the French government had been in error as to the fact of the alleged early purchase and payment so far as five or six thousand hogsheads of the tobacco were concerned. On this mistake being brought to the knowledge of the President, he at once consented to authorize the exportation of the 1,500 hogsheads, which it was still understood had been bought and paid for before the blockade, and said that he would review the subject as to the 6,500 hogsheads which it would appear had not been thus early purchased and paid for. When this decision was made known by Mr. Mercier to Mr. Paul, the French agent in Richmond, that gentleman then for the first time discovered, or at least made known the fact, that even the 1,500 hogsheads referred to were not paid for until after the blockade was established. This statement became known to Mr. Mercier just when he was on the eve of departing, and when I was at New York, and not at this capital, so that it could not be made a subject of correspondence between us. I therefore recommended to him, under the circumstances, to submit the altered state of the case to M. Drouyn de l'Huys. This government is satisfied that the imperial government is disposed to practice not only strict neutrality in our civil war, but also to extend to this government all the comity that shall be consistent with that relation. The President is therefore by no means inclined to insist rigorously on the condition of its concession concerning the tobacco in question. At the same time it is to be remembered that a waiver by Great Britain of a right to object to the relaxation of the blockade, so as to permit the exportation of this tobacco, was deemed necessary before those concessions were made, and that Great Britain made the waiver upon the direct application of the French government, and upon the express ground that the tobacco involved had been actually bought and paid for before the blockade was established. You will bring this important fact to the recollection of Mr. Drouyn de l'Huys, who may, if he shall deem it expedient, apply to her Majesty's government for a renewal of its original assent upon the now corrected state of facts. If the difficulty which I have thus stated shall be removed, the President will reconsider the case in the same spirit of liberality and comity towards France which has governed the previous proceedings of this government. SIR: Mr. Adams, by a despatch of the 17th ultimo, informs me that he has transmitted to you copies of papers relating to the case of the Victor, now called the Rappahannock, and whose arrival at Calais was announced in your No. 382. We are awaiting with much solicitude the course of the French government in the matter. SIR: Your despatches Nos. 446, 447, 448, and 449 are duly received. Mr. Drouyn de l'Huys said that he and the minister of marine had already consulted on the subject of the use of their ports, with a view to adopt some general rules, as England had done, and it was probable that such rules would be framed and notice of them given, but they were not yet prepared. I took occasion again to inform him that at least seventy persons had recently been sent from England to ship on some one of the three vessels now lying in French ports, and that a portion of these, at least, were intended for the Rappahannock; that this vessel at least could not claim, as the Florida did, a right to renew her crew while lying in a neutral port, for, in point of fact, she brought no crew in. She was sent over or brought over from the English side of the channel by mechanics, engineers, and firemen, who were on board of her temporarily only. Mr. Drouyn de l'Huys seems to agree with me altogether as to this vessel, and says the minister of marine agrees with him, but they do nothing. The vessel is not, however, ready to leave port, although I am informed that the Florida and Georgia are ready. The Kearsarge is yet off the port of Brest. These vessels will be accompanied to sea, as is stated in public journals, by a French ship-of-war, with the view, of course, to prevent any violation of the rules of international law. SIR: Your despatch No. 393 has been received. It is hoped that the insurgent vessel Rappahannock will be arrested as you anticipate. The remarks of Mr. Drouyn de l'Huys in his note to you of the 23d ult., in regard to complaints of French subjects against the United States, are some-what surprising. Most of the claimants are believed to have been residents of insurgent territory. France, by recognizing the insurgents as belligerents, may be expected to have accepted all the responsibility of that measure, and to be content to regard her subjects domiciled in belligerent territory as identified with belligerents themselves. There can be no question as to the applicability of this rule to domiciled merchants, and the reasons for its applicability to that class seem to be sufficient for it to embrace all aliens who reside in