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insurrectionary faction, when it establishes a de facto government, to be treated as a belligerent, but also that the fact of the attainment of this status is to be determined by the appearance of it in the eyes of foreign nations. If we should concede both of these positions, we should still insist that the exist ence of a de facto government, entitled to belligerent rights, is not established in the present case. We have already heard from most of the foreign nations. There are only two which seem so to construe appearances, and France is one of them. Are the judgments of these two to outweigh those of all other nations? Doubtless each nation may judge and act for itself, but it certainly cannot expect the United States to accept its decision upon a question vital to their national existence. The United States will not refine upon the question when and how new nations are born out of existing nations. They are well aware that the rights of the States involve their duties and their destinies, and they hold those rights to be absolute as against all foreign nations. These rights do not at all depend on the appearances which their condition may assume in the eyes of foreign nations, whether strangers, neutrals, friends, or even allies. The United States will maintain and defend their sovereignty throughout the bounds of the republic, and they deem all other nations bound to respect that sovereignty until, if ever, Providence shall consent that it shall be successfully overthrown. Any system of public law or national morality that conflicts with this would resolve society, first in this hemisphere and then in the other, into anarchy and chaos.

This government is sensible of the importance of the step it takes in declining to hear the communication the tender of which has drawn out these explanations. It believes, however, that it need not disturb the good relations which have so long and so happily subsisted between the United States and France.

The paper, as understood, while implying a disposition on the part of France to accord belligerent rights to the insurgents, does not name, specify, or even indicate one such belligerent right. On the other hand, the rights which it asserts that France expects, as a neutral, from the United States, as a belligerent, are even less than this government, on the 25th of April, instructed you to concede and guaranty to her by treaty, as a friend. On that day we offered to her our adhesion to the declaration of Paris, which contains four propositions, namely: 1st. That privateering shall be abolished. 2d. That a neutral flag covers enemy's goods not contraband of war. 3d. That goods of a neutral, not contraband, shall not be confiscated though found in an enemy's vessel. 4th. That blockades, in order to be lawful, must be maintained by competent force. We have always, when at war, conceded the three last of these rights to neutrals, a fortiori, we could not when at peace deny them to friendly nations. The first-named concession was proposed on the grounds already mentioned. We are still ready to guarantee these rights, by convention with France, whenever she shall authorize either you or her minister here to enter into convention. There is no reservation or difficulty about their application in the present case. We hold all the citizens of the United States, loyal or disloyal, alike included by the law of nations and treaties; and we hold ourselves bound by the same obligations to see, so far as may be in our power, that all our citizens, whether maintaining this government or engaged in overthrowing it, respect those rights in favor of France and of every other friendly nation. In any case, not only shall we allow no privateer or national vessel to violate the rights of friendly nations as I have thus described them, but we shall also employ all our naval force to prevent the insurgents from violating them just as much as we do to prevent them from violating the laws of our own country.

What, then, does France claim of us that we do not accord to her? Nothing. What do we refuse to France by declining to receive the communication sent to us through the hands of Mr. Mercier? Nothing but the privilege of telling us that we are at war, when we maintain we are at peace, and that she is a neutral, when we prefer to recognize her as a friend. Of course, it is understood that on this occasion we reserve, as on all others, our right to suppress the insurrection by naval as well as by military power, and for that purpose to close such of our ports as have fallen or may fall into the hands of the insurgents, either directly or in the more lenient and equitable form of a blockade, which for the present we have adopted. It is thus seen that there is no practical subject of difference between the two governments. The United States will hope that France will not think it necessary to adhere to and practice upon the speculation concerning the condition of our internal affairs which she has proposed to communicate to us. But however this may be, the United States will not anticipate any occasion for a change of the relations which, with scarcely any interruption, have existed between the two nations for three-quarters of a century, and have been very instrumental in promoting, not merely the prosperity and greatness of each State, but the cause of civil and religious liberty and free institutions throughout the world.

This government understands equally the interest of friendly nations and its own in the present emergency. If they shall not interfere, the attempt at revolution here will cease without inflicting serious evils upon foreign nations. All that they can do- by any interference, with a view to modify our action, will only serve to prolong the present unpleasant condition of things, and possibly to produce results that would be as universally calamitous as they would be irretrievable.

The case, as it now stands, is the simple, ordinary one that has happened at all times and in all countries. A discontented domestic faction seeks foreign intervention to overthrow the Constitution and the liberties of its own country. Such intervention, if yielded, is ultimately disastrous to the cause it is designed to aid. Every uncorrupted nation, in its deliberate moments, prefers its own integrity, even with unbearable evils, to division through the power or influence of any foreign State. This is so in France. It is not less so in this.country. Down deep in the heart of the American peopledeeper than the love of trade, or of freedom-deeper than the attachment to any local or sectional interest, or partizan pride or individual ambition— deeper than any other sentiment-is that one out of which the Constitution of this Union arose, namely, American independence-independence of all foreign control, alliance, or influence. Next above it lies the conviction that neither peace, nor safety, nor public liberty, nor prosperity, nor greatness, nor empire, can be attained here with the sacrifice of the unity of the people of North America. Those who, in a frenzy of passion, are building expectations on other principles do not know what they are doing. Whenever one part of this Union shall be found assuming bonds of dependence or of fraternity towards any foreign people, to the exclusion of the sympathies of their native land, then, even if not before, that spirit will be reawakened which brought the States of this republic into existence, and which will preserve them united until the common destiny which it opened to them shall be fully and completely realized.

I am, sir, respectfully, your obedient servant,

WILLIAM L. DAYTON, Esq., &c., &c., &c.

WILLIAM H. SEWARD.

