The deserter belonging to the royal engineers was placed on board and handed over. It will be observed in Mr. Black's note that he stated the deserters were discovered in twenty-four hours. The Florida remained in sight for at least thirty-six hours after her departure, and the deserter was not landed for five days. Commander Morris never applied to me for permission to take the coal, I suppose, being fully aware that the circular dispatch of the 16th July, 1863, prohibited coal being supplied to vessels such as his, which "had consumed their fuel in cruising" as he had done in sight of these islands. Mr. Black, who belongs to the Southern States, states that he sent the coal at the request of Commander Morris. The Florida then immediately left the islands, and has not since been seen. I beg to annex a copy of a printed extract from the circular dispatch of the 16th July, 1863, which I forwarded to Commander Morris. I have, &c., WILLIAM MUNRO. With reference to these circumstances the following correspondence passed between Mr. Adams and Earl Russell:1 Mr. Adams to Earl Russell. LEGATION OF THE UNITED STATES, MY LORD: It is with very great regret that I find myself compelled to call the attention of your lordship to the abuse made of the neutrality of the island of Bermuda by the vessels under the direction of the insurgents in the United States, in making it a base for hostile operations against the commerce of a friendly nation. I have the honor to submit to your consideration the copy of an extract from a report of Mr. Allen, consul of the United States at that place, to the Secretary of State, in which he makes certain statements respecting the reception there of the gun-boat known under the name of the Florida, and her subsequent proceedings, which appear to be directly in violation of the regulations heretofore laid down by Her Majesty's government. I beg permission to remind your lordship of the remonstrances which were promptly made, a short time since, in the case of one of the vessels of the United States, for proceedings of a far less exceptionable character. Not doubting the disposition of Her Majesty's government to do full justice in the premises, I pray, &c., (Signed) CHARLES FRANCIS ADAMS. [Inclosure.] Mr. Allen to Mr. Seward. UNITED STATES CONSULATE, Bermuda, June 30, 1864. SIR: The Florida, after remaining in port nine days, went to sea last Monday evening, but has not been far from land. She is in sight to-day from the hills, about [74] six miles off. She boards all vessels *approaching these islands. She received all the coal and supplies they wanted. The coal was taken from the ship Storm King, C. L. Hobson, of Richmond, agent. I am, &c., C. M. ALLEN, Consul. Earl Russell to Mr. Adams. FOREIGN OFFICE, September 5, 1864. SIR: In reply to your note of the 19th ultimo respecting the proceedings of the Florida at Bermuda, I have the honor to inform you that Her Majesty's government have received reports on the same subject from Her Majesty's colonial and naval authorities, and that, after due consideration of the same, they are of opinion that although some disposition was manifested by the commander of the Florida to evade the stringency of Her Majesty's regulations, the most commendable strictness and diligence in enforcing those regulations was observed on the part of the authorities, and that no substantial deviation, either from the letter or from the spirit of those regulations, was permitted to, or did, take place. I have further the honor to inform you that Her Majesty's government consider that the conduct of the lieutenant-governor of Bermuda on the occasion in question was. perfectly proper. I am, &c., On or about the 5th October, 1864, the Florida entered the port of Bahia. On this occasion the following correspondence passed between the United States consul at that place and the president of the province of Bahia :1 The United States consul to the president of the province. CONSULATE OF THE UNITED STATES OF AMERICA, Bahia, October 5, 1864-9 a. m. SIR: This morning a steamer anchored in this port bearing the flag adopted by those who are involved in the rebellion against the Government of the United States of America, and I am informed that the said vessel is the Florida, which is engaged in capturing vessels navigating under the flag of the United States of America, and in destroying them by making bonfires of them and their cargoes. The vessel in question is not commissioned by any recognized government whatever, and her officers and crew are composed of persons of various nationalities, who are not subject to any international or civilized law, and are consequently not entitled to the privileges and immunities conceded to vessels navigating under the flag of a civilized nation. I therefore protest, in the name of the United States of America, against the admission of this vessel to free practice, by which she might be enabled to supply herself with coal, provisions, tackle, or utensils of any kind whatever, or receive on board any persons whatever; finally, against any assistance, aid, or protection might be conceded to her in this port, or in any other belonging to this province. I likewise claim that the piratical cruiser which, in combination with the pirate Alabama, violated the sovereignty of the imperial government of Brazil, by capturing and destroying vessels belonging to citizens of the United States of America within the territorial