Papers Relating to the Foreign Relations of the United States, 1894, With the Annual Message of the President, Transmitted to Congress, December 3, 1894
Mr. Thompson to Mr. Gresham.
Petropolis, June 17, 1894. (Received July 14, 1894.)
Sir: I have the honor to transmit translation of the notes and telegrams passed between the Portuguese legation and the Brazilian minister for foreign affairs, concerning the question of the asylum of the insurgents.
It appears from this correspondence that the Government of Brazil, in demanding the surrender of the insurgents, places particular stress upon the fact that it had previously decreed them pirates, and they were therefore not entitled to the protection usually granted political refugees, virtually ignoring the fact that Saldanha da Gama had been promised asylum by the commander of the Portuguese naval forces before active hostilities were commenced and contingent upon the acceptance of his proposition to surrender.
I have, etc.,
Here follows the correspondence between the Portuguese legation and the Brazilian legation at Lisbon, with regard to the delivery of the rebels in asylum on board the cruisers Mindello and Alfonso de Albuquerque:
note of the portuguese legation to the brazilian government.
Legation of Portugal in
Brazil,
Rio de Janeiro, March 15,
1894.
Most Illustrious and Excellent Sir: I have the honor to inform you that on the morning of the 13th a numerous group of insurgents, who for months have been in arms in Rio de Janeiro Bay, went aboard the Portuguese ships Mindello and [Page 66] Alfonso de Albuquerque, and begged for refuge and asylum, which was conceded to them, according to the provisions of international law, and to the principles of humanity generally recognized by civilized nations.
Not having received the report of the commander in chief of the two ships, I can not yet give the names and conditions of these political refugees. I take advantage of the occasion to reiterate the protests of my highest consideration.
To the illustrious and excellent Dr. Cassiano do Nascimento,
Most
worthy Minister and Secretary of State for Foreign
Affairs.
reply to the preceding note.
Rio de Janeiro, March 15, 1894.
I have received the note which the Conde de Paraty, chargé d’affaires of Portugal, sent to me to-day, communicating that on the morning of the 13th a numerous group of insurgents asked and obtained refuge and asylum on board the warships of his nation, the Mindello and the Alfonso de Albuquerque.
The Federal Government already knew of this circumstance, but whilst recognizing that the acts of the commanding officers of the Portuguese warships were inspired by humane sentiments, it is obliged to demand the delivery of those individuals, whom it considers as criminals, and who are not in circumstances to receive the protection extended to them. I have the honor to reiterate, conde, the assurance of my distinguished consideration.
To the Conde de Paraty, etc.
telegram from the brazilian government to its legation in lisbon.
Representatives of that Government here refuse to deliver military rebels who sought refuge aboard Portuguese warships. It is not a case for asylum, and, moreover, you know rebels were declared pirates by decree of October for crimes, depredations, and robbery committed and do not represent any part of political opinion; therefore, they should be surrendered in order to be submitted to the competent tribunals. Demand order of that Government in this sense.
reply.
Without loss of time I went to the president of the council and minister for foreign affairs, and after showing the telegram of your excellency I made him understand the convenience, in order for the continuance of the good relations between the two countries, of the delivery of the rebels, who cannot be considered political criminals, because of the decree of October 10, which declared them to be pirates. That a favorable decision of the Portuguese Government would avoid an incident which would be disagreeable and onerous to both nations. His excellency replied, saying that it appeared to him impossible, as he considered the fugitives aboard the Portuguese warships as political criminals; that because of his conscience, and because of every principle of humanity, he could not deliver them, but nevertheless he would submit himself to the same rule of conduct which guided the commanders of other ships, which had given asylum to the insurgents. After this interview I sent you the following telegram in cipher: “Demanded with energy, government, but declared could only follow same rule of conduct other ships which gave refuge to rebels.” In reply to this telegram you sent me the following: “All rebels, numbering 493, in refuge on Portuguese ships. None on ships of other nations. Government does not admit sovereignty opposed to its own in the port of the capital of the Republic. (Signed) Minister Exterior.”
