Afterwards the President having stated to the same consul that he hoped, from his honor and loyalty toward a friendly nation, that he would settle with the commander of the Wachusett, that he should respect the neutrality and sovereignty of the empire, he was answered affirmatively, the consul pledging his word of honor. Things were in this condition, the term of forty-eight hours being to expire at 1 o'clock of the afternoon of the 7th, when about dawn of that day, the commander of the steamer Wachusett, suddenly leaving his anchorage, passed through the Brazilian vessels of war and approached the Florida. On passing across the bows of the Brazilian corvette D. Januaria, he was hailed from on board that he must anchor; but, as he did not attend to this intimation, and continued to approach the Florida, at the same time firing a gun and some musketry, the commander of the naval division of the Empire stationed in those waters sent an officer on board the Wachusett, and informed her commander that the ships of the division and the forts would open fire upon her if she should attack the Florida. The Brazilian officer was not allowed to make fast to the Wachusett, but the officer of the deck hailed him, saying, in reply that he accepted the intimation given, that he would do nothing more, and that he was going to return to his anchorage. The commander of the Brazilian division then thought proper to ratify his intimation by firing a gun, upon which a complete silence followed between the two ships Wachusett and Florida. At the time this was passing, the corvette D. Januaria, on board which the commander of division had hoisted his flag, lay head to flood, the steamer Florida anchored B.B., side by side of her, and quite close to the shore, and between her and the corvette the Wachusett stopped her wheels. The commander of division then observing-notwithstanding the darkness of the night-that the Wachusett, from the position in which she was, kept moving onward and was passing ahead of the corvette, in a course E.B., became convinced that, in fact, she was steering for her anchorage, thus complying with the promise made. But a few moments afterward, perceiving that the Florida was in motion, the commander discovered that the Wachusett was taking her off in tow by means of a long cable. Surprised at such an extraordinary attempt, the commander immediately set about stopping this, and redressing at the same time, as behooved him, the offense thus done to the dignity and sovereignty of the empire. But availing himself of the darkness of the night, and of other circumstances, the commander of the Wachusett succeeded in carrying his prize over the bar, and escaping the just punishment he deserved. The consul, Wilson, preferred to abandon his post, withdrawing on board the Wachu sett. The government of His Majesty, as soon as it had official information of the event, addressed to the legation of the United States at Rio Janeiro a note, in which, giving a succinct exposition of the fact, it declared that it had no hesitation in believing that it would hasten to give to it all proper assurances that the Government of the Union would attend to the just reclamation of the empire as promptly and fully as the gravity of the case demanded. In correspondence with this expectative note the worthy representative of the United States was prompt in sending his reply, in which he declares he is convinced that his Government will give to that of the empire the reparation which is due to it. Such are the facts to which the undersigned has received orders to call the attention of the Hon. William H. Seward, Secretary of State of the United States. The principles of international law which regulate this matter, and in respect of which there is not the least divergence among the most distinguished publicists, are common and known to all. The undersigned would fail to recognize the high intelligence of the Honorable Mr. Seward, if, perchance, he should enter in this respect into fuller developments. He limits himself, then, only to recall a memorable example, in which these principles, invariably sustained by the United States, had entire application. In 1793, the great Washington then being President of the United States, and the illustrious Jefferson Secretary of State, the French frigate l'Embuscade captured the English_ship Grange in Delaware Bay, thus violating the neutrality and the territorial sovereignty of the United States. The American Government remonstrated energetically against this violation, and required from the government of the French Republic not only the immediate delivery of the captured vessel, but also the complete liberation of all the persons found on board. This reclamation was promptly satisfied. Much more grave, certainly, is the occurrence in the port of the province of Bahia, which makes the subject of the present note. By the special circumstances which preceded and attended it, this act has no parallel in the annuals of modern maritime war. The commander of the Wachusett not only gravely offended the territorial immunities of the empire, passing beyond the laws of war by attacking treacherously, during the night, a defenseless ship, whose crew, much reduced, because more than sixty men were on shore with the commander and several officers, reposed unwary beneath the shadow of the protection which the neutrality of the empire guaranteed to them; and so open was the violation, so manifest the offense, that the enlightened American press was almost unanimous in condemnation of the inexcusable proceeding of Commander Collins. On this occasion, reminding the United States, whose antecedents are well known and noted in history by the energetic defense of, and respect for, neutral rights, of