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

MARTIN Dr. HERNANDEZ,
Charge d'Affaires of Spain.
M. le Baron de Taroandaro, Vice-AdnaLal &c.,

(Signed)

Legation of Portugal, Monte Video, Oct. 19, 1864.
Your Excellency,—l had the homiur of receiving yester-
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 Brezil, 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
u?on land, you acquaint me that your Goveinment, de-
sirous not to hamper commerce nor to disturb peaceful
subj eta 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 Goveinment of his Impe-
rial Majesty had resolved that his army should expel the
forces which, depending upon the Government of the Re-
public, i,anisen the towns north of the Rio Negro, and to
retain these 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 garrisons should not receive assistance from the
capital, nor be able to move by means of the rivers frima the
points at which they ore now placed. 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
Excllency will be relieved from fulfilling the painful and
indispensable duty of exercising constant vigilance over
them, and of seiztrg such contraband of war as might be
on board,

Without discussing th© contents of your Excellency's
nob, 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 circumstances
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 seizs the
merchantmen of any nation navigating, under the faith of
solemn treaties, waters essentially free, not even bordered
by Crazll.

I cannot conclude the present note wahout 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 cent tins numerous aad important interests
of the subjects of his faithful Majesty the King my august
Sovereign—should occasion them damage and injur thy
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 Baran de Tamandare, &a., &c.