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With respect to the nature of Instructions which may be sent to you, and of Orders to the Commanders of our Publick Vessels, that must rest with the President, where the Constitution has placed it. If those Instructions or Orders do not correspond in all respects with your wishes or expectations, you must recollect that he is enabled, at this distance, to take a calmer view of things than you are; that we have relations with other Nations besides those which exist with the Brazils; and that, even if we had not, War or threats of War ought not to be employed as instruments of redress, until after the failure of every peaceful experiment. It is the more incumbent on the President to be guarded in throwing out warlike menaces, because the Constitution, having wisely confided to Congress alone the power of declaring War, it cannot be known, in all cases, beforehand, that the denunciation will be certainly followed by the commencement of hostilities.

You will make to the Brazilian Government suitable acknowledgments for the accommodation afforded to our Squadron, in admitting, free of duties, the supplies destined for its use, imported in the Draco and Georgiana. It is believed to be according to usage to exempt from duties supplies belonging to the Publick, imported under such circumstances, and not intended to enter into the consumption of the Country, but designed for the use of Publick Ships. You may, therefore, assure the Brazilian Government that if, hereafter, any of their Publick Vessels should be placed in our Ports in an analogous condition, the like exemption from duties shall be extended to their supplies, according to what we understand to be the prevailing usage; or if, contrary to our belief, any defect of Law should exist in that respect, the President will recommend to Congress to reciprocate the accommodation which has been extended to our Publick Vessels.

A particular hardship appears to exist at Monte Video, in the cognizance which is there exercised over Admiralty Cases. The Tribunal appears to be unwilling to decide, or incapable of deciding, any question, but refers all Cases to Rio. The delay, expense, and uncertainty, incident to this mode of proceeding, are grievous-you will remonstrate against it, and insist upon the prompt decision of all American Cases that may be brought before it.

You will continue your exertions in behalf of such of our Citizens as shall experience injuries, in violation of the Publick Law; and you will not fail to manifest the sensibility of this Government to any and every instance of impressment which may occur of any of our Seamen. Should the Government of Brazil decline all further intercourse with you, it is the President's wish that you should immediately return to The United States. I am, &c.

Condy Raguet, Chargé d'Affaires to Brazil..

H. CLAY.

(3.)-Mr. Raguet to the Brazilian Minister for Foreign Affairs. MOST EXCELLENT SIR, Rio Janeiro, 5th March, 1827.

I HAVE the honour to state to your Excellency, that information was last evening communicated to me, that the American Brig Spark, Clark, Master, which left this Port yesterday morning, after having been regularly cleared at the Custom-house, for Monte Video, and after having undergone the examination of the Port Officers ual upon the departure of Foreign Vessels, was, in the course of the day, brought back into the Harbour by an armed Force, sent in pursuit of her by some of the Authorities of this Place.

I will thank your Excellency to make me acquainted with the ground of this proceeding; and have the honour to be, &c. H. E. the Marquis of Queluz.

CONDY RAGUET.

(4.)—The Brazilian Minister for Foreign Affairs to Mr. Raguet. (Translation.) Rio Janeiro, 7th March, 1827. THE Undersigned, Counsellor, Minister and Secretary of State for Foreign Affairs, acknowledges the receipt of the Note of Mr. Condy Raguet, Chargé d'Affaires of the United States of America, dated the 5th Instant, in which he asks an explanation of the motive of the detention of the American Brig Spark, Captain Clark.

Shortly after receiving this Note, the Undersigned received from the Minister of Marine a Communication, requesting this Department to ask from the Chargé d'Affaires of The United States, explanations upon the true character of the said Brig, which had been detained on strong suspicion of her being a Privateer bound for Buenos Ayres, and destined to increase the number of those actually engaged in insulting the Brazilian Flag, and in interrupting the Commerce of the Empire.