those unshaken principles, the undersigned cannot consider the event which occurred at Bahia otherwise than as the indvidual act of the commander of the Wachusett, not authorized or approved by his Government, and that it will consequently give to the government of His Majesty the Emperor the explanations and reparation which, in conformity with international laws, are due to a power which maintains friendly and pacific relations with the United States. The just reclamation of tlfe Imperial government being thus presented, the undersigned awaits the reply of the Honorable Mr. Seward, and, fully confiding in his exalted wisdom, and in the justice of the Government of the United States, he has not even for a moment doubted but that it will be as satisfactory as the incontestable right which aids the empire, and the vast gravity of the offense which was done to it, may require.1 Mr. Seward's answer is remarkable for its haughty tone, and still more as showing the view which the United States Government persisted in taking as to the inadmissibility of the Confederate States to the character of belligerents, notwithstanding that all the great maritime states had agreed throughout, in conformity with principle and precedent, in according to them the status of belligerency : DEPARTMENT OF STATE, I have the honor to acknowledge the receipt of your note, which sets forth the sentiments of the Imperial government of Brazil concerning the capture of the Florida by the United States war-steamer Wachusett in the port of Bahia. You will, of course, explain to your government that, owing to an understanding between you and myself, your note, although it bears the date of the 12th December, was not submitted to me until the 21st instant. Jealousy of foreign intervention in every form, and absolute non-intervention in the domestic affairs of foreign nations, are cardinal principles in the policy of the United States. You have, therefore, justly expected that the President would disavow and regret the proceedings at Bahia. He will suspend Captain Collins, and direct him to appear before a court-martial. The consul at Bahia adimits that he advised and incited the captain, and was active in the proceedings. He will therefore be dismissed. The flag of Brazil will receive from the United States Navy the honor customary in the intercourse of friendly maritime powers. It is, however, not to be understood that this Government admits or gives credit to the charges of falsehood, treachery, and deception which you have brought against the captain and the consul. These charges are denied on the authority of the officers. accused. You will also be pleased to understand that the answer now given to your representation rests exclusively upon the ground that the capture of the Florida was an unauthorized, unlawful, and indefensible exercise of the naval force of the United States within a foreign country, in defiance of its established and duly recognized Govern ment. This Government disallows your assumption that the insurgents of this country are a lawful naval belligerent; and, on the contrary, it maintains that the ascription of that character by the government of Brazil to insurgent citizens of the United States, who have hitherto been, and who still are, destitute of naval forces, ports, and courts, is an act of intervention, in derogation of the law of nations, and unfriendly and wrongful, as it is manifestly injurious to the United States. So, also, this Government disallows your assumption that the Florida belonged to the aforementioned insurgents, and maintains, on the contrary, that that vessel, like the Alabama, was a pirate, belonging to no nation or lawful belligerent, and therefore that the harboring and supplying of these piratical ships and their crews in Brazilian ports were wrongs and injuries for which Brazil justly owes reparation to the United States, as ample as the reparation which she now receives from them. They hope, and confidently expect, this reciprocity in good time, to restore the harmony and friendship which are so essential to the welfare and safety of the two countries. In the positions which I have thus assumed, the imperial government will recognize British Appendix, vol. i, p. 153. an adherence to the rights which have been constantly asserted, and an enduring sense of injuries which have been the subjects of earnest remonstrance by the United States during the last three years. The government of Brazil is again informed that these positions of this Government are no longer deemed open to argument. It does not, however, belong to the captains of ships of war of the United States, or to the commanders of their armies, or to their consuls residing in foreign ports, acting without the authority of Congress, and without even Executive direction, and choosing their own time, manner, and occasion to assert the rights and redress the wrongs of the country. This power can be lawfully exercised only by the Government of the United States. As a member of the family of nations, the United States practice order, not anarchy, as they always prefer lawful proceedings to aggressive violence or retaliation. The United States are happy in being able to believe that Brazil entertains the same sentiments. The authorities at Bahia are understood to have unsuccessfully employed force to overcome the Wachusett and rescue the Florida, and to have continued the chase of the offender beyond the waters of Brazil out upon the high seas. Thus, in the affair at Bahia, subordinate agents without the knowledge of their respective governments, mutually inaugurated an unauthorized, irregular, and unlawful war. In desisting from that war on her part, and in appealing to this Government for redress, Brazil rightly