The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1851-08-12
THE PORTUCAL-ARMsrRsvG CASE.


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STATEMENT oF THE Casa oP Tng sEse egSEss. ARM
STRONG, CAPTURED IN TaK NEUTRAL rotr o.
FAlAL. bl rhg BRiri>H sQEADso>, CossAxpsD
~ cAPTAINE LLOYD, oS rHE 1srs ASD 2IrH 90
SEPTEMBER, islt. REsrEcrruLLY sussrrrsD 10
TIE DEPARTMENT oY sra rE OF raE rSIrED srATEs,
BY THE Ci.AIMANTs:-
The principle is universally aAnittsd among all
civilized nations, and recognized BY the elemrR-
tary writers, ancient aud modern, on international
law, defining beligerent rights and neutral oblss.
tions and duties, that the entrance Of an arruef
force into the territories, ports aud la rbors Of
neutral power aud the capture Of property, public
or private, under the protection Of the ne1iralatg
such neutra. power thus permitting the ssncity ar-
corded TO the owner of property o,ptucod OF de-
stroyed, shall indemnity the owner for all losses
thereby sustained There is, then, ho exception 10
the rule, that every voluntary entrance into nsa-
trail territory, with hostile Purposes, if absolutely
unlawful. When the fact is established, according
TO the decision Of Sir William Scott, IL overrules
every other consideration. The property must be
restored, Notwithstanding it may belong TO the
enemy, unless destroyed or removed by the csptors
in which case the equivalent in value mast be pail
by the neutral power to the owner TO the govern
ment, for the use and benefit Of the owner. Not
withstanding the clear and settled right OF tho
owner of property, so captured or destroyed, to in
demnity from the neutral power into whose terrific
ry the hostile entrance Of belligerent may be
made, and the neutrality Of friendly power vio-
lated, ye. it is a rule to restore to the indi-
vidual claimant in such q case, only on
the application Of the government to which the
owner may belong. From these general rules there
is exception, unless it be specially made between
two nations by treaty of special &c neral alliance
In this case there exists no such treaty, and the
claimants are entitled to indemnity under the gene
raj law Of nations, provided the evidence shall
bring their claim within the principles above re-
ferred to. 1t remains, then, to be inquired into,
whether the capture and destruction of the private
armed brig Gentr Armstrong, in the neutral port
of Fayal, within the kingdom of Portugal, was
done and effected by the hostile entrance of naval
armament, despatched for that purpose from the
British feet lying within the port and harbor OF
Fayal
The undersigned, duly authorized by the claim
snts, ayers, that the capture Of the General Arm
strong was made by the British feet in violation Of
the lave Of neutrality, and of the protection which
the captured vessel sought in the neutral port Of
Fayal, and proceeds to demonstrate this ayerment
by detailed statement of the evidence now on file
in the Department of State of the United Sta at
the city Of Washington. The undersigned, in the
analysis which he proposes to present Of the evil
dence in this case, will void, far as pricti-
cable, all evidence derived from the declarations
of his own government, or of the parties in
terested, except so far as the evidence drawn
from these sources may be sustained and corro-
borated by the authorities aud government of
Portugal. Believing that this co lrsc Denomination
will be most acceptable to tho high power to whose
impartial arbtr ament this questi)n of indemnity Is
submitted, by compact between the governments OF
the United States and Portugal, the undersigned
will introduce into this category, as first in orIer,
the protest of Captain Samuel Z. Reid, command
er Of the private armed brig General Armstrong,
and sworn to before John Il. Dabney, the Consul
Of the United States for tho Azores, resident at
Faya, which is hereto appended, marked No L.
This protest sets forth, On oath, that he Capt.
Samuel e. Reid) sailed in and with said brig, (tAe
General Armstrong;, from the port of New York,
on the 9Th day Of September, 1871, well found,
staunch and strong, and manned with ninety men,
officers included that nothing material o'eurred on
the voyage until the 10Th of the Same month, when
the brig arrived and cast anchor in the port OF Fay
water, the crew being employed during that after
in taking the water IN board; that about sun
set Of the same Day, the British brig OF War Cdrni-
ton, Capt. Bentham, appeared suddenly doubling
around the northeast point OF the port ms vessel
of 30 guns, Capt p. Somervillc, AM "a gun ship,
Plantagenet, Capt. Robert Lloyd. who co ninsndef
the squadron. This fleet anchored in che harbor
about o'clock, r. NJ, and seine Suspicious
movements among these vessels, Indicating
intention to violate the neutrality OF the port,
induced Captain Reid to order his brig to be
warped In Shore close under the guns OF the castle
Thi prudential step WAS taken by captain Reid TO
avoid collision with the ever~he ming force in his
presence, and to preserve, fpossbe, the neutrality
Of the port from violation No other motive coa'd,
by possibility, have a;tuated him nor can any
other be justly imputed to him by any impartial
tribunal The act speaks for itself While Cap
tain Reid eLdeavoring to place his brig as near
as practicable under the guns ot the castle, four
boats approached his vessel hiied with armed men
from the feet Captain Reid repeatedly hailed
them, and warned them to keep oil, which they dis
regarded. knowing their object to be the capture
Of the brig and finding his admonition to them to
keep off unavaiipg, he ordered his men to fire on
them, which was done, aud some of their men were
killed and wounded. The boats returned the DIRE,
killing one man and wounding the iirst lieutenant
OF the American brig. These eyonts took place
to the ships, and Immediately prepared for another
and moro formidable attack. The American brig,
in the meantime, was placed within haii caole
length of the shore. and within hall pistol snot 81
the castle. Thus situated, Captain Reid hoped
that no further attempt would be made to Vlo'ate
the neutrality Of the port, especially ~ he was m
formed by sur Consul that the Governor OF tsyai
bad solemly protested to the commander
of the feet against any further violeoce
within the waters properly appertsinng TO the
kingdom of Portugal. But soon after midnight,
twelve or fourteen boats, supposed to contain 400
men. with all canon, swivels blunderbusses, and
other arms, made violent attack ON the brig, when
n severe conflict cnsuod which lasted near forty
minutes and which terminated in the total dcfe 1t
and partial destruction Of the boats, with immense
slaughter Of the assaiants Thus ended the sec md
attempt to capture the brig by boarding. as Is vas
evident that Captain Lloyd desired 10 appropriate
the vessel whom captured, to the use and service Of
the Prince Regent Of England. Mortified at these
repeated and signal defeats, the British commander
determined, at all hazards, to capture tue ancri-
can brig. notwithstapsng the remous frances OF the
Governor Of Fsyal, and the self evident fact that IN
making the assault, great ~ ury aud destruction oil
lse al property IN the town vi tsysl must OF ne
Gee ity, be the result AccOi dibgly, AT day break
on III morning of the "a III, the brs Carnation an
% tIt d close IN th1re ana began heavy cauonade
! ON the American brig. CAPTAIN Red, finding FUR
tbtr resistance to n force superior uusvslling.
A ~. Ans.nl Id Annn nifnr the British act