Mr. Harvey to Mr. Seward .

[Extract.]

No. 7.]

Sir: Since my despatch (No. 6) of the 25th instant, information reached me * * * * * * * * * * * * * * * * * * * * * * * * * that plans were concerted by the parties who had recently applied for the privilege of fitting out a privateer, and others, to accept letters of marque from the so-called Confederate States, and to use some of the remote islands of Portugal as places of rendezvous for outfit and for the disposal of any prizes that might be taken.

In view of the facilities offered for these nefarious enterprises in the Azores, Madeira, Cape de Verd, and other islands, as well as in the small Indian possessions of that kingdom, I felt it proper to address the note, of which a copy is enclosed, to the minister of foreign affairs, yesterday, as a means of inducing him to take immediate and decisive action on the subject. These facts will serve to explain the seemingly urgent tone of my note, which I thought demanded by the necessity of the case.

I am, sir, very respectfully, your obedient servant,

JAMES E. HARVEY.

Hon. W. H. Seward,
Secretary of State.

[Untitled]

The undersigned presents his compliments to his excellency M. d’Avila, minister of foreign affairs of his most faithful Majesty, and begs leave to repeat in this form, for the convenience of a more precise understanding, the substance of the ideas which he had the honor to express in his interview with his excellency on the 25th instant.

Portugal has acceded fully to the anti-privateering doctrine established by the declaration of the congress of Paris of April, 1856, to which the assent of the United States has recently been given.

Opposed to the principle and practice of privateering, Portugal ought not [Page 407] to hesitate, as it appears to the undersigned, to declare by general proclamation, as a general principle and rule, that her ports are no longer open to privateers or their prizes.

This is the extent of the present request of the undersigned. He does not ask that Portugal shall make any particular application of the general rule to the peculiar and unhappy state of things now existing in the United States, nor that any unnecessary notice or cognizance should be taken of the disturbed condition of domestic affairs in the United States. Indeed, the government of the United States would not view with satisfaction any such superfluous and unnecessary expression of views or sentiments by any foreign power in regard to a state of things purely domestic, local, and temporary, to which a satisfactory termination will soon be placed by the ample power of the United States government. On the contrary, as the undersigned took occasion to assure his excellency M. d’Avila, at the personal interview referred to, any declaration which recognized the existence, even by implication, of a pretended organization in the United States, independent of the government, which alone has the power to make treaties, and to conduct diplomatic intercourse, and the authority of which cannot be questioned, would be considered as a most unfriendly act.

As little as the government of the United States would pretend to interfere in any analogous question that might possibly arise between the government of his most faithful Majesty and any of the provinces, of his kingdom, can the United States be disposed to view with satisfaction any such expression as that suggested on the part of his or any foreign government. At the same time it is manifest that questions of the most embarrassing and even dangerous character are, at any moment, liable to occur, if unlawful and piratical privateers, with unlawful prizes, should make their appearance in the waters of Portugal or her colonies, and it is with a view to the amicable anticipation of such possible contingencies that the undersigned has requested, and now repeats the request, that the government of his most faithful Majesty should simply carry out, to its natural and necessary consequence and application, the principle of the declaration of Paris above referred to, as having been fully acceded to by the enlightened government of his most faithful Majesty.

The undersigned begs to add the expression of his hopes that in advance of the issue of the proclamation, which, under these circumstances, he believes and expects will be issued at the earliest convenient day by his most faithful Majesty, the undersigned may be favored with an opportunity of seeing the proposed terms of the same, in order that, by means of frank interchange of views, there may be the more perfect certainty of such a friendly and reciprocally satisfactory harmony of views between the two governments as shall correspond to the sentiments already fully expressed by the undersigned on behalf of the President of the United States, and most satisfactorily and cordially responded to by his most faithful Majesty.

In conclusion, the undersigned respectfully asks that this subject, in view of its importance and possible complications, may be brought to the early notice of his most faithful Majesty, so as to preclude the happening of events which might involve grave consequences, to which the interests and good will of both nations are alike opposed. He appreciates the reasons which have been assigned for the delay, since the subject was first presented by his immediate predecessor, in a note to his excellency M. d’Avila, dated on the 2d of July; but urgent considerations have recently arisen which require the undersigned to submit this request on behalf of the government of the United States.

The undersigned avails himself of this occasion to renew the assurances of his most distinguished consideration.

JAMES E. HARVEY.