Papers Relating to Foreign Affairs, Accompanying the Annual Message of the President to the Second Session of the Thirty-ninth Congress
Mr. Lidgerwood to Mr. Seward.
Sir: I have the honor to inform you that upon the 17th instant I received a reply from the minister of foreign affairs (Conselheiro José Antonio Saraiva) to my note to him dated 7th instant, asking for an explanation relative to the [Page 314] hindrance of the United States minister to Paraguay, and his detention at or near Corrientes by the allied forces.
I enclose a translated copy of Senhor Saraiva’s note of 17th instant, marked S.
In his reply, Senhor Saraiva refers to a note that his excelleny Don Bartolome Mitre, President of the Argentine Republic and general-in-chief of the allied armies, addressed to Mr. Washburn, on the 9th of April of the present year, and in which document are rehearsed the principal circumstances of the fact in question, and the two phases it presents discriminated.
Not having a copy of General Mitre’s note, I requested that one might be furnished to me. Copy of request, marked J, I herewith enclose.
I received the copy upon the 28th instant, a translated copy of which, marked C, also enclosed.
On the 22d instant I addressed a note to R. C. Kirk, United States minister at Buenos Ayres, upon the same subject, and enclose a copy of same, marked K, and have therefore deemed it advisable not to reply to the argument contained in Conselheiro Saraiva’s note of the 17th instant until information shall have been received of the decision taken by the allies consequent upon the advices sent forward by this government bearing upon this subject.
I have the honor to be, sir, your most obedient servant,
Hon. William H. Seward, Secretary of State, Washington, D. C.
S.
Senhor Saraiva to Mr. Lidgerwood.
The undersigned, councillor to his Majesty the Emperor, and his minister and secretary of state for foreign affairs, received a note which, under date of the 7th instant, Mr. William Van Vleck Lidgerwood, Chargé d’affaires of the United States of America, addressed to him.
In that note Mr. Lidgerwood asks for an explanation of a fact which, to his government, appears to be wanting in respect towards the United States, and incompatible with the international laws.
Mr. Washburn, the American minister at Asuncion, has been detained or delayed at the city of Corrientes, or in its vicinity, by the allied forces at present at war with Paraguay, and impeded in his passing onward to his post of duty.
The undersigned conveyed Mr. Lidgerwood’s note to the notice of the imperial government, and at the present moment has the honor of replying to it.
Brazil is not the only one concerned in the affair at present under consideration. Notwithstanding, the government of his Majesty does not hesitate to express its opinion on the subject at once, giving thus to the United States a proof of the amicable sentiments which actuate it, and of the sincerity with which it desires to remove all cause of misunderstanding.
Without doubt Mr. Lidgerwood is cognizant of a note which his excellency Don Bartolome Mitre, President of the Argentine Republic, and general-in-chief of the allied armies, addressed to Mr. Washburn, under date of the 9th of April of the current year. In that note are resumed all the principal circumstances of the fact under contemplation, and both of the phases which it presents discriminated.
That objections were made to the transit of Mr. Washburn to Asuncion is true, but it is also true that in February he would have met with every facility he could have desired on his way to that city, but notable events transpired between those two dates which rendered the renewing of a permit to pass onward impossible. True, those events did not happen nor depend upon the volition of Mr. Washburn, nor are the allied generals responsible for their occurring. Mr. Washburn was so very much delayed in his passage from Buenos Ayres to Corrientes that he did not arrive at the latter point while there was yet but a simple though effective blockade, even supposing that he could have passed onward to his mission at that time.
In April the squadron was already in front of the Paraguayan positions, and on the eve of [Page 315] commencing decisive operations. The objections made by the allied generals were imperatively based upon this change in the movements and progress of the war towards its termination.
Such are the heads of this question, and the undersigned believes that the explanation sought by Mr. Lidgerwood will be found by their perusal.
