The Sun.
London, England, 1864-12-14 00:00:00

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law. for my Government watches with great interest those
guarantees and securities which give its subjects established
rules and principles.

The vigilance to which your Excellency speaks of sub-
jecting the Spanish ships which navigate these rivers com-
prehends the right of search—a right I must reject, pro-
testing against such a pretension with the utmost energy,
so long as there has not been a declaration of war between
the Imperial Government and that of the Eastern Govern-
ment, nor the antecedent of a notification of blockade.

Without similar declarations established by the right of
nations, and the practice followed by all peoples, there can
be no belligerents and consequently no neutrals. How then
could the laws relating to right of search and the seizure
of contraband of war be applied under the simple name of
reprisals ?

1 fulfil a duty in stating to your Excellency that it is im-
possible for me to admit that the naval forces under your
orders should arrogate to themselves the right of stopping
and searching Spanish merchantmen navigating waters
essentially free (which do not wash any territory of the
empire), as such acts might occasion complications which
it is the interest of all to seek to avoid.

Before concluding this note, I feel it my duty to add that
.in case the operations of war your Excellency announces to
me under the name of reprisals, against the towns of this
Republic to the north of the Rio Negro, should occasion
injury to Spanish interests and Spanish subjects, who are
established there in great numbers, it will be for the Go-
vernment of the Queen, my sovereign, to which I shall
communicate your Excellency's note and my reply, to judge
how far the responsibility for the injury occasioned ought
upon-thr-Govtrfament of his Majesty the Emperor of
Brazil.—l take this opportunity, &c.,
(Signed) MARTIN DE HERNANDEZ,
Charge d'Affaires of Spain.
M. le Baron de Tamandare, Vice-Admiral &a.,

Legation of Portugal, Monte Video, Oct. 19, 1864.
Your Excellency,--I had the honour of receiving yeeter-
day.the note your Excellency was good enough to forward
under date of the 11th inst. In this note, after recapitu-
lating the result of the special mission sent to the Eastern
Republic by his Majesty the Emperor of Brrzil, and the
instructions given to your Excellency by the chief of that
mission to exercise reprisals by sea while the Brazilian
army passed the frontier to carry out similar measures
upon land, you acquaint me that your Government, de-
sirous not to hamper commerce nor to disturb peaceful
subj.2cts or foreigners solely occupied with trade,
had determined to let the effect of the reprisals fall upon
those more nearly dependent upon the Government of
the Republic, and thus to force it to give the satisfaction re-
quired. You state further that, moved by the subsequent
proceedings of this Republic, the Government of his Impe-
rial Majesty had resolved that his army should expel the
forces which, depending upon the Government of the Re-
public, ,arrison the towns north of the Rio Negro, and to
retain those towns in reprisal until such guarantees and
satisfaction as had hitherto been va,nly demanded should
be given, and that for this purpose your Excellency's squad-
ron would co-operate with the said army, using every effort
that these garrisoias should not receive assistance from the
capital, nor be able to move by means of the rivers from the
points at which they are now plated. For this purpose your
Excellency requests that orders shall be given to the ships
employed in the navigation of these rivers under the flag of
My nation neither to receive troops or munitions of war,
nor to transport them from one point to another, thus ob-
serving befitting complete neutrality, as in this way your
Excellency will be relieved from fulfilling the painful and
indispensable duty of exercising constant vigilance over
them, and of seizing such contraband of war as might be
on board,

Without discussing the contents of your Excellency's
note, I may be allowed to inquire whether, in view of the
principles universally recognised, and war not having been
declared between Brazil and the Eastern Republic, nor the
blackade notified, with the formalities and circumstanced
required by the law of nations, and the practise of civilised
peoples, in such a case either belligerents or neutrals can
be said to exist ? And is it possible to exercise the right of
search and arrest under the name of reprisals ?
Your Excellency, however, considers that all these rights
are gained by simply warning foreign nations that naval
and military operations are about to take place.
I am unable to abstain from declaring to your Excellency
that it is impossible for me to admit that the ships under
your orders have any rigbt to search, detain, or seize the
merchantmen of any nation navigating, under the faith of
solemn treaties, waters essentially free, not even bordered
by Crazil,

I cannot conclude the present note without adding that,
in case the operation of war, announced under the name cf
reprisals, against the populations to the' north of the Rio
Negro—which contains numerous mad important interests
of the subjects of his faithful Majesty the King my august
Sovereign—should occasion them damage and injury , my
Government will decide in how far the responsibility for
such damage and injury shall fall upon the Government of
his Majesty the Emperor of Brazil.

