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[109] *On the 11th day of May, 1863, the Alabama arrived at Bahia, having previously touched at the Brazilian island of Fernando de Noronha. About the same time the Florida and Georgia, confederate war steamers, were likewise in Brazilian ports, where they were permitted to purchase coal and provisions and to refit.

The United States minister at Rio de Janeiro hereupon wrote in very warm terms to the Brazilian minister of foreign affairs, arguing that all the three vessels were piratical, and should be treated as such; affirming further that the Alabama, while at Fernando de Noronha, had violated the neutrality of Brazil by making prize of United States vessels within the territorial waters of the empire; insisting that it was the duty of the Emperor's government to capture her; and threatening that if this were not done the Brazilian government should be held resposible by the Government of the United States. In a dispatch dated the 21st May, 1863, he wrote as follows:1

The Georgia lands prisoners avowedly taken from a captured American ship, and asks permission of the governor of Bahia to coal and buy provisions, and the permission is cordially granted.

The Florida lands her prisoners, officers, crews, and passengers of American vessels captured and burned, and not only asks and receives permission to coal and purchase provisions, but further asks to be allowed whatever time is necessary to repair her engine and refit for her work of destruction; and in defiance of the solemn and most earnest protest of the consul of the United States, this privilege is accorded to her by the governor of Pernambuco, from a desire not to diminish his means of defense and security! The Alabama goes into Bahia, and does not even ask permission to remain. She arrived on the 11th and was still there when the Guienne sailed on the 14th. The consul of the United States protested against her presence, and demanded that she should be seized and held subject to the orders of the Brazilian government for having destroyed American property in Brazilian waters, for which the Government of the United States will hold Brazil responsible, if, now that the opportunity presents, the authorities do not vindicate the sovereignty of Brazil and capture the pirate. The governor of Bahia sends to the United States consul the communication of the governor of Pernambuco to the captain of the pirate, complaining of his piracies, charging him with a violation of Brazilian sovereignty, and ordering him, in consequence of such disgraceful conduct, to leave the waters of Brazil within twenty-four hours. The governor of Bahia thus demonstrates that he knows the piratical character of this vessel, and is familiar with her violation of the sovereignty of Brazil by destroying American vessels within the waters of that empire. He knows, too, that the imperial gov ernment, by its acts, had proclaimed this pirate guilty of violations of its sovereignty, and ordered him to leave their port of Fernando Noronha; and yet he deliberately permits him to enter the port of Bahia, refuses to regard the protest of our consul, and, at the last accounts, had harbored him four days without pretending that his presence was not acceptable!

Thus, at this moment, the ports of Brazil are made harbors of refuge and places of resort and departure for three piratical vessels, avowedly designed to prey upon the commerce of the United States. The waters of Brazil are violated with impunity in this piratical work, and after the imperial government had admitted and declared its indignation at such violation of sovereignty, the guilty party is received with hospitality and friendship by the governor of Bahia, and instead of being captured and imprisoned, and his vessel detained, he is fêted, and supplied with the necessary provisions and coal to enable him to continue his depredations upon American commerce. The wharves and streets of Bahia and Pernambuco have been for weeks past swarmed with American sailors and passengers from merchantmen trading with Brazil, which have been captured, and the persons on board robbed by the pirates of the Alabama, Florida, and Georgia, and they have been compelled, in the ports of a friendly nation, to witness their clothing and jewelry, and even family relics, sold on the wharves and in the streets of Bahia and Pernambuco, by their piratical captors, at a tenth of their value; while the piratical vessels and all on board were received and treated as friends, and supplied with the necessary materials to continue their nefarious practices. The scenes which history informs us were rife in the seventeenth century, in the islands of the West Indies, are now being enacted in this the nineteenth century, in the ports of Brazil, and that through no fault of the imperial government-which has already done its whole duty as rapidly as circumstances have permitted-but because the governors of Pernambuco and Bahia, in their sympathy with piracy and pirates, have neglected their duty to Brazil, and brought discredit upon the civilization of the age.

'Appendix, vol. i, p. 280.

Your excellency is aware that the facts in connection with the presence of these piratical vessels in the ports of Brazil are even stronger than in this hasty communication they are presented; and, therefore, the undersigned will not for a moment doubt but the imperial government will promptly visit upon the offending governors the punishment they have so richly merited. But it appears to the undersigned that the government of Brazil bas still another duty to perform, itself, to the Government of the United States, to humanity, and to the civilization of the age, and that is the capture of the Alabama whenever she enters a Brazilian harbor. That piratical vessel has violated the sovereignty of Brazil by destroying the vessels of a friendly nation within the waters of the empire. The government of Brazil, by its acts, has proclaimed this fact; and, most assuredly, if, when it has the power to do so, it does not capture and detain the offender, it makes itself a party to his acts, and compels the Government of the United States not only to look to Brazil for compensation for injuries done to its commerce within its waters, but also to hold Brazil responsible for permitting this pirate to proceed in his depredations upon American commerce.

