No. 2.-The United States Secretary of State to the Portuguese Minister at Washington.

Washington, Dec. 27, 1816.

Sir, I have had the honour to receive your letter of the 20th instant, complaining of certain equipments of armed vessels from Baltimore, and of instructions given to the commander of one of those vessels to attack conditionally the vessels of your Sovereign, the King of Portugal and Brazil. You are aware that these vessels are equipped without any authority from this Government, and on pretexts very different from those which you assign. You are also aware that the existing laws do not authorize the President to interfere in such cases, and it is your object to obtain such amendment of them as may be sufficient for the purpose.

I have communicated your letter to the President, and have now the honour to transmit to you a copy of a Message which he has addressed to Congress on the subject, with a view to obtain such an extension, by law of the Executive power, as will be necessary to preserve the strict neutrality of the United States in the existing war between Spain and the Spanish Colonies, and effectually to guard against the danger in regard to the vessels of your Sovereign, which you have anticipated.

As soon as a law may be passed on this subject, I shall have the honour of communicating it to you, and I avail myself of this opportunity of assuring you of the great interest which the President takes in cultivating the most kindly relations with your Sovereign, his subjects and dominions.-I have, &c. JAMES MONROE.

Chevalier J. Correa de Serra.

No. 3.-The United States Acting-Secretary of State to the Portuguese Minister at Washington.

Washington, March 13, 1817. Sir, The Act of Congress passed on the 3rd of this month, to preserve more effectually the neutral relations of the United States, being upon the subject brought under consideration in your letter to this Department of the 20th of December last, I have the honour, by direction of the President, to transmit for your information, the inclosed copy of it.

The President feels sure that your Sovereign will perceive, in the spirit and scope of its provisions, a distinguished proof of the desire which animates this nation to maintain with his dominions and subjects the most harmonious relations. I have, &c.

RICHARD RUSH.

Chevalier Correa de Serra.

No. 4.-The Portuguese Minister at Washington to the United States Acting-Secretary of State.

Washington, May 13, 1817.

Sir, Thoroughly convinced as I am of the upright and dignified principles of the President, and of the sound maxims on which the actual Government of the United States is proceeding, I cannot harbour the least uneasiness about the line of conduct which they will follow in the threatened case of the arrival of any adventurer who may style himself accredited agent of the rebels of Pernambuco. But you will easily agree that I cannot nor ought to entertain any degree of security about the conduct which the greedy and immoral part of your commercial citizens, particularly in Baltimore and New York (with whom your Government has had already so many reasons of being dissatisfied), will pursue in the actual unfortunate circumstances. Providentially the law passed in the last Session of Congress obviates great part of the evils which could be feared from people of this description, and I, no doubt, will zealously avail myself of the means it affords of serving the interests of my Sovereign. I must represent, however, to this Government, that the lukewarm acts of some of the United States officers in the seaports, in past occurrences of a like nature, do not give me that full confidence in them that I could wish to have. I am persuaded, therefore, that if the President was pleased to have them put in mind of the vigilance he requires from them in order to answer his own feelings on this subject, such a step would avoid negligence on their part, and continue uninterrupted the good harmony between Portugal and the United States which will always be the chief aim of my endeavours, as it is also the fond wish of my Government.

I remain, &c. JOSEPH CORREA DE SERRA.

The Hon. R. Rush.

No. 5.---The Portuguese Minister at Washington to the United States Secretary of State.

Washington, March 8, 1818.

Sir, I am ordered to lay before the eyes of this Government the case of three Portuguese ships, captured by privateers fitted in the United States, manned by American crews, and commanded by American captains, though under insurgent colours. An extract of the documents that prove these facts I have the honour of inclosing in the annexed paper. The documents themselves are at your disposition when required.

His Majesty's Government has already said in the official

note of the 19th of March last, directed to the Honourable Mr. Sumpter, about the first of these captures, that the perfect amity which His Majesty entertained for the United States, and his wish of further entertaining it, persuaded him that this Government would be willing to give satisfaction and indemnification for this injury done to his subjects and insult offered to his flag by these unworthy American citizens. It remains nothing for me to add than to express my perfect reliance in the justice and wisdom of this Government, and in the principles acknowledged by him on former occasions.

I am, &c.

JOSEPH CORREA DE SERRA.

The Hon. J. Q. Adams.

List of the Portuguese Prizes, to accompany the Letter concerning them, written to the Hon. J. Q. Adams.

March 8, 1818.

1. Yacht, Senhor de Alivio,' going from Madeira to St. Michael; taken the 19th of December, 1816, in latitude 33°, longitude 17° west of Lisbon, by a privateer schooner of 110 tons, manned by 60 men, all Americans except two. This privateer was from Baltimore, and took another Portuguese prize, about which I have no documents.

