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Senhor Mendonça to Mr. Gresham.

LEGATION OF THE UNITED STATES OF BRAZIL,

Washington, May 31, 1894. (Received May 31.) SIR: I have the honor to acknowledge the receipt of your note of to-day, by which, referring to my interview yesterday with your excellency in regard to the protection by your minister in Portugal of the Brazilian citizens in that country during the suspension of the diplomatic relations between Brazil and Portugal, your excellency informs me that the minister of the United States at Lisbon will be instructed, by cable, to use his friendly offices, with the acquiescence of the Portuguese Government, for the protection of Brazilian citizens in Portugal or the Portuguese dependencies during the present suspension of diplomatic relations between those two countries, and that your excellency will further communicate to me such reply as you may receive from Mr. Caruth.

Thanking your excellency for this friendly assent of the American
Government to the desire of my Government,
I avail, etc.,

SALVADOR DE MENDONÇA.

Mr. Thompson to Mr. Gresham.

No. 249.)

LEGATION OF THE UNITED STATES,

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.,

Thos. L. THOMPSON.

[Inclosure 1 in No. 249.- Translation.]

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

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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.

CONDE DE PARATY. To the illustrious and excellent Dr. CASSIANO DO NASCIMENTO,

Most worthy Minister and Secretary of State for Foreign Affairs.

REPLY TO THE PRECEDING NOTE.

MINISTRY for FOREIGN AFFAIRS,

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.

CASSIANO DO NASCIMENTO. 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.

MINISTER OF EXTERIOR.

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 can not 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 8 I 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 reprosentative."

TELEGRAM FROM MINISTER FOR FOREIGN AFFAIRS TO CHARGÉ D'AFFAIRES OF PORTUGAL IN PETROPOLIS.

March 16, 1894. To CONDE DE PARATY, etc.:

Very urgent. Hearing tbat the cruiser Alphonso de Albuquerque is going to sail this afternoon, taking with her the military rebels and those aboard the Vindello, 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.,

CASSIANO DO NASCIMENTO,

REPLY TO ABOVE TELEGRAM.

PETROPOLIS, March 16, 1894at 10:50 a. m. 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."

YOTE OF THE PORTUGUESE LEGATION TO THE BRAZILIAN GOVERNMENT.

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LEGATION OF PORTUGAL IN BRAZIL,

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 snre 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 refngees 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 bygienic 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.”

XOTE OF THE PORTUGUESE LEGATION TO THE BRAZILIAN GOVERNMENT.

PORTUGUESE LEGATION IN BRAZIL,

Petropolis, March 16, 1894. I have the honor to acknowledge your note No. 13, dated 15th March, and which Teached me on the 16th at 9:30 p. m., relative to the admission of the insurgents on board the Portuguese men-of-war. Í 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 Vindello not to land them on foreign soil, and that he must keep them aboard till the final solution of the diplomatic qnestion. I assure you, etc.,

CONDE PARATY. To Dr. CASSIANO DO NASCIMENTO,

Minister for Foreign Affairs.

NOTE OF THE PORTUGUESE LEGATION TO THE BRAZILIAN GOVERNMENT.

MARCH 17, 1894. 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.,

CONDE PARATY. To Dr. CASSIANO DO NASCIMENTO,

Minister for Foreign Affairs.

TELEGRAM FROM THE BRAZILIAN GOVERNMENT TO ITS LEGATION IN LISBON.

BRAZILIAN 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.

MINISTER EXTERIOR.

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 Bailing of the cruisers Mindello and Alfonso de Albuquerque, and another from Reuter'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) notities 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 anthorized 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 aboard 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 he 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 of the refugees, as they can not be considered as political criminals, bnt only a 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 hiin, 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, 220 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.”

MATTA. .

TELEGRAM FROM BRAZILIAN GOVERNMENT TO LEGATION IN LISBON.

LISBON, March 29. 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 passeil 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.

MINISTER EXTERIOR.

LETTER FROM LEGATION IN LISBOX, 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 bim to take a copy, in order to show it to the minister of marine, whom be 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 shonld 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 tho 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.”

MATTA. .

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