to hesitate, as it appears to the undersigned, to declare by general proclamation, as a general principle and rule, that her ports are no longer open to privateers or their prizes.

This is the extent of the present request of the undersigned. He does not ask that Portugal shall make any particular application of the general rule to the peculiar and unhappy state of things now existing in the United States, nor that any unnecessary notice or cognizance should be taken of the disturbed condition of domestic affairs in the United States. Indeed, the government of the United States would not view with satisfaction any such superfluous and unnecessary expression of views or sentiments by any foreign power in regard to a state of things purely domestic, local, and temporary, to which a satisfactory termination will soon be placed by the ample power of the United States government. On the contrary, as the undersigned took occasion to assure his excellency M. d'Avila, at the personal interview referred to, any declaration which recognized the existence, even by implication, of a pretended organization in the United States, independent of the government, which alone has the power to make treaties, and to conduct diplomatic intercourse, and the authority of which cannot be questioned, would be considered as a most unfriendly act.

As little as the government of the United States would pretend to interfere in any analogous question that might possibly arise between the gov ernment of his most faithful Majesty and any of the provinces of his kingdom, can the United States be disposed to view with satisfaction any such expression as that suggested on the part of his or any foreign government. At the same time it is manifest that questions of the most embarrassing and even dangerous character are, at any moment, liable to occur, if unlawful and piratical privateers, with unlawful prizes, should make their appearance in the waters of Portugal or her colonies, and it is with a view to the amicable anticipation of such possible contingencies that the undersigned has requested, and now repeats the request, that the government of his most faithful Majesty should simply carry out, to its natural and necessary conse quence and application, the principle of the declaration of Paris above referred to, as having been fully acceded to by the enlightened government of his most faithful Majesty.

The undersigned begs to add the expression of his hopes that in advance of the issue of the proclamation, which, under these circumstances, he believes and expects will be issued at the earliest convenient day by his most faithful Majesty, the undersigned may be favored with an opportunity of seeing the proposed terms of the same, in order that, by means of frank interchange of views, there may be the more perfect certainty of such a friendly and reciprocally satisfactory harmony of views between the two governments as shall correspond to the sentiments already fully expressed by the undersigned on behalf of the President of the United States, and most satisfactorily and cordially responded to by his most faithful Majesty. In conclusion, the undersigned respectfully asks that this subject, in view of its importance and possible complications, may be brought to the early notice of his most faithful Majesty, so as to preclude the happening of events which might involve grave consequences, to which the interests and good will of both nations are alike opposed. He appreciates the reasons which have been assigned for the delay, since the subject was first presented by his immediate predecessor, in a note to his excellency M. d'Avila, dated on the 2d of July; but urgent considerations have recently arisen which require the undersigned to submit this request on behalf of the government of the United States.

The undersigned avails himself of this occasion to renew the assurances of his most distinguished consideration.

JAMES E. HARVEY.

No. 8.]

Mr. Harvey to Mr. Seward.

LEGATION OF THE UNITED STATES,
Lisbon, July 30, 1861.

SIR: I received a note from Mr. d'Avila, the minister of foreign affairs, yesterday, requesting an interview with me at 4 o'clock. I called at the foreign office at the appointed hour, and he immediately presented the original draft, in Portuguese, of a proposed proclamation, of which I enclose a translated copy, marked No. 2. After hearing it read and reduced into English, I expressed my acceptance of its general scope and spirit, but expressly demurred to the declaration at the end of article 2, by which armed vessels are placed in the same category as privateers in regard to prizes. Although I knew it was of no practical importance to the United States under present circumstances, it was easy to foresee that in the event of war with England or France, and with their ability to blockade our ports, that prizes taken by American ships-of-war would be thus excluded from Portugal and her possessions. Hence my objection to that point. I told Mr. d'Avila that it went beyond the treaty of Paris, upon which the proclamation was professedly predicated, and that it did what I had sought to avoid by introducing indirectly our domestic question. He said his object was to exclude the prizes of vessels-of-war of the so-called Confederate States, in case they should create a navy, and thus to guard against any future complication. To this suggestion I answered that, as we were not dealing with supposi titious or hypothetical cases, it was necessary to adhere to the practical question, and, as we had stated, on the basis of the declaration of Paris in regard to privateering and his own preamble set out with that statement, the introduction of any extraneous matter would be not only irrelevant, but likely to defeat the object which both sides alike professed to have in view. He did not respond to this suggestion, but agreed to let me take the rough draft, in order that I might submit whatever observations might occur to me as appropriate.

