In view of the facilities offered for these nefarious enterprises in the
Azores, Madeira, Cape de Verd, and other islands, as well as in the
small Indian possessions of that kingdom, I felt it proper to address
the note, of which a copy is enclosed, to the minister of foreign
affairs, yesterday, as a means of inducing him to take immediate and
decisive action on the subject. These facts will serve to explain the
seemingly urgent tone of my note, which I thought demanded by the
necessity of the case.
Hon. W. H. Seward,
Secretary of State.
[Untitled]
Legation of
the United States, July 27,
1861.
The undersigned presents his compliments to his excellency M.
d’Avila, minister of foreign affairs of his most faithful Majesty,
and begs leave to repeat in this form, for the convenience of a more
precise understanding, the substance of the ideas which he had the
honor to express in his interview with his excellency on the 25th
instant.
Portugal has acceded fully to the anti-privateering doctrine
established by the declaration of the congress of Paris of April,
1856, to which the assent of the United States has recently been
given.
Opposed to the principle and practice of privateering, Portugal ought
not
[Page 407]
to hesitate, as it
appears to the undersigned, to declare by general proclamation, as a
general principle and rule, that her ports are no longer open to
privateers or their prizes.
This is the extent of the present request of the undersigned. He does
not ask that Portugal shall make any particular application of the
general rule to the peculiar and unhappy state of things now
existing in the United States, nor that any unnecessary notice or
cognizance should be taken of the disturbed condition of domestic
affairs in the United States. Indeed, the government of the United
States would not view with satisfaction any such superfluous and
unnecessary expression of views or sentiments by any foreign power
in regard to a state of things purely domestic, local, and
temporary, to which a satisfactory termination will soon be placed
by the ample power of the United States government. On the contrary,
as the undersigned took occasion to assure his excellency M.
d’Avila, at the personal interview referred to, any declaration
which recognized the existence, even by implication, of a pretended
organization in the United States, independent of the government,
which alone has the power to make treaties, and to conduct
diplomatic intercourse, and the authority of which cannot be
questioned, would be considered as a most unfriendly act.
As little as the government of the United States would pretend to
interfere in any analogous question that might possibly arise
between the government of his most faithful Majesty and any of the
provinces, of his kingdom, can the United States be disposed to view
with satisfaction any such expression as that suggested on the part
of his or any foreign government. At the same time it is manifest
that questions of the most embarrassing and even dangerous character
are, at any moment, liable to occur, if unlawful and piratical
privateers, with unlawful prizes, should make their appearance in
the waters of Portugal or her colonies, and it is with a view to the
amicable anticipation of such possible contingencies that the
undersigned has requested, and now repeats the request, that the
government of his most faithful Majesty should simply carry out, to
its natural and necessary consequence and application, the principle
of the declaration of Paris above referred to, as having been fully
acceded to by the enlightened government of his most faithful
Majesty.
The undersigned begs to add the expression of his hopes that in
advance of the issue of the proclamation, which, under these
circumstances, he believes and expects will be issued at the
earliest convenient day by his most faithful Majesty, the
undersigned may be favored with an opportunity of seeing the
proposed terms of the same, in order that, by means of frank
interchange of views, there may be the more perfect certainty of
such a friendly and reciprocally satisfactory harmony of views
between the two governments as shall correspond to the sentiments
already fully expressed by the undersigned on behalf of the
President of the United States, and most satisfactorily and
cordially responded to by his most faithful Majesty.
In conclusion, the undersigned respectfully asks that this subject,
in view of its importance and possible complications, may be brought
to the early notice of his most faithful Majesty, so as to preclude
the happening of events which might involve grave consequences, to
which the interests and good will of both nations are alike opposed.
He appreciates the reasons which have been assigned for the delay,
since the subject was first presented by his immediate predecessor,
in a note to his excellency M. d’Avila, dated on the 2d of July; but
urgent considerations have recently arisen which require the
undersigned to submit this request on behalf of the government of
the United States.
The undersigned avails himself of this occasion to renew the
assurances of his most distinguished consideration.
