of 16th April, 1856, made by the representatives of the signing Parties to the Treaty of Peace of the 30th March of the same year, to which my Government hath adhered, I am pleased hereby, having heard the Council of Ministers, to decree the following: ART I. It is prohibited to Portuguese subjects and foreigners to equip in the ports and waters of this Kingdom, not only on the continent and adjacent islands, but also in the ultramarine provinces, vessels destined for privateering. II. In the same points cited in the preceding Article, it is equally prohibited the entry of privateers and prizes made by them or by armed vessels. §°. All cases of force (majeure), wherein, according to the rights of nations, hospitality becomes indispensable, are excepted from this clause without, however, allowing, under any form, that the sale of objects arising from prizes shall take place. Let the Ministers and Secretaries of State of all the departments understand these presents, and cause the same to be executed. SIR, Mr. Harvey to Mr. Seward. Lisbon, August 25, 1861. I HAVE the honour to enclose herewith the copy of a note from the Foreign Office, covering the copy of a proclamation in regard to privateers and their prizes, in the form finally adopted by the Council of State. This decree was published in the official paper ("Diario de Lisboa") on the 23rd instant, a copy of which has already been transmitted to the department. By referring to my despatch it will be seen that the preamble of the proclamation has been modified, so as to escape the logical inconsistencies which I then pointed out, in the hope of inducing the omission of certain phrases which would have rendered it more acceptable. I have the best reason to know that the Council of Ministers, or Cabinet, were not only well disposed to adopt my proposed amendment, but that they submitted the proclamation with the revision. When this fact became known to me, I urged, with every influence and persuasion at my command, an immediate decision, so as to insure the promulgation before any interrupting cause or accident could intervene. But the King went away for a short time, and a Council of State, to which the proposed action of the Council of Ministers on important questions is presented for examination, could not be convened. In the meantime intelligence from The United States of an eventful character affected opinion here, and gave increased weight to the objections which had been urged by [1860-61. LI.] K the British Minister and others against the form of proclamation which I have requested. A Council of State was summoned upon the return of the King, and the result of their deliberations is to be found in the documents enclosed in this despatch. While I should have been greatly gratified had my amendment been accepted, I have the satisfaction to know that it did not fail from any want of zeal, energy, or effort on my part, and that the proclamation as it now stands is mainly predicated upon your policy, in execution of the principle of the Treaty of Paris, and is not open to the objections urged against those issued by England, France, or Spain. 1 have, &c. JAMES E. HARVEY. (Translation.) (Inclosure.)—M. d'Avila to Mr. Harvey. Department of State for Foreign Affairs, THE Councillor of State, Antonio José d'Avila, presents his most attentive compliments to Mr. James E. Harvey, and has the honour to remit him the enclosed copy of the Decree of the 29th of July last, published according to the last form given thereto, after hearing the Council of State. (Translation.) Palace of Necessidados, July 29, 1861. Ir being proper, in view of the circumstances at present existing in regard to the United States of America, to carry into effect the principles established in the declaration of Paris of April 16, 1856, made by the representatives of the Powers that signed the Treaty of Peace of the 30th of March of that year, to which declaration my Government acceded, and likewise, for the same reason, to adopt other measures which I deem opportune, I have been pleased, after hearing the Council of State, to decree as follows: ART. I. In all the ports and waters of this kingdom, as well as on the continent and in the adjacent islands as in the ultramarine provinces, Portuguese subjects and foreigners are prohibited from fitting out vessels destined for privateering. II. In the same ports and waters referred to in the preceding Article is, in like manner, prohibited the entrance of privateers and of the prizes made by privateers, or by armed vessels. The cases of overruling necessity (força maior), in which, according to the law of nations, hospitality is indispensable, are excepted from this regulation, without permission, however, being allowed, in any manner, for the sale of any objects proceeding from prizes. The Ministers and Secretaries of State in all the departments will thus understand, and cause it to be executed. MARQUEZ DE LOULE. ALBERTO ANTONIO DE MORAES CARVALHO. KING. VISCONDE DE SA DA BANDEIRA. CARLOS BENTO DA SILVA. THIAGO AUGUSTO VELLOSO DE HORTA. ANTONIO JOSE D'AVILA. SIR, UNITED STATES AND CHILE. Mr. Bigler to Mr. Varas. Santiago de Chili, July 31, 1861. THE Undersigned, Envoy Extraordinary and Minister Plenipotentiary of The United States of America, has the honour to inform your Excellency that, in consequence of the President of the socalled "Confederated States of America" having issued a proclamation announcing that he has been empowered and is prepared to issue letters of marque to all who are willing to enter the service of the said States as privateers, he, the Undersigned, has been instructed by his Government to be vigilant to the extent of his power to prevent vessels from being fitted out in the ports of Chili under the authority of the said "Confederated States." The Government of the Undersigned, denying the right of the States composing the socalled "Confederated States of America" to secede, as they have done, from