an enemy's country for the purpose of carrying on business of any kind. Waiving for the present, however, any further consideration of this point, the fact that we have long since proposed to the French government a convention for the adjustment of the claims of their subjects, and that this proposition is still pending, would seem to have made untimely reference to the matter in connexion with the case of the Rappahannock. It will also have been noticed that the President, in his last annual message, has recommended the establishment of a special tribunal for the settlement of claims of foreigners which have originated since the commencement of the war in this country. It is expected that the measure will receive full effect at the hands of Congress. Your obedient servant, WILLIAM L. DAYTON, Esq., &c., &c., &c. WILLIAM H. SEWARD. No. 457.] Mr. Seward to Mr. Dayton. DEPARTMENT OF STATE, Washington, January 13, 1864. SIR: Your despatch of December 25, No. 390, has been received. In one of my late communications I informed you of a new discovery that had occurred to delay the shipment of the tobacco of the French government at Richmond. M. Mercier, whose arrival at Paris will have anticipated this despatch, will, I trust, have made known to M. Drouyn de l'Huys the singular difficulties in regard to the matter which have arisen out of a misapprehension by all parties of an important fact in regard to the time when the tobacco was purchased and paid for by the French government. The discovery of this error is deemed to render a new presentation of the question to her Britannic Majesty's government necessary. While this representation is being made, I renew with pleasure the assurance that the President remains favorably disposed upon the subject. I am, sir, your obedient servant, SIR: Your despatch of the 25th ultimo, No. 389, is received, and the explanations of Mr. Drouyn de l'Huys therein recited are regarded by the President with much satisfaction. I am, sir, your obedient servant, WILLIAM L. DAYTON, Esq., &c., &r., &c. WILLIAM H. SEWARD. No. 400.] Mr. Dayton to Mr. Seward. PARIS, January 15, 1864. SIR: I have at length received from Mr. Drouyn de l'Huys, a reply in reference to the Rappahannock, now at Calais. It would seem that upon inquiries made by their own agents they are led to believe that the visit of the Rappahannock was casual and of necessity, and that they feel constrained, therefore, to treat this vessel like other vessels in distress only. I am quite sure, from the facts in my possession, that she made her escape from English waters by night, and came into the port of Calais in an unfinished condition; that she is now using that neutral port for the purpose of completing such equipment I think there is no doubt. From the fact, too, that twelve or fourteen men were there waiting her arrival, and, after a signal shown, attempted to get on board of her by a ruse, it is evident that she was expected in that port. I am by no means satisfied with the course of action which this government has adopted in reference to these vessels, and more especially in reference to the Rappahannock. I have already given them to understand that we shall consider them responsible for all damages which may accrue to us by reason of any future depredations committed by this vessel. I am, sir, your obedient servant, Hon. WILLIAM H. SEWARD, WILLIAM L. DAYTON. Secretary of State, &c., &c., &c. Mr. Drouyn de l'Huys to Mr. Dayton. [Translation.] PARIS, January 13, 1864. SIR: I have just received the answer of the minister of marine to the communications which I had addressed to him, as I have had the honor to inform you by my letter of the 23d of last month, in regard to the stay at Calais of the vessel the Rappahannock. It appears from it that this matter has already attracted the attention of M. le Cte. de Chasseloup Laubat, and that he had hastened to give the necessary orders that the captain of the vessel referred to might be able solely to put it in a state of navigability, and revictual with provisions and coal. It results also from an inquiry which was entered into on the spot, that Calais was not at all the port of destination of the Rappahannock when she left the shores of England; that unforeseen accidents only led her to take refuge in our waters, and that we could not under these circumstances refuse her an asylum, any more than to any other vessel placed in the same situation. This vessel has been, however, and continues to be the object of special surveillance, and you yourself will be satisfied with the care with which wth is kept that no suspicious object be introduced on board, by reading the report on this subject addressed to the department of the marine by the competent local authority, and herewith annexed in copy. I will add that M. le Cte. de Chasseloup Laubat, in limiting the facilities accorded to the Rappahannock to what is demanded for the equipment and seaworthiness of