the first proposition contained in the declaration, namely that "Privateering is and remains abolished", although it was willing to accept it with an amendment which should exempt the private property of individuals though belonging to belligerent States from seizure or confiscation by national vessels in maritime war; 2ndly that for this reason the stipulation annexed to the Declaration that the four propositions must be taken altogether or rejected altogether without modification could not be allowed; 3rdly that the fourth condition annexed to the declaration which provided that the parties acceding to it should enter into no negotiations for any modifications of the law of maritime war with nations which should not contain the four points contained in the Paris declaration seemed inconsistent with a proper regard to the national sovereignty of the United States. On the 29th of July 1856 Mr. Mason, then Minister of the United States at Paris, was instructed by the President to propose to the Government of France to enter into an arrangement for its adherence with the United States to the four principles of the Declaration of the Congress of Paris, provided the first of them should be amended as specified in Mr. Marcy's note to the Count de Sartiges of the 28th of July 1856. Mr. Mason accordingly brought the subject to the notice of the Imperial Government of France, which was disposed to entertain the matter favorably but which failed to communicate its decision on the subject to him. Similar instructions regarding the matter were addressed by this Department to Mr. Dallas our Minister at London, on the 31th of January 1857, but the proposition above referred to had not been directly presented to the British Government by him when the administration of this Government by Franklin Pierce came to an end on the Staaten, April 1861. 3rd of March 1857 and was succeded by that of James Buchanan, who No. 48. directed the negotiations to be arrested for the purpose of enabling him to Vereinigte examine the questions involved and they have ever since remained in that 24. state of suspension. ¶ The President of the United States has now taken the subject into consideration, and he is prepared to communicate his views upon it with a desire to bring the negotiation to a speedy and satisfactory conclusion. For that purpose you are hereby instructed to seek an early opportunity to call the attention of ...... Government to the subject and to ascertain whether it remains disposed to renew negotiations for the accession of the Government of the United States to the Declaration of the Paris Congress with the conditions annexed by that body to the same, and if you shall find that Government so disposed you will then enter into a conven tion to that effect, substantially in the form of a project for that purpose herewith transmitted to you the convention to take effect from the time when the ratifications of the same shall have been exchanged. It is presumed that you will need no special explanation of the sentiments of the President on this subject for the purpose of conducting the necessary conference with the Government to which you are accredited. Its assent is expected on the ground that the proposition is accepted as its suggestion and in the form it has proposed. For your own information it will be sufficient to say that the President still adheres to the opinion expressed by my predecessor Mr. Marcy that it would be eminently desirable for the good of all nations that the property and effects of private individuals, not contraband, should be exempt from seizure and confiscation by national vessels in maritime war. If the time and circumstances were propitious to a prosecution of the negotiations with that object in view he would direct that it should be assiduously pursued. But the right season seems to have passed at least for the present. Europe seems, once more, on the verge of quite general wars. On the other hand a portion of the American people has raised the standard of insurrection, proclaimed a provisional Government and through its organs taken the bad resolution to invite privateers to prey upon the peaceful commerce of the United States. ¶ Prudence and humanity combine in persuading the President under the circumstances that it is wise to secure the lesser good offered by the Paris Congress instead of waiting indefinitely in hope to obtain the greater one offered to the maritime nations by the President of the United States. I am etc. On the 19th day of April 1861*), the President of the United States, No. 49. by proclamation, declared the ports of South Carolina, Georgia, Florida, Vereinigte 2. Mai 1861. *) No. 44. Staatsarchiv. 1861. 9 Staaten, 1861. No. 49. Alabama, Louisiana, Mississippi and Texas under blockade, and on the Vereinigte 27th of the same month, by another proclamation*), declared the ports of 2. Mai Virginia and North Carolina also under blockade, since which proclamation this Department has received reliable information that attempts are frequently made to furnish arms, munitions of war, provisions and other supplies to persons and parties in those States in open insurrection against the constitutional authorities of the Union. It becomes my duty, therefore, to instruct you to cause a careful examination to be made of the manifests of all steam or other vessels departing from your port with cargoes whose ultimate destination you have satisfactory reason to believe is for any port or place under the control of such insurrectionary parties, and to compare the same with the cargo on board, and if any such manifests be found to embrace any articles of the description before mentioned, or any such articles be found to constitute part of the cargo, you will take all necessary and proper means to prevent the departure of the vessel, and to detain the same in your custody until all such articles shall be removed therefrom, and for further proceedings according to law. You will also make a careful examination of all flat boats and other water craft without manifests, and of railroad cars, and other vehicles, arriving at or leaving your port, laden with merchandise, the ultimate destination of which you have good reason to believe is for any port or place under insurrectionary control; and if arms, munitions of war, provisions or other supplies are found having such destination, you will seize and detain the same to await the proper legal proceedings for confiscation or forfeiture. ¶ In carrying out these instructions, you will bear in mind that all persons or parties in armed insurrection against the Union, however such persons or parties may be organized or named, are engaged in levying war against the United States; and that all persons furnishing to such insurgents arms, munitions of war, provisions, or other supplies, are giving them aid and comfort, and so guilty of treason within the terms of the second section of the third article of the constitution. And you will therefore use your utmost vigilance, and endeavor to prevent the prohibited shipments, and to detect and bring to punishment all