520 INTERNATIONAL LAW 



Islands, was attacked by a French fleet. The Portuguese fort 

 resisted the attack and no prizes were taken. The French Govern- 

 ment approved the attack, as Ortolan says, perhaps in retaliation 

 for the action at Lagos. 1 



The French frigate Modeste was captured by the English in the 

 harbor of Genoa in 1793. There was neither apology nor restitution. 2 



In the war of 1812 the United States frigate Essex, at anchor 

 and dismasted in Valparaiso Harbor, was attacked and captured by 

 two British ships. The Levant, a prize of the United States frigate 

 Constitution, was chased into Porto Praya and there captured while 

 at anchor by vessels from the British fleet. 3 



The American privateer General Armstrong, a brig of seven guns, 

 was attacked and destroyed by a British squadron of one hundred 

 and thirty guns in the harbor of Fayal in 1814. 4 The resistance was 

 most gallant and assaults were repeatedly repulsed with great loss 

 of life. The Portuguese governor interposed with the English com- 

 mander to obtain a cessation of hostilities, but the latter claimed 

 that the Armstrong had fired upon the English boats without cause 

 and that he would take possession of the privateer in consequence, 

 saying that if the Portuguese interfered he would treat the castle and 

 island as enemies. It appeared that at evening the long-boats of 

 the British squadron, with a large force, apparently armed, out- 

 numbering the crew of the privateer, approached so as to touch her 

 stern with a boat-hook. They were warned off, and not desisting, 

 were fired on with fatal results, and returned the fire. The English 

 commander claimed that he intended to reconnoiter the privateer 

 merely, and to observe the neutrality of the port. The circum- 

 stances were such that the Americans thought themselves justified 

 in taking the approach as an attack and attempted boarding, and 

 in resisting accordingly. The vessel lay during most of the affray 

 within a half-pistol-shot of the castle. Some buildings were burned 

 and persons were killed upon the land by the British cannonade, well 

 illustrating the results of such a practice. 



This was the foundation of a claim against Portugal by the United 

 States for failing to keep the peace of the port. On a reference to 

 Louis Napoleon, President of the French Republic, as arbiter, he 

 finally held, in 1852, a few days before he assumed the imperial 

 dignity, against the claim, on the ground that the Americans did 

 not apply for protection to the Portuguese authorities in time, and 

 that they fired first upon the British boats as they approached in 

 the night. This case has been cited as the principal case supporting 

 the conduct of the Japanese at Chefoo. 



1 Mooro's History of International Arbitration, p. 1127; Diplomatic de la Mer, 

 ii, 320. 2 Hall's International Law (cd. of 1904), p. 602. 



3 Dana's \otes to Wheaton, sec. 430. 



4 \\ barton's Digest, G04; Snow's Cases in International Law, p. 396. 



