Florida which was liberated at Boston was paid off at Liverpool on the 20th of February last, and to each was given leave of absence till the 10th instant, when they were to report for duty on board the Rappahannock, at Calais. I immediately wrote (inclosure No. 1) to Mr. Drouyn de Lhuys, and at an interview which I had with his excellency in the afternoon placed it in his hands. His excellency read it, expressed dissatisfaction with the alleged conduct of the vessel, and said it should be looked into at once. [328] I remarked that I did not suppose I could say anything that would make the duty of the government in reference to this abuse of the hospitality of France more clear, and then I went on to other 1 business. In the course of my conversation upon other topics, I had occasion to refer again to this vessel, as you will see in dispatch No. 42, when he said, "I shall send a copy of your letter to the minister of marine at once," intimating at the same time his decided disapproval of the use made of the Rappahannock, and his determination to have it stopped. I have written to our consular agent at Calais to keep me fully advised of everything that may occur on board the Rappahannock, especially between this and the 10th instant. I am, sir, with great respect, your very obedient servant, Hon. WILLIAM H. SEWARD, Secretary of State, &c., &c., &c. JOHN BIGELOW. Mr. John Slidell to Mr. Drouyn de Lhuys, minister of foreign affairs. PARIS, June 9, 1864. (329] *SIR: On the 17th February last the Confederate States warsteamer Rappahannock having completed her repairs at the port of Calais and taken on board a supply of coal, her commander notified the authorities of the port of his wish to proceed to sea, when he was informed that instructions had been given by his excellency the minister of marine not to permit the departure of the vessel. On the 26th February, the undersigned had the honor to address your excellency on the subject of this detention, and to demonstrate conclusively, as he thought, that no just cause existed for the detention of the Rappahannock; no answer having been made to this letter, the undersigned, on the 14th March, again addressed your excellency, and requested to be informed of the reasons of the detention. This letter also remaining unanswered, the undersigned advised the commander of the Rappahannock to give notice of his intention to strike his flag, withdraw his crew, and abandon his vessel to the proper authorities of the port. This step was accordingly taken by the commander, who, on the 16th, informed in writing the commissary of marine at Calais of his intention to abandon his vessel on the 15th of May. In the mean while the undersigned was verbally informed that the question of the Rappahannock had been referred for examination and report, by your excellency, to a commission of jurisconsults, and having reason to expect a prompt and definite solution of the question, advised the commander of the vessel not to carry ont the intended abandonment. More than month has now elapsed since the reference to the com [330] mission of jurisconsults, and the prospect of a definite *solution of the question seems to be as remote as ever. The undersigned considering a longer acquiescence in the detention of the Rappahannock, without even the allegation of a cause for her detention, incompatible with the respect due to the flag of the government that he has the honor to represent, intends to renew the advice heretofore given to her commander to strike his flag and abandon his vessel. He ventures to express the hope that your excellency will favor him with a reply to this letter, in order that he may be able to communicate to his government the reasons which have induced your excellency to pursue a course so little in accordance, not only with the good will towards the Confederate States which was supposed to animate the government of the Emperor, but, as the undersigned thinks, in opposition to its proclaimed neutrality. The undersigned prays your excellency to receive the assurance of the great respect with which he has the honor to be your excellency's most obedient servant, His Excellency Mr. DRUYN DE LHUYS, JOHN SLIDELL. Minister of Foreign Affairs. Mr. Benjamin to Mr. John Slidell. [Extract.] DEPARTMENT OF STATE, Richmond, June 23, 1864. SIR: I can scarcely trust myself with the expression of the indignation felt by the president at the evasions and injustice of the French government in relation to the Rappahannock. He is of opinion that the delay in the action finally taken by you on the subject went [331] *to the extreme verge of propriety, and is gratified to find that the decisive step was adopted of striking her flag and leaving her to the responsibility of the French