appreciated the character of the United States, and set an example worthy of emulation. The disposition of the captured crew of the Florida is determined upon the principles which I have laid down. Although the crew are enemies of the United States, and, as they contend, enemies of the human race, yet the offenders were, nevertheless, unlawfully brought into the custody of this Government, and therefore they could not lawfully be subjected here to the punishment which they have deserved. Nor could they, being enemies, be allowed to enjoy the protection of the United States. They will, therefore, be set at liberty, to seek a refuge wheresoever they may find it, with the hazard of recapture when beyond the jurisdiction of this Government. The Florida was brought into American waters, and was anchored, under naval surveillance and protection, at Hampton Roads. While awaiting the representation of the Brazilian government, on the 28th November, she sunk, owing to a leak which could not be seasonably stopped. The leak was at first represented to have been caused, or at least increased, by a collision with a war transport. Orders were immediately given to ascertain the manner and circumstances of the occurrence. It seemed to affect the Army and the Navy. A naval court of inquiry and also a military court of inquiry were charged with the investigation. The naval court has submitted its report, and a copy thereof is herewith communicated. The military court is yet engaged. So soon as its labors shall have ended, the result will be made known to your government. In the mean time it is assumed that the loss of the Florida was a consequence of some unforeseen accident, which cast no responsibility upon the United States.1 When this correspondence, together with that which passed on the occasion of the Sumter, the Alabama and the Florida, in 1862 and 1863, and which I have already referred to, is borne in mind, it is somewhat surprising that Brazil should be held up for our special admiration in contrast to the defective neutrality of Great Britain. Our worthy Brazilian colleague will, I doubt not, appreciate the compliment thus paid to the country of which he is the distinguished representative. The Alabama. CASE OF THE ALABAMA. I proceed to consider the facts relating to the Alabama, which, I am glad to say, can be brought into a much shorter compass than those relating to the Florida. We are now in possession of the whole history of this vessel, partly through the published journal of her commander; but, in deciding whether Her Majesty's government were wanting in due diligence in not seizing her, the tribunal can look only to the facts as they existed at the time of her escape, and the amount of available evidence then forthcoming to justify and support her seizure. There is no doubt that, from the beginning, the Alabama was a vessel intended for war, and constructed and adapted accordingly, although, as is stated in the case of the United States, "she was designed as a 1 British Appendix, vol. i, p. 155. We now Scourge of the enemy's commerce rather than for battle." know that from the beginning she was intended for the confederate service. The fact that she was ordered by Bullock expressly for the Confederate States is, no doubt, true; but, at the time in question, this was wholly unknown to the British authorities. Commenced in October or November, 1861, by Messrs. Laird, the well-known ship-builders of Liverpool, the vessel, known then only by her number, (290,) was launched on the 15th May, 1862. She had already attracted the attention of Mr. Dudley, whom we find writing about her to Mr. Secretary Seward on the day following her launch: In a previous dispatch I mentioned the fact that Messrs. Laird & Co. were bui'ding a gun-boat at Birkenhead, which, I believe, was intended for the confederacy. This boat was launched yesterday; she will be, when finished, a very superior boat. He then gives a a description of her, and winds up by saying: There is no doubt but what she is intended for the rebels. This was admitted by one of the leading workmen in the yard; he said she was to be the sister to the Oreto, and for the same purpose and service.2 After this, Mr. Dudley remains quiet for a month; but, on the 18th of June, writes again: The gun-boat building for the confederates by Messrs. Laird will soon be completed She made a trial-trip last Thursday. None of the press were invited. No one was admitted on board without a ticket. They were issued only to the persons actively engaged in aiding the rebellion. All the active persons and houses engaged in fitting out ships, &c., were represented on her. The New York papers have published articles stating that information of ships fitting out at this port is sent to our Government. These pieces have been copied in the newspapers here, and the effect has been to make the people much more careful and guarded. It is now difficult to obtain information about this vessel. They will not admit any one, except those connected with the yard, to go in. After giving a full description of the vesssel, he adds: No pains or expense has been spared in her construction, and, when finished, she will be a very superior boat of her class. Indeed, they say there will be no better afloat. Her trial-trip was entirely satisfactory. She will be finished and ready for her armament in about ten days or two weeks. I have not yet learned what it is to be. The platforms for the guns that are being made are such that the gun can be used on both sides of the vessel.3 The Alabama, at On the 21st of June, Mr. Dudley, who had been to London to see Mr. Adams, the United States minister, on the subject of this vessel, wrote, on the suggestion of the latter, a letter to be Liverpool. forwarded