No. 68.
Mr. Partridge to Mr. Fish.

No. 68]

Sir: In my No, 20 I gave an account of the complaint by the Brazilian government of the violation of its neutrality during the Franco-German war, and contravention of port regulations here by the commander of the French gun-boat Hamelin in bringing in here and depositing certain (German) prizes.

The French government has now disapproved the act of the French commander of the Hamelin, andmade-this known to the Brazilian envoy, Baron de Itajubá, in Paris, in a note of 24th February, 1872, a copy (A, translation into Portuguese) of which is annexed, together with (B) the reply of the minister of foreign affairs here, to Baron de Itajubá.

As this makes part of the record transmitted with No. 20, and has relation to the Brazilian circulars of neutrality during our civil war also, I have thought it might be useful to the Department in that con-. nection.

I have, &c,

JAMES R. PARTRIDGE.
[Inclosure A in No. 66.]

Translation of certain parts of the note of M. de Remusat, French minister of foreign affairs, to Baron de Itajubá, Brazilian minister in Paris, reproving the conduct of the commander of the French gun-boat Hamelin, (in respect to certain German prizes deposited in Rio de Janeiro, 1870.)

Versailles, February 24, 1872.

The minister of marine and myself examined into this matter with all the attention required, and with the impartiality and good-will which our friendly relations with Brazil rendered easy.

This examination enabled us to recognize that, in fact, the charge d’affaires of France, in Rio, who had also made it known to the commander, accepted the condition stipulated by the Brazilian cabinet, that the prizes should depart immediately after their discharge, (of neutral goods on board.) Although the commander of the Hamelin did not make any formal promise in this respect, it was enough that he had been informed of the wish made known by your government for him to consider himself “obliged to conform to the rules prescribed. The French government has no hesitation, therefore, in reproving the act of that officer; but if we willingly recognize our mistake, we cannot do less than add to that confession the expression of our regret, the fitness of which you will not dispute, I hope, at the dispatch sent in respect to the later proceedings in regard to the Bruix, (gun-boat.) The threats of violence then made were in form as offensive to our navy as to our legation, and were so much the more unjustifiable, as the Bruix arrived precisely with the intention of taking away the prizes, and thus of complying with the regulations of the local authorities.

I think it fortunate, du reste, to find that moderate counsels prevailed at last, and that this disagreeable incident terminated without (further) difficulty.

[Inclosure B in No. 66.]

Answer of the Brazilian minister of foreign affairs to the note of the Brazilian minister in Paris, inclosing the foregoing note of M. de Bemusat.

[Résumé of the statement in M. de Remusat’s note. Translation of certain parts.]

In respect to the incident which took place with the Bruix, instead of being an offense to the French legation and navy, which never was intended by the Brazilian [Page 106] government, whose moderation is known to M. de Remusat, it was the necessary consequence of the proceeding which has been so worthily condemned by the government of the republic. In the state of abandonment in which the prizes were left in the port of Rio de Janeiro by the captor, they could not be taken away even in tow of a French vessel of war, without previous permission of the imperial government, which in so grave a matter could not come to any resolution without taking the advice of the legal councilors of the Crown, and so much the more from the fact that the government had also to give proper hearing to the observations of the North German legation.

It was not, therefore, without pain that the government of Brazil read the last stricture in the note of M. de Remusat, especially since his excellency found in this proceeding of our government a cause of offense which did not exist; and since, also, the French legation had ignored, in that emergency, the indisputable rights of this empire as a neutral power.