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questions for our country, for the solution of which it is important that your excellency should be prepared; and I have, therefore, received orders from His Majesty the Emperor to declare to your excellency that the imperial government considers that it ought to maintain itself in the most strict neutrality during the war in which those States are unhappily engaged; and in order that neutrality may be preserved, it is fitting that the following determinations be observed:

The Confederate States have no recognized existence; but, having constituted a distinet government de facto, the imperial government cannot consider their naval armaments as acts of piracy, nor refuse them, with the necessary restrictions, the character of belligerents which they have assumed.

In conformity with this, Brazilian subjects are to abstain from all participation and aid in favor of one of the belligerents, and they must not take part in any acts which can be considered as hostile to one of the two parties, and contrary to the obligations of the neutrality.

The exportation of warlike articles from the ports of the empire for the new Confederate States is absolutely prohibited, whether it is intended to be done under the Brazilian flag or that of another nation.

[12] *The same trade in contraband of war must be forbidden to Brazilian ships, although they may be destined for the ports subject to the government of the North American Union.

No ship with the flag of one of the belligerents, and which may be employed in this war, or intended for it, can be provisioned, equipped, or armed in the ports of the empire; the furnishing of victuals and naval provisions indispensable for the continnation of the voyage not being included in this prohibition.

No ship of war or cruiser shall be allowed to enter and remain with prizes in our ports or bays more than twenty-four hours, except in case of forced arrival, and they shall in no way be allowed to dispose of the said prizes, or of objects coming from them. In the execution of these measures, and in the solution of the questions which may arise, your excellency will be guided by the principles of international law, keeping in mind the instructions issued by this ministry on the 18th of May, 1854, retaining the purport of the circular of the 30th of July, 1859, relative to the United States at strife with the Confederate States; and you will communicate to the imperial government any difficulties or extraordinary occurrences that require fresh instructions.

I repeat, &c.

BENVENUTO AUGUSTO DE MAGALHAES TAQUES. To his Excellency the PRESIDENT of the Province of –

Declarations, decrees, or notifications were likewise issued by other maritime powers.

THE SUMTER.

Of the armed ships sent to sea by the Confederate States during the first year of the war, two only, the Sumter and Nashville, entered any port belonging to a European power. It is necessary to state briefly the circumstances which occurred in relation to these vessels.

The Sumter was a steam-ship which had been purchased by the navy department of the government of the Confederate States, was commissioned as a public ship of war in the service of those States, and was commanded by an officer who had previously held a commission in the Navy of the United States. It appears from the message of Mr. Jefferson Davis, dated 29th April, 1861, and hereinbefore referred to, that she had at that date been purchased and manned, and was being actively prepared for sea. She sailed from the Mississippi River on the 30th June, 1861, cruised for six months, and captured seventeen prizes.

In the course of this cruise she entered (in the order herein named) ports within the dominions of the following sovereigns and States, namely, the Queen of Spain, the King of the Netherlands, the republic of Venezuela, the Queen of Great Britain, the Emperor of Brazil, and the Emperor of the French. She obtained coal and supplies in the ports of Cienfuegos, Curaçoa, Paramaribo, Trinidad, and Martinique successively.

At the time of her arrival at Cienfuegos she had with her six prizes, captured since her departure from New Orleans, and these she left

behind her in harbor when she sailed. The Government of the United States complained to the Spanish government of the admission of the Sumter into port, and of her having been permitted to take in coal and water; and demanded that the prizes should be released, on the ground that the capturing vessel was a pirate. The Spanish government did not assent to the demand that the Sumter should be treated as a pirate; but the prizes which she had left in port were set at liberty by order of the captain-general of the island, on the ground that they were proved, on examination, to have been captured within the territorial waters of Cuba under unlawful circumstances.