I prepared the accompanying note (marked No. 1) this morning, and sent it to Mr. d'Avila an hour ago.

There are two councils before which such questions are considered; first, the council of ministers or the cabinet; and second, the council of state, which is a larger body, and includes the cabinet and other distinguished persons. I understood Mr. d'Avila to say that the draft of the proclamation had been laid before the former, and approved by them, and that my proposed amendment must, therefore, be presented at another meeting. I have reason to believe that my note of Saturday precipitated this action, which, in a country where diplomacy is proverbially slow, exhibits unusual promptitude.

I am, sir, very respectfully, your obedient servant,

Hon. W. H. SEWARD,

Secretary of State, Washington City.

JAMES E. HARVEY.

No. 1.

LEGATION OF THE UNITED STATES,

July 30, 1861.

The undersigned presents his most respectful compliments to his excellency M. d'Avila, and referring to the conversation he had the honor to have with his excellency yesterday, and repeating his thanks for his excellency's courtesy in showing him the draft of the proclamation contemplated by the government of his most faithful Majesty, as a proper consequence and application of the principles adopted by Portugal by her adhesion to the declaration of Paris of April, 1856, he begs leave to submit the following observations to his excellency's enlightened consideration:

The declaration of Paris abolished privateering. It would seem to follow as a necessary logical consequence to all powers acceding to the same, that under no circumstances (except those of force, majeure, and brief, indispensa ble hospitality, in view of the laws of humanity) ought their ports to be open to the admission of privateers or their prizes. So far, then, as regards privateers and their prizes, the undersigned sees nothing but what he must approve in the draft of the proclamation referred to.

It

But the declaration of Paris did not go further, and change the established maritime law of the world in regard to the legality of the capture of prizes by the regular men-of-war of the naval forces whose fleets roam the ocean. Such prizes have always been deemed legitimate, and still remain so. is no application of the principles of the declaration of Paris to exclude such regular and lawful prizes, made by the regular vessels of one nation, from the ports of a friendly nation. In this respect the words, “on por embarcacoes annadas," at the end of article 2, appear not only to go much beyond the principles of the declaration referred to, but even to be most unnecessarily introduced into a proclamation avowedly designed for the mere execution and practical application of the principles of that declaration. To introduce them at this moment in such a proclamation would be deemed by the government of the United States not only as a gratuitous deviation from the terms of the preamble to the same proclamation, but as a deviation prompted by a reason which would seem to involve an indirect, if not a direct, reference to the present rebellion of a small portion of the United States. It would be understood as placing on the same level the regular men-of-war of the United States and the privateers of the States now in rebellion, so far as regards the prizes made by them. It is only with reference to the principle involved, to the apparent inconsistency between the preamble and the sequence, and to the misconstruction to which it would be consequently liable, that the undersigned indulges the hope and expectation that the few words above cited may be omitted from the proposed proclamation, and takes occasion to say that in that form it will be perfectly acceptable to the government of the United States, and will add another to the many links of friendly relation and intercourse which already bind closely together the two countries.

It is only proper for the undersigned to notify his excellency M. d'Avila that information has been communicated to the government of the United States which authorizes the belief that some of the remote islands and colonies of this kingdom are proposed to be used by designing and reckless persons to engage in the nefarious enterprises referred to by the equipment of privateers, or the sale of prizes, if any should be taken. He knows perfectly well, in advance of any assurance, that such lawless undertakings would be sternly deprecated by the government of his most faithful Majesty; but his excellency cannot fail to discover in this fact an urgent

reason why a proclamation of such sentiments, and in the unobjectionable form suggested, should be immediately made. It is with this view, and to provide against the contingency of future, and perhaps of impending, difficulty, that the undersigned has brought the subject thus promptly to the notice of his excellency, and with the most friendly spirit and purpose.

