Mr. Harvey to Mr.
Seward
No. 366.]
Legation of the United States,
Lisbon,
November 21, 1865.
Sir: The correspondence communicated with this
despatch will bring to your notice the material facts connected with a
lamentable event which occurred here on the evening of the 24th October,
resulting in the death of a Portuguese subject, named José Manuel.
As the consul is charged with questions relating to American seamen, the
authorities necessarily addressed themselves to him in the preliminary
proceedings, but he at once consulted with me as to the steps to be
taken, and fully concurred in my earnest wish to have the criminal
discovered and delivered up.
All efforts at detection have thus far failed, probably from the
indisposition of the seamen to make any revelations on the subject which
might criminate one of their own body; and the investigation before a
mixed commission, informally organized for the purpose, while in some
degree complicating one of the sailors, did not warrant his surrender,
for the testimony only excited a misgiving, and was not of a nature to
be regarded as judicially or even morally sufficient against a person of
established good character.
Rear-Admiral Goldsborough, and indeed all the officers, manifested a
proper and becoming disposition to advance the ends of justice, and
vigilance will not be relaxed because the case has assumed its present
form. His Majesty’s government is fully satisfied that every desire is
entertained, and that every energy has been exerted to trace the
offender, as also that these endeavors will be continued so long as
there is a reasonable possibility of discovery.
As the unfortunate victim of the affray was the sole support of aged and
infirm parents, I suggested the propriety of a subscription for their
immediate relief, which was handsomely responded to by the officers and
crews of the ships now in port.
I have the honor to be, sir, your obedient servant,
Hon. William H. Seward,
Secretary of State.
Count de Castro to Mr. Harvey
The civil governor of Lisbon, in a communication under date of
October 26, made known to the department of interior that, on the
24th of said month, about 6 o’clock p. m., a boatman, named José
Manuel, residing in Eua da Silva, No. 37, was mortally wounded, with
two stabs, by one of the seamen belonging to one of the American
men-of-war now in the Tagus,
[Page 137]
said occurrence having taken place on the Caes do Sodré, from
whence the wounded man was carried to St. Joseph’s hospital, where
he died shortly after. The aforesaid magistrate further adds, that
the aggressor managed to escape on board one of the boats without
its having been possible to identify him.
In bringing this serious affair to your notice, his Majesty’s
government expresses the hope that you will not fail to adopt such
necessary measures as may lead to the punishment of the criminal,
assuring you that, as communicated to me by the minister of
interior, the civil governor of Lisbon has caused to be drawn out
the requisite form of declaration, with all the attending
circumstances and investigations regarding the crime and its
perpetrator, in order that proper proceedings may be instituted, and
that communication has been made to the United States consul of all
that has taken place, at the same time requesting him to have the
criminal given up.
I renew on this occasion the assurance of my most distinguished
consideration.
Department of State for Foreign
Affairs,
November 7,1865.
Mr. Harvey to Count de Castro
Legation of the United
States,
Lisbon,
November 14, 1865.
Sir: I have the honor to acknowledge the
receipt of your note of the 7th instant, which was only delivered at
this legation at 6 o’clock last evening, six days after its
date.
The general facts relating to the unfortunate event, to which your
excellency invites attention, had already been brought to my notice
by the consul of the United States, and the measures taken by him
and by the officers of the United States ships-of-war in port, for
the purpose of investigating the alleged crime and tracing out the
criminal, were adopted with my knowledge, privity, and
co-operation.
It appears from the inquiries made through this legation, that a
seaman belonging to th United States transport ship Guard was badly
maltreated by some of the boatmen who pursued their calling at the
Caes do Sodré in the afternoon of the 24th of October, and that
subsequently, when one of that ship’s boats reached the quay at
about 6 o’clock, and while its crew were in the act of transporting
their disabled and wounded comrade to the boat, a general broil
ensued between the Portugese boatmen and American sailors, during
which one José Manuel was stabbed by some unknown hand, and
subsequently died of the wounds.
As it was alleged that the fatal blow had been struck by one of the
sailors of the Guard, the commanding officer of that ship, upon
being made aware of the charge, immediately and of his own accord
ordered all the seamen attached to two boats which had been on duty,
and five others who had been ashore on liberty, under strict arrest
to await judicial examination, and he proceeded to make an inquiry
himself, with a view of discovering the criminal, if he was on board
the ship. That inquiry made no disclosure affecting any of the
seamen in question, but the arrest was nevertheless continued.
Inasmuch as a report had gained currency that the offender could and
would be promptly identified by various witnesses, if all the seamen
said to be implicated were produced, the consul of the United
States, at the instance of the commander of the Guard, addressed a
note to the civil governor on the 2d instant, stating his readiness
and desire to furnish that opportunity, and to have instituted the
most searching investigation.