waters of Brazil, near the island of Fernando de Noronha, in April, 1863, be detained with all her officers and crew, in order to answer for so flagrant a violation of the sovereignty of the government of Brazil and of the rights of citizens of the United States within the jurisdiction of the Brazilian government. I avail, &c., THOMAS F. WILSON, Consul of the United States. President of the Province of Bahia. His Excellency ANTONIO JOAQUIM DE SILVA GOMES, The president of the province to Mr. Wilson. PALACE OF THE GOVERNMENT OF THE PROVINCE OF BAHIA, October 5, 1864. In a note, dated this day, Mr. Thomas F. Wilson, consul of the United States, claims that the steamer Florida, now anchored in this port, shall not be admitted to free pratique, nor obtain permission to provide herself with coal, provisions, supplies, and utensils of any kind whatever, nor receive on board any person whatever; he likewise requests that, as the cruiser, in combination with the Alabama, violated the sovereignty of the imperial government of Brazil, by capturing and destroying vessels belonging to citizens of the United States of America within the territorial waters of the empire, near the island of Fernando de Noronha, in April, 1863, she may be detained, with all her officers and crew, in order to answer for this flagrant violation of the sovereignty of the government of Brazil and of the rights of citizens of the United States within the jurisdiction of the Brazilian government. In reply to the consul, I have to inform him that, as the said vessel belongs to the Confederate States, in whom the imperial government recognized the character [75] of belligerents, all the assistance *required by humanity may be furnished her, which does in no wise constitute assistance for warlike purposes, as laid down by international law, and does not conflict with that neutrality which this government studiously seeks to preserve, and has always preserved, in the contest between the States of North America. The undersigned cannot, therefore, admit the first portion of the claim of the consul, in the general manner in which it was presented, and particularly in relation to those articles considered as contraband of war, in conformity with instructions issued on that subject by the imperial government, and according to which the said vessel will only be permitted to remain in this port for the length of time absolutely indispensable. In regard to the second part of his note, it is my duty to observe to the consul that, even if it were fully established that the Florida had previously violated neutrality, such a proceeding would scarcely authorize us to refuse her permission to enter the 1 Extracted from the "World" (American journal) of December 2, 1864. (See Appendix, vol. i, p. 146.) ports of the empire, and would never warrant us to commit the acts required by the consul, which would be equivalent to a hostile rupture, without the intervention of the supreme government of the state, which is alone competent to authorize such a rupture. I renew, &c., Mr. THOMAS F. WILSON, Consul of the United States. ANTONIO JOAQUIM DA SILVA GOMES. Before dawn on the morning of the 7th October, 1864, the Florida was surprised and captured in the port of Bahia by the United States war-steamer Wachusett, and was carried as a prize to the United States. Shortly after her arrival she sank in Chesapeake Bay, in consequence, as was affirmed, of having sprung a leak during her voyage and of having been injured while at anchor by a United States transport-steamer. The government of Brazil protested immediately, in strong terms, against this violation of its sovereignty and of the neutrality of the port; and the United States minister at Rio declared, in reply, that the capture of the Florida had not been directed or authorized by himself, condemned the act of the captain of the Wachusett, and promised that reparation should be made. Mr. Seward, on learning what had occurred, wrote as follows to the United States minister at Rio :1 Mr. Seward to Mr. Webb. DEPARTMENT OF STATE, Washington, November 11, 1864. SIR: In the years 1862 and 1863, remonstrances were addressed by us to the government of Brazil against the policy, different as it was from that of all other American States, in regard to the furnishing of shelter and a haven to pirates who were engaged in depredating upon the peaceful commerce of the United States. The correspondence came to a close without having produced any satisfactory result, and not without Leaving a painful presentiment that a continuance of measures so injurious to the United States would sooner or later affect the harmonious relations heretofore existing between the two countries. We have just now heard of the capture of the Florida by the Wachusett, at Bahia, and of the consequent hostilities adopted by the Brazilian forces in that port; but we have no particular information of the circumstances which preceded the collision, and our information concerning the transaction itself is incomplete. At the same time, we are absolutely without knowledge of any correspondence that it may have elicited between yourself and the Brazilian government. In this stage of the matter, the President thinks it proper that you should inform the minister of foreign affairs that we are not indisposed to examine the subject upon its merits carefully, and to consider whatever questions may arise out of it, in a becoming and friendly spirit, if that spirit shall be adopted by His Imperial Majesty's government. I am, &c., WILLIAM H. SEWARD. With reference to this occurrence, the following correspondence passed between the Brazilian minister at Washington and the United States Secretary of State:2 [Translation.] IMPERIAL LEGATION OF BRAZIL, The undersigned, chargé d'affaires ad interim of His Majesty the Emperor of Brazil, has just received orders from his government to address himself, without delay, to that of the United States of North America about an act of the most transcendent gravity done on the morning of the 7th day of October last, in the port of the capital of the province of Bahia, by the war-steamer Wachusett, belonging to the Navy of the 1 1 Appendix, vol. i, p. 152. 