government. The speech of Mr. Rouber on the 12th ultimo in the French chamber, and the circular letter of Mr. Drouyn de Lhuys of 4th ultimo, as given in that speech, have just reached us in the Index of 19th May, and may probably be regarded as correctly translated by Mr. Holze. They indicate so complete an "extente" between the cabinets of Washington and Paris, that we should be blind indeed if we failed to attach to these incidents their true sig. nificance. I am, very respectfully, your obedient servant, Hon. JOHN SLIDELL, &c., Paris. [332] J. P. BENJAMIN, Secretary of State. *Mr. John Slidell to Mr. J. P. Benjamin. [Extract.] PARIS, June 30, 1864. SIR: I said that I had asked an interview for the purpose of knowing distinctly what was to be done with the Rappahannock; that she had been detained, without cause assigned, for more than four months; and that I could not obtain a written response to my various communications on that subject. I hoped now to have a verbal one. He said that he had not replied to my communications, because he was not prepared to give a conclusive answer; that he had written the day previous to the president of the senate asking for an early report, and so soon as that should be received he would decide what should be done, and would inform me of his decision. I have obtained, from a confidential source, a copy of the "dispositif" of the report of the consultative committee in the case of the Rappahannock; it runs thus: Le comité est d'avis que c'est seulement sous la condition de reduire l'effectif de l'équipage au nombre des hommes qui étaient sur le navire au jour de la re[333] lâche, et après l'accomplissement de cette condition que le gouvernement de l'Empereur devra lever l'interdiction de prendre la mer qui a été prononcée contre le navire confédéré le Rappahannock. I annex copy of a letter addressed by me to the Duke de Persigny on the subject of the Rappahannock, written at his suggestion, that he might lay it before the Emperor, which he has done. Considering it of the greatest importance that we should continue to harass and destroy the commerce of the enemy, I have advised Captain Bullock to use every exertion to put to sea at as early a date as possible several cruisers to supply the place of the Alabama, and, as we cannot rely upon having vessels expressly constructed for the purpose, to make use of the fittest instruments that he can command. In this I had but recommended a purpose that he had anticipated, and which will be carried out, and to which Commodore Barron gives his hearty concurrence. I have the honor to remain, with great respect, your obedient servant, JOHN SLIDELL. Hon. J. P. BENJAMIN, Secretary of State. [334] Mr. John Slidell to the Duke de Persigny. [Extract.] PARIS, 19 Rue de Marignan, June 17, 1864. *MY DEAR DUKE DE PERSIGNY: To whom but you, the only decided and consistent friend of the confederacy whom it has been my fortune to meet in France, can I apply for advice and assistance under the very disagreeable and embarrassing circumstances in which I tind myself? There is, however, another grievance, comparatively of very minor importance in a material point of view, but of the greatest gravity, inasmuch as it trenches the honor of the confederate flag, for the removal of which I invoke your good offices. The confederate steamer Rappahannock put into the port of Calais to repair damages which had occurred at sea; she was hospitably received, and completed her repairs with the approbation and under the surveil lance of the commissary of marine, acting under the instructions of the minister of marine. Her commandant desiring to proceed to sea, applied, on the 17th February last, for the necessary permissions, which was denied. The hip is still detained, and up to this moment every explanation of the cause of her detention has been refused. In the month of April the question of her detention was referred by the minister of foreign affairs to the "comité consultatif du contentien" for examination and report. That committee, provided by the president of the senate and composed of distinguished jurisconsults and diplomatists, has, as I am in[335] formed within a few days, *decided unanimously that there was no sufficient cause for the detention of the Rappahannock, and has so reported. I have good reason to believe that the report would have been made much sooner had it not been intimated to Mr. Troplong that it would be well to defer it until the chambers should have adjourned. I cannot permit myself to believe that in this matter M. Drouyn de Lhuys is acting in strict accordance with the wishes of the Emperor; sure I am, at least, that the Emperor cannot desire that insult should be added to injury, as it unquestionably is, when the minister, although