The government of his Majesty the Emperor is obliged, unavoidably, to differ from the United States as to the manner of application to this case of the international laws. It holds that from the right to make war upon its enemy, and to effectively blockade his waters, arises the right to impede the transit even of the diplomatic agent of a neutral power. The exercise of that faculty may, it is true, temporarily embarrass interests foreign to the war, but the importance of those of this war are such that sound reason will give to them the preference. The harm which, to the belligerents, would supervene from the mere satisfaction of its friendly feelings is much greater than that which would happen to neutrals were a contrary course pursued.
The right to oppose the passing of its line of operations, be they decisive, or only a simple blockade being established, (and the imperial government is assured that it has that right,) it follows that from the exercise of that right no intent to offend can be inferred to the United States, nor does it offend them. The temporary hindrance to Mr. Washburn is the effect of the imperative exigences of a war to which Brazil, the Argentine, and Oriental Republics of Uruguay have been most unjustly provoked, together with all the enormous sacrifices it is costing them.
The government of his Majesty the Emperor deplores, and undoubtedly its allies sympathize with it in that regret, that even with such well-founded reasons for so acting, it has not been expedient for them to allow the ingress to the enemy’s territory of the representative of a neutral power, to whom they are attached by the closest bonds of friendship and sympathy.
The undersigned is assured that by this sincere declaration, which, without question, will be accepted in the same spirit in which it is offered, he has said all that he could to satisfy the desire manifested by Mr. Lidgerwood, in the name and by order of his government; adding, furthermore, that the allied generals will unquestionably take advantage of the first opportunity that may occur in the various events of war to pass Mr. Washburn on to his post.
The undersigned avails himself of this opportunity of assuring Mr. Lidgerwood of his very distinguished consideration.
J.
Mr. Lidgerwood to Mr. Saraiva.
The undersigned, acting Chargé d’affaires of the United States of America, has the honor to acknowledge the receipt of the note dated the 17th July, 1866, of his excellency José Antonio Saraiva, councillor to his imperial Majesty the Emperor, minister and secretary of state for foreign affairs, &c., &c., &c., in reply to the note dated 7th instant, of the under signed, and in which especial reference is made to a communication dated 9th April, of the current year, directed to C. A. Washburn, esq., United States minister to Paraguay, by his excellency Sr. Don Bartolome Mitre, president of the Argentine Republic and general in-chief of the allied armies.
The undersigned not being in possession of a copy of General Mitre’s note, requests that Conselheiro Saraiva may favor him with one; and avails himself of this opportunity to renew to his excellency the assurance of his great personal respect and most distinguished consideration, and has the honor to be, sir, your most obedient servant,
His Excellency José Antonio Saraiva, Minister and Secretary of State for Foreign Affairs, &c., &c., &c.
C.
President Mitre to Mr. Washburn.
Subsequently to the conference which I had with your excellency, and having deliberated thereon with the allied chiefs, Admiral Tamandare also being present, I have the honor to confirm what I had previously manifested to you when you did me the honor of visiting me [Page 316] at my quarters, viz: that I did not think that there would be any objection offered to your passing onward to the Paraguayan territory, (although there was a blockade in operation,) in the prosecution of the mission on which your government had sent you to that of Paraguay, but that I referred the subject to the Argentine government, in accordance with the allied governments. Your excellency having returned to Buenos Ayres and had an interview with the minister of foreign affairs of the Argentine Republic, who previously had come to an understanding with the Brazilian minister at Buenos Ayres, the said minister of foreign affairs stated to you that there was no hindrance to your proceeding on your voyage in a neutral vessel to the first military post in Paraguay, notwithstanding the state of the blockade which might oppose it. That was when there was but a simple blockade and not a line of war, and happened about the end of February.
In virtue of this you decided upon going, and on the 2d of March left Buenos Ayres on the steamer Paysandie, which, having run aground en route and remained aground for more than twenty days, only arrived at Corrientes about the end of March, I having only just had an interview with you to-day, 9th of April.
