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Our consuls at Bahia and Pernambuco having exhibited great [278] energy and judgment in the discharge of their duties, in the embarrassing position in which they were placed, I addressed to them each an official letter in reply to their communications, a copy of which, marked 2, is inclosed. All the prisoners, both male and female, were robbed by the pirates, our consul to Cherpoo being the only one who saved a few dollars by throwing them into his boots. Passengers and masters are alike destitute; and being rendered so while under our flag, I think I cannot be wrong in having directed the consuls to care for them, precisely as if the law embraced their case.

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The pirate fleet-for such it has become-now consists of six vesssels, and will very shortly consist of fifty if the pirates can manage to pos sess themselves of the necessary guns to arm their prizes. How far they succeeded in Bahia and Pernambuco I cannot say; but we know that the Alabama had armed the ships Lapwing and and the Florida had armed the Clarence, from this port to Baltimore. There is no difficulty about getting crews, as the foreigners on board our vessels promptly volunteered to serve on board the pirates; one of the conditions being, as Semmes admitted to the ladies landed in Bahia, who sought to recover certain family relics, that his men may plunder and pillage all crews and passengers captured, but must abstain from rape and murder. Thus these steamers are not only pirates themselves, but they assume the right of converting all their prizes into pirates. What commerce can exist under such proceedings, and who is it that reaps the reward?

I inclose herewith, marked No. 3, a letter from an intelligent German gentleman, who came passenger in the Guienne and saw the Mohican at Saint Vincent, and the Florida, Alabama, and Georgia at Pernambuco and Bahia, by which it appears that the Alabama claims to have captured forty-nine vessels, besides the Hatteras, the Florida ten, and Georgia two-sixty-one in all. Semmes, however, is said to claim that the Alabama alone has destroyed sixty-four vessels; and the possession of nearly 200 chronometers, which he displays in his cabin, would appear to sustain the claim; and as our unprotected commerce is just as much in danger from her armed prizes, with one gun, as from the steamers, and as he avows his purpose to convert every fast-sailing prize into an armed pirate, and is actually doing so, the destruction of the fleet, wherever met with, appears to be a duty which overrides all considerations of comity between nations, and respect for neutral waters.

Semmes says he is bound for the Pacific, from which I infer that he is going round the Cape of Good Hope, and into the China Seas; while, probably, the Florida and Georgia will go into the Pacific, all of them first cruising near Saint Helena in the track of our homeward-bound Indiamen.

SUNDAY, May 24, 1863, Hotel d'Etrangers, 6 p. m.

I have just received from the Marquis d'Abrantes a reply to my dispatch, which I inclose herewith, marked No. 4. It is full of the most friendly professions and assurances, and I doubt not it will, in due time, be followed by one disclaiming the acts of the governors of Pernambuco and Bahia, and condemning their conduct. The governor of Pernambuco is an Albuquerque, and belongs to the most powerful and influential family in northern Brazil.

I have, &c.,
(Signed)

J. WATSON WEBB.

Correspondence be

tween United States

minister and BrazilJan government re

[Inclosure 1.]

Mr. Webb to the Marquis d'Abrantes.

LEGATION OF THE UNITED STATES,
Rio de Janeiro, May 21, 1863.

The undersigned, envoy extraordinary and minister plenipotentiary from the United States, has the honor to call the attention of his excellency the Marquis d'Abrantes, councillor to His Imperial Majesty the Emperer, minister and secretary of state for foreign affairs, to a gross breach of neutrality, perspecting reception of petrated, and now being perpetrated, on the part of the representatives in Brazilian ports. of His Majesty's government, at the ports of Pernambuco and Bahia. When the French steamer Guienne left these ports the pirate Florida was lying in Pernambuco, receiving the hospitalities of that port, coaling and taking on board provisions, and undergoing the necessary repairs to enable her to continue her cruise.

confederate Vessels

Complaint breach of neutrality nambuco.

by governor of Per

[279] And what was the openly avowed purpose of such cruise? The destruction of the commerce of the United States, a friendly nation, and one with whom Brazil has close and most amicable relations. Did there exist any doubt of the character of the Florida? Most assuredly not. She was known to the governor of Pernambuco as being the consort of the Alabama, and bearing the same piratical flag; and the Alabama had been declared by the governor to be a corsair, which had violated the sovereignty and neutrality of Brazil by outrages upon the commerce of the United States in Brazilian waters, and therefore ordered to leave a port in the island of Fernando Noronha. And yet, with the knowledge of the piratical character of the Florida and her flag, and in defiance of the protest of the consul of the United States, the governor, in an official communication addressed to the pirate on the 8th of May, conceded to him the right to remain in port twenty-four hours to land prisoners, to supply himself with such coals and provisions, and to make such repairs, as were necessary to enable him to continue his cruise against the commerce of the United States.

