William L. Dayton to William H. Seward, August 19, 1864

Mr. Dayton to Mr. Seward

Sir: M. Dronyn de l’Huys recently made complaint to me of the conduct of Commodore Craven, of the United States ship Niagara, that when off the port of Cherbourg he failed in discharge of certain courtesies or international civilities due to the French flag, a copy of which letter of complaint is hereunto attached. I immediately addressed a note to the commodore then at Flushing to learn his view of the question, and the reasons he would assign for this conduct, to which I received a prompt answer. A copy of this answer has been by me attached to a note from myself, forwarded to M. Dronyn de l’Huys. A copy of this correspondence is hereunto attached.

I am, sir, your obedient servant,

M. Drouyn de l’Huys to Mr. Dayton

Memorandum.

The minister of foreign affairs of the Emperor has the honor to bring the following facts to the knowledge of M. the minister of the United States. The 6th of this month the federal frigate Niagara arrived in view of Cherbourg. A pilot-boat, as is usual, went alongside to offer her its services for entering into the harbor. Although the commander of the Niagara had not, as it seems, the intention to anchor at Cherbourg, the pilot was retained on the frigate, and a short time afterwards was sent to take an officer on board the federal corvette Sacramento, which had been in free pratique for several days, and was consequently in constant communication with the shore. This officer was afterwards taken back by the same pilot to the frigate Niagara with the captain of the Sacramento, and the American vice-consul, M. Liais. The two latter, after having remained some time upon the frigate, re-embarked in the pilot-boat to return into the harbor. At the moment when they left the Niagara, which was then near the pass between Fort Chaougnae and that on the end of the breakwater, that is to say, in French waters, the American vice-consul was saluted with seven guns, without any salute being paid either before or afterwards to the French flag.

M. the minister of the United States will recognize how much there is incorrect and much to be regretted in this manner of proceeding.

In communicating with the harbor without making the entry, that is to say, without having his bill of health examined, and without any authorization, the commander of the Niagara, in the first place, violated the sanitary regulations. After this first fault, aggravated still more by this circumstance, of sending an officer on board of the Sacramento, which had obtained free pratique, and was thus in constant relation with the shore, the commander of the Niagara has been wanting in the simplest proprieties in firing cannon within range of the French forts without having previously saluted the French flag. Things passed in such a manner that the guardship, charged to see to the observance of the sanitary regulations at Cherbourg, was able only at the last moment to remark their breach, and was obliged to confine itself to sending out to the boat which was bringing back the American vice-consul and the captain to the Sacramento a boat commanded by an officer, to bring to their notice the serious irregularity of which they had just been guilty.

The repetition of similar incidents, which constitute at once an offence against international usages, and a forgetfulness of the regards due to the French flag and to the French authorities, would risk compromising the good relations which these latter are desirous of entertaining with the American officers; and the government of the Emperor, if it was not assured (assuré) that they would not be renewed, might be led to interdict entrance into its ports to vessels which would act as the Niagara has done. The minister of foreign affairs; of his Majesty hopes, consequently, that M. the minister of the United States will be pleased to address to the American vice-consul at Cherbourg the blame which he has incurred, and to the commander of the federal navy the observations which the irregularities admit of—only the more difficult to pass over in silence since they have already occurred several times, although we have abstained from noticing them on every occasion.