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Your answer to offers of service and of materiel of war seems to have been judicious. If the War Department should find need for the latter, it will commission proper agents. As for the former, the offers for military service, aud by our own citizens, surpass equally our calls and our needs. Colonel Frémont's purchases are thankfully approved, and the drafts of yourself and Mr. Adams, mentioned by you, will be accepted. The President expresses great satisfaction with the promptness and decision manifested by you in the matter.

We wish to act singly and in good faith with the French government. We understand, and shall continue to understand, that France does not concede belligerent rights to the insurgents in contravention of our sovereignty. We shall insist that she does nothing adverse to our position, whatever may be said to the contrary.

She has proposed to tell us that she thinks the confederate States are entitled to belligerent rights. We have declined to hear that. We have not heard it. We shall continue to regard France as respecting our government, throughout the whole country, until she practically acts in violation of her friendly obligations to us, as we understand them. When she does that, it will be time enough to inquire whether, if we accede to the treaty of Paris, she could, after that, allow pirates upon our commerce shelter in her ports; and what our remedy then should be. We have no fear on this head.

We are dealing now as a nation at peace with France as a friend. We have told her that we shall not consent to her change of this relation.

She knows, distinctly, if she accepts our adhesion to the declaration of the congress of Paris, the ground on which it is given by us.

While saying this, however, we also confess that our solicitude on the subject is not so intense now, since the responsibility for the next step remains with France and not with us.

Still we wish you to act directly and frankly, being always ready to perform all we have offered.

This despatch is strictly confidential.

I am, sir, respectfully, your obedient servant,

WILLIAM H. SEWARD.

Mr. Dayton to Mr. Seward.

[Extracts.]

PARIS, June 22, 1861.

SIR: I have the honor to enclose to you a copy of the reply of Mr. Thouvenel to my proposition, on the part of the United States, to open negotiations for its accession to the treaty of Paris of 1856, according to the terms therein stated.

In our first conversation upon this subject, I understood from Mr. Thou

venel that on a written proposition from me for negotiation he would address the other powers (parties to the treaty) upon the subject. That a note from me would afford him a starting point for communicating with such powers. Upon further reflection, or upon conference with his associates in the government, he now writes that it will be necessary that I address myself jointly (if I understood him rightly) to all the powers associated in that treaty, before my proposition can be considered.

Our condition as respects privateering and the belligerent rights conceded to the south has been so changed by the action of Great Britain, France and Spain, subsequent to the first declaration of Lord John Russell, (stating that such belligerent rights would be conceded,) that I know not what may be the views of the government of the United States at this time as respects an accession to the treaty of 1856, pure and simple. But as I have learned that nothing substantially has been done in that direction at other points, and I do not see that the interests of the country will be jeoparded by a little delay, I shall await further instructions upon this subject. My first despatch referring to this matter was dated 22d of May last, and I doubt not I shall now receive an answer at an early day. If the government of the United States shall, in view of the circumstances, direct me to make the proposition to the French government to accede to the Paris treaty, pure and simple, I will, acting under such express direction, lose no time in making the proposition.

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With high consideration, I am yours, very truly,

Hon. WILLIAM H. SEWARD,

Secretary of State.

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WM. L. DAYTON.

Mr. Dayton to Mr. Seward.

[Extract.]

No. 14.]

PARIS, June 28, 1861.

SIR: Your despatches (Nos. 13 and 14) are duly received. The copy of your letter to Lord Lyons, recognizing the rights of neutrals to property taken in vessels of the insurgents, will be communicated on the first opportunity to Mr. Thouvenel. This will relieve any doubts the French government may have had heretofore on this subject.

* * * The Emperor and most of the ministers being in the country, and the legislative chambers about to adjourn, there is little probability of anything of interest occurring here at an early day, unless something shall occur in America which shall give rise to it.

With much respect, I am yours, very truly,

Hon. WM. H. SEWARD,

Secretary of State.

WM. L. DAYTON

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The President is highly gratified by the disposition which Mr. Thouvenel has made of the application of the agents of the insurrectionists for recognition of their pretended revolution. What you have reported to us in this respect is happily confirmed in even more emphatic language by the communication which Mr. Mercier has made to us to-day under instructions from his government.

We are pleased that you called Mr. Thouvenel's attention to the mischievous paragraph in the Moniteur, because it has drawn out renewed and most satisfactory assurances of the friendly feelings and good wishes of the government of France. At the same time, it is but just to ourselves that you shall now inform Mr. Thouvenel that it is our settled habit never to overhear what the press, or the ministers, or even the monarch of a foreign country with which we are in amity, says concerning us, and never to ask any explanations so long as such observations are not directly communicated by the government itself to us, and it, at the same time, discharges all its customary functions without hostility or injury to us. Our reasons for this are that we know, first, there are state necessities which do not always permit, in any country, the practice of entire frankness concerning foreign questions; secondly, that unguarded and inconsiderate expressions, even by persons in high authority, ought not to disturb established and harmonious relations between friendly nations; and, thirdly, that we know that the maintenance of our rights and character depend, as they ought, chiefly on our own fidelity to ourselves, and very little on the favorable opinion of even the most candid and liberal nations. Friendship towards, and confidence in, the good will of France towards us are settled habits of mind on the part of the American people. If anything is hastily written or spoken on either side that would seem to indicate a different sentiment, it is wise to let it pass without sensibility, and certainly without querulous animadversion.

Mr. Burlingame will, before this time, have been advised of his appointment as minister to China. His delay at Paris is approved in consideration of the peculiar circumstances of the case.

I am, sir, respectfully, your obedient servant,

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SIR: Your despatch No 12 (dated June 22) has been received. It relates to our proposition for accession to the declaration of Paris. This

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