Mr. Souza Boza to
Mr. Gresham.
Legation of Portugal,
Washington, May 29, 1894.
(Received June 12.)
Sir: Referring to the different interviews I
have had with you in regard to the question that has been raised between
the Brazilian and Portuguese governments, I note the following points as
the principal ones, which will give an exact idea of the question
referred to:
The intervention of Vice-Admiral Castilho, commander of the Portuguese
naval force at Rio de Janeiro, as a mediator in the capitulation of the
insurgents, and the asylum which was afterwards given to them, were
effectuated without the authorization of the Portuguese Government. The
instructions given by the Portuguese Government to Mr. Paraty, its
representative in Brazil, were, with respect to the mediation, that it
should be authorized only if it were accepted by the Brazilian
Government; and, with regard to the asylum of the refugees, that it
could be given only in concert with the commanders of the other foreign
vessels. (Docs. Nos. 1, 2, 3, and 4.)
As soon as the Portuguese Government knew that the Brazilian Government
declined to accept the capitulation of the rebels it gave positive
instructions to Mr. Paraty not to have anything to do with this act.
(Docs. Nos. 5 and 6.)
Asylum was finally granted by Admiral Castilho on the 14th of March, the
Portuguese Government being ignorant that all the insurgents had taken
refuge exclusively on board of the Portuguese ships. (Docs. Nos. 7, 8,
9, and 10.)
The Brazilian Government protested against the right of Portugal to give
asylum to the insurgents; but on March 17, by amicable agreement, it
consented that the vessels might depart from Rio de Janeiro. (Doc. No.
11.)
On March 19 the Portuguese corvettes Mindello and
Alfonso de Albuquerque did depart for Buenos
Ayres, carrying on board all the refugees. The question raised by the
Brazilian Government over the right of asylum remained pending, the
Portuguese Government declining to deliver up the insurgents,
guaranteeing, however, to the Brazilian Government that they should be
disembarked only on Portuguese territory, subject to the vigilance of
the proper authorities, so as to prevent them from intervening in the
political struggle of Brazil. (Docs. Nos. 12 and 13.)
On March 24 the corvette Alfonso de Albuquerque
arrived at Buenos Ayres, and on the 26th the Mindello, and the Portuguese Government insisted upon its
orders to the commanders not in any event to disembark the refugees, who
were to be conveyed to Portuguese territory on
[Page 514]
a transport of war expressly sent from Lisbon for
this purpose, since the commanders of the two corvettes declared most
positively that it was impossible for them to put to sea, from lack of
accommodations and from the condition in which the vessels were found to
be. (Docs. Nos. 14, 15, 16, 17, 18, 19, 20, and 21.)
As it would take a long time for a transport to arrive, and the
Portuguese Government wished to convey the insurgents to Portugal as
speedily as possible, it endeavored to charter a special steamer for
this purpose in Buenos Ayres. (Docs. Nos. 22 and 23.)
Meanwhile the hygienic conditions resulting from the accumulation of so
many persons on board of the Portuguese vessels became extremely bad,
and cases of yellow fever were not slow in appearing. A lieutenant who
was asylumed on the Alfonso de Albuquerque died
of this disease, and two soldiers of the Mindello
were sent to the hospital. The Argentine Government, in consideration of
the danger, urgently besought the Portuguese representative at Buenos
Ayres to solicit instructions from the Government at Lisbon to disembark
the refugees at the lazaretto, or that the corvettes would leave the
Argentine waters immediately. The situation on board was extremely
grave, the Portuguese representative declaring that it was impossible to
await the arrival of the transport. (Docs. Nos. 24 and 25.)
This situation, already of itself so difficult, was aggravated by the
circumstance of its being known that the friends and partisans of the
insurgents were planning to bring about their disembarkation, which,
being known to Admiral Saldanha da Gama, led him to beg for the
disembarkation of the refugees by telegram directed to the Government of
His Majesty. (Docs. Nos. 26 and 27.)