[110] *The undersigned does not visit upon the imperial government the conduct of its governors toward the Florida and Georgia, well knowing that it will, as heretofore, do its duty in the premises. But the case of the Alabama is a very different

one.

She has violated the neutrality and outraged the sovereignty of Brazil, by capturing and burning American vessels in Brazilian waters; and if, when Brazil possess the ability, and the opportunity offers, she does not take possession of her, assuredly the government of Brazil assumes the responsibility of her acts, and the United States will be compelled to look for redress to Brazil, as she did to Portugal in the case of the General Armstrong.

The course taken by the United States minister was approved by his Government.

The minister of foreign affairs for the empire of Brazil replied as follows to the complaints of the minister of the United States:1

The Marquis d'Abrantes to Mr. Webb.

[Translation. |

MINISTRY OF FOREIGN AFFAIRS,

Rio de Janeiro, May 23, 1863.

I hasten to acknowledge the reception of the note which, under date of the 21st instant, Mr. James Watson Webb, envoy extraordinary and minister plenipotentiary of the United States at this court, has done me the honor to address to me, with a view of calling my attention to a serious violation of neutrality which has been perpetrated, and is now being perpetrated, by two representatives of the imperial government in the ports of Pernambuco and Bahia.

Mr. Webb, in referring to the proceedings of the presidents of said provinces toward the steamers of the Confederate States which come into their ports, accuses said presidents, and complains of their having afforded hospitality to those steamers, and of having permitted them to make repairs, to receive provisions, and to laud merchandise of vessels which they had captured.

Mr. Webb bases his complaints on a series of acts which he enumerates, and which he characterizes as violative of the neutrality which the government of His Majesty the Emperor imposes on itself in the deplorable contest of the American Union.

The affair in question is undoubtedly grave and important, and the imperial gov ernment gives to the authorized language of Mr. Webb all the consideration which is due to it.

But for this very reason, and Mr. Webb will certainly acknowledge it, the imperial cabinet is under the unavoidable necessity of proceeding in such a delicate matter with the greatest discretion and prudence, in order to observe religiously the position which it has assumed since the manifestation of the first events which tended to the result of a division of the United States.

The position to which I allude Mr. Webb perfectly understands, as he also understands the principles on which it rests, since they were laid down in a circular which was issued by the imperial government to its delegates in the provinces, under date of the 1st of August, 1861.

Conforming to the rules generally admitted among civilized nations, the imperial government in that circular prescribes the practical mode of rendering effective the neutrality which it imposes on itself.

Without at present confirming or denying the acts as set forth by Mr. Webb, and without entering into an appreciation of the observations with which he accompanies the narration of them, what I can at once most positively declare to him is, that the

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government of His Majesty the Emperor is firmly resolved to maintain, and to cause to be respected, the neutrality, in the terms in which it has declared it assumed it, and what is important to declare, that it is not disposed to allow this neutrality to be violated in any way by those interested in the contest, and still less by the delegates of the government itself.

Of the sincerity of this declaration Mr. Webb has an indisputable proof in my note of the 7th instant relative to the steamer Alabama, of the Confederate States, as in it I voluntarily hastened to bring to the knowledge of Mr. Webb not only the official communications which the imperial government has received in regard to the acts committed at Pernambuco by that steamer, but also the resolutions adopted by the government to approve entirely of the proceedings on that occasion of the president referred tó, and to resort to the necessary measures to repress the abuses of the captain of the Alabama, and cause the neutrality of the empire to be religiously observed.

Therefore Mr. Webb, certain as he must be of the intentions of the imperial government, and of all the respect which this government pays to his word, will assuredly not be surprised that, before coming to a final decision on the important acts which form the subject of the note with which I am now occupied, the imperial government should hear what their delegates in the provinces have to relate, and should strive scrupulously to verify their exactness.

By the French packet which leaves this port on the 25th instant, the imperial government sends the most positive and conclusive orders to the presidents of Bahia and Pernambuco that, without loss of time, they will circumstantially report in regard to each of the acts alleged in the note of Mr. Webb, of which he gives to them full information.

And, as soon as the reports referred to shall arrive, Mr. Webb may rely that the imperial government will not hesitate to put forth its hand to the means necessary to render effective the neutrality which it imposes on itself, provided it has been violated, and to leave beyond all doubt the fairness of its proceeding.

