The Sumter banner. [volume] (Sumterville, S.C.) 1846-1855, 1850-08-07
From tho London Tunes, 10th inst.
United States and Portugal.

quence of the mode of proceeding recently
employed by Lord Palmerston to enforce
certain claims against the Greek govern
ment;, that innumerable other claims. not
more doubtful in principle or exaggerated
in amount than those of Don Pacifco, have
started into life, and that other States have
been encouraged to resort to proceedings
which the late example of England forbids
the British government to condemn. The
case of the American claims on Portugal,
which las already been made the subject of
a peremptory ultmatum, backed BY the pre-
seIico of anapal squadron, is startling in
stance Of the facility viii, Which such pre-
cedeilts are followed; for not many years
ago a late American Secretary of State had
himself declared to the claimants, that ar
guments and importantly having baen cx-
hausted, the American Government could
see nothing in the circumstances to justify
or, warrant it in having recourse to any 9TH
CIR weapons Subsequently to the intcll
gence ofAIr. Wyse's demands on the Greek
government having reached Washington, i,
would seem that General Taylor and his
Cabinet have renounceu this forbearance,
and Lisbonis accordingly menaccd after
the eHamplesof the Pireus
1t is curious coincidence that the Por-
tuguese government should have PLAYED an
indirect part in the principal question at
Athens as the original debtor of Pactico,
and that,t should now be held liable to the
American Government for damages occas-
ioned by tho forces OF another power over
which it had no control. But the latter
case is, iflpossibIc, more monstrous and cx-
travagant than that with which we have re-
Gently had occasion to deal. On the Goth
oi September, 1914, during the last war be-
tween Great Britain and the United States,
an'Amercan armed privatecr, the General
Armstrong" Captain Reid commanding,
entered the neutral Portuguese harbor OF
Fayal TO water. She was followed, though
not actually chased, by the British vessels
OF war Plantagenet, n; Rota, 3S, and the
Carnation brig, and Captain Reid ordered
his vessel to be warped in shore under the
guns OF the castle for safety. In the course
oi,he evening a violation of the neutrality
OF the port OF Fayal undoubtedly occurred
Ihe American captain sworc that four
armed boats from the British vessels we're
approaching his ship, and admits that he,
snspcctng their intentions, warned them
off and then fired upon them. killing and
wounding some Of their men The boats
were said to have returned the fire with
effect, (though that assertion WINS contra
dlcted, as in fact they were not armed at all }
but subsequently wore off to tho shps,
whence they returned at mid.ngh, with n
r powerful reinforcement, and severe ac
tlon ensued, in which the "Gcncral Arm
strong" was at length captured and de.
stroyed by the British. So that even by
this American version of the story. il was
Captain Reid who first violated the neutral.
ity of thejport. The affidavit OF The British
officer; shows, however, that the boat fred
uponaby the Americans was unarmed, and
was sent in merely to mako Inquiries, in
spite of which it was brutaIIy attacked bv
Captain Rcid's orders. However this NAV
be, like many similar occurrences in the
heat and chances of war, the ensuing treaty
aefpeace put an end TO ali discussion as be.
tweensthe belligerent powers, but it is not
aiittle unjust that thirty-six years after
WARNS such1a case; as this should be made
ground OF complaint and hostility against
the neutral. The Americans allegc that
the Portuguese Governor ough. to have as.
serted and enforced the neutrality of the
harbor of Fayal, although he had but one
hundred infantry and eight artillery men in
castle with ruined deiences; and that, as
the Governor Of Fayal failed to give to the
American priyateer the protection of a ncu-
tral harbor, Portugal must pay for the de-
struction Of that vessel sum which, ac-
cordlng to the Pacific scale of calculations
is ,nodestly laid at 200,sOO dollars.
There undoubtedly was in this case n
Ylolation OF neutrality, though It is disputed
whether that violation was first committed
by the British boats under Lieut.. Fawcc,,,
orby the American privatccr in the harbor.
But it is principle of the law Of nations, as
laid down by Sir William Scott, (the EYi.,.n
Dodson, 2I4 } that "whcre violation of
neutral territory takes place, that country
alone whose tranquility has been disturbed
possesses the right of demanding rcparation
for the injury which she has sustained, and
The enemy whose property has been cap
turcd cannot himself give the claim, but
must resort TO The neutral for his remedy"
But if an illegal capture or attack has been
made in neutral waters, giving the aggrcv
ed party this last-mentioncd species OF re-
medy against the neutral, il follows that the
neutral has, .j0riiori, claim for rcparation
against the State which, has abused It's pro-
lection or orvioated its rights. The Govern
or OF Fayal did not acqnicsce in lhc attack
on the American vessel, though lie was dis.
tinctly informed by the commander of the
British forces that the neutrality of the Dor,
could no longer be respected, since the un
provoked attack Of the American schooner
OH the British boats; but if the British oli-
Ger who undertook under these circun,-
stances to avcngc that attack. even a, the
risk OF breach of neutrality, was justified
in such proceeding--as we think upon
evidence that he was-i, would seem 20 be
wholly inconsistent with the law OF nations
and with our peculiar amty with Portugal,
that she should now be held responsible bv
the United States for an act of a British
squadron which she had not the power TO
prevent; and as this occurrence was entire
~ caused either by the rashness or hos
tilitys ol the Americans themselves. as an.
pears by their own statement, or by The ne
cessary measures taken by Capt. Liovd,
who commanded the British ship plantar.
enet, justice requires either that the Gov
ernment of the United States should desist
from such claim, as Mr.. Secretary Up-
shur had actually done in 19ll, or that
Great Britain should bear Portugal harm.
less for damages committed, and riphiiuly
committed, by ourselves The revival ri