I received this telegram on the 18th at 7:30 p.m.; at 81 went to the minister of foreign affairs and submitted for his consideration the communication I had just received. His excellency was a good deal worried, and said he had received notice that the sailing of the ships was opposed in a friendly manner, and that your telegram surprised him, and that he would telegraph to Conde de Paraty and on the following day would see me. I then sent you the following telegram in cipher: “By telegram from Paraty, Government thought sailing of ships was opposed in a friendly manner. Surprised at your dispatch; asked explanations of his representative,”
telegram from minister for foreign affairs to chargé d’affaires of portugal in petropolis.
To Conde de Paraty, etc.:
Very urgent. Hearing that the cruiser Alphonso de Albuquerque is going to sail this afternoon, taking with her the military rebels and those aboard the Mindello, and the incident treated of in our correspondence on yesterday not being yet settled, in order to avoid greater complications I ask you to give orders to delay the sailing of said cruiser until the pending question is decided, which question, unfortunately, occupies us and whose final solution I await.
I renew, etc.,
reply to above telegram.
Minister for Foreign Affairs, Rio:
Very urgent. I have not yet considered the note to which you refer. In the meantime I can assure you that the commander in chief of the Mindello is responsible for the guarding of the political refugees, and will not land them on foreign soil until the final decision of the diplomatic question. If I have time I will delay the sailing of the warships, which only go for hygienic motives and for prudence, in order to avoid pretexts to excite the public spirit. I send telegram to commander, thus giving another proof of the wish to conciliate which inspires my Government, and hoping you will send the telegram to its destination and afterwards will act with me in measures to protect the health of those aboard the ships without prejudice to the question in consideration.
The telegram to the commander of the Mindello was as follows: “Will you delay sailing until you can converse with me? (Signed) Paraty.”
note of the portuguese legation to the brazilian government.
Petropolis, March 17, 1894.
Illustrious and Excellent Sir: I have the honor to acknowledge the reception of your telegram with regard to the projected sailing of the Portuguese war ships. I am sure that you do not contest the right of these ships to proceed to any point that the convenience of the service of His Majesty may require. I must confirm the telegram which in reply I sent you in the following terms: “I have not yet considered the note to which you refer. In the meantime I can assure you that the commander in chief of the Mindello is responsible for the guarding of the political refugees and will not land them on foreign soil until the final decision of the diplomatic question. If I have time, I will delay the sailing of the war ships, which only go for hygienic motives and for prudence in order to avoid pretexts to excite the public spirit. I send telegram to commander, thus giving another proof of the wish to conciliate which inspires my Government, and hoping you will send the telegram to its destination and afterwards will act with me in measures to protect the health of those aboard the ships, without prejudice to the question in consideration.” The telegram to the commander of the Mindello was as follows: “Will you delay sailing till you can converse with me? (Signed) Paraty.”
note of the portuguese legation to the brazilian government.
Petropolis, March 16, 1894.
I have the honor to acknowledge your note No. 13, dated 15th March, and which reached me on the 16th at 9:30 p.m., relative to the admission of the insurgents on board the Portuguese men-of-war. I note that your excellency demands the surrender of those people, and await the orders of my Government in this respect; and must assure you that on this morning I have given orders to the commander of the Mindello not to land them on foreign soil, and that he must keep them aboard till the final solution of the diplomatic question.
I assure you, etc.,
To Dr. Cassiano do Nascimento,
Minister for Foreign Affairs.
note of the portuguese legation to the brazilian government.
I have the honor to herewith remit you a list of the fugitives in refuge on the Portuguese ships, it being a copy of a list furnished me by Commander Castilho.
I renew the assurance, etc.,
To Dr. Cassiano do Nascimento,
Minister for Foreign Affairs.
telegram from the brazilian government to its legation in lisbon.