Flattering myself that this brief answer will tranquilize Mr. Webb, I profit by the occasion, &c.,

(Signed)

MARQUIS D'ABRANTES.

[111] *The government of Brazil in this note adhered to the position which it had assumed at the commencement of the war by its circular of 1st August, 1861. The circular contained the following passage:1

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.

It being alleged, however, and (as it appears) proved, that the Alabama had made prizes within the territorial waters of the island of Fernando de Noronha, and that the governor of that island had taken no steps to prevent this or protest against it, he was deprived of his office by the president of the province; and this act was approved by the Brazilian government. The Alabama remained in the port of Balia for eight or nine days.

Some further correspondence passed between Mr. Webb and the Brazilian minister of foreign affairs, in the course of which the latter vindicated the conduct of the presidents of the provinces of Pernambuco and Bahia, and declared that, since Brazil had orignally recognized the Confederate States as belligerents, and had not withdrawn that recognition, and the Florida, Georgia, and Alabama bore the flag and commission of those States, these vessels had been rightly treated as belligerent vessels of war. He informed Mr. Webb, however, that since the Alabama appeared to have violated the neutrality of Brazil by using Rata Island as a base of hostile operations, she would not in future be admitted into any Brazilian port.2

On or about the 29th July, 1863, the Alabama arrived at Saldanha Bay, on the southwest coast of Africa, and in the vicinity of Cape Town. The consul of the United States at Cape Town, on the 4th August,

1

1 Appendix, vol. i, p. 284.

2 Ibid., pp. 288-300.

1863, addressed the following letter to Sir Philip Wodehouse, governor of the Cape Colony:1

UNITED STATES CONSULATE,
Cape Town, August 4, 1863.

SIR: From reliable information received by me, and which you are also doubtless in possession of, a war-steamer called the Alabama is now in Saldanha Bay being painted, discharging prisoners of war, &c.

The vessel in question was built in England, to prey upon the commerce of the United States of America, and escaped therefrom while on her trial trip, forfeiting bonds of £20,000, which the British government exacted under the foreign-enlistment act.

Now, as your government has a treaty of amity and commerce with the United States, and has not recognized the persons in revolt against the United States as a government at all, the vessel alluded to should be at once seized and sent to England, from whence she clandestinely escaped. Assuming that the British government was sincere in exacting the bonds, you have doubtless been instructed to send her home to England, where she belongs. But if, from some oversight, you have not received such instructions, and you decline the responsibility of making the seizure, I would most respectfully protest against the vessel remaining in any port of the colony another day. She has been at Saldanha Bay four [six] days already, and a week previously on the coast, and has forfeited all right to remain an hour longer by this breach of neutrality. Painting a ship does not come under the head of "necessary repairs," and is no proof that she is unseaworthy; and to allow her to visit other ports after she has set the Queen's proclamation of neutrality at defiance, would not be regarded as in accordance with the spirit and purpose of that document.

Yours, &c.,
(Signed)

His Excellency SIR PHILIP E§WODEHOUSE.

WALTER GRAHAM,
United States Consul.

The statement in this letter that bonds had been exacted and forfeited was entirely erroneous. No such bonds had been given or forfeited, nor could they have been required by British law. The consul's letter was answered as follows: 2

COLONIAL OFFICE, August 5, 1863.

SIR: I am directed by the governor to acknowledge the receipt of your letter of yesterday's date, relative to the Alabama.

His excellency has no instructions, neither has he any authority to seize or detain that vessel; and he desires me to acquaint you that he has received a letter from the commander, date the 1st instant, stating that repairs were in progress, and as soon as they were completed he intended to go to sea. He further announces his intention of respecting strictly the neutrality of the British government.

The course which Captain Semmes here proposes to take is, in the governor's opimon, in conformity with the instructions he has himself received relative to ships of [112] war and privateers belonging to the United States and the States calling themselves the Confederate States of America visiting British ports.

The reports received from Saldanha Bay induce the governor to believe that the vessel will leave that harbor as soon as her repairs are completed; but he will, immediately on receiving intelligence to the contrary, take the necessary steps for enforcing the observance of the rules laid down by Her Majesty's government.

I have, &c.,

(Signed)

L. ADAMSON,
For the Colonial Secretary.

The facts which occurred, and the questions which arose, while the Alabama remained within the limits of the Cape Colony, are stated in the following dispatch, addressed by the governor to Her Majesty's secretary of state for the colonies:3

Governor Sir P. Wodehouse to the Duke of Newcastle.

[Extract.}

GOVERNMENT HOUSE,
Cape Town, August 19, 1863.

