The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1861-12-11
THE ISSUING or LETTERS or MARQUE.
The Position of the United States on the Cues
tion-The Acton of England and France in
Regard to the Treaty Of Paris-The
Final Answer of Mr.. Seward
ar &c &c
Mr.. SEWARD TO MR.. DAYTON.

SR-f0ur despatch OF August ~ NO. ob) mas bseH re-
coived learn from it that Mr. 1houvene is unwilling
to negotiate for accession by the United States tho
declaration Of tho Congress Of Paris concerning the rights
OF neutrals In maritime except son distinct under
standing that 1t is to have bearing, directly ndi-
recty, the question OF the domestic difficulty
listing in country, and that render tho matter
tain Mr. Thouvenel proposes to make written dccara
tion simultaneously with his execution OF the projected
/ convention for that accession.
You have sent copy OF note to this effect, ad.
dressed to you by Mr. Thouvenel and have also roprc
sened to official conversation which no has held
with You upon the same subject Tho declaration which
Mr. Thouvenel thus proposes to make Is in these
/ words
DRAFT or DECLARATION.
In axing his signature to the convention concluded
on date Of this day between France and the United States
the undersigned declares execution Of the orders Of
the Emperor, that the government of his Majesty does
not intend to undertake by the said convention any on.
gagements of nature TO implcac IT, directly or ndi-
recty in the internal conflict existing in the United
| States
My despatch Of tho nth day Of August last NO Az
| which you must have received some timo ago. will al
ready have prepared you to expect my approval of the
decision TO wait for specific instructions in this
| gency at which you have arrived.
The obscurty of the text Of tho declaration which Mr.
Thouvene submits to us is sufficiently relieved by
his verbal explanations. According to your report Of
the conversation before referred he said that both
France and Great Britain had already announced that
they would take part In domestic controversy,
and they thought frank and open declaration ad.
| vance of the execution of the protected convention
| might difficulty and misconception hereafter Ho
further said, in the way OF specification that pro-
visions OF the convention standing alone might bndEh
the South as pirates that they are unwilling to do this
and had so declared He said, also, that could deal
with these people choose and they England and
Franco could only express their regrets the
humanity, IL VIC should deal with them pirates but
that they could not participate IN such course. lie
added, that although England and France nxols to
have the adhesion Of the United States TO the declaration
OF Paris yet that they would rather dispense with it
altogether than be our domestic controversy
He insisted somewhat poniedly that could take no
just exception 10 this outside declaration to DO made
simultaneously with tho execution OF the I'M
dob thpff OlppHu
made parties TO controversy and that tho very facts
Of your hesitation was additional reason why they
should insist upon max ing s.ch cocmporaneOuS dccara
ton az they proposed.
These remarks Of Mr.. Thouveno are certainly dstin
guishcd by entire frankness. 1t shall be my effort 70
| ply to them with moderation and candor
In 1856 France, Great Britain, Russia, Prussia Slr
dina and Turkey being assembled in Congress at Paris
with view modify the Law If nations so as to mclio
rate the evils If maritime war, adopted and SGT forth
declaration, which j. IN the following words
l. Prvatcer.ng is and remains abolished
2. The neutral flag covers enemyS goods, with the ex
ception Of cuntraband of war.
3. Neutral goods with The exception Of contraband Of
war. are not liable to capture under cnemy's flag
a. Boceadcs, IN order 10 be binding must be effect i've
that Is TO say, maintained by forces sufficient really to
prevent access TO the coast Of the enemy.
The States which constituted tho Congress mutually
agreed to submit the declaration to all other nations aud
invite them to accede to H. II to be submitted as no
special or narrow treaty between particular state, FOR
limited periods special purposes Of advantage or under
peculiar circumstances but the contrary its several
articles were by voluntary acceptance Of maritime
Powers to cons itutc chapter law OF nations
and cnch one OF the articles TO be universal and ccr
nal in It's application and obligation France especially
invited the United states to these articles An
invitation was actually rendered to all other civilized ma
ons, and the articles la, been already adopted by forty
one of the Powers thus invited The United States hest
lated. but only for the purpose OF making effort to
induce The other parties 10 enlarge the benctcent scope
Of tho declaration Having failed in that effort,
they after delay in such great inter
national discussions offer their adhesion 10 that deca
ration, piro and simple in til, FORM words manner
IN which il was originally adopted and accepted by all
mai hpt h,np,
it, France declines 10 receive that adhesion unless she
be allowed to make special declaration. which would
constitute an additional and qualifying article, limiting
the obligations Of France to the United states to a mar.
rover range than the obligations which the United states
must assume towards France and towards every other
one Of the tortysix soYcregns who parties IL aud
narrower than the mutual Obligations Of all those parties
including France herself.
