Papers Relating to Foreign Affairs, Accompanying the Annual Message of the President to the Third Session Thirty-seventh Congress

Mr. Harvey to Mr. Seward.

No. 158.]

Legation of the United States, Lisbon, October 3, 1862.

Sir: After my No. 157 was despatched on the 29th ultimo, I had a personal interview with the Viscount Sa da Bandeira, the minister of war, who is also acting as minister of foreign affairs during the absence of the Marquis de, Soule, in reference to the outrages at the Azores, the conduct of the Portuguese authorities there, and other matters connected with the general subject. I carried with me some of the testimony bearing on the important points, and submitted it to him with explanatory comments.

He was frank enough to say that the islands in question had been used and abused by corsairs and pirates during centuries; that they were exposed and unprotected, and therefore might be so employed again, and that our best plan would be to send a sufficient force there to protect American ships against threatened depredations and to punish the criminal offenders. I informed him that two war steamers had already been ordered to the islands, and that the sloop-of-war St. Louis was ready to sail but I had detained her a day for my own despatches, and offered him that opportunity of communicating with the Portuguese officials. He thanked me for the courtesy, but said it would be impossible to prepare any instructions within the time named, and that the authorities of the Azores were already possessed of the views of the government through the royal proclamation of last year.

I called his attention particularly to the report of a project to establish a coal depot for “confederate” cruisers on the islands, saying that it was part of a plan to equip and arm against our commerce in flagrant disregard of the King’s proclamation. It was agreed between us that I should address him a note on the subject, directing attention to the points most requiring prompt consideration. A copy of that note is now enclosed for your information. It needs no explanation at my hands.

I also transmit herewith copies of notes addressed to Captain Pickering, of the Kearsarge, and Captain Thatcher, of the Constellation, containing the suggestions that occurred to me as proper to the occasion.

A telegram from our consul at Gibraltar on the 29th ultimo informed me that the Kearsarge would leave Algeciras on Tuesday last, the 30th of September. The St. Louis sailed from this port at six o’clock on Wednesday morning, the 1st instant, direct for the Azores. I have heard nothing of the movements of the Tuscarora, though she was at Cadiz when I telegraphed Captain Craven, five days ago.

The enclosed copy of my reply to Mr. Dabney’s note, in regard to the depredations, will explain itself.

I telegraphed the material facts to Mr. Adams on the 30th ultimo, and requested him to communicate them to you immediately.

The agent heretofore employed in the Algarve district started again for duty there on the evening of the 30th September.

No effort has been spared and no precaution neglected which care and prudence could suggest or provide for this emergency. In fact, all the resources at my disposal or discretion have been exhausted, and I may say, without egotism, at least energetically if not wisely.

I am, sir, very respectfully, your obedient servant,

JAMES E. HARVEY.

Hon. William H. Seward, Secretary of State.

[Untitled]

Legation of the United States, Lisbon, Lisbon, September 30, 1862.

Sir: A telegram from Mr. Sprague, our consul at Gibraltar, informs me that he has communicated to you the contents of despatches which I sent to Captains Pickering and Craven, (on Sunday, 28th inst.,) relative to the destruction of ten whalers by Captain Semmes, of the Alabama, off the Azores. You will doubtless learn of the movements of those officers. The St. Louis, which is now here, will start in the morning to join the others at the islands.

This is all the disposable force we have at hand. As the pirates have two wooden steamers only, the preponderance of strength is largely on our side.

I assume that, after receiving the intelligence referred to, you started immediately, preferring real service to the pleasant ports of the Mediterranean. I also suppose that your first impulse would be to start for the Azores, and it is to that point that I wish to direct a few suggestions, which may or may not have force. Should the Constellation go to the Azores, not a single United States ship would be left; within call, in case of any emergency. If the force sent there already be sufficient, in your estimation, to confront the pirates, then I think that you had better not go, for the following reasons. In the first place, the Sumter would be tempted to escape from her present prison ground, and of course be fitted out in England afresh, for new depredations. The officers on board of her will soon know, or suspect, where our ships have gone, and they will probably profit by the opportunity of their absence.

In the next place, it is not to be presumed that Semmes will remain stationary at the Azores. He went there knowing this to be the season when the whalers come down from the North Atlantic, and when a harvest of depredations might be reaped. He is not ignorant that in a few weeks a fleet of merchantmen, loaded with cereals, may be expected at this and neighboring ports. And I have no doubt that he will endeavor to strike at them. He will also be sure that the Tuscarora and others will pursue him the moment his outrages become known, which is another reason why he will not linger at the islands.