The Sumter approached the port of St. Anne's, Curaçoa, on the 15th July, hoisted the flag of the Confederate States, and requested permission to enter. The governor of the island withheld this permission until assured that she was not a privateer, the regulations issued by the government of the Netherlands prohibiting the admission of privateers unless in case of distress, but granted it upon receiving from her commander a declaration in writing that the "Sumter was a ship of war duly commissioned by the government of the Confederate States." In accepting this declaration as sufficient, without further proof, he acted upon the unanimous advice of his colonial council. The Sumter remained eight days in port, and took in coal.

With reference to these facts the Government of the United States, on the 15th of August, 1861, addressed to the government of the Netherlands a complaint and a demand for reparation. The latter government answered that it had faithfully fulfilled its duty as a neutral power, and would continue to adhere to it in future. In the dispatch conveying this answer the following propositions (among others) were laid down and affirmed by the government of the Netherlands: [13] *1. According to the principles of the laws of nations, all nations, without exception, may admit vessels of war belonging to a belligerent state to their ports, and accord to them all the favors which constitute an asylum.

2

2. As evidence that the Sumter was not a privateer, the governor of Curaçoa was bound to be satisfied with the word of her commander given in writing, and had no right to demand further proofs.

3. The Sumter was not, however, in fact a privateer, not being the property of private owners. She was a ship of war.

4. It cannot be admitted that all vessels carrying the confederate flag should, as contended by the Government of the United States, be considered as privateers; because the principles of the law of nations, as well as the examples of history, require that the rights of war should be accorded to those states.

5. Much less can these vessels be regarded as pirates, or "engaged,” in the words of the American Secretary of State, "in a piratical expedition against the commerce of the United States." This would be incompatible with neutrality.

Adhering to these principles the government of the Netherlands recognized, at the same time, that it is the duty of a neutral state to take care that vessels of the belligerent parties commit no act of hostility within the limits of its territory, and do not keep watch in the ports of its dominion to attack from them vessels of the enemy; and it informed the Government of the United States that instructions on this head would be sent to the governors of the King's colonial possessions. Subsequently to this correspondence, and on the 19th of August, 1861,

Appendix, vol. ii, p. 725.

2 Ibid., p. 730.

the Sumter was admitted into the port of Paramaribo, in Dutch Guiana, and coaled there, remaining in port eleven days.1

The government of the Netherlands shortly afterwards issued orders to the authorities in its colonial possessions to the effect that no vessel of either belligerent should be allowed to take in more coal than would be sufficient for twenty-four hours' consumption, or to remain in port during a longer period than forty-eight hours. 2

Before arriving at Paramaribo the Sumter had visited Puerto Cabello, in Venezuela, and the British island of Trinidad. She remained in port, at the latter place, during six days, and purchased from private merchants coal and provisions. Her commander had applied for permission to purchase coal from the government stores; but this had been refused by the governor.

With reference to these facts the subjoined correspondence passed between the Government of the United States, through its minister in London (Mr. Adams) and the government of Her Britannic Majesty :3

Mr. Adams to Earl Russell.

LEGATION OF THE UNITED STATES, September 30, 1861. The undersigned, envoy extraordinary and minister plenipotentiary of the United States, regrets to be obliged to inform the right honorable Earl Russell, Her Majesty's principal secretary of state for foreign affairs, that he has been instructed by the President of the United States to prefer a complaint against the authorities of the Island of Trinidad for a violation of Her Majesty's proclamation of neutrality, by giving aid and encouragement to the insurgents of the United States. It appears by an extract from a letter received at the Department of State from a gentleman believed to be worthy of credit, a resident of Trinidad, Mr. Francis Bernard, a copy of which is submitted herewith, that a steam-vessel known as an armed insurgent privateer, called the Sumter, was received on the 30th of July last at that port, and was permitted to remain for six days, during which time she was not only furnished with all necessary supplies for the continuance of her cruise under the sanction of the attorneygeneral, but that Her Majesty's flag was actually hoisted on the government flag-staff in acknowledgment of her arrival.

The undersigned has been directed by his Government to bring this extraordinary proceeding to the attention of Lord Russell, and, in case it shall not be satisfactorily explained, to ask for the adoption of such measures as shall insure, on the part of the authorities of the island, the prevention of all occurrences of the kind during the continuance of the difficulties in America.