Had the steamer in which you came arrived in time—that is, while there was yet but a simple blockade—no obstruction whatever would have arisen to prevent the continuation of your voyage; besides, you would have found the allied squadron then at Corrientes prior to the opening of decisive operations of a warlike nature. But it did not happen so, and you have found the allied fleets in front of the Paraguayan positions, on the eve of commencing warlike operations; so that that which before would not have been an obstacle had now become an impracticable barrier, as the passing of it would establish a precedent through which all other neutrals would become possessed of the right to pass up or down, which of course would turn our line of operations into matters of no account, and would deprive us of what is incontestably a right of belligerents in analogous cases. Circumstances, therefore, having varied and changed completely, and the arrangement under which you started on your voyage to Paraguay having become so modified that it seems to me to be as well for your excellency to re-consult the Argentine government as to the best means of getting over this difficulty, so that we, acting in concert with our allies, may adopt a line of proceeding in this emergency; hoping that in the meantime your excellency will deign to suspend all action, either remaining at Corrientes or at Buenos Ayres, where I will make it my duty to impart to you whatever may transpire. Admiral Tamandare had an interview with the admiral of the United States, in which it was declared to him that, had the United States minister arrived at Corrientes before the allied fleets ascended the river to open military operations, he would not have encountered any difficulties whatever in continuing his way; but naval evolutions having commenced against the enemy, and the line of war extended, it was no longer possible for his excellency to go forward; to all of which the United States admiral agreed, adding, moreover, that the allies only made use of an unquestionable right in prohibiting any one from breaking the line of offensive operations.
Your excellency, therefore, not having been enabled to arrive just at the right opportunity, the previous arrangement, under which you supposed you would arrive at your destination having changed, it becomes void from the fact of its very base being different, and what was foreseen as likely to happen by Admiral Tamandare, and acquiesced in by the admiral of the United States, has occurred; and, in consequence, that which is most prudent and dignified for all concerned is that your excellency should again consult with the Argentine government, so that it and the allies being agreed as to what is to be done, it shall be intimated to us what we are to do, and I have no doubt that that intimation will be what is the most proper and expedient, considering the sympathy and friendship which we profess for the great republic of the United States, as well as the rights of the belligerents, compromised in this war to which they have been provoked.
With regard to your excellency, I flatter myself that you abound in feelings of a similar friendly nature, and that you will most cordially agree to this temporary delay which I propose to you, and which at the same time does homage to the dignity of all governments friendly to ourselves and to the legitimate rights of the belligerents—rights neither questioned by your excellency nor by the United States admiral.
I salute your excellency with my most distinguished consideration.
His Excellency the Minister Plenipotentiary of the United States, &c.
Correct:
K.
Mr. Lidgerwood to Mr. Kirk.
Sir: I have received a despatch dated April 21, 1866, No. 170, from the Hon. Secretary of State relative to the detention at or near Corrientes of the United States minister to Paraguay, [Page 317] on his return after a leave of absence, with instructions to the representative at Rio de Janeiro to ask of this government an explanation.
A similar despatch has no doubt been addressed to yourself, as a reference to it is made in a copy of a note dated April 21, 1866, No. 45, to C. A. Washburn, esq., also received by me.
I am unofficially informed that, as yet, no official request or demand has been made by the minister of the United States to Paraguay for permission to pass the allied forces, as neither Admiral S. W. Godon, commanding United States South American squadron, nor the department of state of this government, has received any official communication whatever from or concerning Mr. Washburn.
If, however, a refusal to an official request by Mr. Washburn has been or should be made, I would thank you to inform me of the fact, that I may bring the same to the notice of Admiral Godon; as at our last interview he expressed himself to me that although he did not consider it his duty, at a sacrifice of the interests of state, to consult the personal comfort of Mr. Washburn, however much might have been his desire so to do, still, when the dignity of the United States minister was to be sustained he would furnish a vessel to convey the United States minister to Asuncion.
The allies are very desirous that a United States vessel should not pass the blockade, and it would be as well not to precipitate matters, especially if by not precipitating matters Mr. Washburn could give them an opportunity to act friendly and courteously, passing him through their military lines, (advice from the Brazilian government to that effect, I believe, having been sent to the commander-in-chief of the allied forces per last packet,) and which course I believe is the wish of the United States department.
I have the honor to be, sir, your most obedient servant,
Hon. R. C. Kirk, United States Minister Resident, Buenos Ayres, Argentine Confederation.