In spite of all these difficulties and demands, the Portuguese
Government, faithful to the promise it had made to the Brazilian
Government, declared most positively that under no circumstances
whatever would it permit the disembarkation of the refugees, not even
the sick; and it insisted that every endeavor possible should be made to
charter a vessel which should carry the refugees to the territory of
Portugal, under the Portuguese flag, as quickly as possible. (Docs. Nos.
28, 29, and 30.)
These orders of the Portuguese Government could have been carried into
effect finally, the steamer Pedro III being
chartered at Buenos Ayres on April 8 for £8,000 to carry the refugees to
the Island of Ascension. (Docs. Nos. 31 and 32.)
At this juncture the Portuguese Government was informed that 110 refugees
had escaped from on board the corvette Mindello,
in view of which it immediately gave orders that an urgent request for
their restitution should be made to the Argentine Government. This
Government, however, not only declined to deliver them up, but protested
against the fact of some of the fugitives having been recaptured at the
time when they escaped on board of the schooner Pepito
Donato, with the Argentine flag. (Docs. Nos. 33, 34, and
35.)
The Brazilian Government having been informed of this escape, protested,
and the Portuguese Government explained the circumstances, and proved
that it had been solicitous to comply with its promise to the Brazilian
Government, employing to that end all means within its reach, and that
no responsibility could be attached to it for what had happened.
On the 15th of April the Portuguese Government received exact and
circumstantial information about the escape of the fugitives at Buenos
Ayres, and the communication that the two Portuguese corvettes had
departed for the coast of Montevideo, where the steamer Pedro III
[Page 515]
was soon going to meet them to
carry the refugees to the Island of Ascension. (Docs. Nos. 36, 37, and
38.)
On April 16 the Government of Uruguay asked for the disembarkation of a
refugee severely attacked with beriberi on board of the corvette Alfonso de Albuquerque, promising to be
responsible for his restoration to the Portuguese Government dead or
alive, a petition supported even by the minister of Brazil in Uruguay.
The Portuguese Government answered this with a formal declination,
because it had promised the Brazilian Government to allow the
disembarkation of the rebels only in the territory of Portugal. The
Portuguese Government informed its representative at Bio de Janeiro of
this resolution, but in view of the certification of the physicians,
transmitted by the chargé d’affaires of Portugal at Buenos Ayres, that
the individual in question would die on the way if he went to sea, the
Portuguese Government granted that he might remain a prisoner on board
the corvette Mindello, under the responsibility
of the commander thereof. (Docs. Nos. 39, 40, 41, 42, and 43.)
Various complications with the Argentine Government followed, in
consequence of the diligence which was employed in the capture of
fugitives at Buenos Ayres, so that the Portuguese Government decided to
leave the refugees about whom there had been contention with the
Argentine Government on board the corvette Mindello at Buenos Ayres, taking the remainder to sea on the
Pedro III, convoyed by the corvette Alfonso de Albuquerque. (Docs. Nos. 44 and
45.)
Nevertheless, in spite of all the precautions and good will of the
Portuguese Government yet new complications arose. On April 28 the
Government at Lisbon received word that 133 refugees had escaped from on
board the steamer Pedro III, who had been placed
upon it to be taken to Portugal, and amongst them was Admiral Saldanha
da Gama. The Government immediately charged its representative at Rio de
Janeiro to testify to the Brazilian Government the great regret with
which it received this entirely unexpected news, and to declare that the
commanders of the two corvettes had been deposed from their commands
immediately, and would be court-martialed, so that those who were
responsible for failure to carry out the promises so many times given
and so often insisted upon should be punished. (Doc. No. 46.)
After so many mishaps and complications, the steamer Pedro III finally left Buenos Ayres for Portugal with 170
refugees, being convoyed by the corvette Alfonso de
Albuquerque. After this, on May 14, the chargé d’affaires of
Portugal at Bio de Janeiro received a note from the Brazilian
Government, complaining that the Portuguese Government, had taken the
responsibility of asylum granted to the refugees, and had let them
escape, and at the same time sending to the personnel of the legation of
Portugal its passports. (Docs. Nos. 47 and 48.)
