The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1850-07-21

Ambassador on the Esd ofDecember, with the follow
ing parsgrAyh
Nor eanb bis Royal Hghness avoid viewing this ana
in the light 1t is represented, attacking his sove
reignty and independence. by the manifest violation
OF his territory in the infringement OF it's neutrality
which ought to have been observed by the Two bel
hgerent powers. Not q moments delay ensued In
causing TO be addressed TO the British Minister at th
court, the tote which Is confdentiay com
his Royal nighness directed his Minister in Lonsor
TO make the reclamation so serious the offence
requires
conhdentiaily to Mr. sumpter still forms the grand
argument Of the American claimants pom Portua raj
for damages modestiy set at $500 500 and as The
Erglish government always contested tho facts "a
hastily adopted by the Marquis Of Aguiar 1t by no
means follows that Portugal would have any shadow
OF claim upon England even il America could make
out good cause against Portugal in consequence OF
her precipitate admissions which however ca OF be
construed into an obligation to pay the losses OF the
owners OF the General Armstrong lin the English
government refused il did ~, to admit the
claim either upon the fscts or upon the principles
laid down in the Law OF nations whilst il readily made
reparation for the Incidental losses OF Portuguese
jects at fayh
The psners from which quote were with the ex,en.
tDr Of LIEUTENANT fawsstts &c position submitted ia
Congress at WashiDgton in 1875 aud consequently ts
Americans VII net qnestion their authenticity In
them find letter OF the Goth Of Septem Der sent
during the night by the comm nder of the British
forces to the Governor Of fsyal, which saws
Permit me TO inform you that Of the boats Of
Ills Britannia Msjsstys SHIP under my command was
without the slightest peovocation, dred ON by the
American schooner General Armstrong in con zee
of which two killed aud seven Won nded
and the neutrality of the port which had determined
to respect has been thereby violated In
OF this outrage am determined to take possession of
protect the force EN- ploy ed for that purpose
TO this the Governor teplied-
must assure you that from the accounts which I
nave received 1t Is certain that the British boats were
the first to attack the American schooner
And In bis dispatches to his government at RIO he
shows this mpression Of the first attack having bee
maze by English armed bOats all dariy rod
from q note sent to him by the American Consul, be
tween . and 10 O'Clock at night, when he states:-
went directly to the Castle, and having been in
termed Of the circumstances which led to these hos
tile proceedings learnt that boat had been sent
rom ,he Brtsh ships OF war to examine the prvateer
aud on its return three others had nj armed
und~stnDd the Governor of Fsyal's subseq tent in
suiries led him to doubt whether the first boat or
boats we're armed or intended to attack the privaee
and wken II Is remembered the whole affair took place
after O'Clock At night IL In than probable IL was
i'm perfectly seep understood on shore and that cha
Gor~rnors first derived from the merican
accounts coupled With the usual up On
such occasions led him to give very biased account
To MS government and caused the Of Aguiar,s
pr mature admissions to the American Minister
The papers submitted TO Congress in lsl5 pass 40
once from 1914 10 to the "a OF June, 1884, when y
ind the Department Of state at Washington wrote
Captain Reid
The situation of Portugal is such as to render the
present an unsuitable time for presenting Any claim
however Just upon the government when the poll
teal affairs Of that country become settled your me-
MORA, WI, receive proper attention and such mea
sures VIII be adopted Tor your relief the circ
stances Of the case may appear to ju stify.u
Prom ibis infer The claim had bs urged upon
for twenty pears and that three years
elapsed before it presented on the 18th of Fe-
brusry 1857. to the Fiscsunt- Sa da Bandeira when
ministry OF Foreign suars, shortly after the revolu-
tior Of september 1885, that after being referred for
inquiry and noticed by his successor, the Duke OF
Iercer \ in 1872. it was ultimately contested upon
fact su1 upon principle by NJ. Secretary Comes di
Castro, - note of the Sd Of August. IS43. In this
note the Portuguese Minister does not appear to have
been sSnre OF Lieutenant fawsett's deposition at
faysi, Dat after referring to the conflicting state
states -
" IL e, however an undesirable fact that the first
shot eane from on boGd the prsstee thus evidently
constituting her the aggressor and vioator of The
nen,rsliy Of the port OF friendly nation by whom
sbe bad been received eth all kindness -and giving
rance for the confet which Afterwards took place,
NTH most serious cant of that respect due to the
Portuguese territcry.n .s
And he note continues very fairly to argue that the
fnt sbot would have relieved Portur from any claim
the pr,vateer might possibly have had against it ms
fsyni possessed aed refused use, the nee essary
means 10 protect an unohendDg b-iligerent. instead
OF being as II Is confessed that be had in the island
only cue hundred Infantry and artillery soldiers
with tie castle guns In ruined state, and incapable
OF any Efficient detsnce The Governor did all in his
power by remonstrsnce to Captain Lloyd and As the
General Armstrong could neser expect resist the
three hips Of resolved TO take her. Captain Reid
Should also have confined himself to reInonstrance.