The undersigned begs leave to return the rough draft of the proclamation, and to repeat his assurances of respect and distinguished consideration. JAMES E. HARVEY.

No. 2.

[Translation of proposed proclamation.]

It being convenient, under existing circumstances, to carry out the execution of the principles contained in the declaration of Paris of 16th April, 1856, made by the representatives of the signing parties to the treaty of peace of 30th March of the same year, to which my government hath adhered, I am pleased hereby, having heard the council of ministers, to decree the following:

ARTICLE 1.

It is prohibited to Portuguese subjects and foreigners to equip in the ports and waters of this kingdom, not only on the continent and adjacent islands, but also in the ultramarine provinces, vessels destined for privateering.

ARTICLE 2.

In the same points cited in the preceding article it is equally prohibited the entry of privateers and prizes made by them or by armed vessels.

§. All cases of force, (majeure,) wherein, according to the rights of nations, hospitality becomes indispensable, are excepted from this clause without, however, allowing, under any form, that the sale of objects arising from prizes shall take place.

Let the ministers and secretaries of state of all the departments understand these presents, and cause the same to be executed. PALACE OF NECESSIDADOS, July 29, 1861.

No. 2.]

Mr. Seward to Mr. Harvey.

DEPARTMENT OF STATE,

Washington, July 30, 1861.

SIR: Your despatches No. 1, of June 30, and No. 2, of July 7, have been received, and are under the consideration of the President.

Mr. Morgan's despatch No. 70, of the date of July 5, has been received. I am instructed by the President to say that Mr. Morgan's proceeding in addressing the Portuguese government on the subject of allowing the fitting out or harboring of privateers to prey upon the commerce of the United

States is approved, as well as the general tenor of his communication on that occasion.

The President cannot for a moment allow the belief that Portugal would be the only or even the first power to permit proceedings so injurious to the United States as a license or shelter granted to pirates engaged in preying on their commerce would be. Nevertheless, we shall look not without some solicitude for the result of the matter thus initiated by Mr. Morgan.

Please assure him, if he is yet remaining in Lisbon, of the entire satisfaction with which his conduct in the mission, so far as it has been reported to me, is regarded by the government.

I am, sir, your obedient servant,

JAMES E. HARVEY, Esq., &c., &c., &c., Lisbon.

WILLIAM H. SEWARD.

Mr. Seward to Mr. Harvey.

No. 5.]

DEPARTMENT OF STATE,

Washington, August 17, 1861. SIR: Your despatch No. 7, dated July 28, has been received. It is accompanied by a copy of a note which you on the 27th of July addressed to M. d'Avila, minister for foreign affairs in the government of Portugal, on the subject of privateering by or in the service of the insurgents of the United States. Your proceeding in this respect seems to have been eminently judicious, and the note itself, I think, very well and properly expressed.

It is hoped that you will before this time have received such a satisfactory reply as our good relations and treaties with the government of Portugal authorize us to expect.

WILLIAM H. SEWARD.

I am, sir, respectfully, your obedient servant, JAMES E. HARVEY, Esq., &c., &c., &c, Lisbon.

No. 7.]

Mr. Seward to Mr. Harvey.

DEPARTMENT OF STATE,

Washington, August 21, 1861.

SIR: Your despatch No. 4, under the date of July 20, has been received. Your address to his Majesty was appropriate, and even happy. His reply is very gratifying to this government.

We trust that you may find it easy to keep the relations between the two countries on a basis of mutual and cordial friendship.

I am, sir, respectfully, your obedient servant,

JAMES E. HARVEY, Esq., &c., &c., &c., Lisbon.

WILLIAM H. SEWARD.