an ordinary vessel of commerce, has besides given directions not to authorize her to prolong her stay at Calais, so soon as she shall be in a state to go to sea. Receive the assurances of the high consideration with which I have the honor to be, sir, your very humble and very obedient servant, Mr. DAYTON, Minister of the United States at Paris. DROUYN DE L'HUYS. [Translation.] CALAIS, January 4, 1864. Upon the receipt of the despatch of your excellency, I requested further information of the established inspector of the customs in regard to the Rappahannock. It appears from his answer that the information given to H. E. M. the minister of foreign affairs has considerably exaggerated the significance of the number of packages addressed in this port to the confederate steamer. If the slightest attempt had been made to embark arms, munitions of war, or machines which might have been able to facilitate a transformation to the vessel, which has constantly been held in suspicion here, or to give to it the means of taking the offensive upon leaving Calais, severe measures would have been taken immediately, the Rappahannock detained, and orders requested without delay from your excellency, by means of the telegraph. It is correct, M. le Ministre, that quite a large quantity of material and manufactured objects has been imported from England, but, with the exception of pipes, destined to replace the defective parts of the tubular boilers, and the screw, no object of essential interest to it has reached here for the confederate steamer. Moreover, was not the screw absolutely indispensable? The vessel was provided with two screws in bronze, but in the state of the engine they caused a trembling which greatly fatigued the rear of the vessel, and an Eng lish manufacturer having proposed to Captain Campbell to take them in exchange for a single screw in cast-iron, he consented to this substitution, which even yet has not been made, although this propeller has been here for several weeks. The remainder of the packages contained some water-casks, utensils for the kitchen or intended for the steward's room, cloth or linen intended to clothe the crew, wool, &c., to mend the clothes, lace, blacking, signal flags, and not signal rockets; all objects, in fine, which permit this vessel to revictual as a vessel of commerce might do, by paying the duties, according to the usual tariffs for objects coming from abroad. If this vessel did not procure for herself here that which was wanting for its navigability, it could not go to sea, its masting particularly being so slightly supported that it would have fallen in the first rough weather. As I have made known to your excellency, from the beginning of the confederate steamer's stay here, I bave concerted with M. the inspector of the customs upon the measures of "surveillance" of which this vessel ought to be the object. A visit on board was made by these gentlemen upon its arrival, and did not lead to the discovery of either arms or artillery. The sacks, &c., of the sailors which have embarked have been examined. When the package arrives for the Rappahannock, it is visited by the custom-house officer upon landing, then escorted on board by an officer, or a sub-officer, and an officer of the customs. Besides, when this vessel shall be on the point of going to sea, a last search, as severe as possible, will be made on board. It has been for several weeks moored in the floating-dock, where officers of the customs are always on guard. This surveillance is sufficient to give security and to induce the assurance that upon leaving this port, where, it is true, it will be put in a good state of seaworthiness, the confederate vessel, whatever may be its name or its destination, will not be able to attack any vessel. Upon quitting Calais, this steamer, which put in there in a very defective state, although having on board elements almost sufficient to finish rendering her seaworthy, and even provisions in a sufficiently large quantity, will only be armed and equipped as a good vessel of commerce. No. 461.] Mr. Seward to Mr. Dayton. DEPARTMENT OF STATE Washington, January 16, 1864. SIR: Intelligence has reached here directly, and by the way of Vera Cruz, that Mr. J. H. Mansfield, the United States consul at Tabasco, has been imprisoned by the authorities there. Nothing, however, is officially known of the charges against him. Mr. Lane, the consul at Vera Cruz, in a despatch of the 2d ultimo, an extract from which is annexed, intimates that Mr. Mansfield has been unmindful of the neutrality prescribed by his instructions and by his duty as a consul of a power in amity with both France and Mexico. It is desirable, however, that we should be informed of the reason for the proceedings against him. You will consequently apply to Mr. Drouyn de l'Huys for information upon the subject. I am, sir, your obedient servant, WILLIAM L. DAYTON, Esq., &c., &c., &c. WILLIAM H. SEWARD. |