The Undersigned calls the attention of Mr. Condy Raguet to the consideration of the circumstances which preceded the detention of the Brig Spark, and determined the Government of His Imperial Majesty to order it. The first is, that, according to the Official Statement of the Minister of Marine, this Brig has not exhibited the legal License for carrying a warlike Armament. The second, that, without a permit to go thus armed, she sought to increase the number of her Crew to nearly double what it was. This Armament, without License, and this unusual increase of the Crew, in this Port, so far exceeding her proper allowance of Men, and her destination for the waters of La Plata, raised strong suspicions that said Brig was intended for a cruize against the Commerce and Navigation of the Empire.

The Undersigned ardently wishes that Mr. Condy Raguet would take such measures in relation to this Vessel, as would cause the suspicions raised against her to be completely removed, that she may be permitted to continue her voyage.

The Undersigned, &c.

Mr. Condy Raguet.

THE MARQUIS DE QUELUZ.

(5.)—Mr. Raguet to the Brazilian Minister for Foreign Affairs. Rio Janeiro, 7th March, 1827.

THE Undersigned, Chargé d'Affaires of the United States of America, acknowledges the receipt of the Note addressed to him, under date of this day, by the Marquis of Queluz, Counsellor, Minister, and Secretary of State for Foreign Affairs, and has the honour, in reply to the same, briefly to state to his Excellency, that, had His Imperial Majesty's Government thought proper, before the sailing of the Spark, to have communicated to him its suspicions of any other destination than that expressed in her Clearance at the Custom-house, he would most cheerfully have lent his aid in causing those suspicions to be removed. In the present state of the affair, however, he declines giving any explanations; and has the honour to subscribe himself, with due respect, his Excellency's obedient and humble Servant, H. E. the Marquis de Queluz.

CONDY RAGUET.

(6.)-Mr. Raguet to the Brazilian Minister for Foreign Affairs. Rio Janeiro, 8th March, 1827.

THE Undersigned, Chargé d'Affaires of the United States of America, presents his compliments to the Marquis of Queluz, Counsellor, Minister, and Secretary of State for Foreign Affairs, and has the honour to state to his Excellency, that recent occurrences induce him to withdraw from the Court of Brazil, and he therefore requests that his Excellency will furnish him with the necessary Passports.

The Undersigned begs his Excellency, upon this last occasion of addressing him, to accept, &c. CONDY RAGUET. H. E. the Marquis de Queluz.

(7.)-The Brazilian Minister for Foreign Affairs to Mr. Raguet. (Translation.) Rio Janeiro, 9th March, 1827. THE Undersigned, Counsellor, Minister, and Secretary of State for Foreign Affairs, acknowledges the receipt of the Note of Mr. Condy Raguet, Chargé d'Affaires of the United States of America, dated the 7th Instant, in which he declares, that, had the Government of His Imperial Majesty thought fit to inform him, previous to the sailing of the Brig Spark, of the suspicions raised against her, he would, with great pleasure, have used his endeavours to remove those suspicions; but that, in the present state of things, he declines giving any explanations.

The Undersigned, perfectly aware of the desire of the Government of His Imperial Majesty, to maintain, without interruption, the friendly relations subsisting between the two Countries, and to avoid all causes of the slightest displeasure, deems it his duty to enter into a frank exposition of the facts, with the certainty that he will convince Mr. Condy

Raguet of the correctness with which the Minister of Marine has acted in this affair; and, at least, to persuade him that it never was his intention to interrupt, in the slightest degree, the harmony subsisting between this Government and that of The United States.