I beg to take this opportunity of making your grace acquainted with what has occurred here in connection with the visit of the Confederate States steamer Alabama.

'Appendix, vol. i, p. 300.

* Ibid., p. 301.

* Ibid., p. 312.

On Tuesday the 14th instant I received a letter from the commander of that vessel,. dated the 1st August, at Saldanha Bay, announcing his having entered that bay with a view to effecting certain repairs, and stating that he would put to sea as soon as they were completed, and would strictly respect our neutrality.

When this intelligence was received the United States consul called on me to seize her, or at any rate to send her away instantly; but as the vessel which brought the news reported that the Alabama was coming inmediately to Table Bay, I replied that I could not seize her, but would take care to enforce the observance of the neutral regulations.

On the next day, about noon, it was reported from the signal station that the Alabama was steering for Table Bay from the north, and that a Federal bark was coming in from the westward; and soon after, that the latter had been captured and put about. A little after 2 p. m. the United States cousul called to state that he had seen the capture effected within British waters; when I told him he must make his statement in writing, and an investigation should be made. I also, by telegram, immediately requested the naval commander-in-chief to send a ship of war from Simon's Bay. The Alabama, leaving her prize outside, anchored in the bay at 3.30 p. m., when Captain Semmes wrote to me that he wanted supplies and repairs, as well as permission to land thirty-three prisoners. After communicating with the United States consul, I authorized the latter, and called upon him to state the nature and extent of his wants, that I might be enabled to judge of the time he ought to remain in port. The same afternoon he promised to send the next morning a list of the stores needed, and announced his intention of proceeding with all dispatch to Simon's Bay to effect his repairs there. The next morning (6th August) the paymaster called on me with the merchant who was to furnish the supplies, and I granted him leave to stay till noon of the 7th.

On the night of the 5th Her Majesty's ship Valorous had come round from Simon's Bay. During the night of the 6th the weather became unfavorable; a vessel was wrecked in the bay, and a heavy sea prevented the Alabama from receiving her supplies by the time arranged. On the morning of the 8th, Captain Forsyth, of the Valorons, and the port-captain, by my desire, pressed on Captain Semmes the necessity for his leaving the port without any unnecessary delay; when he pleaded the continued heavy sea and the absence of his cooking apparatus, which had been sent on shore for repairs and had not been returned by the tradesman at the time appointed, and intimated his own anxiety to get away. Between 6 and 7 a. m. on Sunday the 9th he sailed, and on his way round to Simon's Bay captured another vessel, but, on finding that she was in neutral waters, immediately released her.

In the mean time the United States consul had, on the 5th August, addressed to me a written statement, that the Federal bark Sea Bride had been taken "about four miles from the nearest land," and "already in British waters;" on which I promised immediate inquiry. The next day the consul repeated his protest, supporting it by an affidavit of the master of the prize, which he held to show that she had been taken about two miles and a half from the land; and the agent for the United States underwriters, on the same day, made a similar protest. On the 7th the consul represented that the prize had, on the previous day, been brought within one mile and a half of the lighthouse, which he considered as much a violation of the neutrality as if she had been there captured, and asked me to have the prize-crew taken out, and replaced by one from the Valorous, which I declined.

I had, during this period, been seeking for authentic information as to the real circumstances of the capture, more particularly with reference to the actual distance from the shore, and obtained, through the acting attorney-general, statements from the keeper of the Green Point light-house, (this was supported by the collector of customs,) from the signalman at the station on the Lion's Rump, and from an experienced boatman who was passing between the shore and the vessels at the time. Captain Forsyth, of the Valorons, also made inquiries of the captain of the Alabama, and of the portcaptain, and made known the result to me; and from all these statements I came to the conclusion that the vessels were not less than four miles distant from land; and on the 8th I communicated to the United States consul that the capture could not, in my opinion, be held to be illegal by reason of the place at which it was effected. [113] *In his reply of the 10th, the consul endeavored to show how indefensible my decision must be, if, in these days of improved artillery, I rested it on the fact of the vessels having been only three miles from land. This passage is, I think, of considerable importance, as involving an indirect admission that they were not within three miles at the time of capture; and I hope your grace will concur in my view that it was not my duty to go beyond what I found to be the distance clearly established by past decisions under international law.

An important question has arisen in connection with the Alabama, on which it is. very desirable that I should, as soon as practicable, be made acquainted with the views of Her Majesty's government. Captain Semmes had mentioned, after his arrival in port, that he had left outside one of his prizes previously taken, the Tuscaloosa, which he had equipped and fitted as a tender, and had ordered to meet him in Simon's

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