Mr. Dayton to Mr. Seward.
Sir: On the 19th instant I received a note from Mr. Drouyn de l’Huys requesting to see me on the next day (yesterday) in reference to certain matters of business. I, of course, attended at the foreign office at the time named. He [Page 796] then informed me that it had been reported to him that the United States steam ship Kearsarge, Captain Winslow, now in the port of Brest, kept her steam constantly up with the view, as supposed, of instantly following and catching, if possible, the Florida upon her leaving that port; and that France, having resolved to treat this vessel as a regularly commissioned ship-of-war, could not and would not permit this to be done. He said that the rule which requires that the vessel first leaving shall have twenty-four hours the start must be applied. To avoid the difficulty which he said must inevitably follow a disregard of this rule by Captain Winslow, he requested me to communicate to him the determination of this government, and apprise him of the necessity of complying with the rule. Inasmuch as nothing was to be gained by inviting the application of force, and increased difficulties might follow that course, I have communicated to Captain Winslow the letter of which I herewith send you a copy.
Mr. Drouyn de l’Huys furthermore informed me that this government, after much conference, (and, I think, some hesitation,) had concluded not to issue an order prohibiting an accession to the crew of the Florida while in port, inasmuch as such accession was necessary to her navigation. They had made inquiries, it would seem, and said they had ascertained that the seventy or seventy-five men discharged after she came into Brest were discharged because the period for which they had shipped had expired. He said, furthermore, that it was reported to him that the Kearsarge had likewise applied for some sailors and a pilot in that port, as well as for coal and leave to make repairs, all of which had been, and would be, if more were needed, cheerfully granted.
I told him I was quite confident the Kearsarge had made no attempt to ship a crew there, and that as respects a pilot, that stood on ground peculiar to itself, and had no reference to the general principle.
The determination which has been reached by the French authorities to allow the shipment of a crew, or so large a portion of one, on board of the Florida while lying in their port, is, I think, wrong, even supposing that vessel a regularly commissioned ship-of-war. I told Mr. Drouyn de l’Huys that, looking at it as a mere lawyer and clear of prejudices, which my official position might create, I thought this determination an error. He said, however, that in the conference they had reached that conclusion unanimously, although a majority of the ministry considering the question were lawyers. It may happen, however, that the decision will have no practical effect, as my last information from England makes it doubtful if the rebel agents there can get the men.
I am, sir, your obedient servant,
Hon. William H. Seward, Secretary of State, &c., &c., &c.