On that day the Florida, under such authority from the governor, did land the officers, crew, and passengers of the United States brig Clarence, from the port of Rio Janeiro to Baltimore, in the United States, captured by the pirate two days previously, as known to the governor; and, on the same day, made application to the governor for permission to remain in port four days instead of twenty-four hours. In reply, the governor, in reply to a communication to the pirate, now before the undersigned, dated the 9th of May, informed the applicant that, inasmuch as he represented to him that a compliance with his order to leave in twenty-four hours will compel him to do so in a distressed condition, because the repairs to his engine, necessary to his safety, cannot be completed in that time, and would be illiberal and inhuman and expose him to danger, and Brazil to the consequences; and inasmuch as he, the governor, does not wish to be inhuman or illiberal, or endanger the safety of the pirate, or to lessen his means of defense, or expose him to imminent risks, therefore, believing the representation to have been made in good faith, and that he cannot in safety continue bis cruise (against American commerce bound to Brazil) unless given time to repair his engine, the said governor, representing the sovereignty of Brazil, and recognizing the traitors in rebellion against the United States as belligerents, does accord to the commander of the pirate bearing their flag all the time he asks for repairs, and privilege of taking in such coals and provisions as may place him in a condition to continue his depredations upon the commerce of a friendly power. A grosser breach of neutrality has never come to the knowledge of the undersigned.

Clarence fitted out taken in her sold at

by Florida. Goods

Pernambuco..

There is no difference in the eye of the international law between taking a part or the whole of a prize into a neutral port; and although the Florida did not bring the Clarence into Pernambuco, having fitted her out as a priVateer, yet the fact of bringing in her officers, crew, and passengers, and the goods of which they had robbed her and those on board, was, to all legal intents and purposes, the same as bringing in the captured vessel or vessels,some of which she had burned, and one, at least, armed as a privateer. And the goods so pillaged and robbed from the United States vessels were openly sold and peddled in the streets of Pernambuco; articles known to be worth or to have cost from 400 to 600 milreis selling, as the undersigned is assured, for 15 milreis. And thus Pernambuco becoming, as was justly remarked by a prominent merchant of that place, not an American, a mart for the sale of goods taken by pirates out of American vessels almost within sight of the port; and the pirate captors at that moment lying in the harbor, and receiving the protection and hospitality of the port of Pernambuco, with the full sanction of the government of the province, who is the immediate representative of His Imperial Majesty."

The undersigned doubts not but that all the facts of the case have been officially reported to the government of His Imperial Majesty the Emperor; and also

Alabama

Georgia at Bthis.

and

that it is known to your excellency that both the pirates Alabama and Georgia were in the port of Bahia when the steamer Guienne sailed from there on the 14th instant. The Alabama arrived on the 11th, and the consul of the United States, as it was his duty to do, not only demanded that, as her character was known, and her outrages upon American commerce in Brazilian waters have been proclaimed and acted upon by Brazilian authorities, that all supplies should be refused to her, but that the ship itself should be seized, and held subject to the action of the imperial government for its piracies within Brazilian jurisdiction; and for which Brazil would be responsible were it not that the vessel is a pirate, and belongs to no recognized nationality.

The undersigned, knowing the character of these corsairs, was satisfied that the government of His Imperial Majesty had done all that it was in its power to do when it

removed the commandant of Fernando Noronha from his place, and ordered the [20] pirate to leave its waters, because the government has not the means of cap

If the Alabama is not seized, Brazil

will be held to be Alabama's

turing him. But when the pirate entered the port of Bahia, and placed himself in the power of Brazil, and in a position where he could be seized and made responsible for his piracies upon American vessels within the waters of Brazil, it was the bounden duty of the governor of Bahia to have seized the pirate until the pleasure of the imperial government should be known in the premises. Your excellency will not for a moment deny that, having, by your official acts, and those of the governor of Pernambuco, recognized the fact that this pirate has violated the waters and outraged the sovereignty of Brazil, it is your duty, when opportunity offers, to vindicate your violated sovereignty and by his capture, if possible, remunerate the injury done to American commerce within your waters. And should the pirate come into this port when the ability of Brazil to capture and detain him admits of no question, beyond all doubt the neglect to do so would be not only an unfriendly act toward the United States, but would render Brazil responsible for all and every aggression which he might commit on American commerce after leaving this port.

aggres

responsible for all he sions after leaving Brazilian ports.

The law-officers of the Crown of England gravely decided that the fitting out of this pirate in the port of Liverpool, and the Florida and Georgia in Scotland, on a wellgrounded suspicion that they were intended to prey upon the commerce of a friendly nation, demanded, for the English government, their forcible detention. An order for the Alabama's detention was accordingly issued, but arrived at Liverpool within one hour after she had sailed.

The Government of the United States, therefore, has given notice to the government of England that they will hold England responsible for all the injuries done to American commerce; and the leading statesmen of England, on the floor of the House of Commons, have conceded that it was the duty of the Crown to have captured her on the bare suspicion, apparently well founded; and the law-officers having decided that a case of justifiable suspicion was made out, the government neglected its duty, and cannot plead, in bar of our claim, that it failed in carrying out a good intention.