This note caused the greatest surprise to the Portuguese Government,
because no communication had been made to it by the Brazilian Government
after the most complete explanations had been given by it about the
escape of the refugees, the endeavors made to keep the promises it had
given, and the steps taken to punish those who were responsible. (Doc.
No. 49.)
This is the explanation which I outlined to you, and submit to your
appreciation. In view of the short time that I have had to make this
résumé, I have been obliged to pass over entirely some circumstances
which it would have been fitting to mention.
Nevertheless the main facts are here sketched, and from the careful
reading and consideration of these I have not the least doubt that you
[Page 516]
will be convinced of the
extreme fidelity and complete rectitude with which the Portuguese
Government has acted throughout this lamentable occurrence.
[Document No. 1.—From the legation of
Portugal.]
Rio
de Janeiro, March 11,
1894.
Asylum granted without my authorization. I request orders.
[Document No. 2.—To the legation of
Portugal at Rio de Janeiro.]
Portuguese Government does not wish its agents there to do any act
which can be disagreeable to the constituted Government; therefore
we must know how the Brazilian Government will accept the
intervention of Commandant Castilho to treat of capitulation. You
will please, therefore, ascertain, informing me immediately, so that
proper instructions may be given you. In order that asylum for Gama
and officers may be effectuated, it is indispensable for Castilho to
reach an understanding with commanders of foreign vessels.
[Document No. 3.—From Rio de Janeiro to
Lisbon.]
Navy:
Saldanha begs with utmost urgency that I be charged with effecting
negotiations for capitulation with most favorable conditions;
withdrawal of the officials to go to foreign parts under protection
of Portugal, guaranty of life of inferior officers, soldiers, and
volunteers; delivery of fortress, ships of war, and material of
every kind, and restitution of prisoners. Counting from yesterday
Government fixed the term of forty-eight hours for beginning to
fight with all its force. In view of great urgency in consequence of
the distance from the chargé d’affaires, I decided with the greatest
possible haste to visit the President of the Republic at 11 o’clock
last night. President of Republic declared immediately that the
importance of the subject required consultation with minister of war
and minister of marine, and promised to send reply to-day if it were
possible. Chargé d’affaires arrived safely; disapproved my
proceeding. I ask to be relieved of command.
[Document No. 4.—From Lisbon to Rio de
Janeiro.]
Command of corvette
Mindello:
You should proceed there in harmony with the chargé d’affaires of
Portugal, who receives instruction from the Government. Chargé
d’affaires has already telegraphed to the Government about the
asylum and mediation sought by Gama. Chargé d’affaires will proceed
according to instructions of Government, which he will communicate
to you for due performance. In the present state of affairs there it
is essential for each one to do his duty, laying aside all personal
feeling. I can not at this moment grant release to one who, like
you, occupies a post of importance and confidence.
[Document No. 5.—From the legation of
Portugal at Rio de Janeiro.]
Minister of foreign affairs says Federal Government can not accept
condition proposed in behalf of military rebels.
[Document No. 6.—To the legation of
Portugal at Rio de Janeiro.]
In view of answer of Brazilian Government, we must not mediate
directly in the capitulation, merely being able to cooperate with
representatives of other powers in any nonofficial action. As to
asylum, the petition should be communicated to the
[Page 517]
represented powers so that the asylum
to be effectuated may be by agreement of all, Castilho for this
purpose coming to an understanding with the commanders of other
foreign ships, as I said yesterday.
[Document No. 7.—To the legation of
Portugal at Riode Janeiro.]
As to the refugees, we should act exactly like the other nations
which have there important interests and ships of war in which the
vanquished revolutionists may have been gathered.
[Document No. 8.—From the legation at
Rio de Janeiro.]
Only Portuguese vessels will give asylum. Brazilian Government
disputes over right. I ask if they can and should be carried away.
Excitement against Portuguese.
[Document No. 9.—To the legation of
Portugal at Rio Janeiro.]
Your telegram surprised me after instructions given by Portuguese
Government about asylum sought by insurgents. Consult immediately
representatives of nations which have there ships of war and which
therefore ought to have instructions about the case of asylum. If
these understand international laws of asylum to be applicable in
the present case, and if they will therefore lend support to asylum
in our ships of war, maintain asylum, combining Castilho with
commanders of foreign ships of war.
