James E. Harvey to the Count de Castro, November 14, 1865

Mr. Harvey to Count de Castro

Sir: I have the honor to acknowledge the receipt of your note of the 7th instant, which was only delivered at this legation at 6 o’clock last evening, six days after its date.

The general facts relating to the unfortunate event, to which your excellency invites attention, had already been brought to my notice by the consul of the United States, and the measures taken by him and by the officers of the United States ships-of-war in port, for the purpose of investigating the alleged crime and tracing out the criminal, were adopted with my knowledge, privity, and co-operation.

It appears from the inquiries made through this legation, that a seaman belonging to th United States transport ship Guard was badly maltreated by some of the boatmen who pursued their calling at the Caes do Sodré in the afternoon of the 24th of October, and that subsequently, when one of that ship’s boats reached the quay at about 6 o’clock, and while its crew were in the act of transporting their disabled and wounded comrade to the boat, a general broil ensued between the Portugese boatmen and American sailors, during which one José Manuel was stabbed by some unknown hand, and subsequently died of the wounds.

As it was alleged that the fatal blow had been struck by one of the sailors of the Guard, the commanding officer of that ship, upon being made aware of the charge, immediately and of his own accord ordered all the seamen attached to two boats which had been on duty, and five others who had been ashore on liberty, under strict arrest to await judicial examination, and he proceeded to make an inquiry himself, with a view of discovering the criminal, if he was on board the ship. That inquiry made no disclosure affecting any of the seamen in question, but the arrest was nevertheless continued.

Inasmuch as a report had gained currency that the offender could and would be promptly identified by various witnesses, if all the seamen said to be implicated were produced, the consul of the United States, at the instance of the commander of the Guard, addressed a note to the civil governor on the 2d instant, stating his readiness and desire to furnish that opportunity, and to have instituted the most searching investigation.

Accordingly an appointment was made for an examination at the arsenal on the 4th instant, which was attended by his Majesty’s administrador, the United States consul, the commander of the Guard, and other officials designated for that purpose. The fifteen seamen were ranged in line, subject to the fullest scrutiny of four witnesses who were brought forward; not one of them had been engaged in the melee, and of whom two were boys. The recorded evidence establishes that there is not a particle of proof to criminate any particular individual, or to fix the responsibility of this grave crime. In the absence of such proof or of any evidence that would be recognized in a court of law to hold a person charged to answer for crime, it is necessarily impossible to make delivery of a criminal who is not known, and who as yet has avoided all efforts at discovery, if he really be one of the seamen suspected. But there is every disposition on the part of this legation, and of the officers of the ships-of-war, to promote the course of justice, and to that end every aid will be given for further investigation, in any proper form that may be indicated by his Majesty’s government. Although there is no treaty of extradition between Portugal and the United States, all questions of form will be waived in order that the criminal may be brought to a speedy trial, if he is within the jurisdiction or under the protection of the American flag. And with a view of leaving no duty undischarged, the whole case will be at once presented to the notice of Rear-Admiral Goldsborough, who arrived in the Tagus this morning, so that such additional measures may be adopted as his superior authority over the fleet will authorize.

Without the least desire to avoid responsibility, or to depreciate the seriousness of this crime, it may be suggested as worthy of consideration, whether in the confusion of a broil at nightfall, in which a large number of persons were engaged, there can be any reasonable certainty without clear and convincing testimony, as to the individual who may have inflicted the fatal wound, or whether the blow was struck intentionally or accidentally. The Portuguese boatmen largely outnumbered the American sailors, and it is very remarkable that not one of those engaged in the affray should have appeared at the arsenal, to testify at the examination which they were notified was to take place. There is no doubt but their cruel treatment of one of the seaman was the provoking cause of the quarrel and of its lamentable consequence.

The occasion is a fitting one to call the attention of your excellency to the imperfect police at the Caes do Sodré, and to suggest the propriety of designating a special landing for boats belonging to foreign ships-of-war, or at least of establishing some regulation, by which they may be protected against the constant outrages of boatmen who throng that quay and obstruct free communication.

Since writing the foregoing, Admiral Goldsborough has called at the legation and been informed of this note. He fully concurs in its suggestions and stands ready to afford every facility for the most thorough investigation, and to assist personally in any manner that will best promote that object.

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