ARTICLE 10. The committees whilst surveying will collect a portion of cotton pods from the land under examination, and after closing and putting them up in such manner as to prevent their substitution, are to deliver the same along with the book declared in article 7 to the governor general, so soon as they shall have closed their investigations. ARTICLE 11. After the surveys on such plantations as are competing for prizes, the governor general in council is to name three commercial jurors to examine and classify the cotton treated of in the preceding article. The examination is to be made in presence of the governor and his council and the members of such committees as may then find themselves in the provincial capital, and the same is to be reduced to a deed of writing in a special book, and to be signed by all. ARTICLE 12. During the same sitting (if time permit) or at another meeting the governor general, after obtaining the assenting vote of the council, shall proceed to adjudicate such prizes as shall have been awarded; and in case he dissent from the opinion or vote of the council, the affair shall be submitted to the decision of the home government, accompanied by all the respective documents and vouchers. ARTICLE 13. The prize having been adjudicated, the governor general is to issue an order (portario) in legal form to the finance "junta," in order that the party interested may receive the amount of his prize. Department of Marine and Colonial, May 13, 1864. JOSÉ DA SILVA MENDES. [SEAL.] Mr. Harvey to Mr. Seward. No. 279.] LEGATION OF THE UNITED STATES, Lisbon, May 24, 1864. SIR: I transmit herewith translations of various correspondence between the authorities of the island of Madeira, the commander of the rebel cruiser Florida, and the United States vice-consul, in reference to the supplies which, in my opinion, were improperly furnished to the Florida at Funchal in February last. The existence of this correspondence came to my knowledge quite accidentally, as it was never referred to by either the commander of the United States steamer St. Louis or by the acting consul. Upon being made aware of the fact, I immediately called for the papers, which the vice-consul communicated. by the last packet, as they appeared in the official journal of the island, O'Districto do Funchal, of the 5th of March. It appears from this correspondence, that while the governor of the island fully and fairly comprehended his duties at the outset of the affair, he allowed himself subsequently to be persuaded to sanction proceedings for which there was no proper justification, according to his original showing. The Florida entered the bay of Funchal, and had probably made her voyage, without steam. She was not disabled or damaged, and therefore had no claim to ask coal, upon the basis of the privilege of "force majeure" reserved by the royal proclamation of July 29, 1861. No investigation was made, or sought to be instituted by the authorities of the island, either of their own accord or at the instance of our naval commander or vice-consul, as should have been required, to ascertain whether the claim put forward for supplies was well founded or false. I have reason to suppose that it was a fraudulent pretence, and that the cruiser had a stock of coal in her bunkers at that very time. Moreover, no precautions were taken to prevent a larger supply from being furnished than was prescribed by the governor's order, and the belief is general now that it was much exceeded. In view of all the facts of the case, I have not been able to concur with the strong and unnecessary expression of thanks which the commander of the St. Louis "requested" the United States vice-consul to convey to the governor, and by which his conduct throughout is not only commended, but which estops any effective representation from being made here. When his Majesty's government recently issued unusual and stringent orders to all the authorities of the mid-ocean islands, and sent their best steam vesselof-war to assist if necessary in enforcing their execution, a great step was taken in the right direction to prevent the depredations to which our commerce has been heretofore exposed. And when the Florida presented herself, soon afterwards, at Madeira, there was an excellent opportunity to settle, once for all, the pretended right of entry and supplies claimed by such piratical cruisers. It should have been decided in our favor, and I regret that the opportunity was not improved by positive and unhesitating action. Much work will now have to be done over again, for if our naval commander publicly and officially thanks a governor for conduct which we are obliged to condemn, he thereby recognizes a precedent that it will be found difficult to combat hereafter. This whole proceeding of offering "thanks "was gratuitous, and hardly in the line of professional duty. The first intelligence in regard to the correspondence now communicated reached me when the St. Louis was here in port. Consequently I addressed a note to her commander, making