Mr. Webb to Mr.
Seward.
Legation of
the United States,
Petropolis, [No
date.]
Sir: A few days after my last despatch the
secretary of the Marquis d’Abrantes, a Greek of great learning and
cleverness, who is a special favorite of the Emperor, and who is placed
near the foreign secretary to relieve him from much of his duty, called
at my lodgings in the city, and at once announced that he was sent to
have an interview with me in relation to my last despatch. He conceded
that the Marquis d’Abrantes had not understood or made himself familiar
with the Sumter case when he wrote the despatch of which I complained;
and what made it worse and peculiarly awkward for the marquis, who had
authorized him to express in the warmest terms his personal friendship
for me, as well as his friendship for the United States, was the
unfortunate fact that he had just made a speech in the senate, in which
he had used the identical language of the despatch.
He said he was authorized by the marquis to assure me, and that I was at
liberty to say to you, that the removal of the governor of Maranham was
solely and exclusively on account of his conduct in the affair of the
Sumter, which should have been disclaimed at once. He said that in his
judgment, and, he was happy to say, in the opinion of the Emperor and
the marquis, Brazil is bound by every consideration of interest and
safety to cultivate the closest relations with the United States, and is
prepared to do so; and he begged that I would accept of these verbal
explanations and assurances, to be repeated by the marquis in person,
instead of a written reply to my note, to which I was justly entitled,
but which would be exceedingly embarrassing.
I replied that to be content with a verbal reply was impossible; and I
instanced the fact that Sr. Taques had agreed with me upon a mode of
disposing of the Sumter case, which I had
reported to my government, and which he had subsequently repudiated. I
had resolved, therefore, not to be exposed to any similar contingency,
although I well knew that the high character of the Marquis d’Abrantes
rendered any such repudiation impossible. It was better, however, to
have a rule upon the subject, and adhere to it; and I suggested that a
despatch might be written which would, in a measure, meet the
contingency, and relieve the marquis from his predicament. And inasmuch
as he was authorized to assure me that this government could not
comprehend wherein its position was different from that of the
governments of Europe, the declaration of that fact in very precise
terms would certainly be advisable, and could not be attended with any
difficulty. Our conversation occupied more than an hour, and was very
frank and free.
[Page 720]
In the course of our conversation I brought up the question of our
claims, and actually (in confidence) read to him my intended despatch
insisting upon their settlement. And I permitted him to infer that the
order to me to demand a settlement of the three long pending claims was
an evidence of the soreness of our government in regard to the Sumter difficulty, and its grave determination
not to be trifled with longer by this government.
On the following day I forwarded to the foreign office my demand for a
settlement of our claims, a copy of which I enclose, marked No. 1, and I
think you will admit it does not mince the matter. With this despatch
before the secretary, he wrote his reply of the 24th instant to my
troublesome despatch, denying that the conduct of Brazil had not
affected injuriously the feelings of friendship so long existing between
the two governments; and I look upon that document, the original of
which I forward, marked No. 2, as being a virtual carrying out of my
conversation with Calogeras. It might have been stronger, and less
diplomatic; but as it is to be published in the very teeth of what the
marquis said in the senate, I think it all we should demand. The
assertion that “Brazil neither had nor. has any intention to place
itself in an exceptional position with the
government of the Union,” and that her position “is perfectly identical with that adopted by other maritime
powers,” is intended to cover all that portion of your just
remonstrance.
I shall now wait to receive the action of the government upon our claims;
and if, as I hope, it is prompt and favorable, I shall express verbally
to the Marquis d’Abrantes my satisfaction with his reply, and hand him a
copy of your despatch No. 26, dated May 9, although not instructed to do
so. Its friendly tenor cannot fail to be acceptable.
I have the honor to be, very respectfully, your obedient servant,
Hon. William H. Seward, Secretary of State of the United States.
[Untitled]
Legation of the United States,
Petropolis, July,
1862.
The undersigned, envoy extraordinary and minister plenipotentiary
from the United States, has the honor to inform his excellency the
Marquis d’Abrantes, counsellor to his Imperial Majesty, minister and
secretary of state for foreign affairs, that he has been instructed
by his government to call the attention of the government of Brazil
to the long standing and much neglected claims of its citizens for
reclamation in the cases of the bark Edna and the brigs Nebo and
Caroline.
The case of the Nebo extends back to December, 1851, and its justice
has been fully conceded by the government of Brazil.
The claim in case of the Caroline is founded on occurrences which
took place in 1855, and the facts have been so clearly presented
that the predecessor of the undersigned reported to his government
the amount due would be promptly forthcoming.