[Document No. 10.—From the legation of
Portugal at Rio Janeiro.]
Formerly all were ready to give asylum; considered the right sacred.
Now representatives of foreign nations reserve opinion in the case,
but at my instance seek instructions of their governments.
[Document No. 11.—From the legation of
Portugal at Rio Janeiro.]
Arranged in a friendly manner with Brazilian Government that
corvettes should depart to-morrow at 4:30, if before that no other
order came from your excellency.
[Document No. 12.—From the legation of
Portugal at Rio Janeiro.]
Corvettes departed with Brazilian Government disputing right to sail;
but pending claim against right of asylnm, I promised to keep the
fugitives on board until claim was settled. France, England, Russia,
Austria, Montevideo, minister of foreign affairs; he personally
recognized right of asylum; United States equally, if it has not
changed. I seek instructions for moral support. Brazil exercised
this right many times. I have written by steamer Nilo urgent instructions; Buenos Ayres, commander Mindello. I ask if I shall propose
arbitration. All fugitives were received; said to be followed by
Brazilian steamer.
[Document No. 13.—To the legation of.
Portugal at Rio Janeiro.]
I received telegram of yesterday; difficult to decipher. I answered
to-day to chargé d’affaires of Brazil here. Portuguese Government
can not deliver refugees, nor therefore make corvettes return with
them to Rio Janeiro, since duties of humanity, principles of
international law, naval regulations common to all nations do not
permit delivery of all individuals received on Portuguese ships of
war, under shadow of Portuguese flag, being there as on Portuguese
territory, so much the more as our treaty of extradition with Brazil
expressly says that individuals shall not be delivered for political
crimes. Portuguese Government gives to Brazilian Government
[Page 518]
assurances that fugitives
shall only disembark on Portuguese land, being there guarded in
military depots and subject to vigilance of competent authorities,
so as to prevent their taking part in the internal political
struggle of Brazil. Portuguese Government trusts Brazilian
Government desist from its claim in virtue of their assurance and
declaration.
[Document No. 14.—From the legation of
Portugal at Buenos Ayres.]
Corvette Alfonso de Albuquerque arrived to-day
at quarantine Island Flores Montevideo; transport of war asked of
your excellency.
[Document No. 15.—From Lisbon to Buenos
Ayres.]
Chargé d’affaires of
Portugal:
Please send following telegram to commander of Mindello as quickly as possible; as the arrival of the
transport would take a long time, it is well to try to put in at
Loanda, or at least at St. Helena, where Bartholomen Dias will
probably arrive the same day. In no case whatever disembark
fugitives without having received orders.
[Document No. 16.—To the legation of
Portugal at Buenos Ayres.]
In accordance with my former telegram, it is absolutely necessary not
to disembark fugitives. Corvettes Alfonso de
Albuquerque and Mindello should not
stay there, and should depart as quickly as possible for a
Portuguese port, where then a war transport will go, in conformity
with the direction of the minister of marine to the commander in the
telegram sent you to-day.
[Document No. 17.—From Buenos Ayres to
Lisbon.]
Ministry of Marine:
The corvette Mindello is expected to-morrow; I
will carry aboard your telegram.
[Document No. 18.—From Buenos Ayres to
Lisbon.]
Secretary of Admiralty:
The corvette arrived to-day safely. Ten days of quarantine. I await
orders from our Government to disembark 251 passengers.
[Document No. 19.—From Lisbon to Buenos
Ayres.]
Commandant of Portuguese corvette
Alfonso de Albuquerque:
Do not disembark fugitives in any case whatever without order of the
Government.
[Document No. 20.—From the legation of
Portugal in Buenos Ayres.]
Corvette Alfonso de Albuquerque ten days’
quarantine. I carried your excellency’s orders on board; commander
declared me impossible to go on to a Portuguese port, for lack of
capacity and provisions. Says it is indispensable transport of war
come here. Mindello is expected to-morrow.
Fugitives have not disembarked.
