Nashville union and American. [volume] (Nashville, Tenn.) 1853-1862, 1861-12-20

TIE POSITION OF iTHB 2. g. on THE QUESTION TEE
AtTIoN OF RNGLAsB AKB FRANCE IN RksAkp 70 Tusl
TREATY OF PARIs--TEE FINAL ANSWER OF HR sKwARB,
GS. SEWARD TO Mr.. DAYTON.
DEPARTMENT OF STATE, I
Manhinntor, Gant 10 laeI

/ HashingtOn, Sept 10, 1861
SIR-1our dispHtch Of August % mo s5) has
been received. learn from it thai n Thonvsnel
u unwilling to negotiate for an acceasisa by the
United States TO the declaration of the Congress Of
Parls concerning the rights Of neGtrals in maratine
war except ION distinct understanding that il 10
70 save no bearing, directly or Indirectly on the
question of the domestic difficulty now existing in
| our country" and that to render the matter GER
| tam n. Th0uFenel proposes TO make written de-
elAratipn simultaneously with his execution Of the
projected convention for the accession sFr
You have sent me copy of q nots to this effect
addressed to you by NJ ThOuVenel and have also
represented to me- official conversation which he
has hsd with You upon the same subject The de-
ciarauon which n. ThOuVenel~thus proposes to
make is in these words e.
"DRAFF CT DECLARATION
In sffixing his signature TO he convention con-
eluded on date Of this day betweHn France and the
United States, the undersigned declares in execu-
ZION of the orders Ct the Emperor, that the Govern
ment OF his Majesty does not intend to undertake by
me sald convention any engagements of nature to
imPhcate it, directly indirectly, in the internal
conflict nor existpg in the United Ststes"
NY dispatch Of the 18th dsy Of August last
mo- Al, which you must have received some time
ago, Will already have prepared you to expect my
approval OF the decision to wait for specific in
structions in this new emergency &C which you ar
rive.
The obScurify of the text of the declaration
winch n Lhouyenel submits to us is sufficiently re-
/ hS'SA OJ MS verbal feXplAnatlOn. According to
your report OF the conversations before referred to
be sad that both France AID Great Britain bad al
| feAoy nneuneed that they would take no part in
our domestic controversy, and they thought frank
| ana open declaration in advance of tie execution
OF the projected Convention might save difficulty
| 1nu misconceptlon hereafter. He further SAID in
the way OF specification, that the provisions of the
convention standing alone might bind England and
france to pursue and punish these privateers of
the south As pirates, that they unwilling to de
1 IA 1anH H..
/ could deal with those people - we chsoAe and
tney (Eoglsnd and FrAnce,) could emily express
thelr regrets on the score of humanity il we should
deawl them pirates but that they could not par
nciPate IN suck course. BE added that although
| England and France are anxious to have tbs ad.
hesion Of the United States TO the declaration of
Paris yet they would rather dispense with It al
together than be drawn into our domestic contro-
Versy. lie Insisted somewhat pointedly that we
could take no just exception to this outside declara-
ton, TO be made simultaneously with the execution
OF the convention, unless intend that they Eng
land and France) shall be made parties in our con,
Foyersy, and that very fact OF your hesitation was
additional reason why they should insist. upon
making sueA cotempOraneous declaration as they
proposed.
| These remarks Of n Thouvenel are certainly
distinguished by entire frsnkaesG. 1t shall be
my effort to reply to them with moderation and
csndor.
In 1856, France, Great Britain, Russia Prussis,
4 "
at Paris, with view to modify the law Of nations
so as to meliorate the evils Of maritime war adopt
ed and set forth declaration, which il in the fol-
lowing words:
l. PriVateerinG is and remains abolished.
2. The neutral Gag covers enemy's goodg, with
the exception of contraband Of war.
3. Neutral goods, with the exception Of contra
band Of war, are not liable to capture under en-
emy's asg.
| A. BlOcksdes, in order to be binding, muut be
81. t.
cisnt really to prevent aceeEs to the coast Of the
enemy.