the American Union, and maintaining that the people of the States which have so seceded still owe fealty to the Constitution and laws of The United States, has determined to enforce obedience thereto on the part of the whole people thereof, and has solemnly proclaimed and declared that any person who shall, "under the pretended authority of the Confederated States, or under any other pretence, molest a vessel of The United States, or the persons or cargo on board of her, such person will be held amenable to the laws of The United States for the prevention and punishment of piracy." Information has recently been communicated to the Undersigned of such a character and from such sources as to induce the belief on his part that there are now, or have very recently been, in Chili, parties endeavouring to effect a purchase of munitions of war to be used in fitting out privateers for the service of the so-called "Confederated States of America." Although the Undersigned cannot vouch for the correctness of this information, he can assure your Excellency that he regards the same of sufficient importance, in view of the before-mentioned instructions of his Government, to require him to inform your Excellency thereof, and to very respectfully suggest to your Excel lency's Government to adopt such measures as it may deem advisable to secure vigilance on the part of the proper officials to prevent the fitting out of privateers in the ports of Chili with a view of com mitting assaults upon the lives and property of citizens of his country engaged in lawful commerce. In conclusion, the Undersigned begs to add that he has directed inquiries to be made at the different ports in Chili, and that he will promptly impart to your Excellency's Government any important facts relating to the object of this note which may hereafter come to his knowledge. The Undersigned, &c. SIR, JOHN BIGLER. Mr. Varas to Mr. Bigler. (Translation.) Santiago, August 7, 1861. I HAVE had the honour of reading the note dated the 31st ultimo, which your Excellency was pleased to address me. In it your Excellency informs me that you have received instructions from your Government to endeavour to impede, as far as your powers will permit, that in the ports of Chili privateers be armed for the service of the States which have recently declined to recognize the authority of the Government of the Union, and have constituted themselves under a de facto Government, with the title of " Confederated States of America"-instructions given to your Excellency in consequence of a recent proclamation of the President of these States, wherein he announces that he is empowered and prepared to issue letters of marque. At the same time your Excellency informs me that you have recently received information inducing you to believe that there are at present, or recently have been, in Chili, persons endeavouring to purchase munitions of war, in order to employ the same in arming privateers for the service of the said Confederated States of America ; and in view of this information your Excellency signifies to me a desire that my Government adopt such measures as it may deem expedient, in order to prevent the fitting out of such privateers in the ports of the Republic. I must assure your Excellency, in reply, that my Government, complying with the duties which it owes to a friendly State, is disposed to prevent preparations of warlike character, or any other operations hostile to The United States, from being effected in any port whatever of the territory of the Republic; and that consequently the necessary orders will be given to the respective authorities to keep especial watch in this particular. However, as far as regards privateering expeditions which may prepare or arm themselves on the coasts of Chili, it might happen in many cases that the zeal and vigilance of the authorities might prove ineffica cious to discover them; so that it is to be desired that whatever news your Excellency might obtain on the subject, you would have the kindness to transmit the same to me, in order that I might, in view thereof, issue the most opportune instructions to frustrate the carrying out of such expeditions. I HAVE the honour to inclose herewith copies of two despatches from the Hon. William H. Seward, Secretary of State of the United States, and of two proclamations (April 19 and April 27, 1861) issued by his Excellency Abraham Lincoln, President of The United States, announcing the blockade of the ports of several of the Southern States, and making known that all persons acting under the pretended authority of the aforesaid Southern States, or under any pretence whatever, who shall molest vessels of The United States or their cargoes, shall be considered and dealt with as pirates. You will observe, by a perusal of the copy of Mr. Seward's despatch to me of the 20th April, 1861, that I am instructed to be vigilant in preventing aggressions upon American commerce by vessels or persons acting under the pretended authority mentioned. To this end I would respectfully call your attention to the fact that the American clipper ship Bald Eagle, bound from San Francisco to China, with a large amount of treasure on board, having been chased, on her passage to this group, by a suspicious vessel, and to officially inquire of you what course His Hawaiian Majesty's Government intends to pursue with regard to vessels of this description found frequenting the King's waters, or touching for supplies or repairs at any of the ports in His Majesty's dominions. I have, &c. Mr. Wyllie. THOMAS J. DRYER. Mr. Wyllie to Mr. Dryer. SIR, City of Honolulu, July 27, 1861. I HAVE the honour to acknowledge the receipt of your despatch of the 24th instant, with its four enclosures, which you did me the great favour of delivering personally, along with verbal explanations, for which I beg to thank you in the name of the King's Government. By your despatch and its enclosures I am informed that the |