Mr. Dayton to Mr. Seward

No. 429.]

Sir: In a conference with Mr. Drouyn de l’Huys on yesterday, he said he had some notes on his table in reference to the cases of the Florida and Georgia, which should have been sent to me before; but these vessels having been gone from the French ports for some time past, he now scarcely supposed it worth while to deliver them. I at once said that I much preferred they should be delivered even now. I preferred this because, as I told him, the action of this government in these cases, and analogous cases, extended beyond the occasions which gave rise to them; that France had been making rules of maritime law which might, at no distant day, be applied to herself. I thought it safest and best, therefore, for both parties, that a distinct understanding of the grounds on which she had placed herself should appear in and by her own written communication. Under these circumstances he at once handed me the two written unsigned communications, of which I herewith send you translations. The Rappahannock is yet detained in the port of Calais, under the direction of this government.

I am, sir, your obedient servant,

WM. L. DAYTON.

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

[Page 50]

[Translation.]

As soon as the confederate ship Florida, which had been forced to take refuge in the port of Brest, was in a state to go to sea, M. the maritime prefect, conformably to the instructions of the government of the Emperor, signified to the captain of this vessel that he was to withdraw from French waters within 24 hours. The Florida, in consequence, left the night of the 10th February. During her stay in the port of Brest the competent maritime authorities have been careful that the rules of the strictest neutrality should be observed in regard to her. In the matter of powder, of arms, and of all that which constitutes, in a word, warlike armaments, the precautions have been pushed as far as possible. M. the maritime prefect, in order to avoid the incorrect statements which often arise in similar cases, was not willing that the powder of the Florida, which, according to the regulations, ought to be disembarked before her entrance into the port, be deposited in the magazines, it remained in the roadstead under the surveillance of a French agent. The crew of the Florida was not completed, and although, according to the captain, he wanted 45 men, whose presence was necessary for the working of the ship, information collected with the most scrupulous care authorizes us in saying that he has made no attempt to recruit French citizens.

[Translation.]

M. the maritime prefect of the port of Cherbourg has rendered an account to M. the minister of the marine of the causes which opposed the departure from Cherbourg of the confederate ship Georgia, whose repairs are now completed. The captain of this vessel having been, as the instructions of the government of the Emperor prescribe, summoned to leave within a delay of 24 hours, has made known that the desertion of a great number of the men of his crew, particularly engineers, appertaining to the service of the engines, rendered it absolutely impossible for him to go to sea. The presence of other engineers being in effect indispensable to insure the navigation of the Georgia, there was there a case of force-majeure, which prevented the injunction addressed to the captain of the confederate vessel from being immediately followed; but M. the maritime prefect will take care that he conforms to it so soon as he shall be in a condition to do so.