Rio, March 16, 1894.
Paraty communicated on the 15th that on the morning of the 13th insurgents asked and obtained asylum on Mindello and Alfonso de Albuquerque. Same day said to him that I would claim their surrender. Replied would await orders and stated had recommended to Castilho not to land fugitives in foreign territory, keeping them aboard until solution of diplomatic question. Informed that Alfonso de Albuquerque would sail, taking rebels; asked Paraty to give orders. Replied reason of going was to refresh crew, hygienic motives; that if still time would order commander by telegram to retain ships, saying meanwhile he was responsible for rebels. Afterwards, in conference, I agreed for ships to leave port for three or four days, Paraty compromising himself for the return of rebels, for which he sent me a list of their names.
continuation of letter of legation in lisbon of 25th march.
On the 19th I went to the department to the president of the council, and when he saw me he showed great satisfaction because of two telegrams he had just received, one from Paraty, in which he communicated, without other information, the sailing of the cruisers Mindello and Alfonso de Albuquerque, and another from Router’s agency to the same effect.
I sent to your excellency the following telegram: “Lisbon, 19th March, Minister Exterior, Rio: Minister states that his representative there (in Rio) notifies sailing this morning Portuguese ships. I ask confirmation. Government asks me to send you great satisfaction, and protests profound recognition.” The president of the council was as much worried by your telegram of 18th as he was pleased with the one just received from his representative. He said, thus will disappear an incident which might cause complications with a country with which Portugal has always maintained the best relations, and to which it is joined by the ties of race and common interests.
Referring to the telegram sent March 16 to the legation at Lisbon and received 21st early in the morning, the said document states: As soon as I read this telegram I wrote to the president of the council asking him to receive a visit from me. He replied that between 11 and 1 o’clock (that day) he would receive me. At that hour I went to his house and communicated to him the contents of said telegram. He appeared completely ignorant of what I showed him, and stated that he knew nothing of the obligation of Paraty, and that he had not authorized him to order the sailing of the vessels to refresh the crews, and much less to promise their return in three or four days, and that he would reprove his (Paraty’s) conduct. He further said that he would at once telegraph to his chargé d’affaires asking explanations, and asked me to delay answering you for twenty-four hours.
On the following day I received a letter from his excellency asking me to fix an hour for him to visit me; I replied that I would at once go to his house, and without delay I did so. The president of the council told me that he had just read a telegram from the Conde de Paraty, in which he confirmed the sailing of the ships Mindello and Alfonso de Albuquerque with the fugitives a board for Buenos Ayres, at which place he had ordered them to await orders from the Portuguese Government and not to refresh and return to Rio de Janeiro after three days” absence. Paraty added that ho had promised the Brazilian Government not to land the insurgents on foreign soil, and to keep them aboard until the solution of the diplomatic reclamation. The president of the council told me that Paraty had made said promise without instructions. I insisted on the right of the Brazilian Government to demand the surrender [Page 69] of the refugees, as they can not be considered as political criminals, but only as common criminals, and for other reasons. The president of the council declared that, according to the rules of international law, by article 6 of the extradition treaty, by the rules of all navies, and by the duties of humanity and of conscience, he could not for any motive surrender the fugitives to the Brazilian Government; that it annoyed him immensely to refuse the reclamation which I had sent him, but that it was utterly impossible; that no other government would act differently, and that the public opinion of his country would protest as one man against a government which acted differently from all other nations in such a case. He concluded by asking me to send to you all these considerations and to ask you to desist from your demands, and to assure you that the fugitives would not be landed on foreign soil, but would be carried to a Portuguese possession in Portuguese ships, and established in military establishments, guarded and watched over, so that they shall not return to Brazil to disturb the peace.