The barratry, on the part of the captain, “in
collusion with the judge municipal, under whose corrupt decree a
sound and seaworthy vessel, with all her cargo in a good state of
preservation, was fraudulently sold and sacrificed at auction, the
master himself secretly becoming the purchaser with the knowledge of
the Brazilian judge,” was proved in the courts of Brazil, on the
trial of the captain, and a verdict was rendered
accordingly. Brazil admitted the claim, and, in December,
1859, the minister of foreign affairs informed Mr. Mead that
[Page 721]
the adjustment of the
amount of the claim had been referred to the minister of justice,
for his immediate action, and “a prompt reply” was promised.
After a lapse of nine months, that is, on the 26th September, 1860,
Mr. Mead called attention to the fact that no attention had been
paid by the Brazilian government to their pledge made nine months
previously, and he earnestly pressed for action on the subject.
The case of the bark Edna also occurred in 1855, and a demand for
redress was made by Mr. Mead also. No notice was taken of the demand
for four years, although it was attended by circumstances of an
aggravated nature, well calculated to cause the United States to
doubt the friendship and the justice of Brazil. Mr. Mead finally
succeeded in procuring a hearing and consideration of the case, and
he was led to believe by this government that the claim was
established and would be promptly liquidated.
But it appears by the records of the Department of State, at
Washington, that every reasonable expectation formed by my
predecessor upon the promises of the government of Brazil were
erroneous; and, in consequence, on the 3d of May, 1861, in obedience
to instructions, he addressed an earnest remonstrance to the
Secretary of Foreign Affairs, from which the following is an
extract:
“The undersigned hopes that his excellency the minister of foreign
affairs, duly appreciating the patience manifested by the United
States government towards that of Brazil, will now proceed promptly
to consider and decide upon the three cases of the barks Nebo and
Edna and the brig Caroline; the three together involving more than
$100,000.
“It is not the intention of the undersigned to argue these cases
further. He contents himself with the notes already addressed to the
Brazilian government, some of which, though
written more than a year ago, have never been replied to.
This delay has sometimes given rise to the suggestion that it may
not be the purpose of the Brazilian
government to take further notice of them. Such a thought, however,
is so repugnant to the preconceptions entertained of Brazilian
courtesy, and to the very friendly relations that have always
subsisted between the two governments, that it was suffered to abide
but a very short time in the breast of the undersigned. He now calls
the attention of his excellency again to these questions, in the
full confidence that they will be speedily attended to and finally
settled. No additional lights can be thrown upon a subject that has
been under examination and discussed for periods of six and eight
(and ten) years.”
And previous to Mr. Mead’s leaving this country, in July last, he
reported to the government of the United States that although the
principles involved in the claims of the Nebo, Edina, and Caroline,
had been acknowledged, and in the two former cases inadequate
compensation had been offered and declined,
he despaired of any favorable action. And he added, “I am apprehensive that little attention will now
he given to them. Until our own government is in a more settled
condition, we may scarcely expect this to give itself much
concern about our demands upon it”
The undersigned is reminded by his government that the earnest appeal
to the justice and friendship of the Brazilian government, made by
his predecessor more than fourteen months
ago, was not responded to, and to this day has been treated
with studied neglect. It is not for the undersigned to assume that
the cause for such neglect is to be found in the internal
difficulties existing in the United States. Such an inference would
be insulting to his own government and exceedingly offensive to that
of Brazil; and if his predecessor had not been in sympathy with
those in rebellion against the government of the United States he
could not have entertained such a sentiment without demanding the
immediate settlement of our long pending claims or closing his
mission at a court which could thus trifle with the government he
represented. It is no part of the intention of the undersigned,
therefore, to look for the causes of delay on
[Page 722]
the part of the Brazilian goverment to
do justice to the claims of citizens of the United States which have
been pressed upon its consideration from seven to twelve years past;
but he is instructed by his government once again to call the
attention of the government of his Imperial Majesty to the fact that
the government of the United States, in the discharge of its duties,
must insist upon an earnest consideration and early settlement of
the claims of its citizens in the case of the Nebo, which has now
been under consideration nearly eleven years,
and in the cases of the Edna and Caroline, which have been pending
some seven years. Further delay would
virtually amount to a denial of justice, and it would better become
the dignity of both governments that such denial of justice should
be frank and specific than that these claims should be considered
“pending,” after their merits have been discussed and conceded. The
claimants have a right to be clamorous for their settlement, and
they are, in the opinion of the undersigned, quite justifiable in
saying to him, as they recently have, “if our government will not
protect us in our just claims against foreign governments, then let
them pay our claims out of the national treasury. Let it be just to
its own citizens, even if it be not able to induce other powers to
respect its nationality.” The undersigned is quite certain that
whatever may have been the causes operating upon the Brazilian
government to induce it to treat with apparent neglect, if not contempt, the most urgent appeals
of our government for a settlement of the claims referred to, they
cannot be founded in any want of respect for the government or
people of the United States and while the extraordinary delay to act
in the cases of the Nebo, the Edna, and the Caroline, during a
period of from seven to twelve years, has virtually amounted to a
denial of justice and caused the government of the United States to
be censured by those whom it was instituted to protect, other causes
than want of respect for the United States have doubtless produced
this strange and unprecedented state of affairs.