the necessary inquiries, and asking for an investigation on board the St. Louis, which, for reasons satisfactory to himself, he did not see fit to direct, but which I believed then, and still believe, would have resulted in fuller information on this subject than has yet been obtained. My note and his reply are transmitted without comment, though I am compelled to observe a discrepancy between the language of the vice-consul in his letter to the governor, dated the 29th of February, when professedly speaking in the name of the commander, and of that of the commander, speaking for himself, in his answer to me. I have the honor to be, sir, your obedient servant, Hon. WILLIAM H. SEWARD, JAMES E. HARVEY. Secretary of State. CIVIL GOVERNMENT OF FUNCHAL, MOST EXCELLENT SIR: I have just been informed by an official communication from yourself, that the ship Florida, a south American corsair, sailing under the so-called flag of the Confederate States, which have not been recognized by us, has entered and is now at anchor in this port. In view of the decree of 29th July, 1861, a vessel in those circumstances can only enter the ports of Portugal when compelled thereto by force majeure; and as such case has not happened, nor is it invoked by the commander of said vessel to legalize or justify his stay in this port, I find myself compelled, in conformity to the law, and in obedience to all those principles of loyalty which are due to the flag of a friendly nation, to request that your excellency will be pleased to intimate the aforesaid commander to leave this port with all possible speed. Your excellency will be pleased to keep me informed of all that may occur in carrying out the present commission. God preserve your excellency. The Civil Governor, JACINTHO ANTONIO PERDIGAO. His Excellency the CAPTAIN OF THE PORT of Funchal. FUNCHAL, February 28, 1864. MOST EXCELLENT SIR: In compliance with the orders received from your excellency, I have intimated the commander of the war steamer Florida to leave this port within twenty-four hours, and in reply to said intimation I have received from said officer a communication, of which I have the honor of transmitting a copy to your excellency, wherein the said commander declares he was forced to come into this port in want of water, bread, and coals, and that, consequently, it is impossible for him to quit this port without those articles. Your excellency will decide whatever is just, and I await your excellency's orders on this head. God preserve your excellency. JOAQUIN PEDRO DE CASTELBRANCO, His Excellency Dn. JACINTHO ANTONIO PERDIGAO, Civil Governor of the Funchal District. CIVIL GOVERNMENT OF FUNCHAL, February 29, 1864. MOST EXCELLENT SIR: On view of your communication, wherein you inform me that you had intimated the commander of the ship Florida, south American corsair, to quit this port, and make known his reply, whereby he alleges the existence of force majeure, in his being short of provisions, water, and coals to navigate, it is my duty to inform you that I consider that ship only entitled to protection under the general laws of humanity; and I understand that, according to said laws, we need not deny to any one the necessary means of subsistence, and therefore agree to his being furnished with such provisions and water as he may require, but cannot do the same with regard to coals; whereas said ship being built on the mixed system, and being therefore enabled to navigate by means of her sails, as she no doubt has already done, and as is evident from the fact of her having taken eighteen days in coming from Brest to this port; and it not being consistent with my duty that she should, within the territory confided to me, be permitted to furnish herself with that article in a greater quantity than what is necessary for her to leave this port, attain such a distance off as not to be prejudiced by the ship-of-war of the United States which is likewise now at anchor in this port, and for the purpose of cooking on board, I think that I am only authorized in allowing her to be furnished with twenty tons of coals, which quantity, although not sufficient to put her in a position of causing damage is nevertheless sufficient to avert any danger to which she might, by chance, be exposed on leaving this port. In this sense your excellency will be pleased to communicate with the commander of the aforesaid corsair, and apprise me of the result. God preserve your excellency. The Civil Governor, JACINTHO ANTONIO PERDIGAO. His Excellency the CAPTAIN OF THE PORT of Funchal. FUNCHAL, February 29, 1864. MOST EXCELLENT SIR: I communicated your excellency's order to the commander of the steamer Florida, said orders being to the effect that he might acquire the provisions and water required to proceed on his voyage, and that with regard to coal, your excellency only allowed him to take twenty tons. In reply, I have this day received a communication from said officer, of which I have the honor of transmitting you a copy enclosed, wherein said commander states