Harvey to William H. Seward, July 30, 1861

Mr. Harvey to Mr. Seward.

Sir: I received a note from Mr. d’Avila, the minister of foreign affairs, yesterday, requesting an interview with me at 4 o’clock. I called at the foreign office at the appointed hour, and he immediately presented the original draft, in Portuguese, of a proposed proclamation, of which I enclose a translated copy, marked No. 2. After hearing it read and reduced into English, I expressed my acceptance of its general scope and spirit, but expressly demurred to the declaration at the end of article 2, by which armed vessels are placed in the same category as privateers in regard to prizes. Although I knew it was of no practical importance to the United States under present circumstances, it was easy to foresee that in the event of war with England or France, and with their ability to blockade our ports, that prizes taken by American ships-of-war would be thus excluded from Portugal and her possessions. Hence my objection to that point. I told Mr. d’Avila that it went beyond the treaty of Paris, upon which the proclamation was professedly predicated, and that it did what I had sought to avoid by introducing indirectly our domestic question. He said his object was to exclude the prizes of vessels-of-war of the so-called Confederate States, in case they should create a navy, and thus to guard against any future complication. To this suggestion I answered that, as we were not dealing with supposititious or hypothetical cases, it was necessary to adhere to the practical question, and, as we had stated, on the basis of the declaration of Paris in regard to privateering and his own preamble set out with that statement, the introduction of any extraneous matter would be not only irrelevant, but likely to defeat the object which both sides alike professed to have in view. He did not respond to this suggestion, but agreed to let me take the rough draft, in order that I might submit whatever observations might occur to me as appropriate.

I prepared the accompanying note (marked No. 1) this morning, and sent it to Mr. d’Avila an hour ago.

There are two councils before which such questions are considered; first, the council of ministers or the cabinet; and second, the council of state, which is a larger body, and includes the cabinet and other distinguished persons. I understood Mr. d’Avila to say that the draft of the proclamation had been laid before the former, and approved by them, and that my proposed amendment must, therefore, be presented at another meeting. I have reason to believe that my note of Saturday precipitated this action, which, in a country where diplomacy is proverbially slow, exhibits unusual promptitude.

I am, sir, very respectfully, your obedient servant,

No. 2.

It being convenient, under existing circumstances, to carry out the execution of the principles contained in the declaration of Paris of 16th April, 1856, made by the representatives of the signing parties to the treaty of peace of 30th March of the same year, to which my government hath adhered, I am pleased hereby, having heard the council of ministers, to decree the following:

Article 1.

It is prohibited to Portuguese subjects and foreigners to equip in the ports and waters of this kingdom, not only on the continent and adjacent islands, but also in the ultramarine provinces, vessels destined for privateering.

Article 2.

In the same points cited in the preceding article it is equally prohibited the entry of privateers and prizes made by them or by armed vessels.

§°. All cases of force, (majeure,) wherein, according to the rights of nations, hospitality becomes indispensable, are excepted from this clause without, however, allowing, under any form, that the sale of objects arising from prizes shall take place.

Let the ministers and secretaries of state of all the departments understand these presents, and cause the same to be executed.