Mr. Dayton to Mr. Seward.

No. 364.]

Sir: Your despatches from 386 to 408, both inclusive, (excepting only 399 and 404,) have been duly received, and their contents noted. The two despatches which seem to be missing may yet come to hand, or there may be some error in numbering. I would, however, if rightly numbered, be glad to receive duplicates of them.

Herewith I enclose to you a translation of the answers of Mr. Drouyn de l’Huys and Compte Chasseloup Laubat, minister of marine, to my application in respect to the vessels-of-war now being constructed at Bordeaux and Nantes. I told Mr. Drouyn de l’Huys that these papers were not so explicit and full as I desired them, that I thought it but due to the United States, as a friendly government, that the authorization for arming these vessels, obtained through a fraudulent representation practiced upon the authorities of France, should be promptly withdrawn. He said he considered the letter from the minister of marine as equivalent to a promise to do so; that that minister in his letter had concurred with him (Mr. Drouyn de l’Huys) in the assurance that the strict neutrality would be maintained; and as the construction and armament of these ships for the purposes indicated was a clear violation of this neutrality, his letter was a promise, &c. I told him that their intended action on this question was too important to be left to inference, and I begged, therefore, an explicit answer as to what would be done in reference to this authorization and these vessels. He seemed to consider the letters in question a full answer, but said he would make a note of my request for a more explicit reply, and communicate it to the minister of marine.

You will observe that neither of these papers speak of the shells and projectiles, &c., except as connected with the armament of these vessels. I shall, of course, advise you promptly of whatever may be done in the premises.

I am, sir, your obedient servant,

WILLIAM L. DAYTON.

Hon. William H. Seward, Secretary of State, &c., &c., &c.

[Translation.]

Mr. de l’Huys to Mr. Dayton.

Sir: You have done me the honor to write to me, to call my attention to agreements entered into (marchés passés) in France, according to information which you have communicated to me, for the construction and delivery to the [Page 794] seceded States of several vessels armed for war. You have expressed the desire that the official authorization accorded for the armament of these vessels might be withdrawn, and that the government of the Emperor might take measures, which it should judge proper, to prevent the completion and delivery of the vessels themselves. I hastened to speak of this matter to my colleague of the department of the marine, recommending it very particularly to his examination. I do not believe that I can do better than to transmit to you, sir, a copy of the answer which he has just addressed to me. The only information which the department of the marine had directly received concerning the operations in question attributed to them, as you will see, is of such a character that, up to the present moment, there was no motive for hindering them. It is only, then, by the explanations which he is going to call forth, by the aid of the papers which you have brought to my knowledge, that M. le Comte de Chasseloup Laubat shall be able to judge of the measures to be taken conformably to our declaration of neutrality.

Accept the assurances of the high consideration with which I have the honor to be, sir, your very humble and very obedient servant,

DROUYN DE L’HUYS.

Mr. Dayton, Minister of the United States at Paris.

[Translation.]

M. the Minister of the Marine to M. le Minister of Foreign Affairs.

Monsieur le Minister and Dear Colleague: You have done me the honor to communicate to me the 25th of September last the copy, with its annexes, of a letter from M. the minister of the United States at Paris, relative to bargains entered into by Messrs. Arman & Voruz for the construction and delivery to the confederate government of several vessels armed for war.

In pointing out to my attention the gravity of this matter, which you recommend in a manner altogether special to my examination, you express the regret that my department had not thought proper to come to an understanding with that of the foreign affairs before answering the requests of Mr. Arman, who had obtained from the marine the authorization to provide his vessels with twelve cannon of 30.

As to that which concerns the authorization solicited by Mr. Arman, and which was necessary to him by the terms of the ordinance of the 12th July, 1847, I did not believe I ought to refuse it in consequence of the declaration of the constructor, who gave me the assurance, as, moreover, his correspondence with my department proves, that the vessels in construction in his work yards were destined to do service in the China seas and the Pacific—between China, Japan, and San Francisco. I could not, upon such a declaration, and knowing, besides, that the vessels of commerce which navigate the parts in question ought always to be furnished with a certain armament, in view of the numerous pirates which infest them, I could not, I say, answer negatively to the request of Mr. Arman, nor refuse Mr. Voruz the faculty of manufacturing the cannon destined to form this armament. This last authorization was the consequence of that given to the constructor to provide his vessels with artillery.

In granting to Mr. Voruz the permission to procure at Reuil the elucidations necessary to the manufacture of his cannon, I followed that which has always been done by my department in analogous circumstances, commerce only [Page 795] exceptionally giving itself to a manufacture which, in France, is almost never executed hut by the state.

As to the regrets expressed by your excellency, that the department of foreign affairs has not previously been consulted, I will cause you to remark that it was a question of arms to be caused to be manufactured by private industry, and not of material of war appertaining to the state, and delivered by the magazines of the state. This difference will not escape your excellency, and I would not have failed to come to an understanding with you if there had been asked of my department arms of the marine.

Upon the whole, my department has only conformed in this circumstance to its precedents. It could only trust to the declaration of Messrs. Arman & Voruz, and it could not be responsible for the unlawful operations which might be undertaken. I am going, however, to call forth from Messrs. Arman & Voruz explanations upon the facts of which you have spoken to me, and you may rest assured, M. and dear colleague, that the department of the marine will continue, as it has done up to the present day, to do everything which shall be necessary according to the wish of the Emperor, and conformably to the declaration of his government, in order that the most strict neutrality be observed in that which concerns the war which desolates America at this moment, &c.

CHASSELOUP LAUBAT.