entered the port flying the British flag. The were entertained by the Governor as allies, and left letters for Porter, addressed as "Sir James Yeo " (1). Thence they sailed southward and arrived at Bahia on December 13, 1812. Lawrence entered the harbor under his own flag, and found the British warship Bonne Citoyenne there. After a conference with the American consul, Henry Hill, he learned that she was laden with about half a million pounds sterling in specie, and would sail for England in a few days. Through Hill and his British colleague, he sent Captain Green, commanding the Bonne Citoyenne, a challenge to fight outside the harbor. His ship was equally matched with the Hornet, but Green purdently observed that he could not hope to fight the Constitution as well. Bainbridge sent him a letter declaring on his word of honor that he would take no part in the battle, but Green chose to remain in the security of a neutral port,

1. Sir James Yeo was an actual person, the commander of the British forces on the Great Lakes. Porter later called at Ferdinand de Noronha and gravely received the letters from the unsuspecting governor.

and sent word to the British Minister in Rio de Janeiro of his plight, with the request that a force be sent to relieve him.

His refusal to fight, even after Bainbridge's pledge, infuriated Lawrence, who, on December 22nd, entered the harbor again, cruised about, and taunted Green for his caution. The only effect of this manoeuvre was to arouse the anger of the merchants of the city, and cause them to protest to the Governor, the severe old Count dos Arcos. That dignitary sent a vigorous note to Consul Hill remonstrating against this "hostile and warlike " move, which was a "violation of the neutrality of the port and injurious to commerce". Technically, Lawrence's action did not amount to a violation of neutrality and the Portuguese officials should not have permitted the Bonne Citoyenne to remain in port, but Hill advised Lawrence to take up a position outside the harbor, and his advice was followed. The Hornet continued to blockade the Bonne Citoyenne until late in January, and when the news of this pretty

situation reached England, marine insurance rates advanced fifty per cent.

The Constitution, cruising along the shore, outside the bay, fell in with the British man-of-war Java, on December 26 th. The latter bore down on the American ship while it was still within Brazilian territorial waters, but Bainbridge manœuvred out to sea until he was more than a marine league from shore. Then he attacked and after a stiff engagement forced the Java to strike her colors. The battered hulk was towed into the port of Bahia where Bainbridge first planned to repair her, but, becoming alarmed at the hostile attitude of the Count dos Arcos, scuttled her. He then resumed his cruise, leaving Lawrence behind to attend to the Bonne Citoyenne. On January 24, 1813, the large British warhsip Montagu drove Lawrence into the harbor, and that night he escaped to the open sea under the cover of extreme darkness. He cruised leisurly along the coast, picked up a British prize off Maranhão, and then proceeded to the Spanish Main (1).

1. Roosevelt, T., The Naval War of 1812, New York, 1903,

Throughout these exciting events the neutrality of Portugal had been scrupulously respected by our commanders, even though the inducements for Lawrence's attacking the Bonne Citoyenne were great, and Bainbridge had to sacrifice his first position in the Java fight. Unfortunately, the same forebearance was not shown by the enemy when the odds were in his favor, as in the General Armstrong and Levant cases. But before examining the violations of the principles of international law by the Bristish, the conduct of the neutral Portuguese government it self will be reviewed.

The exclusion of prizes, as governed by the provisions of the two decrees mentioned, seems

pp. 118, 166; Lossing, B. J., The Pictorial Field Book of the War of 1812, New York, 1896, pp. 459, 698; Barnes, J., Commodore Bainbridge, New York, 1897, p. 157; Gleaves, A., James Lawrence, New York, 1904, p. 114; Paine, R. D., The Fight for the Free Sea, (Yale Chronicles of American Series), New Haven, 1921, pp. 117, 126; Russel, J., History of the War between the United States and Great Britain which commenced in June, 1812, and closed in February, 1815. Hartford, 1815, p. 212; James, W., Naval History of Great Britain, London, 1847, 6 vols., vol. vi., p. 127; American State Papers, Naval Affairs, vol. i, p. 290.

to have satisfied Portugal that she was thereby fulfilling her obligations as a neutral power. Strangely enough, she did not hesitate to furnish Bristish merchant vessels with convoys. This produced an extraordinary situation. Belligerent convoys had at times been furnished neutra shipping (1), and we had benefited from Portuguese protection when both countries were at war with Algiers. In fact, Portugal had even convoyed American vessels when at peace with Algiers, in direct violation of her treaty of 1793 with that power (2). But her treaty of peace with Algiers had not been negotiated by but for her, by England, possibly to place American com

1. Madison had even objected to the Bristish officer of convoys as protection against French cruisers and privateers on the ground that, "with a few exceptions only, a convoy which would subject them to condemnation, from which they would otherwise be free, would not be a bénefit but an injury ". Sec. of State Madison to Minister Monroe, at London, March 6, 1805, Mss. Dept of State, Inst. to U. S. Ministers, vol. vi, quoted in Moore, J. B., Digest of International Law, Washington, 1903, 8 vols., vol. vii, p. 494.

2. Consul Edward Church to Luis Pinto de Souza, Portuguese Minister of State for Foreign Affairs, oct. 21, 1793, American State Papers, Foreign Relations, vol. i, p. 298; Pinto to Church, Oct. 22, 1793, ibid., p. 299.