Duque de Loulé to James E. Harvey, March 31, 1865

The Duke de Loulé to Mr. Harvey

I received yesterday the note which you were pleased to address to me under date of the 29th instant, calling attention of his Majesty’s government to the disagreeable occurrence which on the previous day had taken place with the United States ships Niagara and Sacramento.

You observe—

1. That these two vessels having entered the port of this Capital on Monday, the 29th instant, it was virtually requested of them by a naval officer, in the name of the respective authority, that they would anchor near Belem, seeing there existed apprehensions and fears owing to the steamer Stonewall being then in the Tagus, a request which Commodore Craven respected and obeyed, notwithstanding that it implied great inconvenience, and was not in any way obligatory.

2. That both vessels remained at the point thus indicated to them until near 3 p. m. of the day before yesterday, near five hours after the starting of the Stonewall, the said commodore issuing then his orders to weigh anchor and proceed to the usual mooring ground of men-of-war, which is less inconvenient for communicating with the shore; but that as soon as the Niagara commenced moving, so as to turn round, three shots in succession were fired directly at her, without any previous warning of any kind from Belem fort.

3. That Commodore Craven, supposing this hostile and unjustifiable act to proceed from some misapprehension on the part of the commander of the tower, immediately lowered his flag as a signal universally acknowledged to express submission to the constituted authority; but that, notwithstanding, they continued to fire on him in flagrant disregard of said signal; and that hoisting then the national flag of the United States at the peak, and when the bows of the Niagara were already turned towards the city, the firing was continued, three of the shots striking that ship in different points.

You add that you have full faith in the fact that his Majesty’s government in no way authorized or sanctioned the acts to which your said note refers, but that whether said officer acted under instructions or not the responsibility is all alike, however much its moral aspect may be modified by means of explanations; and you conclude by declaring that you confide in his Majesty’s government that it will not deny that prompt and complete reparation which may be due, and will hasten to make known its disapproval of the conduct of whosoever may have thwarted its good intentions, and have offended the flag of the United States.

Taking into due consideration all that you have exposed, and assuring you that his Majesty’s government preserves unaltered its desire to maintain and strengthen every day more and more its friendly relations with the United States, it is my duty to add that the facts treated of in the note you were pleased to address to me yesterday shall not put a stop to this desire in presence of the following frank and loyal reply:

With respect to the first of the three above-mentioned points, it is my duty to say that in Portugal, as in all other civilized countries, it is the exclusive attribute of the national authority to regulate the police of its ports in such manner as may be judged most convenient.

To Commodore Craven were indicated, by the competent authority, the points in the Tagus where the two men-of-war, Niagara and Sacramento, should anchor. On this occasion Commodore Craven did not manifest the slightest wish to select any other anchorage, and nobody could have supposed that he did not consider as obligatory in the port of Lisbon that which is so in all other military ports. Further, if Commodore Craven entertained any doubts on this head it would have been natural for him to have requested information thereon from the authority who communicated to him said information, but no information was asked for, which shows that the point indicated and accepted as anchorage was considered obligatory.

With regard to the second point, it occurrs to me to say that the authority who transmitted to Commodore Craven the indication as to the anchorage ground, informed him at the same time that the Niagara and Sacramento, having entered the port of Lisbon, should not leave until after the lapse of twenty-four hours from the starting of the Stonewall, which was then in the Tagus waters.

Five hours had not yet elapsed since the Stonewall had weighed anchor and quitted the port, when the Niagara and Sacramento began to move, keeping their bows turned towards the bar.

The Niagara gradually approached the tower of Belem, and always with her bows in the same direction.

Notwithstanding that this vessel had anchored near the Portugese corvette Sagores, whence had emanated the above-mentioned communications, Commodore Craven did not intimate either to the corvette or to the competent authorities the movement which he intended to execute. It must be further added, that if the Niagara had kept her moorings for a very short time longer, the turn of the tide to the ebb would have placed her in a position to proceed to the new anchorage grounds, and to avoid the movements which gave rise to the shots from Belem tower.

Through this concurrence of circumstances it was to be supposed that the movements of the United States ships indicated the purpose of quitting the port of Lisbon.

I must call your attention very particularly to this point, because, if Commodore Craven had manifested his desire to change his anchorage, the authorities would not have opposed themselves to the carrying out of his wish, and all the subsequent events would have been avoided.

With reference to the last part of your note, I must bring under your consideration that in conformity with international rights, his Majesty’s government could not, and ought not; to abstain from its duty of issuing the necessary orders to prevent, by every means, the sailing of the Niagara and Sacramento before the stipulated time.

In consequence of the first movement of the Niagara it became the duty of the governor of Belem tower to order the firing so long as the ship did not indicate that her movements had not for their object the quitting of the port of Lisbon, but immediately that Commodore Craven showed that he had not such an intention, and hastened to make a signal indicating submission to the warning given him, the governor of Belem tower ought immediately to have ceased firing.

This did not happen, as the firing still continued after the Niagara had changed her direction, and receiving the last shot when she was already steering with her bows turned towards the city of Lisbon.

Commodore Craven’s prudence displayed in this last period is worthy of praise.

With that frankness and loyalty which guide the conduct of his Majesty’s government, and from which it never swerves, it is my duty to declare to you that the shots fired from the tower of Belem subsequently to the moment in which the Niagara lowered her flag constitutes a fact which his Majesty’s government deeply deplores—a fact which was completely independent of its will, and which is deserving of its disapproval; the conduct of the governor of Belem tower, who went beyond the instructions communicated to him, being in this part worthy of reprimand.

Under these circumstances his Majesty’s government considers that a reparation is due to the United States, and in conformity the governor of Belem tower shall be dismissed without delay; his dismissal shall be published in the first order of the day of the army, and subsequently in the Diario.

This categorical explanation precludes any idea that, on the part of his Majesty’s government there existed the remotest intention of offence to the flag of the United States.

But a very short time ago, in its conduct towards the Stonewall, did his Majesty’s government, give evident proof to the United States of how much it has at heart the acting with justice and loyalty.

In virtue of the foregoing considerations his Majesty’s government thinks that no doubt can exist regarding the sentiments which have always animated it in continuing in good and amicable relations with the United States, and which it desires to strengthen more and more.

I avail of this opportunity to renew the assurances of my most distinguished consideration.