Mr. Harvey to Mr.
Seward
No. 353.]
Legation of the United States,
Lisbon,
August 8, 1865.
Sir: Immediately upon the receipt of your
despatch, enclosing the President’s proclamation in regard to the
harboring or giving hospitality to insurgent cruisers, I transmit a copy
of the same with a note, of which a copy is herewith enclosed, to the
minister of foreign affairs, stating at the same time that the
proclamation of July 29, 1861, if properly enforced, would give the
necessary protection in this respect.
Count d’Avila, in order, as he supposed, to comply fully with the wishes
of our government, directed a new portaria or decree to be issued,
enjoining the strict and continued execution of the proclamation, as
will be seen by his note to me and its enclosure.
As the proclamation of 1861 did nothing more than reaffirm the adhesion
of this government to that clause of the treaty of Paris of 1856, by
which the arming and equipment of privateers and the sale of prizes made
by them in Portuguese ports was prohibited, I have not thought it
necessary to ask for its revocation, which I am sure would be at once
granted, if desired. But if the department entertains any other view
upon this subject, I will be most happy to carry out its instruction, or
to adopt whatever policy may be considered as most wise and proper.
It may be observed in this connexion, that the proclamation of 1861 was
issued at my own instance, and was suggested as a means of preventing a
concession of belligerent rights, such as had been then just proclaimed
by nearly all the maritime powers, and the example of which Portugal was
then and afterwards hard pressed to follow. That proceeding kept the
ports open and unrestricted to our ships-of-war, avoided any application
of the 24-hours rule, and was materially serviceable in arresting the
schemes of public enemies who expected to use the mid-ocean islands and
the secluded harbors of the coast for hostile enterprises.
The government co-operated to the extent of its ability, and with sincere
good will, in efforts to stop all abuses of hospitality, and often
seconded my endeavors when there were no United States ships-of-war at
hand, by despatching their own vessels to exposed points in order to
protect our commerce and to prevent intended depredations.
Considering the relation of this country to other powers, and its
peculiar circumstances, it is barely justice to say, that the conduct of
Portugal towards the United States, during the whole period of the late
civil strife, was exceptionally
[Page 133]
friendly and stands out in marked contrast to that of various states,
which seem to claim and receive credit for rescinding concessions, that
largely contributed to the moral and material support of the rebellion
during its existence. And this is the more proper to be said, since
there appears to be a disposition to depreciate and disparage that
conduct by those who are either ignorant of or indifferent to the
facts.
I have the honor to be, sir, your obedient servant,
Hon. William H. Seward,
Secretary of State.
Mr. Harvey to Count de Avila
Legation of the United
States,
Lisbon,
June 8, 1865.
Sir: I am directed to communicate to his
Most Faithful Majesty’s government the enclosed copy of a
proclamation by the President of the United States, in regard to the
harboring or giving of hospitality to insurgent cruisers which have
heretofore depredated and still threaten to commit further
depredations upon the commerce of the United States.
The proclamation of his Majesty, dated 29th of July, 1861, if
properly enforced, would exclude all such vessels from Portugese
ports, and it is hoped that the necessary measures will be adopted
to give it full vigor in this kingdom and all its possessions. I
avail myself of this opportunity to renew the assurances of my most
distinguished consideration.
His Excellency the Count d’Avila,
Minister and Secretary of State for Foreign
Affairs.
[Translation.]
Count d’Avila to Mr. Harvey
Department of State for Foreign
Affairs,
August 5, 1865.
I acknowledge the receipt of the note which you were pleased to
address me under date of the 8th of June last, transmitting, by
order of your government, a proclamation from the President of the
United States, regarding hospitality and asylum granted to insurgent
cruisers, which have caused and still cause so much damage to the
commerce of the United States, and manifesting the desire that the
decree of the 29th of July, 1861, be continued in full force in the
ports of Portugal, as well as in those of the adjacent islands and
colonial provinces.
Having taken due note of your said communication and of its
enclosure, I have now the honor of informing you that through the
marine and colonial department, under yesterday’s date, was
published, as you will please observe, by the enclosed number of the
“Diario de Lisboa” of this day, a royal order to all the governors
of the colonial provinces, to the major general of the navy, and to
the navy inspectors, directing them to observe in the most stringent
and punctual manner the execution of the aforesaid decree, whereby
full satisfaction is thus given to your representation.
I avail myself of this opportunity to reiterate the assurances of my
most distinguished consideration.
James E. Harvey, Esq., &c., &c., &c.
[Translation from the “Diario de
Lisboa” of August 5,
1865.]
[Untitled]
Department of State for Marine
and Colonies,
Royal Palace,
August 4, 1865.
It being possible that doubts may arise on the part of some of the
authorities, whether the dispositions of the decree of the 29th of
July, 1861, are to be considered in full force, in view of the
present position of the United States of America, his Majesty the
King, through the marine and colonial department, is pleased hereby
to declare unto all the governors of the colonial provinces, to the
major general of the navy, and to the inspectors of the navy, that
the said decree of the 29th of July, 1861, continues to subsist in
full force, and that it is their duty to execute the same in the
most punctual and stringent manner.
