the United
States was "acting with the single purpose of aiding to establish a
permanent doctrine for all time," and with the object of "ameliorating
the horrors of warfare all over the globe," he objected "to accompany
the act with a proceeding somewhat novel and anomalous," which on the
face of it seemed to imply a suspicion on the part of Great Britain that
the United States was "desirous at this time to take a part in the
Declaration [of Paris], not from any high purpose or durable policy, but
with the view of securing some small temporary object in the unhappy
struggle which is going on at home[248]." He also pointed out that
Russell's proposed declaration either was or was not a part of the
convention. If it was a part then the Senate of the United States must
ratify it as well as the convention itself, and he would have gone
beyond his instructions in submitting it. If not a part of the
convention there could be no advantage in making the Declaration since,
unratified by the Senate, it would have no force. Adams therefore
declined to proceed further with the matter until he had received new
instructions from Washington.
To this Russell answered, August 28, with a very explicit exposition of
his reasons. Great Britain, he said, had declared her neutrality in the
American conflict, thereby recognizing the belligerent rights of the
South. It followed that the South "might by the law of nations arm
privateers," and that these "must be regarded as the armed vessels of a
belligerent." But the United States had refused to recognize the status
of belligerency, and could therefore maintain that privateers issued by
the Southern States were in fact pirates, and might argue that a
European Power signing a convention with the United States, embodying
the principles of the Declaration of Paris, "would be bound to treat the
privateers of the so-called Confederate States as pirates." Hence
Russell pointed out, the two countries, arguing from contradictory
premises as to the status of the conflict in America, might become
involved in charges of bad faith and of violation of the convention. He
had therefore merely intended by his suggested declaration to prevent
any misconception by the United States.
"It is in this spirit that Her Majesty's Government decline
to bind themselves, without a clear explanation on their
part, to a Convention which, seemingly confined to an
adoption of the Declaration of Paris
|