Mr. Seward to Sir F. Bruce
Sir: Due consideration has been given to a despatch which Earl Russell addressed to you on the 2d of June, instant, and of which on the 14th instant you were so kind as to leave a copy at this department. The President is gratified by the information which that paper contains, to the effect that her Majesty’s government has determined to consider the war which has lately prevailed between the United States and the insurgents of this country to have ceased de facto, and that her Majesty’s government has recognized the reestablishment of peace within the whole territory of which the United States were in undisturbed possession at the beginning of the civil war.
The President is also gratified to learn from Earl Russell’s despatch that her Majesty’s government will forthwith send her Majesty’s authorities in all ports, harbors, and waters belonging to her Majesty, whether in the United Kingdom or beyond the seas, orders henceforth to refuse admission into any such ports, harbors, and waters of any vessel-of-war carrying the insurgent flag, and to require any insurgent vessels-of-war, which, after the time that the orders may be received by her Majesty’s authorities, may have already entered such ports, and which, having complied with the previous proclamations of the British government, may be actually within such ports, harbors, and waters, forthwith to depart from the same.
It is with regret, however, that I have to inform you that Earl Russell’s aforesaid despatch is accompanied by some explanations and reservations, which are deemed unacceptable by the government of the United States.
It is hardly necessary to say that the United States do not now admit what they have heretofore constantly controverted, that the original concession of belligerent privileges to the rebels by Great Britain was either necessary or just, or sanctioned by the law of nations.
The correspondence which took place between this government and that of her Majesty, at an early stage of the insurrection, shows that the United States deemed the formation of a mutual engagement by Great Britain with France, that those two powers would act in concert with regard to the said insurrection, to be an unfriendly proceeding, and that the United States therefore declined to receive from either of those powers any communication which avowed the existence of such an arrangement. I have, therefore, now to regret that Earl Russell has thought it necessary to inform this government that her Majesty’s government have found it expedient to consult with the government of France upon the questions whether her Majesty’s government will now recognize the restoration of peace in the United States.
It is a further source of regret that her Majesty’s government avow that they will continue still to require that any United States cruisers which shall hereafter be lying within a British port, harbor, or waters, shall be detained twenty-four hours, so as to afford an opportunity for an insurgent vessel, she actually being within the said port, harbor, or waters, to gain the advantage of the same time for her departure from the same port, harbor, or waters.
It is a further source of regret that her Majesty’s government have deemed it proper to make the additional reservation in favor of insurgent vessels-of-war, that, for the period of a whole month, which shall elapse after the new orders now to be issued by her Majesty’s government shall have been received by the said authorities, any insurgent vessel which may be found in, or may enter any port, harbor, or waters of her Majesty’s dominions, and which may desire to divest itself of its warlike character and to assume the flag of any nation recognized by her Majesty’s government with which her Majesty is at [Page 177] peace, will be allowed to do so; and further, that such vessels, after disarming themselves, will be permitted to remain in such port, harbor, or waters without an insurgent flag, although the twenty-four-hours rule will not be applicable to the cases of such vessels. Far from being able to admit the legality or justice of the instruction thus made, it is my duty to inform your excellency that in the first place the United States cannot consent to an abridgment of reciprocal hospitalities between the public vessels of the United States and those of Great Britain. So long as her Majesty’s government shall insist upon enforcing the twenty-four-hours rule, before mentioned, of which the United Sates have so long, and, as they think, so justly complained, the United Sates must apply the same rule to public vessels of Great Britain.
Again, it is my duty further to state that the United States cannot admit, and, on the contrary, they controvert and protest against, the decision of the British government which would allow vessels-of-war of insurgents or pirates to enter or to leave British ports, whether for disarmament or otherwise, or for. assuming a foreign flag or otherwise. As to all insurgent or piratical vessels found in ports, harbors, or waters of British dominions, whether they entered into such ports, harbors, or waters before or after any new orders of her Majesty’s government may be received by any authority of her Majesty’s government established there, this government maintains and insists that such vessels are forfeited to and ought to be delivered to the United States upon reasonable application in such cases made; and that if captured at sea, under whatever flag, by a naval force of the United States, such a capture will be lawful.
Notwithstanding, however, the exceptions and reservations which have been made by her Majesty’s government, and which have been herein considered, the United States accept with pleasure the declaration by which her Majesty’s government have withdrawn their former concession of a belligerent character to the insurgents; and this government further freely admits that the normal relations between the two countries being practically restored to the condition in which they stood before the civil war, the right to search British vessels has come to an end by an arrangement satisfactory in every material respect between the two nations.
It will be a source of satisfaction to this government to know that her Majesty’s government have considered the views herein presented in a spirit favorable to the establishment of a lasting and intimate friendship between the two nations.
I have the honor to be, with the highest consideration, sir, your obedient servant,
Hon. Sir Frederick W. A. Bruce, &c., &c., &c.