report, manufactured by the pirates themselves, and circulated by their English friends in Bahia. Consul Wilson reports that the Onward is at Bahia, in search of the pirates; and I indulge the hope that she will be more successful than the Mohican has been.

The continued depredations of these pirates directly off the mouth of the harbor of Rio are exceedingly annoying to all Americans in Brazil, and go to prove the absolute necessity of two good steamers of war, of great speed and powerful armament, at Rio. Iron-clads would be useless, and so with ordinary gun-boats; but two vessels of the Ticonderoga class would effectually protect our commerce, and insure the capture of any piratical cruisers that might venture to visit this coast.

As our consul will make full reports to you of the disasters to our commerce which have been reported since the pirates left Bahia, I forbear further allusion to the subject.

Proceedings of

ter approved by his

United States minisGovernment, as also dressed to the Brafor redress and satis

the demand ad

zilian government

SIR: Your dispatch of the 23d of May, No. 47, has been received, together with its accompaniment, viz, a correspondence that has taken place between yourself and His Imperial Majesty's minister for foreign affairs on the subject of certain favors which were recently extended in the ports of Bahia and Pernambuco to the piratical vessels Alabama and Florida. This Government had already been informed of the injurious proceedings referred to by the United States consul residing in those ports. Your proceedings in that respect are approved, as is also the demand which you addressed to the minister of foreign affairs for redress and satisfaction.

faction.

It affords me much pleasure to say that the President is gratified with the just and liberal spirit which pervades the reply of the Marquis d'Abrantes, and confidently expects that the satisfaction which you have asked will be promptly accorded. Nevertheless, in making this acknowledgment to the marquis, you must at the same time inform him that this Government expects that an end shall be made of the practices of the presidents of provinces of which those now complained of are new repetitions.

It would not be becoming to add here an explanation of the specific measures to which this Government may be expected to resort for [288] the rescue of its commerce from the depredations which it is suffer

ing through the erroneous and unfriendly action of nations with which the United States are at peace. I may properly say, however, that if nations shall, in violation of our rights, suffer their ports to become bases for the operation of pirates against us, we shall adopt such remedies as the laws of self-defense allow. It is the earnest desire of the United States to remain at peace with all nations. We have ⚫ sought, especially, to deserve the friendship of Brazil, and shall persevere in that friendly policy so long as the Emperor shall accord to us commercial and national rights, which are not less essential to Brazil and all the other American states than to ourselves,

The violations on our commercial and maritime rights by British subjects in British ports, to which you have alluded, still remain a subject of discussion with Her Majesty's government; and it is hoped that, although it is attended by much embarrassment, a satisfactory understanding will be attained.

SIR: Your dispatch of 7th June, No. 50, has been received. So much of it as relates to the case of the Nebo is approved.

While I see nothing to disapprove in that part of the dispatch which relates to the indulgencies extended in Brazilian ports to the piratical cruisers which have been engaged in devastating our national commerce, I reserve all authoritative direction upon the subject until a reasonable time shall have elapsed for obtaining the further answer to your note which has been promised by the Marquis d'Abrantes.

Reception of confederate cruisers in Brazilian waters.

Rio de Janeiro, June 22, 1863.

The undersigned, member of His Majesty the Emperor's council, minister and secretary of state for foreign affairs, redeems the pledge which he gave to General James Watson Webb, envoy extraordinary and minister plenipotentiary of the United States to this court, and has the honor to direct to him the present note, for the purpose of duly answering those of the 21st and 27th of last month, addressed to the undersigned by General Webb, in which he articulates sundry accusations against the presidents of the provinces of Bahia and Pernambuco, on account of the manner in which they received, and their conduct toward, sundry steamers of the Confederate States, which entered the ports of the said provinces, and there violated the neutrality which the empire imposed on itself in the struggle which unfortunately scourges the North American Union.

Having before me the information and explanations given by the presidents of the provinces mentioned, on the various topics of the

notes of Mr. Webb, and taking for a basis the principles of neutrality which were declared in the circular of 1st August, 1861, the undersigned proceeds to examine, scrupulously, the foundation of the assertions contained in the said two notes.