I shall advise either the Tuscarora or Kearsarge to return to these waters as soon as the danger is certainly passed, but one of them must remain there for other and important objects.

In this aspect of the matter, my judgment is that you should cruise hereabouts for a time, and run up to Lisbon for a personal conference, and for information. I see no public object to be served in the Mediterranean, while large interests urgently need protection outside of it. I submit these observations, with all deference to your professional position, as the results of a plain and practical view of the situation.

Yours, very truly,

JAMES E. HARVEY.

Captain Thatcher, United States Ship Constellation.

[Untitled]

Legation of the United States, Lisbon, October 2, 1862.

Sir: The papers numbered 1, 2, 3, and 4, which are submitted with this note, will bring to your view certain proceedings at the islands of the Azores, and various depredations on American ships, which may properly claim the immediate attention and interposition of his Majesty’s government.

The first in order which deserves notice is a statement published in the Portuguese journal “O Lidador,” of Terceira, on the 23d of August, which is fully corroborated by various forms of information of a public and private nature.

It appears from this statement that two steamers and a bark, abusing the British flag to shelter their nefarious designs, entered the small ports of the island of Terceira on the 10th, 18th, and 20th of August, respectively, without exhibiting bills of health, as required by the laws of this kingdom. The bark was freighted with arms, munitions of war, and coal, which were transferred to the two steamers without entry at the custom-house, and in defiance of the revenue laws.

After all these proceedings had taken place, and, as the Lidador properly suggests, with a view of “palliating their offence,” the vessels were permitted to go through the farce of making entry at the custom-house, and the health department granted them free pratique, on the pretence that they had stopped at Praia da Victoria, a little neighboring port some few miles distant.

I abstain from comment on so much of the conduct of these officials as must necessarily be subjected to inquiry by the superior authority here in Lisbon. But as far as it injuriously affects the interests of citizens of the United States, -a sense of duty requires me to declare that if they did not act in bad faith, or with criminal collusion, they acted under influences equally culpable and indefensible. They were morally, if not actually, parties to a conspiracy, which soon after culminated in a series of gross outrages, not very far from the same spot, and in the same group of islands.

It may be well to notice, in passing, the fact that free pratique was granted to these pirates by the health department at Angra, after two weeks’ experience of their corsair-like conduct, and to contrast that act with the course previously pursued towards an American merchant vessel: The schooner Thomas Denison touched at Fayal on the 26th November last, bound, with a valuable cargo, for St. Michael. Although she had a clean, regular bill of health, and there was no sickness of any kind on board, she was required to perform quarantine at Fayal. And subsequently, upon reaching her destination, she was ordered by the authorities at St. Michael to Lisbon for another quarantine, thus breaking up the voyage, and injuring the owners materially. This was the treatment suffered by a peaceful commercial vessel, and it may well be contrasted with the courtesy extended to outlaws, who had notoriously defied, insulted, and violated the laws and usages of this kingdom.

The deposition of Henry Redden, formerly a boatswain’s mate on the Alabama, (one of the steamers referred to,) confirms the main facts related by the Lidador, and gives a complete history of the whole affair—of the departure from England, the voyage to the Azores, and the proceedings there up to the time of his abandonment of the piratical enterprise. He states positively that a certain Captain Semmes, after hoisting a flag on the Alabama not recognized by any civilized nation, summoned the crew and announced his intention to “burn, sink, and destroy” American ships, and offered them inducements to join the proposed piracy.

The letter of Mr. Dudley, United States consul at Liverpool, will inform your excellency of a plan concocted by the parties connected with this expedition to use the Azores as a rendezvous for their iniquitous designs. And finally the note of Mr. Dabney, United States consul at Fayal, will present to view the last chapter in this connected record of crime, wherein it will be seen that the threats made at Angra were literally verified off the island of Flores, in the destruction of ten of the whaling ships which, at this season of the year, are accustomed to recruit at the Azores.