[Document No. 21.—From the legation of
Portugal in Buenos Ayres.]
Mindello arrived to-day. I delivered your
excellency’s orders to the commandant, who says also it is
absolutely impossible to continue the voyage to a Portuguese port.
Corvette needs repairs. I belive it is urgent that a transport of
war come. The council of hygiene wants the passengers to make their
quarantine at the hospital. I insisted that commandant should not
consent to disembark.
[Page 519]
[Document No. 22.—From the legation of
Portugal at Vienna.]
In reply to your excellency’s telegram I have the satisfaction of
informing you that the Austrian Government has given a telegraphic
order to the chargé d’affaires at Rio Janeiro to take the proper
steps to get the Brazilian Government to consent to desist from its
claim for the political refugees on board of Portuguese ships of
war.
[Document No. 23.—To the legation of
Portugal at Buenos Ayres.]
Received your telegram now. I confirm absolutely the order given not
to disembark the Brazilian refugees there. Minister of marine
telegraphed to this effect to Commander Castilho and now repeats his
order, ending in telegram directed to you to immediately communicate
with Castilho, making him responsible for not complying. It is
necessary to carry the refugees to Portuguese territory as quickly
as possible. For this the minister of marine has already telegraphed
to Castilho, asking if it is possible to charter a ship there which
can assist in conveying the refugees under the Portuguese flag. I
recommend this also to you, an answer being urgent, so that if there
be a steamer there the minister of marine may give necessary
instructions for the conveyance, and if there be not, a transport
may go from here promptly.
[Document No. 24.—From Buenos Ayres to
Lisbon.]
Navy:
It would be better to buy Italian steamer on prompt payment and
depart for its destination, San Vincent, without the least delay
with the Italian crew and my officers.
It is known officially that a lieutenant asylumed on the Alfonso de Albuquerque has died. Two soldiers
from the Mindello were sent to the floating
hospital with the fever.
The situation is very grave when it rains.
[Document No. 25.—From the legation of
Portugal in Buenos Ayres.]
Epidemic yellow fever corvette Mindello:
Argentine Government in diplomatic note of to-day asks me to solicit
with the greatest urgency instructions from the Government either to
disembark the passengers for the lazaretto or to remove the
corvettes from Argentine waters without the least delay. General
indignation against the retention of the refugees on board is raised
in the press. Under such conditions I beg of you orders to answer
the note. The situation on board can not be more desperate. It has
become impossible to wait for a war transport here.
[Document No. 26.—From the legation of
Portugal in Buenos Ayres.]
I have secured the Italian packet Norte
America, 18 miles speed; carries refugees directly to a
Portuguese port for 200,000 francs, but formalities of changing the
flag take at least twenty days. Company can sell this steamer for
£200,000 sterling. Then depart immediately with officers, marine,
and flamula. Quarantine Mindello ends April
6; Alfonso Albuquerque April 3. Commandant of
Mindello wants to draw up to wharf for a
concert. Say if I shall forbid it. I believe in this case it will be
impossible to keep the refugees on board. If the Government does not
wish to buy a ship, immediate orders should be given by all means
for the corvettes to go from this port to the Canaries, to wait
there for the Portuguese war transport. All sorts of suggestions are
made for the disembarkation of the refugees here, the permanence of
this situation being perilous.
Document No. 27.—To the legation of
Portugal in Buenos Ayres.]
Considering the time necessary for changing the flag, the Government
is going to order a transport to go from here which will reach there
in a few days more than the twenty necessary for changing the flag.
In no event allow drawing up to wharf. If it be necessary, time
permitting, the ships can go out along the coast for a few days to
avoid difficulties there.
[Page 520]
[Document No. 28.—From Lisbon to Buenos
Ayres.]
Command of Corvette
Mindello:
There is no possible contingency in which the Government will permit
the disembarkation of the refugees. Also it can not buy the ship for
£200,000. In any case depart, saying where you are going, where a
transport will go which will relieve you. Telegraphic orders to this
effect go to San Vincent.
[Document No. 29.—From Lisbon to Buenos
Ayres.]
