Mr. Pike to Mr. Seward.

No. 23.]

Sir: I have the honor to enclose you the reply of the minister of foreign affairs to the communication I addressed to him on the 8th instant, in regard to the reappearance of the Sumter at Paramaribo. He states therein the character of the orders which have been sent to the colonial authorities, to which I referred in my last despatch, of October 12, (No. 22.)

The British minister here, Sir Andrew Buchanan, expressed incredulity and surprise when I informed him this government had issued the order in question. He declared the British government would not do it, and that the United States would not under similar circumstances. He said it was giving us an advantage, and was not therefore neutral conduct. He added that Russia asked Sweden to close her ports against both belligerents during the Crimean war, and England would not permit it, alleging that as Russia did not want to use them, and England did, it gave the former an advantage to which that power was not entitled. The British government held that Sweden, as a neutral, had no right to alter the natural situation unless it operated equally.

You see herein how thoroughly English officials (and it seems to me all others) are imbued with the idea that the rights of a mere belligerent are the same as the rights of a nation, in cases like the one under consideration.

I have received to-day a letter from our consul at Paramaribo, dated September 20, in which he says the United States steamer Powhatan arrived there on the 14th in search of the Sumter, and left for Brazil the same day; also that the Keystone State arrived on the 18th on the same errand, and left on the 19th for the West India islands.

Your despatch of the 28th of September, acknowledging receipt of mine of the 4th, has arrived. As you make no mention of mine of the 11th, it would seem another mail has missed. I wrote our despatch agent at London on the subject several days ago.

He replies that my despatch of the 4th of September went on the 7th, and that of the 11th on the 14th, which was in regular order.

I have the honor to be, with great respect, your most obedient servant,

JAMES S. PIKE.

Hon. William H. Seward,

Secretary of State, Washington.

Baron Van Zuylen to Mr. Pike.

[Translation.]

Sir: By your despatch of the 8th of this month you have fixed my attention, on the arrival of the “Sumter” at Paramaribo, and you complain that on this occasion the said vessel was admitted into ports of the Netherlands during eighteen days out of the forty-six in which the Sumter had shown herself in the West Indian seas.

You suppose that this is not a fortuitous case, and you demand that the government of the Netherlands, in accordance with the intentions mentioned at the close of my communication of the 17th September last, may not permit [Page 379] its ports to serve as stations or as base of hostile operations against the United States.

You have not deemed it your duty to enter for the moment on the discussion of the arguments contained in my above-mentioned communication, but you say that you wish to await preliminarily the reply of the cabinet at Washington.

I may, therefore, on my part, confine myself for the moment to referring, as to what regards the admission in general of the Sumter into the ports of the Netherlands and the character of this vessel, to the arguments contained in my communication of the 17th September, from which it follows, that if we do not choose to consider prima facie all the ships of the seceding States as privateers, and if, in the present case, the Sumter could not be, in the opinion of the government of the Netherlands, comprised among such, entrance to the ports of the Netherlands cannot be prohibited to that vessel without a departure from neutrality and from the express terms of the proclamation of the royal government.

It has already been observed that the latter, in forbidding access to the ports of the Netherlands to privateers, favors the United States much more, among others, than the declaration of the 10th of June by the French government, which, not permitting any vessel-of-war or privateer of the one or the other of the belligerents to sojourn with prizes in the ports of the empire for longer time than twenty-four hours, except in case of shelter through stress, (relâche forcée,) admits them without distinction when they do not bring prizes with them. But, without entering here into useless developments, I think I may observe to you, sir, that the royal government, whilst refusing to treat as pirates, or even to consider as privateers, all the vessels of the southern States, has striven, as much as the duties of strict neutrality permit, to keep the Sumter away from our ports. When this vessel arrived at Paramaribo, the commanders of two ships of the French imperial marine, which were there at the time, declared to the governor of Surinam that the Sumter was a regular vessel-of-war and not a privateer. The commander of the Sumter exhibited afterwards, to the same functionary, his commission as commandant in a regular navy.

Although there was no reason, under such circumstances, to refuse to the Sumter the enjoyment of the law of hospitality in all its extent, the governor, before referred to, strove to limit it as much as possible. Thus, although pit coal is not reputed contraband, if not at most, and within a recent time only, contraband by accident, it was not supplied to the Sumter except in the very restricted quantity of 125 tons, at the most sufficient for four days’ progress.

However, the government of the Netherlands, wishing to give a fresh proof of its desire [to avoid] all that could give the slightest subject for complaint to the United States, has just sent instructions to the colonial authorities, enjoining them not to admit, except in case of shelter from stress, (relâche forcée,) the vessels-of-war and privateers of the two belligerent parties, unless for twice twenty-four hours, and not to permit them, when they are steamers, to provide themselves with a quantity of coal more than sufficient for a run of twenty-four hours.

It is needless to add that the cabinet of the Hague will not depart from the principles mentioned at the close of my reply of the 17th September, of which you demand the application; it does know and will know how to act in conformity with the obligations of impartiality and of neutrality, without losing sight of the care for its own dignity.

Called by the confidence of the King to maintain that dignity, to defend the rights of the Crown, and to direct the relations of the state with foreign powers, I know not how to conceal from you, sir, that certain expressions in [Page 380] your communications above mentioned, of the 23d and 25th September last, have caused an unpleasant impression on the King’s government, and do not appear to me to correspond with the manner in which I have striven to treat the question now under discussion, or with the desire which actuates the government of the Netherlands to seek for a solution perfectly in harmony with its sentiments of friendship towards the United States, and with the observance of treaties.

The feeling of distrust which seems to have dictated your last despatch of the 8th of this month, and which shows itself especially in some entirely erroneous appreciations of the conduct of the government of the Netherlands, gives to the last, strong in its good faith and in its friendly intentions, just cause for astonishment. So, then, the cabinet of which I have the honor to form part deems that it may dispense with undertaking a justification useless to all who examine impartially and without passion the events which have taken place.

The news which has reached me from the royal legations at London and at Washington, relative to the conduct of the British government in the affair of the Sumter, can only corroborate the views developed in my reply of 17th September last, and in the present communication.

It results from this, in effect, that not only has the British government treated the Sumter exactly as was done at Curaçoa, since that vessel sojourned six or seven days at the island of Trinidad, where she was received amicably and considered as a vessel-of-war, but that the crown lawyers of England, having been consulted on the matter, have unanimously declared that the conduct of the governor of that colony of England had been in all points in conformity with the Queen’s proclamation of neutrality.

According to them the Sumter was not a privateer but a regular vessel-of war, (duly commissioned,) belonging to a state possessing the rights of war, (belligerent rights.)

The Sumter, then, has been treated as a vessel-of-war of the United States would have been, and that vessel had the same right to obtain supplies at Trinidad as any vessel belonging to the navy of the northern States.

Accept, sir, the fresh assurance of my high consideration.

DE ZUYLEN DE NIJEVELT.

Mr. Pike,
Minister Resident of the United States of America.