The States which constituted the Consreru mu
tuSly agreed to submit the declaration to all other
nations and invite them to accsde it. 1t was to
De submitted IS no special or narrow treaty be.
tween particular States for limited periods or ape
| cial purposes OF advantage, or uRder peculiar
circumstances; but. the contrary, its several
articles were, by voluntary acceptance Of maritime
Powers, to constitute ne chapter 10 the law Of
nations, and each Of the articles was TO be uni
verssl and eternal in its application and obligations
France especially inVired the United States TO &C
ceds to these articles. An inTitation Was actuslly
rendered to all other civilized nations and the art
ces have been already adopted by forty one Of the
Powers thus invited. The Uoitsd States hesit1te6
but only for the purpose of making an effort 20 in
duce other parties to enlarge the beneGcent scope
of the declaration.
Having failed in that effort they now, AFTER . de
lay not unusual in such great intsrRatioaaI discus
III.
and simple 10 the FORM words and manner in which
It originally adopted and accepted By all Of the
forty six nations Uhieh have become parties TO 1t
France declines to receive that adhesion uHesH she
be allowed 10 make . special dsslaratioB, which |
would constitute additional and qualifying arSi-
cle limiting the obligation Of France to the Unitsd
States to q nsrrSWsr range than the obligations
which the United States might assume to Usrda /
France and towards every ether Of the forty. |
six soTereigns WhO parties to It. and narrower
thaD ke NJ If all
GLIDING France herself
II she should sccsde TO that Soaditisn it manifest
ly would net be the declaration of the Congress of
Paris, to which We would be adhsriog bat a differ
ent and special and peculiar treaty between France
and the United States only. Evan ~ such q tresty
it would be unequal Assuming that Il Thou |
VenePs reasoning is correct, we should ia
that case, be contracting Obligation, directly
or indirectly to impicAts Ourselves in any internal
conflict that may now be existing or that nay here
after occur in France, while she would be dstinct>
ly excused by US from any similar duty towards
the United States.
know that France il a friend, aad means TO b
just and equal towards tbs United States | must
assume, therefore, that she means not t. make an
exceptional arrangement with Es, but to carry
cut the same arrangement in her Interpretation
Of the obligation Of the declaration of the Goa
gress Of PsrIz in regard to other Powers. Thus
carried out the declaration Of Paris Would be
eXpoEDded so as to exclude all intern ltionAl con-
hicts in States from the application Of the SrtsleS
of that celebrated declaration. Neat OF the WRra
of modern times-perhApS all Of them-haVs been
insurrectionsry ware, ''inernal confictnD II l.
the position now assumed by France should thus be
taken BY all the ether parties 70 the declaration.
then it would follow that the frat article of that
inatesd of being, in fact a universal
and effectual inhibition of the practice Of priya-
tsering would Abrogate it only in wars betWeen
foreign nations, while il woRid enjoy universal toll
Grafton in civil and social With great defer
encs cannot bat think that thus mod fed the dec
laratioD of the Congress Of Paris would lose much
Of the reverence which it has hiihsrto received
from Christi nations. II it were proper for nae
to pursue ths argument further, might add that
sediuon, insurTectI0n and treason would 1a1 in
such a reading Of the declaration Of Paris CO.
enlargement which would toad to render the most ,
stable and the most beneficial systems Of gov
eminent insecure Nor do knew on what grounds
it be cOntended that practices more destructive
property sad life sEght TO be tolerated in civil Or
frGtricidAl wars than are allowed in wars bsIWyeH
Independent nations
l cannot, indeed admit that the enEasenent
which France ia required TO make, without the i
qualifying decision in question. Woulf directly 7
Or indirectly implicate her in our internal con hcta
But if such ShOuld be its effect, must in the fret
place. disclsm any desire for such an Intervention
On the part of the United States. The whole of +
this long correspondence has had for one of its OBJ
ects the purpose of aTerting any such Intervention