On the arrival in this Port of the Brig Spark, carrying a warlike armament, it became essentially the duty of the Minister of Marine to inquire into the character of this Merchant Vessel. This admits of no doubt. On its being ascertained that this Brig was unprovided with legal Papers, it was signified to her that she could not, armed in this manner, leave the Port, for a southern destination; and the Captain, acknowledging the justice of this determination, agreed to leave on shore his guns, only, on retaining his other warlike stores. The Minister of Marine, satisfied with these dispositions, thought fit to end here his agency, without the necessity of Mr. Condy Raguet's intervention. Subsequently, however, the Captain of the Brig increased his Crew to double the number of Men allowed for her complement, since, having arrived with 14 Men, the Vessel sailed with 27; and, which is more, the approbation of the American Consul, and carrying, for all Cargo, goods to the amount in value of 80 milreas only. Of this fact the Minister of Marine was not apprised until she had crossed the bar. In this conjuncture, what could the Minister do, but to order the detention of this Vessel, whose Commander had, by his misconduct, excited so strong suspicions of hostile intentions against the Commerce of this Empire? After the seizure of the Vessel, the Minister of Marine, still animated by the pacific and friendly dispositions of the Government of His Imperial Majesty, instead of referring the matter to the Tribunals, sought from Mr. Condy Raguet, explanations which, without the formality of judicial proceedings, might remove the suspicions which had been entertained; and, to this effect, the Undersigned addressed him a Note, which has drawn from him a negative and rude Reply.

From this unreserved exposition, the Undersigned hopes that Mr. Condy Raguet will derive the full conviction that the Minister of Marine did not disdain his intervention, but, on the contrary, anxiously sought for it, preferring it to a judicial interference; and he now finds himself under the necessity of settling this difficulty, by such means as are within his reach, and with which the Government of His Imperial Majesty must rest satisfied, since Mr. Condy Raguet cannot but see, in all its acts, a tendency towards the adjustment of all the differences which have arisen, and from which the best constituted Governments in the civilized World are not entirely free.

The Undersigned avails himself, &c.

Mr. Condy Raguet.

THE MARQUIS DE QUELUZ

(8.)-The Brazilian Minister for Foreign Affairs to Mr. Raguct. (Translation.) Rio Janeiro, 10th March, 1827. THE Undersigned, Counsellor, Minister, and Secretary of State for Foreign Affairs, has laid before the August Person of His Majesty the Emperor, the Note dated the 8th Instant, in which Mr. Condy Raguet, Chargé d'Affaires of the United States of America, states that recent occurrences have induced him to leave this Capital of the Empire of Brazil, and requests that the necessary Passports may be granted to him. The magnanimous spirit of His Majesty the Emperor could not but be surprised at this precipitate request, couched in abrupt and vague language, without any allusion to any such grave motives as usually determine Ministers and Diplomatick Agents to withdraw from the Countries to which they have been accredited. But, as it does not accord with the high dignity of His Majesty the Emperor to enter into an investigation of the motives which have induced Mr. Condy Raguet to ask for his Passports, and which he has kept to himself, the Undersigned has been commanded, by his August Master, to inform Mr. Condy Raguet, that he has ordered those Passports to be delivered to him, for his departure; but that he will be answerable to his Government for the consequences which may result from this unexpected

occurrence.

The Undersigned seizes this opportunity, &c. Mr. Condy Raguet.

THE MARQUIS DE QUELUZ.

CORRESPONDENCE between the United States and Brazil, respecting the exaction by the Government of the latter, of Bonds, from Neutral Vessels, not to enter the Blockaded Ports of Buenos Ayres.-March, April, 1828.

SIR,

(1)-Mr. Wright to the Secretary of State.

Rio de Janeiro, March 21st, 1828. On the 2d of February, I had the honor of addressing you, and of transmitting Copies of Correspondence with the Marquis of Aracaty, relative to a Decree requiring Bonds of neutral Vessels, sailing from Monte Video, conditioned for their not entering any Buenos Ayrean Port. You will observe, by the Correspondence, that, in his Letters, both of the 16th and 24th of January, he informed me that an Order had been sent to the Authorities at Monte Video, to discontinue the exaction of such Bonds.

I enclosed Copies of the Minister's Letters to me to Commodore Biddle, at that Port, and supposed that the Order had been received there, and put into execution long since. The Boston, however, arrived here on the 17th instant, bringing me Letters from Commodore Biddle up to the 5th instant, informing me that Bonds were still ex

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