The Sun.
London, England, 1865-01-17 00:00:00

THE SEIZURE OF THE FLORIDA.

The following is the text of Mr. Seward's reply
to the Brazilian Charge d'Affaires at Washington,
relative to the seizure of the Florida :

Department of State,
Washington, Dec. 26, 1864.
Sir,—I have the honour to acknowledge the
receipt of your note, which sets forth the sentiments
of the Imperial Government of Brazil, concerning
the capture of the Florida by the United States war
steamer Wachusett in the port of Bahia.
You will, of course, explain to your Government,
that owing to an understanding between you and
myself, your note, although it bears the date of the
12th December, was not submitted to me until the
21st inst.

Jealousy of foreign intervention in every form,
and absolute non-intervention in the domestic affairs

of foreign nations, are cardinal principles in the
policy of the United States. You have, therefore,
justly expected that the President would disavow
and regret the proceedings at Bahia. He will sus-
pend Captain Collins, and direct him to appear
before a court-martial. The Consul at Bahia
admits that he advised and incited the captain, and
was active in the proceedings. He will therefore be
dismissed. The flag of Brazil will receive from the
United States navy the honour customary in the

intercourse of friendly maritime Powers.
It is, however, not to be understood that this
Government admits or gives credit to the charges of
falsehood, treachery, and deception which you have
brought against the captain and the consul. These
charges are denied on the authority of the officers
accused.

You will also be pleased to understand that the
answer now given to your representation rests ex-
clusively upon the ground that the capture of the
Florida was an unauthorised, unlawful, and inde-
fensible exercise of the naval force of the United
States within a foreign country, in defiance of its
established and duly recognised Government.
This Government disallows your assumption that

the insurgents of this country are a lawful naval
belligerent, and, on the contrary, it maintains that
the ascription of that character by the Government
of Brazil to insurgent citizens of the United States,
who have hitherto been, and who still are, destitute
of naval forces, ports, and courts, is an act of in-
tervention in derogation of the law of nations,
and unfriendly and wrongful, as it is manifestly in-
jurious to the United States.
So, also, this Government disallows your assump-
tion that the Florida belonged to the aforementioned
insurgents, and maintain, on the contrary, that
that vessel, like the Alabama, was a pirate, belong-
, ing to no nation or lawful belligerent, and,
therefore that the harbouring and supplying of these
piratical ships and their crews in Brazilian ports,
were wrongs and injuries for which Brazil justly
owes reparation to the United States, as ample as
the reparation which she now receives from them.
They hope and confidently expect this reciprocity in
good time, to restore the harmony and friendship
which are so essential to the welfare and safety of
the two countries.

In the position which I have thus assumed the
Imperial Government will recognise an adherence to
rights which have been constantly asserted, and an
enduring sense of injuries which have been the sub-
ject of earnest remonstrance by the United States
during the last three years. The Government of
Brazil is again informed that these positions of this
Government are no longer deemed open to argu-
ment.
It does not, however, belong to'captains of ships
of war of the United States, or to the commanders
of their armies, or to their consuls residing in
foreign ports, acting without the authority of the
Congress, and without even executive direction, and
choosing their own time, manner, and occasion, to
assert the rights and redress the wrongs of the
country. This power can be lawfully exercised only
by the Government of the United States. As a
member of the family of nations, the United States
practice order, not anarchy, as they always prefer
lawful proceeding to aggressive violence or retalia-
tion. The United States are happy in being
able to believe that Brazil entertains the same sen -
timents. The authorities at Bahia are understoo d
to have unsuccessfully employed force to overcome
the Wachusett and rescue the Florida, and to hav e
continued the chase of the offender beyond the
waters of Brazil out upon the high seas. Thus, in
the affair at Bahia, subordinate agents, without
the knowledge of their respective Governments
mutually inaugurated an unauthorised, irregular
and unlawful war. In desisting from that war on
her part, and in appealing to this country for re-'
dress, Brazil rightly appreciated the character o
the United States, and set an example worthy of
emulation.
The disposition of the captured crew of the
Florida is determined upon the principles which I
have laid down. Although the crew are enemies
of the United States, and, as they contend, ene-
mies of the human race, yet the offenders were
neverthelsss unlawfully brought into the custody of
this Government, and therefore they could not law-
fully be subjected here to the punishment which
they have deserved. Nor could they, being ene-
mies, be allowed to enjoy the protection of the
United States. They will therefore be at liberty to
seek a refuge wherever they may find it, with the
hazard of recapture when beyond the jurisdiction
of this Government.
The Florida was brought into American waters,
and was anchored under naval surveillance and pro-
tection at the Hampton Roads. While awaiting
the representation of the Brazilian Government, on
the 28th November, she sunk, owing to a leak
which could not be seasonably stopped. The leak
was at first represented to have been caused, or at
least increased by a collision with a war transport.
Orders were immediately given to ascertain the
manner and circumstances of the occurrence. It
seemed to affect the army and the navy. A naval
court of inquiry, and also a military court of in-
quiry, were charged with the investigation. The
naval court has submitted its report, and a copy
thereof is herewith communicated. The military
court is yet engaged. So s6on as its laboirrs shall
have ended the result will be made known to your
Government. In the meantime it is assumed that
the loss of the Florida was a consequence of some
unforeseen accident, which casts no responsibility
upon the United States.
I avail myself of this opportunity to renew to
you, Sir, the assurance of my high consideration.
WILLIAM H. SEWARD.
Senhor Ignacio de Avellar Barboza da Silva, &c.

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