Chargé d’Affaires of
Portugal:
Please transmit to Commander Castilho the following order:
Do not in any event disembark any refugees. The Government promised
that the refugees should only be disembarked in Portuguese
territory. You assume the gravest responsibility if you fail to
comply with this order. With the aid of the chargé d’affaires see if
you can charter a vessel there to convey the refugees to a
Portuguese port under a Portuguese flag. If you can not do so a
transport will go from here.
[Document No. 30.—From Lisbon to Buenos
Ayres.]
Commandant Corvette
Mindello:
Disembarkation of sick impossible. Dispense all possible comfort; you
will charter transport which will be convoyed by Alfonso de Albuquerque to island of Ascension, where it
will meet transport proceeding from Lisbon. Mindello will go to St. Thomas and await orders.
[Document No. 21.—From the legation of
Portugal at Buenos Ayres.]
Commandant of Mindello thinks the project of
being towed in acceptable. By agreement with the financial agent I
have contracted for the steamer Pedro III for
£8,000, which goes as a Portuguese ship of war. I ask of your
excellency authority to sign a contract in the name of the
Government and that I have funds necessary to pay for the
charter.
[Document No. 32.—To the legation of
Portugal in Buenos Ayres.]
Received your telegram to-day. You may sign the contract; to-morrow I
will make provision of money.
[Document No. 33.—From the legation of
Portugal in Buenos Ayres.]
I have just learned on good authority that several refugees escaped
last night from the corvette Mindello on
launches which had brought coals and provisions. Both corvettes will
go this morning to the waters of Maldonado to await the transport.
There is more reason to insist upon the necessity of having the
corvette Alfonso de Albuquerque accompany the
transport at every cost. I am waiting for details which I will
forward. The refugees were sent to the lazaretto.
[Document No. 34.—To the legation of
Portugal at Buenos Ayres.]
If any refugees escaped from the Portuguese corvette, make urgent
endeavors to have them restored by the Argentine Government and go
to sea with the rest of the refugees, using to this end the means
most appropriate there.
[Page 521]
[Document No. 35.—From the legation of
Portugal at Buenos Ayres.]
As ordered by you, I requested the delivery of the fugitives in the
most cordial terms; the Argentine Government declines in a note
to-day. Minister of foreign affairs has just sent me another note
informing me a boat from on board the corvette Alfonso Albuquerque took by armed force 30 Brazilian
refugees who were found to have escaped from that corvette on board
of a schooner, Pepito Donato, carrying the
Argentine flag, and carried them back to the corvette in violation
of territorial sovereignty; that, proceeding in accordance with the
instruction of the President of the Republic, he addressed me so
that a formal complaint against the unjustifiable conduct of the
commander of the corvettes might be conveyed to the Government of
His Majesty, asking satisfaction for this deed and consequently for
the surrender of the persons seized on the schooner, relying upon
the cordial relations and the bonds of friendship and sympathy which
bind the Argentine Republic to the Kingdom of Portugal for assurance
that a prompt response will be given. I answered that I would inform
the Government earnestly, and that trusting in these good relations
to which he referred, I hoped that with the good will of all we
should arrive at a satisfactory and honorable settlement. I await
your excellency’s instruction.
[Document No. 36.—From the legation of
Portugal at Rio Janeiro.]
The Brazilian Government is informed that some refugees have
disembarked at Buenos Ayres. If this news is confirmed diplomatic
negotiations will probably be broken off.
[Document No. 37.—To the legation of
Portugal at Rio Janeiro.]
