Mr. Harvey to Mr.
Seward
No. 328.]
Legation of the United States,
Lisbon,
March 31, 1865.
Sir: The enclosed copy of a note which I had
occasion to address to the Duke de Loulé on the 29th instant, and the
papers which accompany it, will bring to your notice a vexatious
incident, which has excited much interest and feeling in this community.
It is not necessary now to repeat the details, since the complete
history of the case is related in the note to the minister of foreign
affairs. It may be observed, however, that no moral doubt was
entertained that the offence complained of originated in the inexcusable
mistake or excessive zeal of the imprudent officer in command of Belem
castle, which, though bearing a very imposing name, is really little
more than a beautiful architectural ornament to the harbor, and of no
consequence in a military point of view.
The government of his Majesty served no notice of any kind upon me,
applying to our ships what is known as the 24-hour rule, and I feel
authorized to state, from that fact and others, that there was no
intention on the part of the responsible authorities to impose any such
restraint upon their movements.
In the midst of the confusion and alarm which prevailed during the
presence of the Stonewall in port, and the apprehension that a collision
might occur in the Tagus, verbal orders were probably passed among
military officers, without definite instructions from their superiors,
which led to this untoward circumstance;
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still the event was of itself of a character which
could not be passed by in silence, and, after a lapse of 24 hours, I
addressed the Duke de Loulé in such terms as seemed to be appropriate to
the occasion, keeping in view the propriety of a dignified calmness, and
not forgetting that our own government had been recently compromised by
a similar indiscretion. That note was not delivered in point of fact at
the Foreign Office until yesterday at 12.20 p. m., and was sent from
there to the royal palace of the Ajuda, where the Duke de Loulé was
attending the King in a council of ministers. It was kept back in order
that there might be no appearance of precipitancy, and in the hope that
the government would anticipate the necessity of any communication
whatever.
At the usual audience of the diplomatic body later in the afternoon of
yesterday, the Duke de Loulé stated to several of my colleagues that he
was gratified with the moderation and tone of my representation, and
that he would respond to it by ample reparation for the wrong. I permit
myself to hope that this proceeding may merit the approval of the
department.
The shots which struck the Niagara did not inflict the least injury, or I
should have required the repairs to have been made.
I have the honor to be, sir, your obedient servant,
Hon. William H. Seward,
Secretary of State.
No. 1
Commodore Craven to Mr. Harvey
United States Frigate
Niagara,
Lisbon,
March 28, 1865.
Sir: With the object of shifting her berth
further up the river, so as to be nearer the usual landing straits,
at about 3.15 p. m., the Niagara was got under way with a regularly
authorized Portuguese pilot on board, and was about being turned
head “up stream,” when three shots were fired in rapid succession
directly at her from Castle Belem. Supposing that the officer
commanding the fort might have been under the impression that I was
in the act of following the pirate Stonewall out to sea, and had
fired those guns as a warning not to proceed, I immediately ordered
our flag to be dipped, or hauled part way down, a signal that his
warning was understood and that I did not intend to pass the
fort.
But, to my astonishment, so soon as those guns could be reloaded,
they were again fired at my ship, and this too when my flag was at
half-mast and the ship’s head being rapidly turned up stream. The
firing having been ceased for some few minutes, my flag was run up
to its place at the “peak,” when almost immediately a third volley
of three shots was fired at us. At the moment this last round was
fired at us the port quarter of the Niagara was presented to the
castle, and no one but an idiot could have imagined for a moment
that there was any appearance of intention on my part to quit the
port.
The officer who perpetrated this gross outrage upon our flag cannot
invent the least possible excuse for his conduct, and I feel that I
have only to submit this statement for your consideration, in order
that the whole case may be presented to the Portuguese
government.
I have the honor to be, sir, with great respect, your obedient
servant,
Hon. James E. Harvey,
Minister Resident of the United States of
America at Lisbon.
No. 2.
Mr. Ivens to Mr. Munro
Rua da Emenda,
March 29, 1865.
My Dear Sir: In reply to your request to be
informed of anything I know regarding the affair between the United
States ship Niagara and Belem castle, I beg to say that I went on
board said steamer between 3 and 4 o’clock yesterday afternoon with
my two sons, for the purpose of ascertaining what coals she might
require; when I spoke to Mr. Roberts, the chief engineer, he told me
that he could only state the quantity exactly, when she got to her
anchorage near the city; and as she was then under steam, and about
to leave her moorings, he told us
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we had better get into our boat at once, which
we did. I then steered for the Sacramento, and after a few minutes I
heard a gun, followed immediately by another, and looking round I
saw a shot or two strike the water, and in a short time two or
three, or more, one of which passed the Niagara and struck on the
shore, on the south side, near Porto Brandao, or the Lazaretto, when
the Niagara’s head was that way far over on the south side, viz.,
her head and stern across the river; this was the last shot I saw
fired.
I must mention also that at the second or third shot the Niagara
dipped her colors; I must also state that, as the tide was coming
in, her head was necessarily turned down river, therefore she could
not make the turn without steaming a little way ahead.
I remain, my dear sir, faithfully yours,
No. 3.