The undersigned, therefore, indulges the hope that in reporting to
his government that he has obeyed its instructions, and pointed out
to Brazil the long suffering of our citizens and the forbearance and
patience of the government of the United States, he will be
authorized by your excellency to add that the causes for delay in
the settlement of our claims, whatever they may have been, have
ceased, and that they will be promptly and satisfactorily adjusted.
And he avails himself of this occasion to convey to the secretary of
foreign affairs the renewed assurances of his great personal regard
and most distinguished consideration.
His Excellency the Marquis D’Abrantes,
Counsellor to his Imperial Majesty, Minister
and Secretary of State for Foreign Affairs.
[Translation.]
Central Division—No.
2.
Ministry of Foreign
Affairs,
Rio de Janeiro,
July 24, 1862.
The undersigned, of the council of his Majesty the Emperor, minister
and secretary of state of foreign affairs, has before him the note
which, under date of the 3d instant, Mr. James Watson Webb, envoy
extraordinary and minister plenipotentiary of the United States of
North America at this court, has done him the honor to address to
him.
The subject of the note referred to is the late period of that which,
under date
[Page 723]
of the 16th of
last month, the undersigned sent to Mr. Webb in relation to the
Sumter question, declaring that, in view of the conclusions of the
late despatches from the government of the Union, the imperial
government deemed it proper to put an end to the discussion, it
being flattering to it to observe that out of this would not result
the slightest disturbance of the relations of friendship and good
understanding between the two countries which both have so much
interest in maintaining.
Alluding to the last-mentioned despatches from his government, and
briefly calling to mind all that has taken place in regard to the
matter in question, Mr. Webb concludes by saying that the reply
which I had the honor to send to him does not seem to him to be in
harmony with the state in which the discussion of this affair has
remained.
The undersigned will not conceal from Mr. Webb that the imperial
government has experienced the greatest sorrow, and at the same time
the greatest surprise, in learning that the government of the Union,
since the frank explanations which were given to it, still discovers
hostility in the proceeding which the president of the province of
Maranham had with the ship Sumpter of the Confederate States.
And because it does not in any way desire that the discussion of such
a disagreeable subject should be renewed, the undersigned will only
give to this note, in reply to that from Mr. Webb, the exclusive
purpose of declaring that the government of his Majesty the Emperor
has always entertained, and now entertains, the strong conviction
that the president of the province of Maranham has never had the
slightest intention of favoring the secessionist States, and still
less of being unfriendly or hostile to the government of the
Union.
This was the ground, and there could be no other, of the discussion
which the imperial government maintained; and it was on this account
that, conscious of the sincerity of its intentions, and persuaded
that that sincerity would be comprehended by the government of the
Union, it hesitated not in considering the discussion at an end,
flattering itself that out of this would not result the slightest
disturbance of the relations of friendship and good understanding
subsisting between the two countries.
To what has been stated the undersigned will merely ask Mr. Webb’s
permission to add that the principles of neutrality adopted and
followed by the imperial government in the contest of which the
North American Union is the theatre are those which are laid down in
the note from this ministry addressed to Mr. Webb on the 23d of
January of the present year, and in the circular of the 1st of
August of last year, issued by said ministry to the delegates of the
imperial government in the provinces.
These principles being perfectly identical with those which are
adopted and followed by other maritime powers, and having to be
scrupulously carried into effect, it becomes evident that Brazil has
had no intention of placing herself in an exceptional position
towards the government of the Union in the deplorable contest in
which it is engaged.
In the hope that these explanations will satisfy Mr. Webb, the
undersigned avails himself of the opportunity to reiterate to him
the assurances of his high consideration.
