William L. Dayton to Chas. F. Adams, July 25, 1861

B.

Sir: Yours of the 19th instant, enclosing a copy of Lord John Russell’s of the 18th instant, was duly received by me at Paris. My powers to negotiate with France an accession by the United States to the treaty of Paris of 1856 are of the same general character as your own. Under those powers and the instructions received by me from Washington I did propose such accession to the government of France, but with an addition to the first clause of the following words: “And the private property of subjects or citizens of one of the belligerents shall not be seized, upon the high seas, by the vessels of war of the other belligerents, unless it may be contraband of war.” To this proposition I received an answer from the French minister of foreign affairs, dated June 20, 1861, the substance of which was that the French government declined to consider the proposition (inasmuch as it differed from the provisions of the treaty of Paris) unless it was addressed to all the powers who were parties to that convention. In the meantime I saw it stated in the public press of Europe that the British, French, Spanish, and Belgian governments had made a declaration of their intentions as respects their conduct towards the United States government and the insurgents of the south, and I was not certain whether our government would desire, under the circumstances, that the proposition to accede to the treaty in question, without the amendment, should be made.

Your renewed instructions to proceed on the basis of that treaty are subsequent to and with a full knowledge by our government of the facts hereinbefore stated.

Under these circumstances, therefore, I feel authorized and required to proceed without further delay. Before, however, I shall communicate further with the French government, I wish to know whether Great Britain has, at your instance, or otherwise, considered the amendment of the treaty hereinbefore referred to. Before abandoning the hope of obtaining the incorporation, in our code of maritime law, of that great and humane principle, it seems to me desirable that we should have distinct assurance that the principle will not be admitted. I do not recollect that Great Britain has any time, heretofore, answered distinctly, if at all, upon that proposition, but seems rather to have avoided it. I think it desirable that that answer should be of record, (either in a note from or to you,) so that the responsibility may attach, through all time, where it properly belongs.

Immediately upon the receipt of your answer I will enclose a copy of your notes, in connexion with that from Lord John Russell to the French government, and, as soon as heard from, advise you of its reply.

Respectfully, your obedient servant,