by him to Her Majesty's government. Writing to Mr. Seward on the 27th of June, Mr. Dudley says: Being entirely satisfied in my own mind that this vessel was intended as a privateer for the rebel government, and that it was my duty to use every effort to prevent her sailing, I went up to London to confer with Mr. Adams. At his instance I drew up and addressed to him a note, a copy of which is inclosed, marked No. 1. He inclosed a copy of this, accompanied with an energetic note from himself to Earl Russell. Mr. Adams thinks there is a better feeling on the part of the Government toward us, and that they will now do what they can to conciliate us, and will stop the fitting out of this vessel. It is to be hoped that they will do it, as she would do much mischief to our commerce if she got out in some quarter distant from our cruisers. One of the Lairds, an active member of this firm, is a member of Parliament. This vessel is ready for sea, and if not prevented will sail before the end of next week. Captain Bullock will command her. She will enter upon the business as a privateer at once, and not attempt to run into a Southern port. It is said that her armament will consist of eleven guns, all of heavy caliber. Mr. Dudley's letter to Mr. Adams, under date of the 21st of June, was as follows: The gun-boat now being built by the Messrs. Laird & Co., at Birkenhead, opposite Liverpool, and which I mentioned to you in a previous dispatch, is intended for the socalled confederate government in the Southern States. The evidence I have is entirely conclusive to my mind. I do not think there is the least room for doubt about it. Beaufort and Caddy, two of the officers from the privateer Sumter, stated that this vessel was being built for the Confederate States. The foreman in Messrs. Laird's yard says she is the sister to the gun-boat Oreto, and has been built for the same parties and for the same purpose; when pressed for a further explanation he stated that she was to be a privateer for the Southern government in the United States." The captain and officers of the steamer Julia Usher, now at Liverpool, and which is loaded to run the blockade, state that this gun-boat is for the confederates, and is to be commanded by Captain Bullock. 66 The strictest watch is kept over this vessel; no person except those immediately engaged upon her is admitted into the yard. On the occasion of the trial trip made last Thursday week, no one was admitted without a pass, and these passes were issued to but few persons, and those who are known here as active secessionists engaged in sending aid and relief to the rebels. I understand that her armament is to consist of eleven guns, and that she is to enter at once, as soon as she leaves this port, upon her business as a privateer. The vessel is very nearly completed; she has had her first trial trip. This trial was successful, and entirely satisfactory to the persons who are superintending her construction. She will be finished in nine or ten days. * * * When completed and armed she will be a most formidable and dangerous craft; and, if not prevented from going to sea, will do much mischief to our commerce. The persons engaged in her construction say that no better vessel of her class was ever built. Transmitting this letter to Earl Russell on the 23d of June, Mr. Adams, after adverting to the affair of the Oreto, goes on to say: I am now under the painful necessity of apprising your lordship that a new and still more powerful war-steamer is nearly ready for departure from the port of Liverpool on the same errand. This vessel has been built and launched from the dock-yard of persons, one of whom is now sitting as a member of the House of Commons, and is fitting out for the especial and manifest object of carrying on hostilities by sea. It is about to be commanded by one of the insurgent agents, the same who sailed in the Oreto. The parties engaged in the enterprise are persons well known at Liverpool to be agents and officers of the insurgents in the United States, the nature and extent of whose labors are well explained in the copy of an intercepted letter of one of them which I received from my Government some days ago, and which I had the honor to place in your lordship's hands on Thursday last. I now ask permission to transmit, for your consideration, a letter addressed to me by the consul of the United States at Liverpool, in confirmation of the statements here submitted, and to solicit such action as may tend either to stop the projected expedition, or to establish the fact that its purpose is not inimical to the people of the United States. The evidence, which was conclusive to Mr. Dudley's mind, and left no doubt on it, and on which Mr. Adams asked for the seizure of the ves sel, was wholly insufficient to justify such a proceeding. The statements of the two officers of the Sumter, and those of the captain and officers of the Julia Usher, then leaving Liverpool in order to run the blockade, and which Mr. Dudley could only produce at second hand, would have been unavailable in an English court of justice. The unsupported statement of a single workman from the ship-builders' yard, even if such workman should be willing to reproduce it in the shape of evidence on oath, would have fallen short of what probably would have been deemed judicially requisite. The assertion of Mr. Adams, "that the parties engaged in the enterprise were well known at Liverpool to be agents and officers of the insurgents," carried the case no further. It amounted only to a statement of general notoriety. A fact does not the less require to be proved by positive evidence because it may be generally reported. 1 Appendix to British Case, vol. i, p. 179. 2 British Appendix, vol. i, p. 177. |