Mr. Harvey to Mr. Seward .

No. 6.]

Sir: I have just had my first interview with Mr. d’Avila, the minister of foreign affairs, since being presented to the King, and desire to report its purpose and character. While no instructions have reached me in regard to the desired action of this government concerning privateers, I considered it proper, in view of the facilities offered by the ports of Portugal and her colonies to prizes, to call the attention of the proper authorities to it at the earliest opportunity when I was in an official position to do so with effect.

On the very day of my arrival here, and when I did not anticipate the painful delays and difficulties which have since occurred, I told General Morgan of my intention to ask for a proclamation excluding privateers, as soon as I was presented. He addressed a note to the foreign office on the 2d instant, in which the general question was discussed at much length. And although he afterwards called several times upon Mr. d’Avila, no answer was obtained before his departure yesterday.

These were the circumstances under which I felt it necessary to go forward and to ask for some decisive action. I told Mr. d’Avila frankly that I did not desire to signalize my advent here by any protracted correspondence, and least of all by a controversy, and that the sentiments which I had expressed at my audience of presentation were those which really animated me. I informed him that a condition of affairs existed in the United States which required me to claim an early and positive expression of views by the Portuguese government on this subject, and therefore he must excuse my seeming urgency. He inquired if I adopted the note which General Morgan had addressed to him. I answered that I accepted the principle, but was willing to waive a correspondence, if the object could be accomplished by a direct and candid interchange of opinions orally, when there would be less difficulty in understanding each other, and a readier mode of reaching a conclusion promptly. He concurred in this suggestion, and said it reflected his own sincere dispositions.

I then told him that a proclamation forbidding the ports of Portugal and her colonies to privateers and their prizes, in explicit terms, would be satisfactory, and argued that, as Portugal had acquiesced in the treaty of Paris of 1856, there ought to be no difficulty in making this declaration. In order to strengthen the reason, I suggested that the proclamation might be made broad and general, because I most desired the assertion of a practical principle which would cover the case completely. He seemed to assent to the idea, and remarked that it was disembarrassed materially by the fact that the government of the United States had discountenanced the issuing of letters of marque. I told him that the government had not only done that, but that it deprecated and denounced the system, which certain insurrectionary and tumultuous assemblages of people had proclaimed with a professed authority.

In order that no misapprehension might occur, I notified Mr. d’Avila that a proclamation or declaration which, in doubtful phrases or by implication, recognized the existence of any pretended organization in the United States, independent of the government which accredited me, and which alone has power to make treaties and conduct diplomatic intercourse, would be regarded as a most unfriendly act by the President.

After again urging upon him reasons for an early decision, he explained that the cortes were now in session night and day, but expected to adjourn soon, when he would lay the matter before the King’s council, and obtain their opinion, which he thought would conform to my request. I asked him [Page 406] to name a convenient day when an answer might be expected. He declined fixing a time certain, but expressed the belief that by the middle of next week the council could be convened, and this subject should have precedence over all others.

In proposing a proclamation such as I have suggested, vessels-of-war and their prizes would be allowed entry to the ports of Portugal, which the English and French governments have expressly excluded, putting them on the same footing with privateers. As I have acted upon my own motion in this matter, I submit it to your approbation.

With high respect, your obedient servant.

JAMES E. HARVEY.

Hon. William H. Seward,
Secretary of State.