The History of the Civil War (Complete Edition). James Ford Rhodes
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apology for the aggression" be demanded. In accordance with this decision Earl Russell on November 30 prepared a despatch to Lord Lyons,74 the tone of which was softened and made more friendly on the suggestion of the Queen and Prince Consort: the Prince's direct words, somewhat at variance with the Queen's and his kindly spirit, were put into courteous diplomatic language, but the substance of the demand was in no way changed, and on Sunday, December 1, a Queen's messenger bearing it was on his way to Washington.
Great Britain began preparations for war. Instructions for such an eventuality were sent to Lord Lyons and to the Vice Admiral commanding the British fleet in American waters. Eight thousand troops75 were despatched to Canada. The Queen by proclamation prohibited the export of arms and ammunition, and the government laid an embargo on 3000 tons of saltpetre, the whole stock in the market, which had been recently bought for immediate shipment to the United States.
Curiously enough, the English like the American government was acting in response to popular sentiment and not in accordance with its law and precedents. Four days after the seizure of Mason and Slidell, but fifteen days before the news of it reached England, Adams, on the invitation of Palmerston, had an interview with him in his library [November 12]. The Prime Minister supposed that the Confederate commissioners were then approaching England as passengers in the West Indian packet, and that a United States vessel of war, then at Southampton, was on the watch for her with the intention of taking them from her by force. "I am not going into the question of your right to do such an act," Palmerston said. "Perhaps you might be justified in it … or perhaps you might not.… Such a step would be highly inexpedient.… It would be regarded here very unpleasantly if the captain … should within sight of the shore commit an act which would be felt as offensive to the national flag. Nor can I see the compensating advantage to be gained by it. It surely could not be supposed that the addition of one or two more to the number of persons who had already been some time in London on the same errand would be likely to produce any change in the policy already adopted."76
Palmerston's friendly advice was a mystery to Adams and remained so to American writers until 1908 when the Life of Delane was published. Delane was the editor of the London Times and had a close political friendship with the Prime Minister, who thus wrote to him on the day before the interview with Adams: "My dear Delane, It may be useful to you to know that the Chancellor, Dr. Lushington,77 the three law officers, Sir G. Grey,78 the Duke of Somerset,79 and myself met at the Treasury today 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 practiced and enforced by us, a belligerent has the 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."80 "Consequently," as Charles F. Adams wrote, "the San Jacinto might, on English principles of international law, stop the Trent, search her, and if the Southern men were on board, do exactly what Captain Wilkes had already just done,-take them out and then allow the packet to proceed on its voyage."81 Such was the opinion of the law officers in a hypothetical case on November 11, but, eighteen days later, when they considered an actual seizure, until then justified by English principles and practice, they reversed their decision and declared Wilkes's act "illegal and unjustifiable by international law."82 In other words, they abandoned the English precedent and adopted the hitherto American contention as more in accordance with the age of steam and conditions on the sea in the last half of the nineteenth century. The English public showed in its outburst of indignation that the opinion of November 11 was antiquated and demanded that the law be expounded and that the government should act in a manner to enforce their own opinion.
It is a common belief that our ministers and ambassadors to Great Britain succumb to the charm of English society, that dinners of the duchesses in London and country visits to persons of quality, distinction and influence are apt to weaken the American fibre. That was not the case with Adams. He went much into society in London and was frequently invited by persons of influence to visit them in their houses in the country. Indeed he was at Monckton Milnes's house in Yorkshire, when the news of the seizure of Mason and Slidell came. But with him the dinners, receptions and country visits were all in the line of his work, which was to do his part toward saving the republic. During the forty-two days of suspense, until he learned the settlement of the question, he maintained his equable temper, although he appreciated fully the gravity of the case. "There can be not a shadow of doubt," he wrote to Seward on December 6, "that the passions of the country are up and that a collision is inevitable if the Government of the United States" should sustain Captain Wilkes.83 It is evident from his private letters that if Adams had been Secretary of State he would have recommended the immediate surrender of Mason and Slidell. "The uniform tendency of our own policy," he wrote to Motley, "has been to set up very high the doctrine of neutral rights and to limit in every possible manner the odious doctrine of search. To have the two countries virtually changing their ground under this momentary temptation, would not, as it seems to me, tend to benefit the position of the United States." To R. H. Dana, he said, "What provokes me most is that we should consent to take up and to wear Great Britain's cast off rags."84
At 11:30 on the night of December 18, the Queen's messenger delivered Earl Russell's despatch to Lyons and also two private letters in which full instructions were given in words of tender consideration. Next day Lyons called upon Seward at the State Department, and in accordance with his instructions, acquainted him with the tenor of the official despatch. Seward asked Lyons "informally," "Was any time fixed by your instructions within which the U. S. Government must reply?" "I do not like to answer the question," was the response. "Of all things I wish to avoid the slightest appearance of a menace." Seward still pressed for private and confidential information. On this understanding, Lyons replied: "I will tell you. According to my instructions, I must have your answer in seven days." Seward then requested a copy of the despatch "unofficially and informally" as "so much depended upon the wording of it that it was impossible to come to a decision without reading it." To this Lyons replied that if he gave him the copy officially "the seven days would at once begin to run." Seward suggested that he be given the copy on the understanding that no one but the President and himself should know that it had been delivered. Lyons gladly complied with this suggestion and, on returning to the Embassy, sent a copy of the despatch to the Secretary in an envelope marked, "private and confidential." This brought an almost immediate visit from Seward, who expressed himself pleased to find that the "despatch was courteous and friendly and not dictatorial or menacing." Now, he asked in strict confidence, "Suppose that I sent you in seven days a refusal or a proposal to discuss the question?" "My instructions are positive," Lyons replied, "and leave me no discretion. If the answer is not satisfactory and, particularly if it does not include the immediate surrender of the prisoners, I cannot accept it."85 On the morning of December 23, the delay having occurred to suit Seward's business engagements and his wish to master the question completely, Lyons called again, read the despatch and left with the Secretary a copy of it: from this day, the seven days of waiting began to run.
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