The undersigned, however, deems it essential that a point on which there exists the greatest discrepancy between Mr. Webb and the imperial government should be preliminarily elucidated.

According to Mr. Webb-and from that idea his claims are principally derived-the imperial government ought to consider the vessels of the Confederate States as those of rebels, traitors, and pirates, justly incurring the hatred, and subject to the persecution of all civilized nations.

It is on this qualification that the imperial government absolutely cannot agree, because it is not grounded on the principles of international law, generally admitted, and because it runs counter to the instructions which were sent to the president of the *provinces, [289] in which it was expressly declared that such vessels should be considered and treated as belligerents.

Mr. Webb knows perfectly well that, in their neutral character, the imperial government were at liberty to assume, with all freedom, the position which they judged most fitting, under the circumstances, of the struggle in question.

In the exercise of this incontestable right, and regulating their conduct by that of all maritime powers, the imperial government recog nized the Confederate States in the character of belligerents.

Whatever opinion respecting this resolution Mr. Webb may formerly have held, it can now no longer be maintained, seeing that, in his note of 1st November, 1861, addressed to this ministry, now under the charge of the undersigned, Mr. Webb expressed himself in the following terms:

It is only after the United States, in the forthcoming winter months, shall have attempted, and not succeeded, in quelling the present rebellion, that Brazil, or any other friendly power, will be free, in a moral point of view, and in that of the universal law of what is just, and what unjust, to treat the rebels as belligerents, and in that way recognize their independence.

According to the principles of international law, in which Mr. Webb is well versed, it was at the option of the imperial government to grant or refuse shelter in their territories to the contending parties.

Forming the resolution of extending it to both, by their circular of 1st August, 1861, and the instructions forwarded by virtue of the same resolution, the imperial government established and regulated the practical mode of granting it.

They determined that no vessel under the flag of one of the belligerents should be victualed, equipped, or armed in the ports of the em pire; the furnishing of provisions, and naval stores, indispensable for the continuation of the vessel's voyage, not being comprised in this prohibition.

And, moreover, determined that no vessel of war or privateer should be permitted to enter and remain with her prizes in the ports of the empire for more than twenty-four hours, save in distress; and that the disposal of the said prizes, or of the things belonging to them would, by no means, be permitted.

The question being placed on this footing, that is, that the vessels of the Confederate States would be considered belligerents, and it being remembered that the empire declared it would assume to itself the regulating principles of neutrality, the undersigned will enter into the

examination and appreciation of the claims which form the subject of the notes that occupy his attention.

With respect to the president of Pernambuco, Mr. Webb articulates the following accusations:

The pirate Florida was anchored in the port of Pernambuco, receiving there hospitality, taking in coal and provisions, and making the necessary repairs to enable her to continue her cruise.

The president of Pernambuco knew that the Florida was the consort of the Alabama, which had violated the sovereignty and neutrality of Brazil. Consequently he knew that she was a pirate, and notwithstanding consented that she should remain in the port at first for twenty-four hours, and afterward for four days.

Recognizing as belligerents the traitors who had rebelled against the United States, he judged, through liberality and humanity, that he ought to permit these pirates, by giving them aid, to continue their depredations against the commerce of a friendly nation.

The sailors and passengers of the captured vessels, during more than a week, witnessed the sale of their clothes, jewels, and even family relics, for the tenth part of their value.

International law does not distinguish between taking a part and the whole of a prize to a neutral port; and, therefore, the fact of the Florida taking people and property from a prize-vessel was the same as though she had taken the vessel herself there.

Pernambuco finally became, as was observed by a distinguished merchant of that place, a market for the sale of goods seized by pirates on board American vessels almost within sight of the port.

As to what occurred respecting the steamer Alabama in the waters of the province of Pernambuco, the undersigned does not think it necessary to take up Mr. Webb's attention, as Mr. Webb himself acknowledged, and states in his note, that the imperial government had, as far as circumstances permitted, promptly and fully complied with their duty.

