James E. Harvey to the Duke de Loulé, March 29, 1865

Mr. Harvey to Count de Loulé

Sir: The unpleasant duty is imposed upon me of bringing to the attention of his Majesty’s government an event which is officially reported by the letter of Commodore Craven, communicated herewith, (marked No. 1,) and which, unexplained, assumes the nature of an act of war on the part of the Portugese against the United States, without notice, cause or provocation of any sort. The facts of this case are so extraordinary that it is difficult to believe they could have occurred in a community governed by the laws and usages of civilized society.

The United States steamers Niagara and Sacramento arrived in this port on Monday afternoon, the 27th instant, and upon entering the harbor were verbally requested by some officer claiming to represent the naval authorities to anchor near Belem, as much anxiety and apprehension were entertained, owing to the presence in the Tagus of the piratical cruiser Stonewall. Although that request involved considerable inconvenience, and was in no manner obligatory, it was at once respected and obeyed.

The two ships remained off Belem until about three o’clock yesterday afternoon, some five hours after the departure of the Stonewall. Commodore Craven then ordered them to be moved to the usual place of mooring of vessels-of-war, which is more convenient for intercourse with the city. The Niagara was under the charge of a regularly licensed Portuguese pilot in making this change of position, and he alone directed her movements. As soon as the ship got under way to be turned, Belem castle discharged three shotted guns in quick succession directly at the Niagara, without previous warning of any kind. As Commodore Craven supposed that this hostile and unwarrantable act proceeded from some misapprehension on the part of the officer commanding at Belem, the flag of the Niagara was immediately dipped or hauled partly down, a signal which is universally understood to express submission to the governing authority. The guns were reloaded and fired in flagrant disregard of this token. The national flag of the United States was then hoisted at the peak, and while the bow of the ship was actually turned to the city, the guns of the castle again opened fire. These proceedings were witnessed by numbers of persons and are verified in detail by the statements marked Nos. 2 and 3, which accompany this note.

Three of the shots struck the Niagara at different parts of the ship, and if no life was sacrificed, it was not because the gunners at Belem castle did not do their best regardless of consequences. If the Niagara did not respond to this warlike demonstration, as she was, and is still, entitled to do, it may be attributed to the singular prudence and forbearance of Commodore Craven, who with becoming humanity wished to avoid the effusion of blood, and to spare innocent persons from the penalty which they would have inevitably shared with the authors of this crime, if the broadside of the Niagara had been once opened upon Castle Belem. A state of actual war would have then been inaugurated, the consequences of which I do not permit myself to contemplate.

It is assumed with entire confidence that his Majesty’s government has in no way authorized or sanctioned the acts which are now presented to notice, though it is not easy to reconcile the fact of a military officer at all competent to command a post proceeding to such violent extremities without the knowledge or consent of his government. But whether that officer acted with or without instructions, the actual responsibility is the same, though the moral aspect of it may be modified by explanation.

The facts of the case admit of no dispute, and of no extenuation, whether the plea be misapprehension, hot zeal, or ignorance of duty. The amicable relations between governments and the grave questions of peace and war are too momentous in themselves to be committed to the keeping of a caprice, passion, prejudice or partiality.

The conviction is entertained that his Majesty’s government will regard this matter in the only light that it can be viewed with due respect to legal and moral obligations, and will be glad of the opportunity to disavow at once all responsibility for the wrong, accompanied by proper acknowledgment and atonement, to require the flag of the United States to be saluted in form with a national salute by Belem castle, and the national fortifications and ships in harbor at a day and hour to be named for that purpose, and to visit the officer who directed the firing upon the Niagara with the most exemplary punishment.

As it is desirable for both parties that a question of this character should not be allowed to hang in suspense, and as there is no necessity or reason for discussion since the proof is conclusive, the hope is indulged that his Majesty’s government will find it convenient to signify its pleasure within forty-eight hours after the delivery of this note, in order that the decision may be made known to my government, by the British packet which can be intercepted in Ireland on Sunday next by the telegraph.

In closing this communication, I beg to assure your excellency of a sincere and earnest desire on my part to avoid any and every form of complication, and to strengthen friendly relations between the two countries in the most enduring manner.

I avail myself of this opportunity to reiterate the sentiments of my highest consideration and respect.