The Portuguese Government gave the most definite orders that the
Brazilian refugees should be disembarked only on Portuguese
territory. In spite of the corvettes being overloaded with people,
and of their therefore not being able to undertake any long voyage,
of yellow fever manifesting itself on board, and of the Argentine
Government requiring a disembarkation to the lazaretto or a prompt
departure, the Portuguese Government never, in spite of all the
difficulties, authorized any disembarkation. The Government denied
the position of Saldanha da Gama and the King denied the petition of
the Argentine Masonic lodges. In order that the refugees might reach
Portuguese territory promptly, the Government chartered a steamer at
Buenos Ayres to take its refugees to the island of Ascension under
the Portuguese flag and with our officers and sailors, accompanied
as far as possible by the corvette Alfonso
Albuquerque, and it chartered another steamer here, which
has already gone, also with our flag, officers, and sailors, to the
island of Ascension, so as to bring the refugees from thereto
Portugal. It is said that some refugees have tried to escape, but
they were recaptured and carried aboard. The Argentine Government
complains because our corvettes have retaken some of those who
escaped and hid themselves on an Argentine schooner. I ask for
information so as to answer the complaint. At all events the
Brazilian Government can not complain of our lack of endeavor to
carry the refugees aboard our ships to Portuguese territory.
[Document No. 38.—Chargé d’affaires of
Portugal at Rio Janeiro.]
I have just received official and exact information as to the
occurrences at Buenos Ayres. Some refugees escaped treacherously
from the corvette Mindello, but amongst them
were only four combatant officers of low rank. Some refugees also
tried to escape from the corvette Alfonso de
Albuquerque, but were retaken; hence the demand of the
Argentine Government. Both corvettes are now in the waters of the
coast of Montevideo, whither a steamer chartered in Buenos Ayres is
going without delay to convey the refugees to the Island of
Ascension, where the steamer Angela, already
chartered, will be, which will bring them to Portugal.
[Document No. 39.—From the legation of
Portugal at Buenos Ayres.]
Government of Uruguay asks authorization to disembark fugitive
Antonio Santos Abren, severely ill with beri-beri, on board corvette
Alfonso de Albuquerque, making itself
responsible to restore him to the Portuguese Government alive or
dead. I beg
[Page 522]
the speedy
decision of your excellency. Transport leaves to-night, intending to
leave Ponta India with refugees to-morrow night.
[Document No. 40.—To the legation of
Portugal at Buenos Ayres.]
Portuguese Government feels that it can not accede to the petition of
the Government of Uruguay; but having declared to the Brazilian
Government, when that Government demanded surrender of refugees and
the Portuguese Government refused it, that it would disembark them
only on Portuguese territory. It can not default from the
declaration it made.
[Document No. 41.]
Chargé d’affaires of Portugal at
Rio Janeiro:
According to information received to-day, the steamer chartered at
Buenos Ayres to carry refugees to Portugal leaves the waters of
Uruguay to-day, where our corvettes are. Government of Uruguay
petitioned Portuguese Government for authorization to disembark a
refugee ill with beri-beri, making itself responsible for his
restoration to the Portuguese Government, dead or alive; in spite of
this, I answered that I could not grant the petition in view of my
declaration to the Brazilian Government that we would disembark them
only in Portuguese territory.
[Document No. 42.]
Buenos Ayres, April 17, 1894.
President of Ministers,
Lisbon:
Physicians declare that if Santos Abren, who is sick, goes to sea he
will die on the way. Could your excellency permit him to remain a
prisoner on board corvette Mindello? The
minister of Brazil in Uruguay himself asks this. I believe it would
not be improper.
[Document No. 43.]
Chargé d’affaires of Portugal at
Buenos Ayres:
In view of your telegram of to-day, the refugee, Santos Abren, may
remain on the corvette Mindello under the
responsibility of the commandant. It is urgent that the chartered
steamer leave with the refugees for the Island of Ascension, whence
the Angela will carry them to Portugal.
[Document No. 44.]