But as to the Florida, the undersigned must begin by asking Mr. Webb's consent to observe, that if the president of Pernambuco [290] knew that that steamer was the consort of the Alabama, as was

also the Georgia, it does not follow, as Mr. Webb otherwise argues, that the said president should consider the Florida as a pirate. According to the principles of the neutrality of the empire, to which the undersigned has already alluded, all these vessels of the Confederate States are vessels of war, exhibiting the flag, and bearing the commission of the said States, by which the imperial government recognized them in the character of belligerents.

If among such vessels any one of them violated the neutrality, on that one alone should the responsibility rest, it being unjust, if not ab surd, to make all the others individually responsible for the violation, for such a proceeding on the part of the neutral would be equivalent to breaking the neutrality itself toward the State to which the vessel belonged, if thus made responsible for the acts which she had not committed.

There appears, therefore, to exist no plausible reason for accusing the president of Pernambuco on account of the manner in which he received and acted toward the Florida, either by reference to the principles of international law, or to the rules established by the circular of the 1st August, 1861.

Mr. Webb will permit the undersigned to observe to him, that even if the international law, as Mr. Webb pretends, does not distinguish between carrying a part or the whole of a prize to a neutral port, the objects captured, which may be brought in a belligerent vessel, cannot also be equivalent in value to the prizes themselves, which are the ves sels captured.

Mr. Webb's clear judgment will not fail to see, that if such assimilation is admitted the right of shelter would become an illusion to al

most all belligerent vessels, rendering them necessarily subject to visits of search, which would not induce a safe result, inasmuch as it would be impossible to prove what objects were captured, and to which would be added the circumstance that such visits are not practicable on board vessels of war.

Mr. Webb knows that the circular of the 1st August, 1861, established two hypotheses relative to prizes. The first being the entering and stay, for more than twenty-four hours, of vessels bringing prizes into port; the second, the disposal of prizes and of objects therefrom.

Now, if the Florida did not enter with prizes, but with objects coming from such, it follows that she could remain in port for more than twenty-four hours.

What could not be done was to dispose in any manner, or at any time, of the objects which she might bring, coming from prizes; and these the undersigned, according to official information which he possesses, can assure Mr. Webb the Florida did not dispose of, notwithstanding what a merchant at Pernambuco communicated to the contrary to Mr. Webb; for paramount to this communication exists the fact that neither the crews of the captured vessels nor the consul of the United States had made any complaint respecting the same, either written or verbal, to the president of the province.

By the extract inclosed from a dispatch of the said president, which the undersigned offers to Mr. Webb's consideration, what took place was this: that there was merely an attempt to disembark some insig nificant objects brought from on board the Florida by lightermen, who, going to that vessel, had obtained them in exchange with the sailors for others, (taken there by the said boatmen.) Part of those same objects were seized by the customs as contraband goods, independent of any complaint made by the consul or the parties interested.

The undersigned will still further inform Mr. Webb that the president of Pernambuco, of his own accord, also ordered to be delivered to the said consul some other objects captured by the steamer Alabama, and which had been purchased by people on the island of Fernando de Noronha.

The undersigned believes and hopes that Mr. Webb will acknowledge that such conduct attests the good-will and solicitude with which that delegate of the imperial government endeavored to comply with the duty of maintaining the neutrality of the empire, respecting and doing all that he possibly could to cause to be respected the rights of all in the observance of the said neutrality.

Touching the persons made prisoners, the undersigned declines making any observations after Mr. Webb acknowledged that to hinder them from disembarking at the ports of the empire would be a real act of barbarity, which the enlightenment of the age would look on as repulsive.

As it appears to the undersigned that he has shown that the complaints of Mr. Webb respecting the president of the province of Pernambuco are not borne out, he will pass on to occupy himself with those that refer to the president of the province of Bahia.

[291]

*They are summed up in the following propositions:

The pirates Alabama and Georgia arrived at the port of Bahia, the former on the 11th, and the latter on the 12th of May, and they were still there on the 20th. The consul of the United States requested that, in view of the acts practiced by the Alabama, in the island of Fernando de Noronha, not only should any supplies be refused, but that the vessel should be captured and submitted to the action of the gov

H. Ex. 282-35