2 Ibid., p. 153. Union, an act which involves a manifest violation of the territorial jurisdiction of the empire, and an offense to its honor and sovereignty. On the fourth day of the month referred to, there entered that port, where already had been lying for some days the Wachusett, the confederate steamer Florida, for the purpose, declared by her commander to the president of the province, to supply herself with alimentary provisions and coal, and to repair some tubes of her machinery. [76] *The president, proceeding in accordance with the policy of neutrality which the empire resolved to adopt on the question in which unfortunately these States are involved, and in conformity with the instructions in this respect issued by the imperial government on the 23d of June of the year last past, assented to the application of the commander of the Florida, and fixed the term of forty-eight hours for taking in supplies, and fixing, in dependence on the final examination by the engineer of the arsenal, the determination of the residue of the time which, peradventure, should be deemed indispensable for the completion of the repairs. The same authority at once took, with the greatest impartiality, all the measures necessary to avoid any conflict between the two hostile steamers. The Florida was placed under cover of the batteries of the Brazilian corvette D. Januaria, on the in-shore side, at the request of her commander, who, reposing on the faith with which, without doubt, the chief authority of the province could not faii to inspire him, considered himself sheltered from any attack of his adversary, and in this confidence not only staid a night on shore, but gave liberty to a great part of the crew of his vessel. It behooves me to say that, as soon as the confederate steamer entered the port at Bahia, the American consul, Wilson, addressed to the president a dispatch claiming that the Florida should not be admitted to free pratique, and that on the contrary she should be detained, alleging for this, that that vessel had, in concert with the Alabama, violated the neutrality of the empire by making captures in 1863, near the island of Fernando de Noronha. Such exaggerated pretensions, founded on facts not proven, which had already been the subject of discussion between the imperial government and the legation of the United States, could not be even listened to. If the president should have refused the hospitality solicited by the commander of the Florida, he would have infringed not only the duties of neutrality of the empire, but also those of humanity, considering that steamer, coming from Teneriffe, had been sixty-one days at sea, was unprovided with food, and with machinery in the worst condition. Afterward, the president having stated to the same consul that he hoped, from his honor and loyalty toward a friendly nation, that he would settle with the commander of the Wachusett that he should respect the neutrality and sovereignty of the empire, he was answered affirmatively, the consul pledging his word of honor. Things were in this condition, the term of forty-eight hours being to expire at one o'clock of the afternoon of the 7th, when, about dawn of that day, the commander of the steamer Wachusett, suddenly leaving his anchorage, passed through the Brazilian vessels of war and approached the Florida. On passing across the bows of the Brazilian corvette D. Januaria he was hailed from on board that he must anchor; but, as he did not attend to this intimation, and continued to approach the Florida, at the same time firing a gun and some musketry, the commander of the naval division of the empire stationed in those waters sent an officer to board the Wachusett and inform her commander that the ships of the division and the forts would open fire upon her if she should attack the Florida. The Brazilian officer was not allowed to make fast to the Wachusett, but the officer of the deck hailed him, saying in reply that he accepted the intimation given, that he would do nothing more, and that he was going to return to his anchorage. The commander of the Brazilian division then thought proper to ratify his intimation by firing a gun, upon which a complete silence followed between the two ships Wachusett and Florida. At the time this was passing, the corvette D. Januaria, on board which the commander of division had hoisted his flag, lay head to flood, the steamer Florida anchored B. B., side by side of her, and quite close to the shore, and between her and the corvette the Wachusett stopped her wheels. The commander of division then observing, notwithstanding the darkness of the night, that the Wachusett, from the position in which she was, kept