Accordingly an appointment was made for an examination at the arsenal
on the 4th instant, which was attended by his Majesty’s
administrador, the United States consul, the commander of the Guard,
and other officials designated for that purpose. The fifteen seamen
were ranged in line, subject to the fullest scrutiny of four
witnesses who were brought forward; not one of them had been engaged
in the melee, and of whom two were boys. The recorded evidence
establishes that there is not a particle of proof to criminate any
particular individual, or to fix the responsibility of this grave
crime. In the absence of such proof or of any evidence that would be
recognized in a court of law to hold a person charged to answer for
crime, it is necessarily impossible to make delivery of a criminal
who is not known, and who as yet has avoided all efforts at
discovery, if he really be one of the seamen suspected. But there is
every disposition on the part of this legation, and of the officers
of the ships-of-war, to promote the course of justice, and to that
end every aid will be given for further investigation, in any proper
form that may be indicated by his Majesty’s government. Although
there is no treaty of extradition between Portugal and the United
States, all questions of form will be waived in order that the
criminal may be brought to a speedy trial, if he is within the
jurisdiction or under the protection of the American flag. And with
a view of leaving no duty undischarged, the whole case will be at
once presented to the notice of Rear-Admiral Goldsborough, who
arrived in the Tagus this morning, so that such additional measures
may be adopted as his superior authority over the fleet will
authorize.
Without the least desire to avoid responsibility, or to depreciate
the seriousness of this crime, it may be suggested as worthy of
consideration, whether in the confusion of a broil at nightfall, in
which a large number of persons were engaged, there can be any
reasonable
[Page 138]
certainty
without clear and convincing testimony, as to the individual who may
have inflicted the fatal wound, or whether the blow was struck
intentionally or accidentally. The Portuguese boatmen largely
outnumbered the American sailors, and it is very remarkable that not
one of those engaged in the affray should have appeared at the
arsenal, to testify at the examination which they were notified was
to take place. There is no doubt but their cruel treatment of one of
the seaman was the provoking cause of the quarrel and of its
lamentable consequence.
The occasion is a fitting one to call the attention of your
excellency to the imperfect police at the Caes do Sodré, and to
suggest the propriety of designating a special landing for boats
belonging to foreign ships-of-war, or at least of establishing some
regulation, by which they may be protected against the constant
outrages of boatmen who throng that quay and obstruct free
communication.
Since writing the foregoing, Admiral Goldsborough has called at the
legation and been informed of this note. He fully concurs in its
suggestions and stands ready to afford every facility for the most
thorough investigation, and to assist personally in any manner that
will best promote that object.
I avail myself of this opportunity to renew the assurances of my most
distinguished consideration.
His Excellency the Count de Castro,
Minister and Secretary of State for Foreign
Affairs,
Count de Castro to Mr. Harvey
I have had the honor of receiving the note which you were pleased to
address me under yesterday’s date, informing me that notwithstanding
all the efforts employed, it has not been possible to discover the
perpetrator of the crime attributed to one of the seamen belonging
to the American transport ship Guard, and declaring that there
exists both on the part of the legation under your charge and of the
commanding officers of the United States ships-of-war, the utmost
desire to aid the Portuguese authorities in forwarding the ends of
justice.
Thanking you for this communication, which I shall immediately make
known to the minister of the interior, and appreciating in a high
degree the good offices tendered by the worthy commander, and other
officers of said ship, with the approval of Admiral Golds-borough,
in the case in question, I shall avail myself of the first
opportunity to make known to you any resolution which may be
adopted, with regard to your suggestion as to the designation of a
special point for the landing of the crews of foreign
ships-of-war.
I avail of this opportunity to renew the assurances of my most
distinguished consideration.
COUNT DE CASTRO.
Department of State for Foreign
Affairs,
November 15, 1865.
Mr. Harvey to Rear-Admiral Goldsborough
Legation of the United
States,
Lisbon,
November 20,
1865.
Sir: I have the honor to furnish you with
copies of a correspondence between his Majesty’s government and this
legation, in regard to a charge of crime made against some
unknown-seaman alleged to belong to the transport ship Guard,
attached to the squadron under your command.
It appears that his Majesty’s government is entirely satisfied with
the disposition shown and the efforts made by all of the officials
of the United States, not only to discover the criminal in question,
but to purge themselves of all responsibility connected with the
crime, and that no further investigation seems to be desired.
In view of these facts, there is no good reason for detaining the
transport ship longer in port, as you had properly and promptly
directed should be done pending the investigation.
I have the honor to be, sir, your obedient servant,
Rear-Admiral L. M. Goldsborough,
Commanding U. S. European Squadron now at
Lisbon.