I then sent you the following telegram in part in cipher: “Lisbon, 22d March. Minister of Exterior, Rio de Janeiro: Paraty communicated that ships sailed for Buenos Ayres to await orders, and not return to Rio. Obliged himself not to disembark rebels in foreign country; they stay aboard until settlement diplomatic question. Government declines positively; can not surrender insurgents, because against international law and extradition treaty. Asks you to desist reclamation because obliges himself to only land fugitives on Portuguese soil; guard and impede their return to Brazil.”
telegram from brazilian government to legation in lisbon.
Minister of Brazil:
Inform Portuguese Government following telegram from legation, Montevideo: Saldanha arrived, Mindello, wounded in shoulder; declares he has means to continue revolution. There are 8 wounded, 3 passed midshipmen, 5 midshipmen; some with broken arms and legs. Passed Midshipman Fraga died. It is sure they will be landed at Martin Garcia. In both ships, 518 men, officers, and sailors. It appears they intend to attack Uruguay squadron.
letter from legation in lisbon, 7th april, referring to preceding telegram.
The telegram reached me at 11 o’clock on 30th, and at 2 o’clock p.m. I spoke with the president of the council, who, after attentively reading the telegram, asked me to allow him to take a copy, in order to show it to the minister of marine, whom he then sent for; said he was unaware that the fugitives had been landed in Buenos Ayres, as he had no official news, except what had been referred to in an evening newspaper; that the orders sent to their chargé d’affaires and to Commander Castilho had been positive that the fugitives should not land anywhere, but that they should at once be carried to Portuguese soil.
The president of the council also said that, in consequence of the great number of persons aboard, and the small capacity of the ships to hold them, and the poor condition of the ships, the Mindello could hardly move herself; he was endeavoring to hire a steamer in Buenos Ayres which would hoist the Portuguese flag, and would be commanded by Portuguese officers, and would transport the refugees to this kingdom.
The president of the council added that his Government comprehends perfectly the responsibility assumed, and for this reason would use every endeavor that the refugees be as soon as possible brought to Portugal, and would not cease its efforts, and would only be easy when it knew of the arrival of the refugees in the Portuguese dominions.
As soon as this conference was finished, I sent you a telegram as follows: “Lisbon, 31 March, 1894, at 4:45 p.m. Minister Exterior, Rio: Government does not know of landing refugees. Orders Castilho use all vigilance; in case Argentine Government requires quarantine, charter a vessel there and bring refugees at once.”
note of the portuguese legation to the brazilian government.
Confirming the information which I gave you on last Thursday, I have the honor to assure you, being duly authorized, that His Majesty’s Government has given the necessary orders that the Brazilian insurgents, in refuge on board the Portuguese men of war, shall be landed as soon as possible on Portuguese soil, where they will be placed under military guard by the competent authorities, and will not be allowed to interfere with the political movements in Brazil. I hope that this attitude of the Portuguese Government, harmonizing the duties of a friendly power, entirely neutral in the civil war, with the sacred principles of international law of all civilized nations, will contribute to further bind the cordial relations existing between Brazil and Portugal, which is so much to be desired for the interests of both nations.
I take the occasion, etc.,
verbal communication of the president of the council of the portuguese ministry to the brazilian representative at lisbon, according to the before cited official document of april 7.
On the 3d instant, being with the president of the council, he showed me a telegram from Mr. Saldanha da Gama, thanking, in his and the names of his comrades, for the hospitality which the Portuguese Government had given them, and asking leave to land in Buenos Ayres, where he hoped for a good reception from the Argentine Government and people. Although he had not yet shown this telegram to his colleagues, as he had just received it, he said to me that his serious reply, as I must suppose, would be positively negative, and he would so notify Mr. Saldanha, and also give positive orders to Mr. Castilho not to land him or any of the refugees; also he would order him to stay a long distance from the wharves, to sail outside the bar for three or four days, to return and go outside again, and to repeat these maneuvers when he found it necessary, and, above all, should he have reason to believe that an attempt would be made to liberate the refugees until they could be removed to this kingdom.
