Papers Relating to the Foreign Relations of the United States, Transmitted to Congress with the Annual Message of the President, December 2, 1872, Part II, Volume II
No. 3.—Limitation of asylum to the Florida at Funchal.
Mr. Harvey,
United States minister, to Mr. Seward, Secretary of State.
Lisbon, May 24, 1864.
Sir: I transmit herewith translations of various correspondence between the authorities of the island of Madeira, the commander of the rebel cruiser Florida, and the United States vice-consul, in reference to the supplies which were furnished to the Florida at Funchal in February last.
I have the honor to be, &c.,
Hon. Wm. H. Seward,
Secretary of State.
Governor Perdigao to the captain of the port of Funchal.
February 28, 1864.
Most Excellent Sir: I have just been informed, by an official communication from yourself, that the ship Florida, a South American corsair, sailing under the so-called flag of the Confederate States, which have not been recognized by us, has entered and is now at anchor in this port.
In view of the decree of the 29th July, 1861, a vessel in those circumstances can only enter the ports of Portugal when compelled thereto by force majeure; and as such case has not happened, nor is it invoked by the commander of said vessel to legalize or justify his stay in this port,. I find myself compelled, in conformity to the law, and in obedience to all [Page 79] those principles of loyalty which are due to the flag of a friendly nation, to request that your excellency will be pleased to intimate to the aforesaid commander to leave this port with all possible speed.
Your excellency will be pleased to keep me informed of all that may occur in carrying out the present commission.
God preserve your excellency.
The civil governor,
His Excellency the Captain
Of the Port of Funchal.
The captain of the port of Funchal to Governor Perdigao.
Most Excellent Sir: In compliance with the orders received from your excellency, I have intimated to the commander of the war-steamer Florida to leave this port within twenty-four hours, and in reply to said intimation I have received from said officer a communication, of which I have the honor of transmitting a copy to your excellency, wherein the said commander declares he was forced to come into this port in want of water, bread, and coals, and that consequently it is impossible for him to quit this port without those articles. Your excellency will decide whatever is just, and I await your excellency’s orders on this head. God preserve your excellency.
Post-Captain R. N., and Captain of the Port.
His Excellency Dn. Jacintho Antonio
Perdigao,
Civil Governor of
the Funchal District.
Lieutenant Morris to the captain of the port.
Off Funchal, February 28, 1864.
[417] *Sir: In answer to your request that I should leave this port immediately, I have to state that it is utterly impossible to comply. I would state that I arrived here last night at 11 o’clock, and am out of coal, and require water and bread, and do hereby enter my protest against being forced to leave without the above-mentioned necessaries, and must decline doing so. Should any mishap befall this vessel while out of fuel, your government will be responsible for the same. It is actually necessary to have coal, not only for the purpose of propelling the vessel, but also to make fresh water, as this vessel carries a very [Page 80] small quantity of the latter. I only ask for what the English, French, Spanish, and Brazilian governments, and also your own government, have already granted to our vessels.
I have the honor to be your most obedient servant,
Lieutenant Commanding.
Captain Joaquin Pedro de
Castelbranco,
Captain of the
Port of Funchal, &c.
Captain of the port to Governor Perdigao.
[418] Most Excellent Sir: I communicated your excellency’s order to the commander of the steamer Florida, said orders being to the effect that he might acquire the provisions and water required to proceed on his voyage, and that with regard to coal, your excellency only allowed him to take twenty tons. In reply I have this day received a communication from said officer, of which I have the honor of transmitting you a copy inclosed, wherein said commander states he cannot proceed on his voyage without taking in forty tons of coal.
A short time after my receiving this communication, this officer came to me, and I then made known to him your excellency’s positive orders, and he at last agreed to leave this evening, taking only the twenty tons of coals allowed by your excellency, declaring that he would not proceed to sea under these circumstances should any war-steamer of the United States make her appearance in sight at the moment of his leaving the port.
God preserve your excellency.
Post-Captain and Captain of the Port.
His Excellency the Civil
Governor
Of the Funchal
District.
Lieutenant Morris to the captain of the port.
Funchal, February 29, 1864.
[419] *Sir: Your letter of the 28th instant, in answer to a communication which you received from me of the same date, setting forth the reasons for my not leaving this port, &c., has been received. You state that his excellency the governor consents to my being supplied with bread, water, and twenty tons of coals to enable this vessel to proceed to the high seas.
