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Home , Abraham Lincoln, Trent Affair

Abraham papers

1 , Memorandum on the , [December 1861]

1 On , 1861 Captain of the U. S. S. San Jacinto intercepted the Trent, a British ship in international waters, and arrested James Mason and who were on their way to Europe as representatives of the Confederacy. This violation of Britain's neutrality nearly led to armed conflict, but war was averted when the U. S. agreed to release Mason and Slidell and pay reparations. Secretary of State Seward nevertheless maintained the seizure was legal and therefore refused to apologize for the incident.

The document that follows represents Lincoln's own effort to come to terms personally with . Here, “Employing a characteristic technique which appeared on various other occasions, he carefully sketched a despatch on the subject; then the despatch was never sent.” See James G. Randall, Lincoln the President (: Dodd, Mead and Company, 1945) II, 45. In other words, Lincoln clarified the issue in his own mind by preparing a kind of experimental draft. In it he acknowledges that Wilkes acted without orders and that reparations by the might be appropriate, but by suggesting arbitration, he stops short of an offer to release Mason and Slidell outright. In fact, this document was never sent, and was not referred to by Lincoln in the cabinet meeting of Christmas Day, 1861 when release and reparations were decided upon.

This draft dispatch is preceded by a memorandum suggesting precedents in international law that Lincoln or Secretary of State Seward may have consulted during the Trent affair's early days.

“Orozembo”

1897 1807— 6. Ch. Rob. 430

Atalanta

Carolina1808

2 The despatch of Her Majesty's Secretary for Foreign Affairs, dated the 30th of November 1861, and, 3 of which your Lordship kindly furnished me a copy, has been carefully considered by the President; and he directs me to say that if there existed no fact, or facts pertinent to the case, beyond those stated in said despatch, the reparation sought by Great Brittain from the United States, would be justly due, and should be promptly made— The President is unwilling to believe that Her Majesty's Government will press for a categorical answer upon what appears to him to be only a partial record,

Abraham Lincoln papers http://www.loc.gov/resource/mal.1362300 in the making up of which, he has been allowed no part. He is reluctant to volunteer his view of the case, with no assurance that Her Majesty's Government will consent to hear him; yet this much he directs me to say, that this government has intended no affront to the British flag, or to the British nation; nor has it intended to force into discussion, an embarrassing question, all which is evident by the fact, hereby asserted, that the act complained of was done by the officer, without orders from, or expectation of, the government. But being done, it was no longer left to us to consider whether we might not, to avoid a controversy, waive an unimportant, though a strict right; because we too, as well as Great Brittain, have a people justly jealous of their rights, and in whose presence our government could undo the act complained of, only upon a fair showing that it was wrong, or, at least, very questionable— The United States government and people, are still willing to make reparation upon such showing.

2 Lord John Russell, the British foreign secretary, had sent a message on November 30 expressing the hope that the United States would settle the issue by releasing Mason and Slidell with a suitable apology.

3 Lord Richard Bickerton Pemell Lyons was British minister to the United States.

Accordingly I am instructed by the President to inquire whether Her Majesty's government will hear the United States upon the matter in question— The President desires, among other things, to bring into view, and have considered, the existing in the United States — the position Great 4 Brittain has assumed, including her Her Majesty's proclamation, in relation thereto — the relation the persons, whose seizure is the subject of complaint, bore to the United States, and the object of their voyage at the time they were seized — the knowledge which the Master of the Trent had of their relation to the United States, and of the object of their voyage, at the time he received them on board for the voyage — the place of the seizure — and the precedents, and respective positions assumed, in analogous cases, between Great Brittain and the United States.

4 In international law, the North's declaration of a naval blockade of Southern ports on April 19, 1861 amounted to an act of war affecting neutral powers. On May 13 declared the neutrality of Great Britain in the conflict, thus conferring belligerent status on the Confederacy. This afforded the latter certain rights in international law.

Upon a Submission, containing the foregoing facts, with those set forth in the before mentioned despatch to your Lordship, together with all other facts which either party may deem material, I am instructed to say the government of the United States will, if agreed to by Her Majesty's government, go to such friendly arbitration as is usual among nations, and will abide the result award.

Abraham Lincoln papers http://www.loc.gov/resource/mal.1362300 Or, in the alternative, Her Majesty's government may, upon the same record, determine whether any, and if any, what reparation is due from the United States; provided, no such reparation shall be different in character from, nor transcend, that proposed by your Lordship, as instructed in and by the despatch aforesaid; and, provided further, that the determination thus made shall be the law for all future analogous cases, between Great Brittain and the United States.

[Endorsed by Lincoln:]

Trent Affair.

[Endorsed by :]

Memorandum of the President

Abraham Lincoln papers http://www.loc.gov/resource/mal.1362300