I avail myself of this opportunity, &c.,
LEONARDO DE SOUZA LEITE ACEVEDO,
M. le Baron de Tamandare, &0., &c.

The Sinking of the Florida.

A correspondent of the New York World, writ.
ing from Fortress Monro on the 29 .h ult., gives the
following accou-nt of the sinking of the Florida :
On the 18th inst. the Florida, then lying at anchor in
Hampton Roads, was ordered by the Navy Department to
be taken up the James river and anchored under the guns
of the ram Atlanta, off Newport News. She was com-
manded by Acting Master Jonathan Baker, who had a
crew of ten men, and there were besides Third Assistant
Engineer Lannan, an acting ensign, and four firemen.
On the 19th the Florida was ordered to Nortele to coal,
and just before starting was rue into by the transport
steamer Alliance, and very seriously damaged. The
transport struck her on th 3 bow, knocking off her head
chains and booms and otherwise injuring her. She was
in very bad condition when captured, and all the time
since her arrived here she has leaked so badly as to keep
the steam pump engaged continually. The collision with
the Alliance greatly increased the volume of the water
which constantly poured into her, causing her to fill at
the rate of eight inches an hour. On the arrival of the
Florida at Newport News an additional pamp was secured
from the Atlanta, and the two were kept uninterruptedly
at work. The position of the vessel was about half a mile
from the shore, and three quarters of a mile below the At-
lanta. Here she had remained since the 20th. A. very strict
watch had been kept day and night, as it was supposed that
measures might be taken by the rebels to attempt her de-
struction from the shore. About 9 o'clock on Sunday even-
ing one of the pumps on board suddenly gave out, throwing
an additional burden upon the remaining one, though the
water was for a time apparently kept down as before. At
half-past 12 Mr Baker inspected the pump, and, observing
that the water was not then gaining, retired. An hour after-
wards the engineer in charge reported to him that he could
not keep the vessel clear, and that the water was gaining con-
stantly. The commander immediately called all hands, the
deck pumps were rigged, and they commenced baling ac-
tively. The Atlanta was also signalled without delay, and
two boats' crews were hurried from the ram to the aid of the
sinking vessel. Before they arrived, however, the eater had
risen considerably above the fireroom floor, so that it was
found necessary to put the fires out. The pump engine was
thus stopped, and the water came pouring in at a fearful
rate. It was impossible at any time, after it was found the
ill-fated chip was sinking, to move her toward the shore,
as there was 711 e pressure of steam—just sufficient to work
the pumps, Neither was there means at hand for towing
her ashore. From the fact that the boilers of the Florida
were constructed for burning soft coal, and there wap only
hard coal on board, it took, under any circumstances, a long
time to get up sufficient steam to work her engines. In
a few minutes after s riding the two boats to the
Florida, Captain Woodward, of the Atlanta, came himself
on board to see what could be done to keep her afloat.
But it was apparent that she must soon sink, and the men
were ordered to save their effects and prepare to leave her
to her fate. 'the Florida kept rapidly filling, so that at 7
o'clock the water was a foot above the berth deck. At the
same time that Mr Baker signalled the Atlanta he sent a
telegraphic message to Admiral Porter at this place, that
the Florida was sinking. The Admiral immediately ordered
the tug page to seam up to the Florida, and tow her into
shoal water towards the shore. The tug came alongside at
7 15, but the Florida was by this time so near sinking that
it was deemed dangerous to attach it, be, in going down,
she would take the tug along with her. A few minutes
after, with eight feet of water in her, she careened over,
and disappeared, stern foremost. Mr Baker and Captain
Woodward remained alongside in the tug until she went
under. The Florida had all her guns and everything on
board, just as when she was captured. The cause of her
sinking is considered undoubtedly to be the collision with
the transport steamer, and it is supposed the Government
will call upon the owners of that vessel for damages. There
is a feeling of general satisfaction among naval officers here
at the fate of the Florida. It is Considered much preferable
to have her disposed here, and indemnity be offered to the
Brazilian Government, than miler the humiliation of taking
her back, and seeing her saluted as she wculd enter the
harbour of Rio Janeiro in triumph, with the rebel flag fly-
ing. This would have been a most bitter bill to the Ame-
rican officers who would have to acc mpany her. It is not
definitely known what caused the water suddenly to pour
into the Florida in so lunch greater volume after mid-
night than on the morning she sank. The engineer thought
that something had happened to the sea-cocks of the en-
gines, and others supposed that some portion of the t °Uwe
planks had given way. After the collision with the
Alliance, the Admiral caused her to be lightened eatlal
feet, so as to have less surface under water.