he cannot proceed on his voyage without taking in forty tons of coal. A short time after my receiving this communication, this officer came to me, and I then made known to him your excellency's positive orders, and he at last agreed to leave this evening, taking only the twenty tons of coals, allowed by your excellency, declaring tha the would not proceed to sea under these circumstances should any war steamer of the United States make her appearance in sight at the moment of his leaving the port. God preserve your excellency. JOAQUIN PEDRO DE CASTELBRANCO, His Excellency the CIVIL GOVERNOR of the Funchal District. CIVIL GOVERNMENT OF FUNCHAL, February 29, 1864. MOST ILLUSTRIOUS SIR: Having been informed by the captain of this port that the commander of the ship Florida, south American corsair, now at anchor here, had declared himself unable to leave this 'port, in compliance with the intimation made to him by my orders, seeing that he was in want of provisions, water, and coals; and I having resolved that, in view of the duties of humanity, which must be extended to him, and which do not compromise other duties, equally sacred, of loyalty towards the flag of a friendly nation, he should be permitted to furnish himself with whatever provisions and water he may require, and with twenty tons of coals, which I consider sufficient to enable him to leave this port without danger, and to cook provisions on board, I now inform you hereof, in order that you may be pleased to authorize the shipment of the said quantity of coals, and using your supervision in not allowing these limits to be exceeded. God preserve you. The Civil Governor, JACINTHO ANTONIO PERDIGAO. Most Illustrious DIRECTOR OF CUSTOMS, Funchal. CIVIL GOVERNMENT OF FUNCHAL, February 29, 1864. MOST ILLUSTRIOUS SIR: I have the satisfaction of informing you that the commander of the ship Florida (south American corsair) has, according to the communication of the port captain and his own verbal declaration to me, in the presence of two persons, accepted the concession granted him for furnishing himself with provisions and water which he needs, and twenty tons of coals, the latter having been agreed with you, and I having consented thereto, as a sufficient quantity to enable him to leave the port and place himself at such a distance as not to fear his being harmed by the American corvette-ofwar now lying in this port, and for purposes of cooking on board; and the said commander has compromised himself to leave this evening, provided that up to the moment of quitting no American war steamer shall heave in sight, in which case he desires and requires to keep himself under the protection of the flag in whose waters he is now riding at anchor. He, however, has asked me that, following the example of what is done in the ports of other nations all means might be employed towards obtaining that the United States war ship now in this port may only leave this port twenty-four hours after his departure; and it being my desire to maintain complete impartiality, thus communicate the same to you, hoping that you will agree with the commander of the American corvette now here, so as to comply with the said request, which I consider reasonable and in harmony with those principles of equity which are due to all. Be pleased to acknowledge receipt of the present despatch, and to reply thereon as you think fit. God preserve you. The Civil Governor, JACINTHO ANTONIO PERDIGAO. Most Illustrious VICE-CONSUL OF THE UNITED STATES. FUNCHAL, March 1, 1864. MOST EXCELLENT SIR: I have the honor of informing your excellency that the American steamer Florida left the port last night, about 8.30 p. m., having received the provisions and water which she desired, and the twenty tons of coals which your excellency permitted her to take. God preserve your excellency. JOAQUIN PEDRO DE CASTELBRANCO, Post Captain R. N., and Captain of the Port. His Excellency DON JACINTHO ANTONIO PERDIGAO, Civil Governor of the District of Funchal. Pirate Morris to the Captain of the port of Funchal, &c., &c., &c. C. S. STEAMER FLORIDA, Off Funchal, February 28, 1864. SIR: In answer to your request that I should leave this port immediately, I have to state that it is utterly impossible to comply. I would state that I arrived here last night at 11 o'clock, and am out of coal, and require water and bread, and do hereby enter my protest against being forced to leave without the above-mentioned necessaries, and must decline doing so. Should any mishap befall this vessel while out of fuel your government will be responsible for the same. It is actually necessary to have coal, not only for the purpose of propelling the vessel, but also to make fresh water, as this vessel carries a very small quantity of the latter. I only ask for what the English, French, Spanish, and Brazilian governments, and also your own government, have alalready granted to our vessels. I have the honor to be your most obedient servant, Capt. JOAQUIN PEDRO DE CASTELBRANCO, Captain of the Port of Funchal, &c., &c., &c. |