moving onward and was passing ahead of the corvette, in a course E. B., became convinced that, in fact, she was steering for her anchorage, thus complying with the promise made. But a few moments afterward, perceiving that the Florida was in motion, the commander discovered that the Wachusett was taking her off in tow by means of a long cable. Surprised at such an extraordinary attempt, the commander immediately set about stopping this, and redressing, at the same time, as behooved him, the offense thus done to the dignity and sovereignty of the empire. But availing himself of the darkness of the night, and of other circumstances, the commander of the Wachusett succeeded in carrying his prize over the bar, and escaping the just punishment he deserved. The consul, Wilson, preferred to abandon his post, withdrawing on board the Wachusett. The government of His Majesty, as soon as it had official information of the event, addressed to the legation of the United States at Rio Janeiro a note, in which, giving a succinct exposition of the fact, it declared that it had no hesitation in believing it would hasten to give to it all proper assurances that the Government of the Union would attend to the just reclamation of the empire as promptly and fully as the gravity of the case demanded. In correspondence with this expectative note, the worthy representative of the United States was prompt in sending his reply, in which he declares he is convinced that his Government will give to that of the empire the reparation which is due to it. Such are the facts to which the undersigned has received order to call all the attention of the honorable William H. Seward, Secretary of State of the United States. The principles of international law which regulate this matter, and in respect of which there is not the least divergence among the most distinguished publicists, are common and known to all. The undersigned would fail to recognize the high intelligence of the honorable Mr. Seward, if, perchance, he should enter in this respect into fuller developments. He limits himself then only to recall a memorable example, in which these [77] principles, invariably sustained by the United States, had entire application. In 1793, the great Washington then being President of the United States, and the illustrious Jefferson Secretary of State, the French frigate l'Embuscade captured the English ship Grange, in Delaware Bay, thus violating the neutrality and the territorial sovereignty of the United States. The American Government. remonstrated energetically against this violation, and required from the government of the French republic not only the immediate delivery of the captured vessel, but also the complete liberation of all the persons found on board. This reclamation was promptly satisfied. Much more grave, certainly, is the occurrence in the port of the province of Bahia which makes the subject of the present note. By the special circumstances which preceded and attended it, this act has no parallel in the annals of modern maritime war. The commander of the Wachusett not only gravely offended the territorial immunities of the empire, passing beyond the laws of war by attacking treacherously, during the night, a defenseless ship, whose crew, much reduced because more than sixty men were on shore with the commander and several officers, reposed unwary beneath the shadow of the protection which the neutrality of the empire guaranteed to them; and so open was the violation, so manifest the offense, that the enlightened American press was almost unanimous in condemnation of the inexcusable proceeding of Commander Collins. On this occasion, remembering the United States, whose antecedents are well known and noted in history by the energetic defense of and respect for neutral rights, of these unshaken principles, the undersigned cannot consider the event which occurred at Bahia otherwise than as the individual act of the commander of the Wachusett, not authorized or approved by his Government, and that it will consequently give to the government of His Majesty the Emperor the explanations and reparation which, in conformity with international laws, are due to a power which maintains friendly and pacific relations with the United States. The just reclamation of the imperial government being thus presented, the undersigned awaits the reply of the honorable Mr. Seward, and, fully confiding in his exalted wisdom and in the justice of the Government of the United States, he has not even for a moment doubted but that it will be as satisfactory as the incontestable right which aids the empire and the vast gravity of the offense which was done to it may require. The undersigned, &c., (Signed) IGNACIO DE AVELLAR BARBOZA DA SILVA. His Excellency the Hon. WILLIAM H. SEWARD. Mr. Seward to Mr. Barboza. DEPARTMENT OF STATE, Washington, December 201, 1864. SIR: I have the honor to acknowledge the receipt of your note, which sets forth the sentiments of the imperial government of Brazil concerning the capture of the Florida by the United States war-steamer Wachusett in the port of Bahia. You will, of course, explain to your government that, owing to an understanding between you and myself, your note, although it bears the date of the 12th December, was not submitted to me until the 21st instant. Jealousy of foreign intervention in every form, and absolute non-intervention in the 1 Should be dated December 26, 1864. |