‘Catching Brother Jonathan in the Trap which He Laid for Us’ — The Genesis of the Declaration of Paris

Abstract

In this chapter the inquiry into the history of the Declaration of Paris proceeds to the actual document, from the first drafts to the final treaty and its subsequent signature by the seven most important European powers. The US attempt to utilise maritime law to split the Anglo-French alliance, combined with the prospect of imminent war between Britain and the USA in 1856, persuaded the British government to consider signing a treaty granting neutral rights permanently if it also included US acceptance that privateering was banned. Getting rid of privateering seemed more important than ever because letters of marque would have been a pillar of the US war effort. Crucially, Britain informed the French government of these deliberations, leading to France’s proposal for a multilateral treaty at the European congress that ended the Crimean War. The second part of the chapter will describe the negotiations from the French draft presented as a consequence of the British idea of a ‘package deal’, to the final document signed on 16 April 1856 and its subsequent justification in Parliament.