Mr. Tufnell et al. to Mr. Harvey
Sir: In compliance with your request, we
have to state that we were visiting the castle of Belem yesterday
afternoon about 3 o’clock, when suddenly a shotted gun was fired at
the United States ship-of-war Niagara which was then in motion, and
immediately after three others were discharged in quick succession.
Meanwhile the Niagara was plainly turning towards the city, and
after her bow was pointed in that direction, two other guns were
fired at her.
WILLIAM TUFNELL, London.
AUGUST ARNAUD, 48 Boulevard Picalle, Paris.
GEORGE W. WURTS, of Philadelphia. Attaché
a la Legation des Etats Unis a
Madrid.
His Excellency James E. Harvey,
Minister Resident of the United States at
Lisbon.
Mr. Harvey to Count de Loulé
Legation of the United
States,
Lisbon,
March 29, 1865.
Sir: The unpleasant duty is imposed upon me
of bringing to the attention of his Majesty’s government an event
which is officially reported by the letter of Commodore Craven,
communicated herewith, (marked No. 1,) and which, unexplained,
assumes the nature of an act of war on the part of the Portugese
against the United States, without notice, cause or provocation of
any sort. The facts of this case are so extraordinary that it is
difficult to believe they could have occurred in a community
governed by the laws and usages of civilized society.
The United States steamers Niagara and Sacramento arrived in this
port on Monday afternoon, the 27th instant, and upon entering the
harbor were verbally requested by some officer claiming to represent
the naval authorities to anchor near Belem, as much anxiety and
apprehension were entertained, owing to the presence in the Tagus of
the piratical cruiser Stonewall. Although that request involved
considerable inconvenience, and was in no manner obligatory, it was
at once respected and obeyed.
The two ships remained off Belem until about three o’clock yesterday
afternoon, some five hours after the departure of the Stonewall.
Commodore Craven then ordered them to be moved to the usual place of
mooring of vessels-of-war, which is more convenient for intercourse
with the city. The Niagara was under the charge of a regularly
licensed Portuguese pilot in making this change of position, and he
alone directed her movements. As soon as the ship got under way to
be turned, Belem castle discharged three shotted guns in quick
succession directly at the Niagara, without previous warning of any
kind. As Commodore Craven supposed that this hostile and
unwarrantable act proceeded from some misapprehension on the part of
the officer commanding at Belem, the flag of the Niagara was
immediately dipped or hauled partly down, a signal which is
universally understood to express submission to the governing
authority. The guns were reloaded and fired in flagrant disregard of
this token. The national flag of the United States was then hoisted
at the peak, and while the bow of the ship was actually turned to
the city, the guns of the castle again opened fire. These
proceedings were witnessed by numbers of persons and are verified in
detail by the statements marked Nos. 2 and 3, which accompany this
note.
Three of the shots struck the Niagara at different parts of the ship,
and if no life was sacrificed, it was not because the gunners at
Belem castle did not do their best regardless of consequences. If
the Niagara did not respond to this warlike demonstration, as she
was, and is still, entitled to do, it may be attributed to the
singular prudence and forbearance of
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Commodore Craven, who with becoming humanity
wished to avoid the effusion of blood, and to spare innocent persons
from the penalty which they would have inevitably shared with the
authors of this crime, if the broadside of the Niagara had been once
opened upon Castle Belem. A state of actual war would have then been
inaugurated, the consequences of which I do not permit myself to
contemplate.
It is assumed with entire confidence that his Majesty’s government
has in no way authorized or sanctioned the acts which are now
presented to notice, though it is not easy to reconcile the fact of
a military officer at all competent to command a post proceeding to
such violent extremities without the knowledge or consent of his
government. But whether that officer acted with or without
instructions, the actual responsibility is the same, though the
moral aspect of it may be modified by explanation.
The facts of the case admit of no dispute, and of no extenuation,
whether the plea be misapprehension, hot zeal, or ignorance of duty.
The amicable relations between governments and the grave questions
of peace and war are too momentous in themselves to be committed to
the keeping of a caprice, passion, prejudice or partiality.
The conviction is entertained that his Majesty’s government will
regard this matter in the only light that it can be viewed with due
respect to legal and moral obligations, and will be glad of the
opportunity to disavow at once all responsibility for the wrong,
accompanied by proper acknowledgment and atonement, to require the
flag of the United States to be saluted in form with a national
salute by Belem castle, and the national fortifications and ships in
harbor at a day and hour to be named for that purpose, and to visit
the officer who directed the firing upon the Niagara with the most
exemplary punishment.
As it is desirable for both parties that a question of this character
should not be allowed to hang in suspense, and as there is no
necessity or reason for discussion since the proof is conclusive,
the hope is indulged that his Majesty’s government will find it
convenient to signify its pleasure within forty-eight hours after
the delivery of this note, in order that the decision may be made
known to my government, by the British packet which can be
intercepted in Ireland on Sunday next by the telegraph.
In closing this communication, I beg to assure your excellency of a
sincere and earnest desire on my part to avoid any and every form of
complication, and to strengthen friendly relations between the two
countries in the most enduring manner.
I avail myself of this opportunity to reiterate the sentiments of my
highest consideration and respect.
His excellency the Duke de Loulé,
Minister and Secretary of State for Foreign
Affairs.