Hac D proved his vessel TO have been tskea without
provoeation in a neutral port, Captain Lloyd mast
have given IL in the rornng at the astan:e OF the
con- there she could not fail being released. With
cost and damages as an Illegal prize. and thus Por
trgse would have been freed from oisn she had no
possible EeaEs OF avoiiipg, Ia the situation the two
bclliyerents placed the Governor OF Faysl-
shl not hero discus the claim With reference to
The Lew Of nations so literally quoted IN the papers
before me- but contenips myself with the preceding
stat ment 81 facts, leese your readers TO draw their
IN, OF a6e no Tp"ST, rho q. s""ro,ar1
VI tate at Was' ibgon, made the folio wing commu
nicstion to hr tsmuei q. Read, Jun. lawyer, aud
.tn Of The captain Of the priyateer, on the 10th OF
'At The repeated Instance Of youraeif and Others,
In tbs case Of the privatser General Arm
ftrcDg ths Government has again and ssin instruct
ed It's reIIcsensves ut Lisbon 81 bring the claim to
the roiics Of the government OF Portugal This has
been done aud every argument has been employed TO
induce Tor ugal TO acknouiedge the justice AZ the
claim and 10 make due reparaiion. All these efforts,
OF which you are well aware, have proved uuavaihng,
and the ~ psTtment OF state IL willing un der all
the circuu stances 10 the Application having
every 10 believe shat all future apple stions
ment and opportunity have been exhausted. and this
sCvcfnmeut can nothing m the Circumstance to
justify warrant IL In having recourse to any Other
No une will say the American government is at any
time inclined 20 acknowledge the astice or clsims
set forth ~ its subjects on foreign po~crs as IL
shows laudabe perseverance, In supporting them to
tie lat; consequently. Mr. upshurs decsrston that
the circumstances in this did not Justify the In
forcsnent OF the c,aim. viii be generally considered
conclusive and psfioularly a. Il made twenty ave
days after Mr. Reid Jun had sent to the Department
Of state the best refutation his forensic talent ana
interest Ia the could suggest In reply TO the Por
tuguee note of the % Of August lSs which had been
Ca him.
will not nov refer 20 the Yloyed toinduce
some Of Mr. upshure In the Department Of
state Go reconsider the and restore " 90 the debit
eide Of the account against Portuss but think have
sisted sufficient 70 prove that III u not. as believe
utterly untenable, II Is at all events 90 doubtful
as to quality as arbitrary and unjust the
sal Of the American government TO refer II TO the
arbitration Of the King OF sweden, or any other
mari, me power whilst that honorable and conciis-
tory proposal Of the Portuguese government proves ts
perfect reliance upon the justice Of It's cause for
such claim as this. cannot believe the American
Congress will authorize eocrsve measures against SO
weak government.
believe Mr. Clay has not yet ofhcially stated the
claim Of the General Armstrong TO amount TO the
SEQ eco 60 which it has been extended BY the Ame-
r,csn "fscitco' owners and crew. notwithstanding
Messrs. Jenkins aud Havcns, the vessels agents NJ
New York. had written 20 Mr.. Secretary Monroe on
the 18th OF December, 1914 that her csst and OUTFIT
did not exceed $40 coo and the expenses at fsya 800
have made no ceremony In thus giving the opin-
len dave formed OF the General rmstrong claim, be-
cause have no doubt the Portuguese government
will continue TO reject ID in toto aud mr Clays rln-
safuys expiring the 18th OF July, will make ~