CIRCULARS ISSUED BY THE GOVERNMENT OF THE EMPEROR OF BRAZIL FOR THE OBSERVANCE OF HIS SUBJECTS, DURING THE CRIMEAN WAR. [Translation.] FIRST BUREAU-N. CIRCULAR. MINISTRY OF FOREIGN AFFAIRS, EXCELLENCY: I have the honor to remit to your excellency a copy, herewith annexed, of the notice which was sent, under date of the 15th instant, by this department to the departments of justice, marine, and war, communicating to them the resolutions which the government of His Majesty the Emperor judged it its duty to adopt during the war that unhappily exists between Great Britain and France on the one part and Russia on the other. These resolutions are as follows: 1st. That no privateer, with the flag of any of the belligerent powers, can be armed or provisioned or admitted with its prizes in the ports of the empire. 2d. That Brazilian subjects cannot take part in the armament of privateers, nor in any other acts whatsoever opposed to the duties of a strict neutrality. The resolutions mentioned are founded in part upon the international law that regulates the obligations of neutrals in time of war, and in part on the legislation of peace, and were advised because the government of His Majesty the Emperor felt it to be its duty to consult the interests of the commerce of Brazilian subjects, and to observe a strict neutrality in the present war. Notwithstanding the execution of the measures to which I refer, the matter is not exempt from difficulties and complications, and this is what is to be guarded against. It appears to me to be prudent that before your excellency causes action to be taken respecting any vessel that may be in our ports, to ascertain that it comes within the resolution of the government, which decides that no privateer, with the flag of any of the belligerent powers, can be armed or provisioned or admitted with her prizes into the ports of the empire, you should obtain the verification of the fact that the vessel is a privateer, either by the examination of the papers on board, or by notorious acts which it has committed on its cruise. These precautions should be enjoined upon the "auditors of marine" in places where they are, and upon the law judges, or their substitutes, where there are no "auditors of marine;" and if by their precautions it shall be proved that the vessel is a privateer, her armament or provisioning shall be prevented, and she shall be ordered to leave the harbor. The entrance of privateers into our ports is expressly prohibited, but if it takes place by any reason of superior force, it behooves your excellency to cause them to leave the harbor. All the steps which your excellency causes to be taken to this end, should be reduced to writing and then transmitted to the government of His Majesty the Emperor. I likewise deem it very proper that in case of any measures that you may take, your excellency shall act, so far as possible, in accord with, and with the knowledge of, the consular agents of Great Britain and France, as well as of the nation to which the vessel against which there shall be suspicions of being a privateer declares that she belongs. By proceeding thus the government of His Majesty the Emperor will show the loyalty and good faith with which it desires to reconcile the rigorous execution of the measures that it adopts with the means of avoiding difficulties and every kind of misunderstanding with the gov ernments with which it maintains relations of friendship. The circumspection and prudence of your excellency gives assurance that the measures of the government of His Majesty the Emperor will be executed without the arising of embarrassments in the harbor of this capital. In order that the same may be the case in the other ports of the province where foreign shipping can enter, it is indispensable that your excellency exercise a very active vigilance over the respective authori ties, and explain to them the instructions of His Majesty the Emperor. I avail myself, &c., ANTONIO PAULINO LIMPO DE ABREU. His Excellency the PRESIDENT of the Province of * * DURING THE CIVIL WAR BETWEEN BUENOS AYRES AND THE ARGENTINE CONFEDERATION. [Translation.] FIRST BUREAU-N. CIRCULAR. DEPARTMENT OF FOREIGN AFFAIRS, Rio de Janeiro, July 30, 1859. EXCELLENCY: You are aware that the imperial government, in harmony with the invariable principles of its foreign policy, and properly consulting the interests of the empire, has resolved to remain neutral in the war which has unhappily broken out between the Argentine Confederation and the province of Buenos Ayres. The neutrality of Brazil in this contest, which it heartily deplores, has no other limitations than those expressed by the well-known facts relating to the Oriental State of Uruguay, and those implicitly contained in article 2d of the treaty of March 7, 1856, promulgated between the empire and the Argentine Confederation. His Majesty the Emperor has thought fit to recommend to your excellency the strict observance of those principles, according to which it is the duty of Brazilian subjects to abstain from all participation or assistance in favor of either of the two belligerents. The exportation of articles of war from the ports of the empire to those of Buenos Ayres is absolutely prohibited, whether under pretense of being done under the Brazilian flag or that of any other nation. Bra zilian vessels must be prohibited from the same traffic in contraband of war, even though destined for the ports of the Argentine Confederation. It is not probable that any other cause of violation of neutrality will occur, beyond that which we have foreseen, in this province; but, in case there should, we shall be able in a short time to send you more explicit instructions. Meanwhile your excellency will be governed, in an extraordinary emergency, by the principles expressed in the present notice. I have the honor, &c., JOSÉ MARIA DA SILVA PARANHOS. The PRESIDENT of the Province of * DURING THE CIVIL WAR BETWEEN BUENOS AYRES AND THE ARGENTINE CONFEDERATION. [Translation.] FIRST BUREAU-N. CIRCULAR. DEPARTMENT OF FOREIGN AFFAIRS, Rio de Janeiro, October 12, 1859. EXCELLENCY: The imperial government has been informed, by a note which the Argentine legation at this court has addressed to it, that the government of Buenos Ayres has sent to have two steamers bought and armed in England, to be employed in the war in which it is engaged with the Argentine Confederation. If the imperial government, in case those steamers leave the ports of Great Britain, and barely touch at those of the empire in transit to Buenos Ayres, cannot cause them to be detained, as was requested by that legation, it is in keeping with the principles of neutrality which the imperial government has imposed upon itself in this war to prevent them from receiving an armament and crew, and, still more, from carrying articles of war to the port of Buenos Ayres. I refer, for the better guidance of your excellency, the circular sent you by this department on the 30th