I will state that I require forty tons of coal to reach the nearest port. I am, sir, with much respect, your obedient servant,
Lieutenant Commanding, C. S. N.
Joaquin Pedro de
Castelbranco,
Captain of the
Port, &c.
Governor Perdigao to the captain of the port.
February 29, 1864.
[420] Most Excellent Sir: On view of your communication, wherein you inform me that you had intimated to the commander of the ship Florida—South American corsair—to quit this port, and make known his reply, whereby he alleges the existence of force majeure in his being short of provisions, water, and coals to navigate, it is my duty to inform you that I consider that ship only entitled to protection under the general *laws of humanity; and I understand that, according to said laws, we need not deny to anyone the necessary means of subsistence, and therefore agree to his being furnished with such provisions and water as he may require but cannot do the same with regard to coals; whereas said ship being built on the mixed system, and being therefore enabled to navigate by means of her sails, as she no doubt has already done, and as is evident from the fact of her having taken eighteen days in coming from Brest to this port; and it not being consistent with my duty that she should, within the territory confided to me, be permitted to furnish herself with that article in a greater quantity than what is necessary for her to leave this port, attain such a distance off as not to be prejudiced by the ship of war of the United States which is likewise now at anchor in this port, and for the purpose of cooking on board, I think that I am only authorized in allowing her to be furnished with twenty tons of coal; which quantity, although not sufficient to put her in a position of causing damage, is nevertheless sufficient to avert any danger to which she might, by chance, be exposed on leaving this pore.
In this sense your excellency will be pleased to communicate with the commander of the aforesaid corsair and apprise me of the result.
God preserve your excellency.
[421] *The Civil Governor,
His Excellency the Captain
Of the Port of Funchal.
Governor Perdigao to the director of customs.
February 29, 1864.
Most Illustrious Sir: Having been informed by the captain of this port that the commander of the ship Florida—South American corsair—now at anchor here, had declared himself unable to leave this port in compliance with the intimation made to him by my orders, seeing that he was in want of provisions, water, and coals; and I having resolved that in view of the duties of humanity, which must be extended [Page 82] to him and which do not compromise other duties, equally sacred, of loyalty toward the flag of a friendly nation, he should be permitted to furnish himself with whatever provisions and water he may require, and with twenty tons of coal, which I consider sufficient to enable him to leave this port without danger, and to cook provisions on board, I now inform you hereof in order that you may be pleased to authorize the shipment of the said quantity of coal, and using supervision in not allowing these limits to be exceeded.
God preserve you.
[422] *The Civil Governor,
Most Illustrious Director of Customs, Funchal.
Governor Perdigao to the United States consul.
February 29, 1864.
[423] Most Illlustrious Sir: I have the satisfaction of informing you that the commander of the ship Florida (South American corsair) has, according to the communication of the port captain and his own verbal declaration to me, in the presence of two persons, accepted the concession granted to him for furnishing himself with provisions and water which he needs, and twenty tons of coal, the latter having been agreed with you and I having consented thereto, as a sufficient quantity to enable him to leave the port and place himself at such a distance as not to fear his being harmed by the American corvette of war now lying in this port, and for purposes of cooking on board; and the said commander has compromised to leave this evening, provided that up to the moment of quitting no American war-steamer shall heave in *sight, in which case he desires and requires to keep himself under the protection of the flag in whose waters he is now riding at anchor. He, however, has asked me that, following the example of what is done in the ports of other nations, all means might be employed toward obtaining that the United States war-ship in this port may only leave this port twenty-four hours after his departure and it being my desire to maintain complete impartiality, thus communicate the same to you, hoping that you will agree with the commander of the American corvette now here, so as to comply with the said request, which I consider reasonable and in harmony with those principles of equity which are due to all.
Be pleased to acknowledge receipt of the present dispatch and to reply thereon as you think fit.
God preserve you.
The Civil Governor,
Most Illustrious Vice-Consul
of the United
States.
The captain of the port to Governor Perdigao.
Most Excellent Sir: I have the honor of informing your excellency that the American steamer Florida left the port last night, about 8.30 p.m., having received the provisions and water which she desired and the twenty tons of coals which your excellency permitted her to take.
God preserve your excellency.
Post-Captain R. A. and Captain of the Port.
His Excellency Don Jacintho Antonio
Perdigao,
Civil Governor of
the District of Funchal.