The undersigned deems it proper to add, in explanation of the absence of any official representation from Trinidad to substantiate the present complaint, that there was no consul of the United States there at the time of the arrival of the vessel. The undersigned had the honor, a few days since, to apprise Lord Russell of the fact that this deficiency had been since supplied by preferring an application for Her Majesty's exequatar for a new consul, who is already on his way to occupy his post.

The undersigned, &c.
(Signed)

CHARLES FRANCIS ADAMS.

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TRINIDAD, August 7, 1861.

SIR: I beg to inform you that on the 30th ultimo a steam sloop of war (Semmes commauder) carrying a secession flag, five guns, some of a large caliber, and a crew of from 120 to 150 men, sailed boldly into our harbor, and reported herself to the authorities of this island as being on a cruise. She was last from Puerto Cabello; and since she succeeded in getting out of the Mississippi River she has already captured no less than eleven American vessels. I have ascertained the names of some of them, viz: the Joseph Maxwell, Abe Bradford, Minnie Miller, West Wind, of Westerly, with a cargo of sugar from Havana, and Golden Rocket, which was burnt by her off the coast of Cuba.

'Appendix, vol. ii, p. 734.

2 Ibid., p. 737.

3 Ibid., p. 3.

The Sumter landed eight of her prisoners here in a destitute condition; but a contribution has been raised here for their benefit, sufficient to supply their immediate wants, and I will take care that they are provided for until an opportunity offers to ship them to the States.

The Sumter remained here till the 5th instant, and was allowed to supply herself with coals and other necessary outfits. The British flag was hoisted on the government flag-staff for her arrival, and the officers of the British war-vessel Cadmus appeared to be on amicable terms with those of the Sumter. The merchant who supplied the Sumter with coals did it with the consent and approval of our attorneygeneral.

Being a loyal American, I consider it my duty to send you these informations, as there has been no consul of our nation in this island for many months.

I am, &c.,
(Signed)

FRANCIS BERNARD.

Earl Russell to Mr. Adams.1

FOREIGN OFFICE, October 4, 1861.

The undersigned, Her Majesty's principal secretary of state for foreign affairs, has had the honor to receive a complaint from Mr. Adams, envoy extraordinary and minister plenipotentiary of the United States at this court, against the authorities of the Island of Trinidad for a violation of Her Majesty's proclamation of neutrality, by giving aid and encouragement to the insurgents of the United States.

It appears, from the accounts received at the Colonial Office and at the Admiralty, that a vessel bearing a secession flag entered the port of Trinidad on the 30th of July last.

Captain Hillyar, of Her Majesty's ship Cadmus, having sent a boat to ascertain her nationality, the commanding officer showed a commission signed by Mr. Jefferson Davis, calling himself the President of the so-styled Confederate States.

The Sumter, which was the vessel in question, was allowed to stay six days at Trinidad, and to supply herself with coals and provisions; and the attorney-general of the island perceived no illegality in these proceedings.

The law officers of the Crown have reported that the conduct of the governor was in conformity to Her Majesty's proclamation.

No mention is made by the governor of his hoisting the British flag on the government flag-staff; and if he did so, it was probably in order to show the national character of the island, and not in acknowledgment of the arrival of the Sumter.

There does not appear, therefore, any reason to believe that her Majesty's proclamation of neutrality has been violated by the governor of Trinidad, or by the commanding officer of Her Majesty's ship Cadmus.

The undersigned, &c.
(Signed)

RUSSELL.

The Government of the United States instructed Mr. Adams to in form the government of Great Britain "that the President deeply regrets that Lord Russell is altogether unable to give to our complaint a satisfactory solution." The reason alleged for this expression of dissatisfaction was the same which had been previously rejected by the government of the Netherlands; namely, that the Sumter was a piratical vessel, and that her officers and crew were pirates, and that they ought to be treated as such in foreign ports and waters.

