William L. Dayton to William H. Seward, February 11, 1864

Mr. Dayton to Mr. Seward

Sir: My despatch to Mr. Drouyn de l’Huys, of February 2, notifying him that, should the Rappahannock be permitted, under the circumstances, to go to sea, the French government would be considered justly responsible for all damages to our commerce, has had immediate attention.

Herewith I enclose to you a translation of Mr. Drouyn de l’Huys’s reply, and the report of the minister of marine. They claim exemption from responsibility, as it seems, upon the ground heretofore stated, that nothing will be supplied to this vessel except what is necessary to her “navigability,” and that it is the British government, as the minister of marine thinks, (from whose waters, it is said, the armament is to come,) that should be held answerable for damages. They promise, however, to investigate further as to the condition in which this vessel left the English ports and entered Calais. It is but just to Mr. Drouyn de l’Huys to say that when he assented to the general view that I had expressed that this vessel was not entitled to claim the aid and reparations which are extended of right to national vessels driven into port by stress of weather, his opinions and views were based on the facts as he and I then understood them. Those facts, I have no doubt, were then understood by us correctly; but some question would seem to be made on this subject by the minister of marine. I do not think the government can at all justify its action in equipping this vessel on the facts as they actually exist. It is not only a violation of the principles of international law, but a direct violation of the Emperor’s proclamation of neutrality made in 1861.

I am, sir, your obedient servant,