Mr. Thompson to Mr. Gresham.

No. 161.]

Sir: I have the honor to transmit a copy of a translation of note from Rear-Admiral Saldanha da Gama, purporting to be addressed to Admiral Benham, which has been secretly circulated among Brazilians, ostensibly to create a sympathy for the insurgent cause.

Having secured the copy only on the eve of the departure of the mail, I have not been able to confer with Admiral Benham about it.

My recollection is that no discharge of cargoes from ships with? lighters and tugs was made during the interim between the date of the announcement by Admiral Saldanha da Gama that he would endeavor to stop the passage of goods to the custom-house and the action of Admiral Benham which caused the withdrawal of the restriction. A few American ships came to the docks on their own responsibility and were successful in discharging and taking on cargoes without interference during that time.

I have, etc.,

Thos. L. Thompson.
[Inclosure in No. 161.—Translation.]

Rear-Admiral da Gama to Rear-Admiral Benham.

Your Excellency the Commander-in-Chief of the North American Naval Forces:

All ships lying in this port, both war ships and merchantmen, were witness of the grave and open opposition that the navy, under my command, suffered yesterday morning from the naval forces under the command of your excellency Rear-Admiral Benham, of the U. S. Navy.

Starting from the principle that the revolutionary element in Brazil, of which the fleet that operates in this port is but a factor, has not yet been recognized as belligerents, and basing on this the duty of protecting, quand même, the maritime commerce under your country’s flag, your excellency believed it lawful to use with ostentation the important naval force under your command and obliged the revolutionary fleet to consent that three North American merchant ships, instead of effecting their discharge on anchor, do it alongside this city’s wharves.

The measures adopted by the forces under my command have never been of a nature offensive to the interests of foreign maritime commerce. On the contrary, they have constituted a modus vivendi, in accordance with which, in return of the [Page 128] merchant ships not getting alongside the wharves, for it would embarrass our military operations, we agreed in allowing tow boats, launches, and discharging lighters, which, as Brazilian bottoms, are liable to be seized by us, to do their work in port under the protection of foreign flags.

These measures have been so far accepted and respected by the commanders of foreign naval forces lying in this port, including those of the U. S. Navy, which has been represented here, we might say, from the beginning of the present situation.

The delay of our recognition as belligerents by the foreign nations having transactions with Brazil, though not giving us privileges granted by international law, can not prohibit us, however, of using vigilance in behalf of our defense and maintenance. If Ave have no legal existence in its exact international meaning, our existence in fact as combatants for nearly half year in the port of the country’s capital in face of the center of our adversary’s power can not, however, be denied. The case is entirely new. For the first time a revolutionary force is maintained such a long time inside a harbor in situation of preventing all its movement.

But your excellency Rear-Admiral Benham did not understand so. On the pretention, as he asserts, of protecting by all means American maritime commerce in whichever way it suit your excellency, through your imposing attitude of yesterday, puts us in the choice of either fighting with the nation that he represents, which is not our intention nor our desire when we are fighting to free our country of a dictatorial government, or break on our part, and in the only interest of his countrymen, the modus vivendi accepted up to this date.

Leaving on one side the moral offense resulting from the action, and against which I protested yesterday by voice of cannon and by panic, it remains now to be known whether this alteration of the modus vivendi agreed for will not modify it completely.

On the face of the demonstration, against which I can not pretend in this moment react by force as well, I have to consent in future in allowing American ships to get alongside the Trapiches, and this, by the principle of impartiality, gives the right of granting the same advantage to all other foreign merchant ships that come to this port.

Therefore the concessions which relatively to the shipping in this harbor we believe to be fair to allow for the benefit of foreign maritime commerce by intervention of the same commanders of the respective naval forces are canceled and against our interests.

As your excellency will have to judge how unjust and disadvantageous this situation is for ourselves who believe to be fighting for a noble and national cause, we beg your excellency to accept the assurance of our great esteem and respect.

Luiz Phillippe Saldanha da Gama,
Commander-in-Chief of the Forces in Revolution against the Government of Marshal Floriano Peixoto in the Port of Rio de Janeiro.