of July last. I renew, &c., JOAO LINS VIEIRA CANSANSÃO DE SINIMBÚ. The PRESIDENT of the Province of DURING THE CIVIL WAR IN THE UNITED STATES. [Translation.] Circular to the presidents of provinces. MINISTRY OF FOREIGN AFFAIRS, ILLUSTRIOUS AND MOST EXCELLENT SIR: The contest which has broken out between the Federal Government of the United North American States and some of said States, which have declared that they have constituted themselves into a separate confederacy, may bring to our country questions for the solution of which it is expedient that your excellency should be prepared, and on this account I have received orders from His Majesty the Emperor to declare to your excellency that the imperial government judges it to be its duty to hold itself to the strictest neutrality during the war in which unhappily those States are involved, and in order that this neutrality may be preserved, it is proper that the following regulations should be observed: The Confederate States have no recognized existence; but having constituted de facto a distinct government, the imperial government cannot consider as acts of piracy its naval armaments, nor deny to them, with the necessary restrictions, the character of belligerents which they may assume. Brazilian subjects must accordingly abstain from all participation and assistance in favor of one of the belligerents, and they cannot take part in any acts that may be considered as hostile to one of the two parties and contrary to the duties of neutrality. The exportation of articles pertaining to war from the ports of the empire to the new Confederate States is absolutely prohibited, whether it is claimed to be done under the Brazilian flag or under that of another nation. The same commerce contraband of war must be forbidden to Brazilian vessels, even when they are bound to ports subject to the Government of the North American Union. No vessel with the flag of one of the belligerents, which is engaged in this war or is destined for it, can be supplied with stores, equipped, or armed in the ports of the empire; but this prohibition is not to include the furnishing of provisions and ships' stores indispensable for the continuation of the voyage. No vessel of war or privateer shall be permitted to enter and remain with prizes in our ports or bays more than twenty-four hours, except in case of arrival under stress, and in no manner shall they be permitted to dispose of said prizes or of articles proceeding therefrom. In the fulfillment of these measures, and in the solution of questions which may arise, your excellency will be guided by the principles of international law, keeping under consideration the instructions issued by this ministry on the 18th of May, 1854, and bearing in mind the cir cular of the 30th of July, 1859, with respect to the United States in contest with the Confederate States, and you will communicate to the imperial government any difficulties or extraordinary occurrences which may require new instructions. I reiterate to your excellency, &c., &c., &c., BENEVENUTO AUG. DE MAGALHÃES TAQUES. His Excellency the PRESIDENT of the Province of A true copy. LUIZ AUG. DE PADUA FLEURY. DURING THE CIVIL WAR IN THE UNITED STATES. [Translation.] Circular to the presidents of the provinces-central division. MINISTRY OF FOREIGN AFFAIRS, Rio de Janeiro, June 23, 1863. MOST ILLUSTRIOUS AND MOST EXCELLENT SIR: It being proper to shed more light on the circular of this ministry of the 1st of August, 1861, which established the principles regulating the neutrality which the imperial government has determined to assume in regard to the contest in the United States of North America, both in order to explain some of these principles and to indicate in general the cases in which the neutrality should be deemed violated, and the means of rendering it effective, His Majesty the Emperor orders the following to be declared to your excellency for your information and for due execution: By the words "except in case of forced arrival," [a putting into port in distress,] mentioned in the circular referred to, it is also to be understood: That the vessel shall not be compelled to leave the port within the space of twenty-four hours if she has not been able to effect such repairs as may be indispensable to enable her to expose herself to the sea without risk of being lost. If a like risk shall be incurred on account of bad weather. If, finally, she is closely beset by the enemy. Under these circumstances, it shall be at the option of the government at court, and of the presidents in the provinces, to determine, in view of the circumstances, the time within which the vessel must sail. Privateers, (corsarios,) even though they conduct no prizes, shall not be admitted into the ports of the empire for more than twenty-four hours, except in case of forced arrival. The prizes of which the circular of the 1st of August treats are vessels captured by belligerents or by privateers; so that the penalty imposed on those which conduct prizes is not applicable to those which merely bring in articles proceeding from prizes; it being unlawful for them, however, in any case to dispose of said articles, as it is also of the prizes. In conformity with the circular mentioned, belligerent vessels can only receive in the ports of the empire such provisions and naval stores as they absolutely need, and make the repairs which are necessary for the continuation of the voyage. This provision presupposes that the vessel is bound for some port, and that only on the passage and through necessity she seeks to enter a port of the empire. The presupposition of the circular, however, will not hold good if the same vessel shall seek to enter a port repeatedly, or if after having procured supplies in one port she shall enter into another immediately afterward under the same pretext, except in cases proved to be of overruling necessity, (de força maior.) Frequency, therefore, without sufficiently proved cause, must warrant the suspicion that the vessel is not really on a voyage, but is scouring the neighboring seas of the empire to capture vessels of the enemy. The asylum and succor which are in such case given to one of the belligerents may be characterized as assistance or favor given against the other, and therefore as a vioiation of declared neutrality. It is proper, consequently, that a vessel which has already once entered one of our ports should not be received in the same port or in another, shortly after having entered the first, to receive provisions and naval stores and to make repairs, except in a case duly proved of overruling necessity, until after a reasonable term shall render it credible that the vessel has already retired from the shores of the empire, and has returned to them after having concluded the voyage on which she was bound. For reasons identical with those which have been set forth, belligerent vessels will not be permitted, in ports of the empire, to receive |