who are in any way concerned in furnishing to such insurgents any of the articles above described. You whill, however, on the other hand, be careful not to interrupt vexatiously, or beyond necessity, by unwarranted or protracted detentions and examinations, the regular and lawful commerce of your port. You will report forthwith wether any, and if any, what, additional measures may be necessary in your judgment to carry into full effect the foregoing resolutions, and you will report to this department from time to time your action under these instructions. I am S. P. Chase, Secretary of the Treasury. *) No. 45. No. 50. NORD-AMERIKA. Gesandte zu Paris an den Min. d. Ausw. Bericht über eine Unterredung mit dem franz. Min. d. Ausw. Legation of the United States, Paris, April 15, 1861. Vereinigte 1861. Sir, I called to-day upon M. Thouvenel, at the Ministry of Foreign No. 50. Affairs, and was promptly admitted to an interview. Agreeably to your request, I handed to him a copy of the inaugural address of President Lin- 15. April coln, and added that I was instructed by you to say to him that it embraced the views of the President of the United States upon the difficulties which now disturb the harmony of the American Union, and also an exposition of the general policy which it was the purpose of the Government to pursue, with a view to the preservation of domestic peace and the maintenance of the Federal Union. Here M. Thouvenel asked if there was not some diversity of opinion in the Cabinet of the President as to the proper mode of meeting the difficulties which now disturbed the relations of the States and General Government. I replied, upon that point I had no information; under our system the Cabinet was an advising body, its opinions were entitled to weight, but did not necessarily compel the action of the President; the executive power was, by the Constitution, vested exclusively in the President. I said that I was further instructed to assure him that the President of the United States entertains a full confidence in the speedy restoration of harmony and the unity of the Government, by a firm, yet just and liberal, policy, co-operating with the deliberate and loyal action of the American people. M. Thouvenel expressed his pleasure at the asI further said that the President regretted the events going on in the United States might be productive of some possible inconvenience to the people and subjects of France; but he was determined that those inconveniences shall be made as light and transient as possible; and so far as it may rest with him, that all strangers who may suffer any injury from them shall be indemnified. I said to him that the President thought it not impossible an appeal would be made before long by the Confederate States to foreign Powers, and among others to the Government of France, for the recognition of their independence; that, no such appeal having yet been made, it was premature and out of place to discuss any of the points involved in that delicate and important inquiry, but the Government of the United States desired the fact to be known that, whenever any such application shall be made, it will meet with opposition from the Minister who shall then represent that Government at this Court. I said to him that my mission to this Court would soon terminate, and I should have no official connexion with the question which it was anticipated might arise upon the demand of the Confederate States for recognition of their independence; that my place would soon be supplied by a distinguished citizen of the State of New Jersey- a gentleman who possessed the confidence of the President, who fully sympathized in his public views, and who would surance. No. 50. doubtless come fully instructed as to the then wishes and views of the Vereinigte Government of the United States, and that the only request which I would Staaten, 15. April now make, and which would close all I had to say in the interview, was 1861. that no proposition recognizing the permanent dismemberment of the Ame rican Union shall be considered by the French Government until after the arrival and reception of the new Minister accredited by the United States to this Court. M. Thouvenel, in reply, said that no application had yet been made to him by the Confederate States, in any form, for the recogni tion of their independence; that the French Government was not in the habit of acting hastily upon such questions, as might be seen by its tardiness in recognizing the new kingdom of Italy; that he believed the maintenance of the Federal Union in its integrity was to be desired for the benefit of the people of the North and South, as well as for the interests of France; and the Government of the United States might rest well assured that no hasty or precipitate action would be taken on that subject by the Emperor. But, while he gave utterance to these views, he was equally bound to say that the practice and usage of the present century had fully established the right of de facto Governments to recognition when a proper case was made out for the decision of foreign Powers. Here the official interview ended. The conversation was then further protracted by inquiry from M. Thouvenel when the new tariff would go into operation, and whether it was to be regarded as the settled policy of the Government. I told him that the first day of the present month hat been prescribed as the period when the new duties would take effect; thad I had not yet examined its provisions with such care as would justify me in pronouncing an opinion upon its merits; that it was condemned by the commercial classes of the country; and that I had no doubt, from the discontent manifested in several quarters, that the subject would engage the attention of Congress at its next meeting, and probably some important modifications would be made in it. The finances of the Government were at this time temporarily embarrassed, and I had no doubt the provisions of the new tariff were adopted with a view, although probably a mistaken one, of sustaining the credit of the Treasury, as much as of reviving the protective policy. He then asked me my opinion as to the course of policy that would be adopted towards the seceding States, and whether I thought force would be employed to coerce them into submission to the Federal authority. I told him that I could only give him my individual opinion, and that I thought force would not be employed; that ours was a Government of public opinion, and, although the Union unquestionably possessed all the ordinary powers necessary for its preservation, as had been shown in several partial insurrections which had occurred in our history, yet that the extreme power of the Government could only be used in accordance with public opinion, and that I was satisfied that the sentiment of the people was opposed to the employment of force against the seceding States. So sincere was the deference felt in that country for the great principles of self-government, and so great the respect for the action of the people when adopted under the imposing forms of State orga |