Immediately afterwards I sent you this telegram, partly in cipher: “Lisbon, 4th April, 1894, at 11:30 a.m. Minister Exterior, Rio: Government received to-day telegram Saldanha asking to land with sailors; says counts on good reception from people and Government of Argentine; this Government replies impossible; ordered Castilho keep far from wharves, and in case of any attempt to liberate, sail out over the bar frequently until arrival ship, to bring them to Portugal.”
note of the portuguese legation to the brazilian government.
Petropolis, April 16, 1894.
I have just received a dispatch from His Majesty’s Government. I had the honor this morning to send you a telegram as follows: “The Conde de Paraty has the honor to inform Dr. Cassiano do Nascimento minister for foreign affairs, after sending his most attentive compliments, that the Portuguese cruisers, in spite of the yellow fever and the want of officers, have left Buenos Ayres, going to meet the transports, thus finishing the attempts of the refugees. Not one Brazilian officer has fled.”
It appears that the Argentine Government has presented a reclamation against Portugal, based on the excess of zeal of some of the Portuguese sailors in capturing some of the Brazilian refugees who had tried to escape.
I take this opportunity, etc.,
To the Minister for Foreign Affairs.
new communications of the president of the council of portuguese ministry to the representatives of brazil in lisbon, referred to by said representative in his letter of 20th april.
The president of the council and minister for foreign affairs has continued to inform me of the occurrences in the Bay of Buenos Ayres in relation to the refugees on board the Portuguese ships.
[Page 71]The Argentine Government demanded from the first that the refugees should land to undergo quarantine because of the great crowd aboard, as this fact might cause the development of the epidemic existing in the port from which they had come. The Portuguese Government being consulted replied that it would not allow the landing of the refugees except on Portuguese soil, because it was compromised to this with the Brazilian Government.
Some days afterwards the yellow fever broke out aboard and the Argentine Government notified the ships to land the refugees or go to sea. In view of this, the Portuguese Government, anxious to comply with its given word, ordered the ships to leave the River Plate Bay and to go over the bar and wait for the Pedro III, which had been chartered to convey the refugees to the Island of Assumption directly, from whence they could be transported to Angola and from thence to Portugal.
While the ships were coaling three or four officers escaped and were not missed until afterwards. In spite of the vigilance which Commander Castilho says was exercised aboard, more officers in greater number tried to escape, but being missed and being discovered aboard another vessel a guard was sent for them, arrested them, and brought them back. This fact gave rise to a reclamation on the part of the Argentine Government, because of the violence practiced by a foreign power in their waters.
The president of the council told me on this occasion that he had received a telegram from his chargé d’affaires communicating that the steamer Pedro III had received provision and would sail from Buenos Ayres on the 10th, and that on the 17th the refugees would embark and would proceed to the Island of Ascension, escorted during four days by the Alfonso de Albuquerque.
After this interview, which took place on the 17th, I did not again see the president of the council, and I do not know whether the ship sailed or not. Health and fraternity to the minister for foreign affairs, Rio.
Finally, to the note of the Brazilian Government sending his passports to Conde de Paraty, this diplomat replied as follows:
Legation of Portugal in
Brazil,
Petropolis, May 14,
1894.
Most Illustrious and Excellent Sir: I have the honor to acknowledge the reception of the note of the 13th instant which your excellency has sent me, informing me that his excellency Marechal Floriano Peixoto has determined to suspend all diplomatic relations with Portugal. With grief I note this fact, and because of it, on the part of Portugal, I refrain from discussing the incidents which your note includes. I hope that history will do justice to His Majesty’s Government, and that shortly relations of perfect friendship will be restored, which for many motives should exist between Portugal and Brazil.
Thanking, etc.,
To Dr. Cassiano do Nascimento,
Minister for Foreign Affairs.