Further communications on the subject subsequently passed between the two governments. These communications are stated in the subjoined dispatches, addressed respectively by Her Britannic Majesty's minister at Washington to Her Majesty's secretary of state for foreign affairs, and by the minister of the United States in London to the Secretary of State of the United States:

Lord Lyons to Earl Russell.

WASHINGTON, November 4, 1861.

MY LORD: Mr. Seward spoke to me, the day before yesterday, respecting the admission of the confederate vessel Sumter into British and Dutch ports.

With regard to the Dutch government, Mr. Seward said that he had been obliged to

Appendix, vol. ii, p. 5.

[15] cause very serious remonstrances to be addressed to them, but that he had now been informed that they had given orders that the Southern privateers should not be allowed to remain more than twenty-four hours in a Dutch port. It was true, he said, that it had been declared that these orders had not been issued in deference to the representations of the United States Government, but this was immaterial; so long as the privateers were excluded in practice, he did not care to inquire on what ground that was done.

Mr. Seward then mentioned the reception of the Sumter at Trinidad, and alluded to your lordship's note to Mr. Adams of the 4th of October, on the subject. He said he had been obliged to send immediately instructions to Mr. Adams with regard to that note. He did not tell me the nature of those instructions, but he spoke to me of the affair in a tone of complaint, and dwelt especially on the length of time during which the Sumter had been allowed to remain at Trinidad, and on the supplies which she had obtained there. He said that France and, he thought, all the other powers of Europe, refused to allow privaters to remain for more than twenty-four hours in their ports. He could hardly conceive that England wished to stand alone as the only power which admitted the enemies of the United States without restriction into its harbors. He supposed that the matter could hardly have been presented in this light to Her Majesty's government.

I observed to Mr. Seward that I supposed that in this matter each power had looked back to precedents, and taken the course which had been usual with it on similar occasions in former times. In one point the English rule was, I said, more stringent than that of France and many other powers, for armed vessels were not allowed to carry their prizes into British ports for any time, however short.

Mr. Seward did not pursue the conversation. He merely said that he had wished to mention the matter to me in the hope that I might do something toward getting it satisfactorily settled.

I have, &c., (Signed)

LYONS.

Lord Lyons to Earl Russell.

WASHINGTON, November 9, 1861.

MY LORD: With reference to my dispatch of the 4th instant, I have the honor to inform your lordship that this morning Mr. Seward spoke to me again on the subject of the admission of confederate vessels into British ports. He used very nearly the same language on this as on the former occasion. He seemed, however, to wish now to be understood as requesting me positively to suggest to Her Majesty's government to adopt the rule in this respect which had, he said, been adopted by all the other powers of Europe. He seemed to desire to make this suggestion through me, rather than in a more formal manner through the United States minister in London.

I said to Mr. Seward that Great Britain had, I thought, been the first power to place any restriction upon the admission into her ports of the armed vessels of the belligerents in the present war; and that she had no doubt followed the precedents afforded by her own previous conduct in similar cases. I did not make any difficulty about conveying Mr. Seward's suggestion to your lordship, but I did not express any opinion as to the reception it would meet with.

I have, &c., (Signed)

LYONS.

Mr. Adams to Mr. Seward.

[Extract.]

LEGATION OF THE UNITED STATES,
London, December 20, 1861.

SIR: *

*

I decided to ask

a conference of Lord Russell for the purpose of talking over the substance of your communications to me in dispatches No. 136 and No. 137. It was appointed for yesterday at 3 o'clock, when I enjoyed an opportunity for full and frank conversation.

*

*

On the third point his lordship contested the fact as stated in the dispatch. He recapitulated what the government had done as regards the assistance said to have been rendered to privateers in the colonies. Supplies had been refused by the authorities in all cases. Whatever had been obtained had come from purchases of individuals. The only difference that he could find between the action of this government and that of other nations was that the stay of belligerent vessels was confined by the latter to twenty-four hours. As to that, he said that the omission to insert the same provision in the British orders was by no means owing to unfriendliness to the United States.

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