II we should accede to that condition, it manifesy
would not he the declaration Of the Congress OF Paris to
which VIC would be adherng, but different ana special
and peculiar treaty between France and the United
States only. Even such a treaty il would be nm.
equal. Assuming that Mr. Thouvcncs reasoning is cor
rect should in TINT case be contracting an ob,iga
ton directly or indirectly, To impicate ourselves In any
internal conflict that may he existing or that may
hereafter in France while she would be distinctly
states
know that France il friend and means to be lust
ana equal towards the United States. must assume,
therefore, that she means not to make an except onal
arrangement with us but to carry Out the arrange
ment ~ her Interpretation o! he obligations Of the de
caraiion OF the Congress Of Paris in regard to other
Powers Thus carried ont the declaration Paris would
he eNponnded so to exclude all internal conflicts in
States from the application Of the articles of that ccc
braed declaration Most 0! The Of modern times
perhaps Of all meshave been insurrect onary wars or
:. internal conflicts" II the position now assumed by
France should thus be taken by all the other parties
the dccaraon then il would follow that the rs article
of that instrument instead Of being in fact universal
and ciIccual inhibition Of the practice OF priyateering
would abrogate It only in wars between foreign nations
while 1t would enjoy universal liberation civil and social
wars With great Difference cannot but think that,
thus modified the declaration Of the Congress of Paris
would lose much OF the which il has hitherto
received from Christian nations II it proper for me
pursue the argument further might add that sedi,ion
insnrrecton and treason would find in such new read
ing Of the declaration Of Paris encouragement which
would tend to render The most stable and even the most
hcneiccnt systems Of government insecure Nor do
know villa, grounds il be contended that practices
more destructive TO property and life ought tolerated
in civil or fatrcidal wars than allowed in wars he
tween Independent nal ions.
cannot, indeed admit that the engagement which
France Is required 10 nuke without the qualifying dcca-
ration IN question, would directly or indirectly implicate
her in our internal ndcs But if such should be its el
feet must, in The first place. discam any desi fer
such an intervention on the part Of the United states
The whole Of this long correspondence has one of
It's objects tie purpose Of ayertng any such Intervention
IT, however, such intervention would be the result of
the unq allied execution Of the Convention by France
then the laut clearly he inherent the dec
The Congress Of Paris Itself and il Is not resu Of snv
thing that tie United 81 ,te' have done proposed
Two motives induced item TO tender their adhesion TO
tina. dc ,laration-ist SINGER desire 10 cooperate Nth
ime second, desire to reece fuace from anu
apprehension Of ddRccr 70 the is ,npry If her people
IN
reh zee engaged ~ gir"s her, oted all tie g,,1roa
IN that respect ich contained H. declaration of
ne Congress ct Pa,is. The latter VI these two motives il
put TO rest nsnmcch Trance declines ciarap.
ts6 offer. oubtess she is satisfied that they nre IN
necessary We have always rractsed on the principles
Of the d. clalation. We did long before thew were
adopted by the Congress Of Paii the right Of
neutras friendly States concerned. While our re-
a,ios with France they now are we shall con-
tinuo the practice the less faithfully than
| bound TO do so by solemn conyenti)n
The other and higher motive will remain unsatisfed
aud IL VIII lose none OF its force We shall ready 70
accede TO the declaration Of Paris with every Power that
will agree 10 adopt ts principles for tho government Of
ts relations TO and which shall content 10 accent
adhesion The basis upon which all the other
| parties to il have acceded.
| We know thai France has high and generous arnbi
tion. We shall wait for Der 10 accept hereafter that CO.
operation On our part, in great reform which size now
declines. We shah doubt that, when the present
embarrassment which causes her 10 decline This coovcra
ton hail have been removed viii be she win
then agree with 10 80 stil further and abolish the
confscaton Of property If begerent citizens and
subjects in maritime war.
lou viii inform Mr. 1houyene thai the rroposed de.
claratoI the part OF the Emperor deemed nadmis
sibe by the President OF the United States and il il shall
be insisted upon, you will then inform him that YOU are
tons the subject involved am, sir ycur obed.pI
servant, WILLIAM H. SEW Arm
WV. L. rNfoS Esq, &c, Sc, &c