Page:The Green Bag (1889–1914), Volume 18.pdf/363

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334

THE GREEN BAG

Portuguese minister asking a full indemnity I foreign minister promised consideration, but for the sufferers. Nothing seems to have I a change of ministers delayed action. In followed, but a claim was made before Con 1843 Portugal sent a formal reply. It ex gress for the officers and crew of the priva pressed surprise at the revival of the claim teer and sixteen years after Mr. Adams's after a silence of so many years. It said communications, in 1834, §10,000 was ap I all accounts agree, that the privateer, under propriated by Congress to be distributed as the pretext that the British boats were ap prize money among the officers and crew and proaching her, fired on them. That Great the representatives of those deceased. Just Britain affirmed that the boats carried only before this Captain Reid presented a memo unarmed men going ashore from their ships, rial to our Secretary of State as to the claim, and that they casually met the privateer and Mr. McLain, then Secretary of State, as she was preparing to leave the port; that replied that Portugal was in such a situa it was undeniable that the first shot came tion that the time was unsuitable for press from the privateer and she thus became the ing the claim, that the claim would be aggressor; that notwithstanding this the revived at a proper season. In 1835 our Portuguese authorities employed every acting Secretary of State wrote our minister means to prevent hostilities; that Great at Lisbon that this claim appeared well Britain subsequently apologized to Portu founded and that the minister was in gal for the rashness of its officers and indem structed to present it to the government of nified the inhabitants for damage inflicted, Portugal. The claim was based on the fact although by the reasoning of the United that the Portuguese authorities, having States Great Britain might rather have failed to give this vessel the protection she expected an apology from Portugal for the was entitled to in a friendly port which she attack made by the privateer in a Portu had entered as an asylum, that government guese port. The hope was expressed that was bound by the law of nations to make the United States would perceive that there good to the sufferers all consequent damage was no just ground for demanding an in resulting from such neglect of duty. Our demnity. Mr. Upshur was now Secretary minister postponed action, but presented the of State, and he sent a copy of the Portu claim, in 1837, and was orally informed by the guese reply to the son of Captain Reid, who Portugese minister that the claim appeared was acting as agent for the claimants, and inadmissible, as the Portuguese force at the latter contested the conclusions of the Fayal was at the time incompetent to resist note. The Secretary of State replied, in the British and the governor had done his 1844, that the matter having been presented best. President Van Buren was addressed in repeatedly, and every effort made to secure favor of the claim three years later, and the reparation, and those efforts having proved Secretary of State replied that the matter had unavailing, the department was unwilling to been repeatedly presented to Portugal with make further application, believing that it out success but that our chargf had instruc would be fruitless. In vain the agent of the tions to urge the matter. In 1841 Mr. claimants sought to obtain a reconsidera Webster became Secretary of State and he tion from Secretary Upshur, and after his was applied to in favor of the claim. Finally, death from Secretary Calhoun. Senatorial in June, 1842, he instructed our legation at pressure was evidently brought to bear, and Lisbon to aquaint itself with the facts, and in 1844 Mr. Calhoun replied to a letter of to address the foreign minister of Portugal | Senator Johnson, of Louisiana, that there on the subject. He further bade it inform was no good reason for renewing correspond its own government if Portugal showed a ence on the subject. The claimants now disposition to compromise the claim. The applied to Congress, and in June, 1845,3