The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1850-08-27
gives the population of the county according to
Our Claims ON PorturaI

After despatchng the steamer of war Mississippi
to convey the intelligence of the failure of the ne
gouation TO his government, MIR. Clay embarked
on board the Independence frigate, under the COM
nand of Commodore Morgan, who proceeded to
Gibrslter, on his way to resume the command in
the Mediterranean. The departure of the Amer-
can Minister, on the 10th inst, was not followed
by immediate hostities, as had been anticipated
at first, ana the whole proceedings will be submit
ted 10 Congress, before any stringent measures are
adopted To enforce the claims. Nevertheless, the
trade of Portugal will suffer from the higher rate of
insurance, as no enc can foresee what course the
free and enlightened citizens of the model repub-
lie may decide upon, and Portuguese vessels may
be seized without any further notice.
Meanwhile il will be interesting to know the
exact state OF the question. Alter the proposals
ing claims TO arbitration had been rejected, they
finally agreed to the payment of all demands, un-
der protest, except that for the General Armstrong,
which they refused to acknowledge. They
companed this refussl however, by an offer to
submit the claim TO the decision of the KING of
Sweden, or any other friendly sovereign. This
must now be considered the only bone OF conten-
ton between the two countries, and shall ther,-
FORE lay the chief stress upon it, after briefly touch
ing upon the other demands.
One of the claims is for l0,0S9 seized on board
the Shepherd, Capt j. Hall, on the 18th February,
lS25. BY The ancient laws of Portugal the ship
ment of coin was absolutely prohibited, and rem
dered the cuprit liable TO capital punishment The
plea set up In defence of the captain was, that he
had brought the money from Antwerp, and sem
tence was pronounced II the first instance, in his
favor. Tins was appealed from, and reversed; but
on second appeal the original sentence was duly
confirmed, and an order issued for the immediate
delivery Of the specie to the captain So far every
step perfectly legal and, in the case of Bri-
fish subject, no further proceedings could have
been commenced without violation of Oliver
CromwelPs treaty. 1t is TO be presumed that the
citizen of the United States did not then enjoy
the same privilege, or his government ought 10
have interposed at once TO protect him. Notwith-
standing this decision, on the 22d April 1888, Don
Miguel, the de taeto sovereign, acknowledged by
the United States, was gracously pleased to order
a trial. In virtue of this royal order, the
sentence was reversed, on the ground that the
captain had violated the laws of the custom house
by not manifestng the money on board his vessel
when he first arrived in the port of Lisbon. No
doubt can be entertained that this ought TO have
been the decisions of the tribunals throughout, but
few will admit that the court which finally adj
judged the case the 10th June, 1884, was at all
competent to take cognzance OF 1t. The Portu-
euese government, however, have always main
tanned the validity OF this proceeding, and alege
the utter impossibility of any Interference on the
part Of the executive with the solemn decision of
court Of justice.
A demand was made on September /, 1884, for
$Sl, 6S4 81, TO indemnify the owners of the Miles
for the losses sustained by them under the follow
ing circumstances THAT vessel, having put into
Mozambique in great distress, was taken in charge
by the Portuguese authorities, and laid on shore,
by which she was SO materially damaged that II
became necessary to sell her. They likewise seized
the cargo, consisting Of $50 barrel OF oil, and after
oblging the captain TO pay all the disbursements,
compelled him to reship his cargo, which was
destined for Boston, on board the Portuguese bark
the Principe Don Pedro, chartered for $1,000, and
would not permit him to strike more favorable
bargain with the Levant, which might have been
taken up for much smaller amount The Prn-
cipe Don Pedro, on her voyage to Boston, sprung
a leak, and put into Pernambuco, where the cargo
was sold to the Portuguese Consul, notwithstand-
he ~ he unff la he
net proceeds were applied TO the repairs of the said
vessel. The Portuguese government allege that
the Don Pedro was not vessel OF war, but merely
chartered in the same manner as any other mer-
chant vessel and that the cargo was liable for gross
average. They express, however, their readiness
10 refund the amount paid for duties in Mozambique,
as soon as proof shall be produced OF such payment
having been made aud they propose TO submit the
case TO the arbitration Of mercantile men of the
city OF Lisbon, nominated by the two governments.
claim for compensation TO the owners OF the
brig Magoum, originated in what is termed by the
Minister OF the United States, the illegal condem-
nation of that vessel at Mozambique, on the
pcion of having been engaged in the slave trade at
Angouche, as well as for the unjust Imprisonment
and barbsrous treatment of the crew. The case
seems TO have been adJudRed by the proper tribu-
mails, nor is complaint urged OF any lniraction Of
the forms OF law, so that one Is not little surprised
TO hear Of an attempt to disturb judicial settle
nent. Great suspicioa is thrown upon the captain
Of the Magoum, by his ignoring that Angouche be-
longed to the Portuguese. However, these three
CLAIMS though susceptible of some little doubt
might be fairly left TO arbitration, with every proba
bility of an equitable arrangement for the United
States.
But the claim for the destruction Of the General
Armstrong, by a British squadron, in the port OF
Fayal is 20 contrary TO the principles Of interna-
tional law, that the Portuguese government has
acted wisely in resisting IL with all due moderation
and firmness. On the 9th Of Septe mber, 1874 the
American privsteer General Armstrong, msunting
guns, with complement of 80 men, commanded
hui a.. DxsA oh. mad ..aasa. -. -.
water in Fsyal, on condition that she was TO de-
part the following day. IA English squadron, con-
sisting Of the Plantagenet, ~, the Rolla, Of IS
guns, and The brig OF war Cernaton, under the
command of Commodore Lloyd, appeared ell the
port imme diately afterwards. Lieutenant Fausset
was sent at night, in az unarmed boat, in order TO
board the privateer, and examiae her papers, but
smart lire was opened upon the boat from the Gen
eral Armstrong, before the least provocation had
been given. Two OF the boats crew were killed
and seven wounded.
As soon as this unjustifiable aggression was re-
ported to the Commodore, he ordered several
launches TO be armed, and TO attack the prvateer.
most vigorous defence was made by the crew, not
only from the vessel, but also from strong posi-
tion on the island, and they thus compelled the
launches 10 withdraw from the contest, with lo,s
Of nearly two hundred men in killed and wounded.
The Carnation was then directed To- range alongside
of the privateer, and soon succeeded in silencing
her, but the crew escaped on shore, after setting
fire TO the vessel, which was completely destroyed.
Commodore, but all his efforts proved unavailing
to induce him TO respect the neutrality Of the port,
as The British were most unjustly exaslerated at
the conduct Of the enemy in committing this fla
grant outrage.
The truth Of all these circumstances Is proved
by the concurrent testimony Of the Portuguese GO
vernon, the British Commodore, and Liutenant
Fausset, and Is hardly disputed byt the Americans
themselves; nor is IL likely that their assertions
the contrary would meet with much credit from
any impartial person.
That no just cause Of complaint existed may be
inferred from the fact that the transaction was bu-
red in complete oblivion for upwards Of % years,
end that claim was first brought forward by Mr..
kavanagh ON the 18th Of February, 1851. This was
resisted by the Portuguese Ministers, and cores
pondence has been carried on at various periods be-
tween the two governments without any ADJUST
ment, although Mr.. Upsher, the Secretary OF the
United States officially informed Captain Reid on
the 10th Of January, 1874, that the claim could not
be sustained.
The Portuguese, whose territory had been most
violated by both the contending
parties, did not neglect TO make formal requis-