Chargé d’affaires of Portugal at
Buenos Ayres:
It is necessary that the steamer chartered by the Portuguese
Government and now under the Portuguese flag leave that port without
delay. When the steamer chartered, as is our right, has departed,
you will reply to the demand of the Argentine Government, showing it
what your telegram refers to, that the schooner Pepito Donato being, without any flag, attached to the
corvette Alfonso de Albuquerque, in the
service of that corvette, a service directed by a Portuguese officer
and performed in the schooner itself by sailors of the Portuguese
Navy, and morever under our authority; refugees who had surrendered
to our jurisdiction, and were under the guard and responsibility of
our naval force, having tried to escape by deception, leaping into
the schooner; having there struggled with our naval sailors and used
force, attacking them with knives and trying to cut the fastenings
and to detach the schooner, against our legitimate authority; the
attack having been suppressed under these circumstances a continuous
act, and without the refugees having succeeded in getting out of our
jurisdiction and control, and our authority over them having been
maintained; the corvettes not being at Buenos Ayres even but in the
open sea, where the jurisdiction of the Government to which they
belong is absolute over everything which is in them; and this not
being a case of extradition, it is evident that no valid reason
would oblige the Portuguese Government to order such refugees
delivered to the Argentine Government, even in the absence of the
declaration which it made to the Brazilian Government that it would
disembark them only in Portuguese territory. You will close your
note with the assurance that the Portuguese Government maintains the
most cordial regards for the Argentine Government.
[Page 523]
[Document No. 45.—From Lisbon to Buenos
Ayres.]
Chargé d’affaires of
Portugal:
Please transmit to Commander Castilho:
The refugees about whom there is no dispute remain on the Mindello, the rest going in the Pedro III, conveyed by the corvette Alfonso de Albuquerque until beyond anger,
when the corvette will return there and the fugitives will be
transferred from the Mindello to it. I ask
definite instructions.
[Document No. 46.]
Chargé d’affaires of Portugal at
Rio Janeiro:
The Government has to its great surprise just received word from
Buenos Ayres that the Brazilian refugees who were on board the
steamer Pedro III have escaped, the
Government having chartered that steamer to carry them to Portuguese
territory, as it declared to the Brazilian Government that it would
do. I send you by mail a detailed account of all the endeavors which
the Portuguese Government made; in spite of innumerable
difficulties, they assure the coming of the refugees to Portugal,
where supervision of them would have been easy and efficaciously
exercised. The Government is collecting all the indispensable
information it can as to the circumstances of this escape. Call upon
the minister of foreign affairs immediately and testify to him the
great regret with which the Portuguese Government has received this
unexpected news, and tell him that the Government has immediately
removed the commanders of the corvettes Mindello and Alfonso de Albuquerque
from their commands, and will have them court-martialed, so that
those who are shown to be responsible for failing to carry out the
definite and rigorous orders which have been given and repeated by
the Portuguese Government may be punished.
[Document No. 47.]
Petropolis, May 14,
1894. (Received afternoon of
14th.)
I have just received a long note complaining that the Portuguese
Government took the responsibility of asylum granted and did not
hold the refugees, and have received the passports of the personnel
of the legation of Portugal.
[Document No. 48.]
Petropolis, May 14,
1894. (Received morning of
15th.)
Résumé of note: Reminds of promise to hold refugees on Portuguese
territory; that President to answer note will await result of voyage
to Rio Plata; result foreseen was to resume liberty of action and to
be able to enter Rio Grande do Sul. There was lack of vigilance,
aggravating asylum, considered as offense against territorial
sovereignty; history of revolt follows; strange that Commander
Castilho should support capitulation of deserters; that asylum was
granted in front of fire of batteries; that humanitarian principles
are not applicable to barbarous rebels; that the right of asylum is
ill defined; that extradition is not applicable to territory of
fiction against territorial authority; that the proceeding
degenerates into a common crime; that asylum was granted when
besieged; that President makes demand without hopes, but to give
occasion to disapprove of commandant; that from asylum to flight the
Portuguese Government takes the responsibility in spite of
dismissing the commanders; the marshal is obliged with great regret
to suspend diplomatic relations; sends personal passports of
legation of Portugal.
[Document No. 49.]
Petropolis, Rio de
Janeiro, May 14,
1894.
Conde be Paraty: Your communication of
to-day confirmed by Costa Mota, surprised the Government completely,
since nothing else had been communicated to me neither from there
nor from here since the explanations which you gave by order of the
Government in regard to the escape of the refugees and the measures
taken to fulfill the promises made to punish those who were
responsible. Therefore I wish you before you depart to inform me by
telegraph if any cause of which we are ignorant brought about so
unexpected and lamentable a result.
The Portuguese Government is conscious of having proceeded with
scrupulous correctness during the whole pendency of this affair.