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The undersigned, therefore, submits to your excellency whether, if the fact be as stated, that the mere suspicion, well grounded, of the purposes of this pirate, rendered it the duty of the English government, according to her statesmen and law-officers, to detain her, what is the duty of Brazil? The Alabama's purposes, and the purposes of her associate pirates, sailing under a flag not recognized by Brazil or any other nation, are no longer subject to suspicion only. They are avowedly and openly freebooters upon American commerce, without any nationality, and they have practiced their calling all along the Brazilian coast, and, in several instances, to the knowledge and just indignation of Brazil, within Brazilian waters; and yet they impudently run into Brazilian ports for protection, and to refit, and render more certain their ability to capture, pillage, burn, and destroy American vessels. At this moment-or, rather, as recently as the 14th instant-it is officially reported to the undersigned that there were no less than 228 persons in Pernambuco and Bahia composing the officers and crews of American ships destroyed by the three pirates now in the harbor of Brazil; and all of these captured individuals, according to law and the decisions of the undersigned, are now being supported at the cost of the Government of the United States. Each and all of the three pirates have landed their prisoners in Brazilian ports, made proclamation that they were captured in American ships, by them destroyed, and then claimed at the hands of Brazil the right to refit for further plunder and depredations upon the unprotected commerce of a friendly nation. With the knowledge of Brazil in regard to the practices of these pirates, would not her responsibility to the United States, to humanity, and the civilization of the age, be far greater than was the responsibility of England in not detaining them on well-grounded suspicion only? Can there be a solitary plea devised, not founded on hostility to the United States and a desire to see its commerce injured, which would justify the government of Brazil in permitting them to refit in her ports, and supplying themselves with provisions and coal?

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!

States minister.

[281] 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 Protest of United 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 government, 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.

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 has 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.

The undersigned does not visit upon the imperial government the conduct of its governors toward the Florida and Georgia, well knowing that it will, seize the Adima, as heretofore, do its duty in the premises. But the case of the Alabama

If Brazil does not

States

the United polled to

is a very different one. She has violated the neutrality and outraged the sovereignty of Brazil, by capturing and burning American vessels in will be comdress to Brazilian waters; and if, when Brazil possesses the ability and the op- ok for re the case portunity offers, she does not take possession of her, assuredly the gov- of the Genertugal. ernment of Brazil assumes the responsibility of her acts, and the United strong in Por

Brazil, sin al Arm

States will be compelled to look for redress to Brazil, as she did to Portugal in [282] the case of the General Armstrong. The privateer General Armstrong was destroyed by a British man-of-war, in 1813, in a Portuguese port. The United States persisted in its demand for redress from Portugal for more than thirty years. It was then referred to a friendly power.

The undersigned alludes to this case to show the right of the United States to demand the capture of the pirate Alabama by Brazil, if possible, as a duty due alike to itself. to the United States, and to humanity and civilization. And he takes this occasion to render to your excellency his cordial respect and confidence and his most distinguished consideration. J. WATSON WEBB.

(Signed)

[Inclosure 2.]

Mr. Webb to the consuls at Bahia and at Pernambuco.

LEGATION OF THE UNITED STATES,
Rio de Janeiro, May 22, 1863.

MY DEAR SIR: Accept my warmest thanks, for myself and in behalf of our country, for the prompt, efficient, and energetic manner in which you have discharged your duty as consul under the trying circumstances to which you have been exposed. Your conduct not only meets my hearty approval, but my decisive commendation, as it assuredly will that of the Government at home.

I have had various interviews with the government, and last evening handed in a dispatch of thirty-two pages, which is to be submitted to a special meeting of the cabinet to-day at 12 o'clock, and I hope in a postscript to this letter to give you the result. It does not become me to interfere with your instructions, or to decide upon the construction of the law; but when the law is silent, as it must of necessity be in a case like the present, which could not be anticipated, somebody must assume the responsibility of legislating temporarily in the premises. The law does not compel you to support the officers and passengers of vessels sunk at sea by pirates, but humanity and the honor of our country does. You will, therefore, in all such cases, continue to do as your own good sense and kind feelings prompt, and consider this your authority for so doing until otherwise instructed from Washington.

Believe me, &c.,
(Signed)

[Inclosure 3.]

Mr. Grebert to Mr. Webb.

[Translation.]

J. WATSON WEBB.

RIO DE JANEIRO, May 21, 1863.

Mr. MINISTER: With pleasure I am ready to give to your excellency knowledge of what I have observed of the secessionist privateers on my recent voyage from Bordeaux to this port on board the French packet Guienne, agreeably to the request with which your excellency has honored me.

In Europe I was in an uncertainty as to where the privateer Alabama and the other privateers were. Until we arrived at St. Vincent I learned nothing more of the Alabama or of the other privateers. On our entering St. Vincent at 7 o'clock in the morning, on the 5th day of this month, we found anchored in that port the North American vessel of war Mohican, and I there gathered information that in the neighboring waters another vessel of war was cruising, supposed to be the Vanderbilt. We were informed at St. Vincent that a few days before our arrival a steamer had appeared in sight of the port, but had immediately disappeared. It is supposed that this steamer must have been a secessionist privateer.

On the 12th day of this month, at 6 o'clock in the morning, we arrived at Pernambuco, and, to our general surprise, found quietly anchored in that port, inside the reef, the privateer Florida, and immediately on the port visit of the officer of customs and other visitors we learned from the authorities that the privateers Florida and Alabama were

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