Rufus King to Marquez de Loulé . Alberto Antonio de Moraes Carvalho . Visconde de Sá da Bandeira . Carlos Bento da Silva . Thiago Augusto Velloso de Horta . Antonio José d’Avila, August 22, 1861

Mr. d’Avila to Mr. Harvey.

The councillor of state, Antonio José d’Avila, presents his most attentive compliments to Mr. James E. Harvey, and has the honor to remit him the enclosed copy of the decree of the 29th of July last, published according to the last form given thereto, after hearing the council of state.

[Translation.]

Ministry of Foreign Affairs.

It being proper, in view of the circumstances at present existing in regard to the United States of America, to carry into effect the principles established in the declaration of Paris of April 16, 1856, made by the representatives of the powers that signed the treaty of peace of the 30th of March of that year, to which declaration my government acceded, and likewise, for the same reason, to adopt other measures which I deem opportune, I have been pleased, after hearing the council of state, to decree as follows:

Article 1.

In all the ports and waters of this kingdom, as well on the continent and in the adjacent islands as in the ultramarine provinces, Portuguese subjects and foreigners are prohibited from fitting out vessels destined for privateering.

Article 2.

In the same ports and waters referred to in the preceding article is, in like manner, prohibited the entrance of privateers and of the prizes made by privateers, or by armed vessels.

§ The cases of overruling necessity, (força maior,) in which, according to the law of nations, hospitality is indispensable, are excepted from this regulation, without permission, however, being allowed, in any manner, for the sale of any objects proceeding from prizes.

The ministers and secretaries of state in all the departments will thus understand, and cause it to be executed.