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2. Galley, Marquis of Pombal,' going from Pernambuco to Porto; taken the 26th of March, 1817, in latitude 38° 30', longitude 36° west of London, by the privateer, Buenos Ayres Patriot,' Captain J. W. Stephen, of Baltimore; all the crew, . composed of 112 men, were Americans, one excepted.

3. Brig, St. John Protector,' going from Bahia to Lisbon; captured the 13th of, 1817, in latitude 38°, longitude 18° 30' west of London. It seems from the numerous depositions to have been captured by the same privateer, the 'Buenos Ayres Patriot,' Captain S. W. Stephen. From two of the depositions it appears that the intention of the privateer was to send the prize to St. Domingo.

No. 6.-The United States Secretary of State to the Portuguese Minister at Washington.

Washington, March 14, 1818. Sir, Your letter of the 8th instant, complaining of the capture of three Portuguese ships by privateers, said to be fitted out in the United States, manned by American captains,

though under colours other than those of the United States, has been received.

The Government of the United States having used all the means in its power to prevent the fitting out and arming of vessels in their ports to cruise against any nation with whom they are at peace, and having faithfully carried into execution the laws enacted to preserve inviolate the neutral and pacific obligations of this Union, cannot consider itself bound to indemnify individual foreigners for losses by captures over which the United States have neither control nor jurisdiction. For such events no nation can in principle, nor does in practice, hold itself responsible. A decisive reason for this, if there were no other, is the inability to provide a tribunal before which the facts can be proved.

The documents to which you refer must of course be ex parte statements, which in Portugal or in Brazil as well as in this country, could only serve as a foundation for actions in damages, or for the prosecution and trial of the persons supposed to have committed the depredations and outrages alleged in them. Should the parties come within the jurisdiction of the United States, there are Courts of Admiralty competent to ascertain the facts upon litigation between them, to punish the outrages which may be duly proved, and to restore the property to its rightful owners, should it also be brought within our jurisdiction and found upon judicial inquiry to have been taken in the manner represented by your letter. By the universal laws of nations the obligations of the American Government extend no further. Be pleased, &c. JOHN Q. ADAMS.

Chevalier Correa de Serra.

No. 7.-The Portuguese Minister at Washington to the United States Secretary of State.

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Washington, October 15, 1818.

Sir, This very moment I receive the intelligence that a ship is fitting in the Patuxent to cruise against the Portuguese commerce, and the ship so fitting is no other than the Portuguese fine brig, 'Soam Sexto,' taken some weeks before by the Baltimorean privateer, Fortuna,' sent into Beaufort, North Carolina, and the goods shipped for New York and Philadelphia, where they are under reclamation. Captain Taylor left Baltimore on Sunday to take charge of her, and the night before the last a great deal of stores left Baltimore for this ship.

You know perfectly to what extent the supreme Executive can exert his power to prevent such a breach of all moral and

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international law, and I dare not doubt that it will be exerted, persuaded as I am of the honourable feelings of this Government.

The Hon. J. Q. Adams.

I am, &c.

JOSEPH CORREA DE SERRA.

P.S. There exist now in Baltimore many persons who are able to identify the ship.

No. 8.-The United States Secretary of State to the Portuguese Minister at Washington.

Washington, October 23, 1818. Sir, I have had the honour of receiving and have laid before the President of the United States your letter of the 15th instant. I am directed by him to inform you, that if you will furnish a list of the names of the persons chargeable with a violation of the laws of the United States in fitting out and arming a vessel within the United States for the purpose of cruising against the subjects of your Sovereign, and of the witnesses, by whose testimony the charge can be substantiated, directions will be given to the Attorney of the United States for the District of Maryland, to institute suits against the persons complained of in the proper Court competent to their trial. I pray you, &c.

JOHN Q. ADAMS.

Chevalier Correa de Serra.

No. 9.-The Portuguese Minister at Washington to the United States Secretary of State.

Washington, November 13, 1818.

Sir, I am just now informed that the Grand Jury of Baltimore must have found a true libel against the persons accused of piracy. In the present moment the evidence which is collecting against them is not yet ready, though in great forwardness. It is for the interest both of this Government and mine that the trial be put off till the proper evidence be collected; I am also informed by a good legal authority that this can be lawfully done on a proper application, which I am now making, but by advice of the same I apply also to this Government, who being a party, from the justice of its sentiments interested in this prosecution, can require this necessary delay of the trial, with a much superior efficacy.

Accept, &c.

JOSEPH CORREA DE SERRA.

The Hon. J. Q. Adams.