Trent Affair

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Trent Affair

The Trent affair, which occurred during the early years of the U.S. Civil War, challenged the traditional concepts of freedom of the seas and the rights of neutrals and almost precipitated a war between the United States and Great Britain.

In 1861, the newly established Confederacy appointed two emissaries to represent its government overseas. James Murray Mason was assigned to London, England, and John Slidell was sent to Paris, France. The two envoys successfully made their way to Havana, Cuba, where they boarded an English ship, the Trent, which set sail on November 7. The next day, the San Jacinto, a Union warship under the command of Captain Charles Wilkes, an officer in the U.S. Navy, intercepted the Trent. Wilkes acted upon his own authority and detained the English ship. He ordered a search of the Trent, and when the two Confederates were discovered, he ordered them to be transferred to the San Jacinto and transported to Fort Warren in Boston. The Trent was allowed to continue without further interference.

Although Wilkes was praised by Northerners and several members of the cabinet of President Abraham Lincoln for his action against the Confederacy, his disregard for their rights as a neutral power angered the English. Wilkes had made the error of conducting the operation by himself rather than ordering the ship to port to undergo legal proceedings to determine if England had violated the rules of neutrality. Since Wilkes had not followed established legal procedure, he had no right to remove any cargo, human or otherwise, from another vessel.

English tempers flared and threats of war were issued. The English demands included a public apology and the release of the two Confederates. The English representative to the United States awaited orders to return to England if these demands were not met.

In England, however, news of the impending death of Prince Albert diverted attention from the Trent affair. When the English demands were received in the United States, Charles Francis Adams, U.S. diplomat to England, was ordered to explain to the English that Wilkes had acted of his own accord, without instructions from the government. In the meantime, Secretary of State William H. Seward studied the matter carefully; he knew that Wilkes's conduct had not been correct. Seward was also aware that he had two choices: war with England or release of the incarcerated Confederates. In a communiqué to England, Seward admitted the mistake of Wilkes, reported the release of Mason and Slidell, and upheld the sanctity of freedom of the seas. War with England was averted, and navigation rights were maintained.

Further readings

Ferris, Norman B. 1977. The Trent Affair: A Diplomatic Crisis. Knoxville: Univ. of Tennessee Press.

Warren, Gordon H. 1981. Fountain of Discontent: The Trent Affair and Freedom of the Seas. Boston: Northeastern Univ. Press.

Cross-references

Admiralty and Maritime Law.

West's Encyclopedia of American Law, edition 2. Copyright 2008 The Gale Group, Inc. All rights reserved.
References in periodicals archive ?
The first war crisis came, however, over the Trent affair in late 1861.
Andrew Lambert has argued that Palmerston's response to the Trent affair was part of a policy of "deterrence." Britain's real military strength was in the Royal Navy, but sending troops to Canada also sent a signal to the Americans.
The Trent affair also poisoned public attitudes in the two countries.
sez he, "I guess We know it now," sez he, "The Lion's paw is all the law, Accordin' to J.B., Thet's fit for you an' me!" (37) In Britain, the Trent affair accelerated the process of alienation towards the Union which began with the battle of Bull Run.
Having come to the brink of war over the Trent affair, and having stepped back from provoking an intervention crisis in the autumn of 1862 with war as its logical final phase, the opportunity for the British government to intervene in the great American Civil War, with all the potential to overwhelm the Union, had passed.
In spite of ill health, the Prince Consort was deeply concerned with the Trent Affair. He discussed the draft with Queen Victoria in great detail.
Here's the fifth, last and most fascinating "what if" of the Trent Affair. What if England had come into the war in December 1861?
The Trent Affair may well be one of the least thought of, yet greatest, "what ifs" of history.
Here comes the first "what if' of the Trent Affair. The taking of the Trent by the San Jacinto was no polite affair.
X factor in the Trent Affair. His behavior had been against all rational reasoning and advice of his officers.
A chapter on the Trent Affair, primarily a diplomatic imbroglio, seems extraneous.
Lincoln's uneven performance during the Trent affair is omitted.