Mr. Dayton to Mr. Seward.

No. 44.]

Sir: Your despatches, 41, 42, and 43, are duly received through Captain Schulz.

Your action, indicated in 41 and 42, has been anticipated by me In a letter from Mr. Adams, dated London, August 1, 1861, he encloses me a copy of Lord John Russell’s note of July 31, 1861, and in reference to the vague paragraph to which your despatches refer he says: “I do not quite comprehend the drift of the last paragraph, but I presume you will find it out in the progress of your negotiation.” This I immediately answered by a letter, of which I herewith send you a copy.

Their subsequent offer to make a written outside declaration cotemporaneous with the execution of the treaty was a degree of frankness which I did [Page 248] not anticipate, and for which I had not given them credit. I shall wait with great pleasure, according to your instructions, “the result of the explanations which Mr. Adams is instructed to ask,” but I expect that both he and I have already received all necessary explanations on that point. My conversations, at least with Mr. Thouvenel, have covered the whole ground, as stated to you in despatch No. 35. I add that I communicated immediately to Mr. Adams the substance of that conversation with Mr. Thouvenel.

The exequatur of James Lesley, appointed consul of the United States to Lyons, was applied for immediately on the receipt of his commission.

With much respect, I have the honor to be, your obedient servant,

WILLIAM L. DAYTON.

His Excellency William H. Seward,
Secretary of State, &c.

[Untitled]

Sir: I acknowledge with pleasure the receipt of yours of the 1st instant, enclosing a copy of your note to Lord John Russel and his reply. I feel that we have done a good thing in getting the reply of the British government (declaring the amendment to the treaty of Paris inadmissible) in writing. At least, we can proceed now, under our instructions, with a consciousness that we not only have not neglected this point, but that we have the evidence of having pressed it affirmatively. You say you do not comprehend the drift of the last paragraph in Lord John’s reply. I think I do, at least, in part, and I shall not be surprised if the meaning, which he has purposely wrapped up in that general language, should in the end break off all negotiation. He may not refer to this language again, but unless you ask its meaning before the treaty is negotiated, it will be used by them afterwards as an excuse for not carrying it in effect as respects the insurrectionists of the south. The paragraph states, “the engagement of Great Britain will be prospective, and will not invalidate anything already done.” The comment after the treaty, predicated upon this language, will be: “We had declared before the treaty that the southern insurrectionists were a belligerent party, and entitled to belligerent rights, (among which is the right to issue letters of marque,) and the treaty was to be prospective only, and not to invalidate anything already done. That, in other words, it does not bind your disloyal citizens, recognized by us as a belligerent party.” I long ago wrote Mr. Seward that these powers would, in my judgment, either refuse to negotiate, or, if they did negotiate, it would be with the understanding that it secured us no rights not already conceded, and charged them with no duties not heretofore acknowledged, It is advisable that we raise no question in advance in reference to this matter, but it is necessary that we know what they mean as we go along.

With much respect, I am yours truly,

WM. L. DAYTON.

His Excellency Chas. F. Adams,
United States Minister.