No doubt is entertained that as soon as these facts become known to your excellency, prompt and efficient measures will be taken, not only to prevent their recurrence, but to make the delinquent officials answerable for their faithless omissions of duty. All these acts, in part and in whole, are in flagrant violation of his Majesty’s proclamation of July 29, 1861. Avowed enemies of the United States, who are equally the enemies of civilization and humanity, have “entered the ports” of Portugal, have “fitted out” vessels, to use the language of the proclamation, “destinados a corso,” in a Portuguese port, and have burnt and destroyed American ships in Portuguese waters. Great wrong and injury have been thus inflicted by the failure of the local authorities on the islands to respect and obey the royal mandate, which was wisely and liberally designed by his Majesty to exclude such a possibility.

It is proper for me to draw the special attention of your excellency to the reports of the consuls of the United States at Fayal and Liverpool, as to the design of the projectors of this recent expedition, and their criminal associates, to establish a station at the Azores for the supply of piratical cruisers with munitions of war, coal, and arms, to depredate upon the commerce of the United States with those islands and elsewhere. No belief is entertained that a hostile scheme like that described would be tolerated in any way by his Majesty’s government.

But after the events which have now been witnessed, it is only proper that precautions should be taken by which the responsibility of protection should not rest exclusively upon subordinates who may be incompetent or unwilling to discharge their whole duty.

I avail myself of this opportunity to reiterate the assurances of my most distinguished consideration.

JAMES E. HARVEY.

His Excellency the Viscount Sa da Bandeira, Minister of Foreign Affairs.

[Untitled]

Legation of the United States, Lisbon, September 30, 1862.

Sir: I telegraphed you, on the 28th instant, relative to certain depredations committed by Captain Semmes, in a cruiser called the Alabama, upon ten American vessels engaged in the whaling trade off the Azores. Our consul at Gibraltar has informed me of your intended departure for the Western islands to-day, and I avail myself of the sailing of the United States sloop St. Louis tomorrow to make some general suggestions and to send you a description of the Alabama, taken from a deposition of one of the masters whose vessel was burnt. Commander M. C. Marin, of the St. Louis, will furnish you personally with a copy of his own notes with additional details.

This piratical expedition was planned so as to intercept and destroy our whaling ships, which are known to touch at the Azores at this season of the year. When the immediate motive has passed away there, it is to be presumed that similar outrages will be attempted elsewhere. It is well known that a large number of merchantmen, freighted with cereals, may be expected during the months of October, November, and December, at this and neighboring ports. Semmes and his confederates are not ignorant of that fact, and will doubtless endeavor to destroy all they can reach.

As soon, therefore, as danger has certainly disappeared at the Azores, I would advise you to send either the Kearsarge or the Tuscarora, with the St. Louis, to Lisbon, in order that I may confer with the commanders of one or both and concert measures for the protection of our exposed commerce hereabouts.

It will be necessary, in any event, to retain one of the two steamers at the Azores for a time. The insurgents have already used those islands, in defiance of the Portuguese authorities, who are comparatively powerless, as a rendezvous for coaling, recruiting, and the transfer of munitions of war from vessels abusing the British flag to steamers in the service of the so-called “confederates.” And I am credibly informed that a plan has been contrived to establish a coal station at one of the islands, making it the entrepot of a regular contraband commerce, inimical to the interests of the United States, and in flagrant violation of the proclamation of the King of Portugal of July 29, 1861, of which I enclose you a translated copy.

If an occasion should occur, it will be your duty to call upon the proper authorities, through the consul or consular agents, and require that proclamation to be carried out in good faith, as it will be to prevent all contraband trade, if they fail in efficiency. I would recommend you to co-operate fully with the authorities, and to respect their usages and laws, but, at the same time, to protect our own interests in the most proper and positive manner. Exposed and undefended as those islands are, we shall have to rely mainly upon ourselves, since there is no naval force of this kingdom stationed there to assert and maintain the good dispositions of the government.

It would be well for you to see and confer with Mr. C. W. Dabney, United States consul at Fayal, who is necessarily possessed of much information on this subject.

It is not improbable that the Constellation may leave the Mediterranean upon hearing of the depredations referred to. I have written to her commander, suggesting that it would be better for him to cruise in these waters than to proceed to the Azores, as one ship-of-war should be within call for a sudden emergency.

Be pleased to communicate with me by every opportunity which may offer, in order that I may keep our government informed of the progress of events.

I am, sir, your obedient servant,

JAMES E. HARVEY.

Captain Pickering, United States Ship Kearsarge, Azores.