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No. 8.]

Mr. Seward to Mr. Harvey.

DEPARTMENT OF STATE,
Washington, August 24, 1861.

SIR: Your despatch No. 8, dated July 30, has been received, and I have the pleasure of informing you that the President entirely approves of your diligent and judicious action concerning the proposed proclamation of the government of Portugal. We look with much confidence for good results from it.

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SIR: I have the honor to enclose herewith the copy of a note from the foreign office, covering the copy of a proclamation in regard to privateers and their prizes, (Nos. 1 and 2,) in the form finally adopted by the council of state. This decree was published in the official paper (Diario de Lisboa) on the 23d instant, a copy of which has already been transmitted to the department.

By referring to my despatch No. 8, it will be seen that the preamble of the proclamation has been modified, so as to escape the logical inconsistencies which I then pointed out, in the hope of inducing the omission of certain phrases, which would have rendered it more acceptable. I have the best reason to know that the council of ministers, or cabinet, were not only well disposed to adopt my proposed amendment, but that they submitted the proclamation with the revision.

When this fact became known to me, I urged, with every influence and persuasion at my command, an immediate decision, so as to insure the promulgation before any interrupting cause or accident could intervene. But the King went away for a short time, and a council of state, to which the proposed action of the council of ministers on important questions is pre sented for examination, could not be convened. In the meantime intelligence from the United States of an eventful character affected opinion here, and gave increased weight to the objections which had been urged by the British minister and others against the form of proclamation which I had requested. A council of state was summoned upon the return of the King, and the result of their deliberations is to be found in the documents enclosed in this despatch.

While I should have been greatly gratified had my amendment been accepted, I have the satisfaction to know that it did not fail from any want of zeal, energy, or effort on my part, and that the proclamation as it now stands is mainly predicated upon your policy, in execution of the principle of the treaty of Paris, and is not open to the objections urged against those issued by England, France, or Spain.

I have the honor to be, sir, very respectfully,

Hon. W. H. SEWARD,

JAMES E. HARVEY.

Secretary of State.

No. 1.]

Mr. d'Avila to Mr. Harvey.

[Translation.]

DEPARTMENT OF STATE FOR FOREIGN AFFAIRS,

August 22, 1861.

The councillor of state, Antonio José d'Avila, presents his most attentive compliments to Mr. James E. Harvey, and has the honor to remit him the enclosed copy of the decree of the 29th of July last, published according to the last form given thereto, after hearing the council of state.

[Translation.]

No. 2.]

MINISTRY OF FOREIGN AFFAIRS.

It being proper, in view of the circumstances at present existing in regard to the United States of America, to carry into effect the principles established in the declaration of Paris of April 16, 1856, made by the representatives of the powers that signed the treaty of peace of the 30th of March of that year, to which declaration my government acceded, and likewise, for the same reason, to adopt other measures which I deem opportune, I have been pleased, after hearing the council of state, to decree as follows:

ARTICLE 1.

In all the ports and waters of this kingdom, as well on the continent and in the adjacent islands as in the ultramarine provinces, Portuguese subjects and foreigners are prohibited from fitting out vessels destined for privateering.

ARTICLE 2.

In the same ports and waters referred to in the preceding article is, in like manner, prohibited the entrance of privateers and of the prizes made by privateers, or by armed vessels.

The cases of overruling necessity, (força maior,) in which, according to the law of nations, hospitality is indispensable, are excepted from this regulation, without permission, however, being allowed, in any manner, for the sale of any objects proceeding from prizes.

The ministers and secretaries of state in all the departments will thus understand, and cause it to be executed.

PALACE OF NECESSIDADER, July 29, 1861.

MARQUEZ DE LOULE.

ALBERTO ANTONIO DE MORAES CARVALHO.

VISCONDE DE SÁ DA BANDEIRA.

CARLOS BENTO DA SILVA.

THIAGO AUGUSTO VELLOSO DE HORTA.

ANTONIO JOSÉ D'AVILA.

KING.

PERU.

Mr. Seward to Mr. Robinson.

No. 2.]

DEPARTMENT OF STATE, Washington, November 12, 1861. SIR: You are appointed a minister to represent the United States near the republic of Peru.

This appointment is an overture by this government, under the present administration, to renew the friendly relations with Peru, which had been suspended, on the motion of this government, when administered by the last President, James Buchanan.

The Peruvian government may naturally ask and be entitled to an expla nation of this change of position on the part of the United States.

It is confessed to be unfortunate when any government has occasion to reverse its policy in any material respect, especially a policy of friendship or of hostility towards foreign nations. Inconstancy is always liable to be mistaken for inconsistency, and inconsistency is too often the result of caprice.

Moreover, when we come to explain such a change in any case, however necessary it may have been, we shall still find it necessary to explain in such a manner as shall not cause it to be understood that the reconsideration is due to personal or partisan considerations indulged by the government.

Keeping these points in view, you will be at liberty to say, in your communications with the representatives and statesmen of the country to which you are accredited, that the President of the United States entertains the opinions that the several states founded on the American continent have common interests arising out of their neighborhood to each other, their common attitudes towards states in the eastern hemisphere, and the similarity of their commercial, social, and political institutions; that owing to the inexperience of mankind in the conduct of republican representative institutions, and the incompleteness of assimilation in the population of these American states, there is always too much danger of faction at home, while faction at home inevitably tends to invite intrigues and intervention from abroad for the overthrow of the American powers with hopes of reconquest from Europe. For these reasons, the President of the United States, without at all reflecting upon the sentiments or the action of his predecessor, determined, on assuming the administration of the government, to resist rather than to yield to influences which might tend to introduce anarchy into any one of the American states, or produce alienation and war between them. In reviewing the causes assigned by his predecessor for withdrawing our representative from Peru, he came to the conclusion that, although serious differences had arisen between the two countries, yet that there was no imperative necessity resulting from those differences for a declaration of war against Peru. Not being able to recommend to Congress the adoption of hostilities against Peru, it seemed to result that the differences between the two states might be accommodated by the two powers in case of renewed and pacific relations.

The questions in difference between the two countries will be a subject of special instruction in a distinct paper. I confine myself in this despatch to instructions for your conduct in presenting yourself at Lima.

You will assure the government of Peru that the United States are sincere and earnest in their friendship and affection for that republic; that they desire its prosperity and advancement, equally for the welfare of its own people and the best interests of civilization; and that consistently with that regard for own rights, which every nation must always cherish which is really independent, the United States will always be found to manifest the most cordial sympathies with the republic of Peru, and with other sister states on the American continent.

I am, sir, your obedient servant,

CHRISTOPHER ROBINSON, Esq., &., §., &c.

WILLIAM H. SEWARD.

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