repeatedly asked, will not even condescend to give a reason of any sort for the course he thinks proper to pursue; a course which is in direct opposition to the neutrality which he professes his resolution to maintain. Am I expecting too much, my dear Duke de Persigny, when I express the hope that your great and well-merited influence will be exercised to obtain, if not redress for what I consider a flagrant wrong, at least some explanation, which will relieve me from the humiliation of finding my remonstrances systematically unnoticed by the minister of foreign affairs. Believe me, most faithfully and respectfully, your friend and servant, JOHN SLIDELL. [336] *Mr. John Slidell to Mr. J. P. Benjamin. [Extract.] PARIS, August 8, 1865. SIR: Commodore Barron and Captain Bullock have fully advised the secretary of the navy of the reasons which induced Captain Fountleroy not to avail himself of the tardy and ungracious permission for the sailing of the Rappahannock. They may be summed up in the inadequacy of the number of men which he was allowed to retain, the impossibility of shipping and dispatching from England or elsewhere the remainder of the crew, the presence of four of the enemy's cruisers in the neighborhood of Calais, the inability of the ship to carry more than five days' full supply of coal, and her general unfitness for the service in which she was to be employed. I have the honor to be, with great respect, your most obedient servant, JOHN SLIDELL. Hon. J. P. BENJAMIN, Secretary of State. [339] * 1 I.-ITALY. Codice penale del regno d'Italia. 174. Chiunque con atti ostili non-approvati dal governo del re avrà esposto lo stato ad una dichiurazione di guerra, sarà punito colla relega zione; se la guerra ne fosse segnita, la pena sarà dei lavori forzati a tempo. 175. Chiunque con atti non approvati dal governo del re avrà esposto regnicoli a voffrire rappresaglie, sara punito colla relegazione estensible ad anni dieci o col carcere; salve le pene maggiori in cui fosse incorso per gliatti corumessi. Si il colpevole è un punzionario publico soggiacerà alla pena della relegazione. [Translation.] Penal statute of the kingdom of Italy. 174. If any person whosoever shall, by acts not authorized by the government of the King, have exposed the state to a declaration [340 of war, he shall be punished with banishment; if the war has been actually carried out, he shall be punished with temporary penal servitude. 175. If any person whosoever shall, by acts not approved of by the government of the King, have exposed the subjects of the kingdom to reprisals, he shall be punished with banishment even for a term of ten years, or with imprisonment, without prejudice to any further penalty to which he may be liable on account of the acts he has committed. If the offender be a public functionary, he shall be punished with ban-· ishment. These provisions are similar to those of the Code Pénal of France on the same subject, and to those of the Netherlands, Belgium, Bavaria, Spain, Portugal, and other countries of Europe, as collected in the work entitled "Le gularioni comparatodel codice penale Italiano," by Marteno Speciolo Castelleri, p. 284. In all these codes, therefore, the commentaries, cases, and opinions, having reference to Articles 84 and 85 of the Code Pénal of France, apply. Special commentary thereon is, nevertheless, subjoined.-(Commentario del codice penale, T. Ferrarotti, Vol. I, pp. 261, 262.) [341] Codice degli ex stati Extensi-Art. 169, n. 6, Veggasene il testo sotto l'art. 169 precedente. Occorendo decidere quali atti abbiano a ritenersi siccome capaci ad esporre i regnicoli a subire rappresaglie? Consultinsi Carnot, Comm. sull' art. 85, n. 2.-Haus, Osseri, Sul. prog. Belg., t. 11, p. 23.-Dalloz, t. XXVII, p. 7.-Rauter, Tratt. di drit. crim., § 287.-Chauveau et Hélié, t. 1, n. 1062, ediz. Brux. Il fatto d'aver tentato di allontanare militari nazionali dalle loro bandiere per farli passare in paese straniaro, 'constituisce il crimine di reclutamento all'estero, ancorchè lo stato non abbia nemici all' estero nè ribelli all' interno, e sia in pace con tutte le altre protenze. Cass. Franc., 2 april, 1831.-Sir., t. XXXI, parte 1, p. 377-13 febbraio, 1823.-. Morin e Sabire, 1. c.-Carnot, art. 92, n. 6. Sulla questione se lo scopo di questo articulo, sia di punire ogni armamento illegale, ovvero soltanto e più verosimilmente la leva illegittima di truppe armate, l'armamento illegale di soldate destinati nell' intenzione dell' a gente ad attacare i poteri dello stato?-Vedi nel primo senso Cass. franc. 13 febbraio, 1823, riferita da Carnot sull' art. 92, n. 6. Contra nel secondo senso e più rettamente, secondo noi: Chauveau [342] *et Hélié, t. 1, n. 1179, ed. Brux. Quindi sembra inquesto ultimo |