366 DIPLOMATIC CORRESPONDENCE. 



the American Government remonstrated against 

 the act, and required from the Government of 

 the French Republic not only the immediate 

 delivery of the captured vessel, but also the 

 liberation of all persons found on board, which 

 "reclamation was promptly satisfied." The 

 letter closes with the expression of belief, that 

 the Government of the United States will give 

 the explanations and reparation which, in con- 

 formity with international laws, are due to a 

 power which maintains friendly and pacific re- 

 lations with it. 



Mr. Seward, Dec. 26th, answers the communi- 

 cation of Sen. Barboza, and from which an- 

 swer the following extracts are taken : 



DEPARTMENT OF STATE, ) 



WASHINGTON, Dec. 26th, 1S64. J 



SIR : I have the honor to acknowledge the receipt 

 of your notes, which sets forth the sentiments of the 

 Imperial Government of Brazil concerning the cap- 

 ture of the Florida by the United States war steamer 

 Wachusett, in the port of Bahia. 



Jealousy of foreign intervention in every form, and 

 absolute non-intervention in the domestic affairs of 

 foreign nations, are cardinal principles in the policy 

 of the United States. You have, therefore, justly ex- 

 pected that the President would disavow and regret 

 the proceedings at Bahia. He will suspend Capt. 

 Collins, and direct him to appear before a court-mar- 

 tial. The consul at Bahia admits that he advised and 

 incited the captain, and was active in the proceed- 

 ings. He will therefore be dismissed. The flag of 

 Brazil will receive from the United States navy the 

 honor customary in the intercourse of friendly mari- 

 time powers. It is, however, not to be understood 

 that this Government admits or gives credit to the 

 charges of falsehood, treachery, and deception which 

 you have brought against the captain and the consul. 

 These charges are denied on the authority of the 

 officers accused. You will also be pleased to under- 

 stand that the answer, now given to your representa- 

 tion, rests exclusively upon the ground that the cap- 

 ture of the Florida was an unauthorized, unlawful, 

 and indefensible exercise of the naval force of the 

 United States, within a foreign country, in defiance 

 of its established and duly recognized government. 



This Government disallows your assumption that 

 the insurgents of this country are a lawful, naval bel- 

 ligerent, and, on the contrary, it maintains that the 

 ascription of that character by the Government of 

 Brazil to insurgent citizens of the United States, who 

 have hitherto been, and who still are, destitute of na- 

 val forces, ports, and courts, is an act of intervention 

 in derogation of the law of nations, and unfriendly 

 and wrongful, as it is manifestly injurious, to the 

 United States. 



So, also, this Government disallows your assump- 

 tion that the Florida belonged to the aforementioned 

 insurgents, and maintains, on the contrary, that that 

 vessel, like the Alabama, was a pirate, belonging to 

 no nation or lawful belligerent, and, therefore, that 

 the harboring and supplying of these piratical ships 

 and their crews in Brazilian ports were wrongs and 

 injuries for which Brazil justly owes reparation to the 

 United States, as ample as the reparation which she 

 now receives from them. They hope and confidently 

 expect this reciprocity in good time, to restore the 

 harmony and friendship which are so essential to the 

 welfare and safety of the two countries. 



In the positions which I have just assumed, the 

 Imperial Government will recognize an adherence to 

 rights which have been constantly asserted, and an 

 enduring sense of injuries which have been the sub- 

 ject of earnest remonstrance by the United States 

 during the last three years. The Government of 

 Brazil is again informed that these positions of this 

 Government are no longer d ;emed open to argument. 



DUNCAN, WILLIAM 0. 



It does not, however, belong to the captains of shiua 

 of war of the United States, or to the commanders 

 of their armies, or to their consuls residing in foreign 

 ports, acting without the authority of Congress, and 

 without even executive direction, and choosing their 

 own time, manner, and occasion, to assert the rights 

 and redress the wrongs of the country. This power 

 can be lawfully exercised only by the Government of 

 the United States. 



The disposition of the captured crew of the Florida 

 is determined upon the principles which I have laid 

 down. Although the crew are enemies of the United 

 States, and, as they contend, enemies of the human 

 race, jet the offenders were, nevertheless, unlawfully 

 brought into the custody of this Government, and, 

 therefore, they could not lawfully be subjected here 

 to the punishment which they have deserved. Nor 

 could they, being enemies, be allowed to enjoy the 

 protection of the United States. They will, therefore, 

 be set at liberty, to seek a refuge wheresoever they 

 may find it, with the hazard of recapture when be- 

 yond the jurisdiction of this Government. 



The Florida was brought into American waters, 

 and was anchored under naval surveillance and pro- 

 tection at Hampton Roads. While awaiting the rep- 

 resentation of the Brazilian Government, on the 28th 

 of November, she sunk, owing to a leak which could 

 not be seasonably stopped. The leak was at first 

 represented to have been caused, or at least increas- 

 ed, by a collision with a war transport. Orders were 

 immediately given to ascertain the manner and cir- 

 cumstances of the occurrence. It seemed to affect 

 the army and the navy. A naval court of inquiry, 

 and also a military court of inquiry, were charged 

 with the investigation. The naval court has submit- 

 ted its report, and a copy thereof is herewith com- 

 municated. The military court is yet engaged. So 

 soon as its labors shall have ended, the result will be 

 made known to your Government. In the mean time, 

 it is assumed that the loss of the Florida was a conse- - 

 quence of some unforeseen accident, which cast no 

 responsibility upon the United States. 



I avail myself of this opportunity to renew to you, 

 sir, the assurance of my high consideration. 



WILLIAM H. SEWARD. 



Senhor IGNACIO DE AVELLAB BARBOZA DASILVA, &c. 



DUNCAN, Rev. WILLIAM CECIL, D. D., an 

 American Baptist clergyman, professor and 

 author, born in New York City, Jan. 24, 1824, 

 died in New Orleans, La., May 1, 1864. Mr. 

 Duncan's father was a native of Glasgow, 

 Scotland, but emigrated to this country in his 

 youth, and during the childhood of his son, re- 

 moved to Grenada, Miss., where young Duncan 

 remained, attending the best schools of that 

 vicinity, till he entered the Sophomore class of 

 Columbia College, N.Y., in 1841. He graduated 

 with honor in 1843. In 1844 he united with 

 the Amity "Street Baptist Church in New York, 

 then as now under the pastoral care of Rev. 

 William R. Williams, D. D. In the autumn of 

 the same year he entered Hamilton Theological 

 Seminary, Hamilton, N. Y., and having passed 

 through the full course of theological study, he 

 returned to the South in 1847, and established 

 at New Orleans the " Southwestern Baptist 

 Chronicle," a religious paper which he con- 

 ducted with marked ability, and which attained 

 a remarkable success. He was ordained in the 

 spring of 1848, but though preaching almost 

 constantly, did not enter the pastorate, but con- 

 tinued in charge of his paper. In 1851 his 

 health, never robust, gave way completely, and 

 abandoning his editorial and clerical labors he 



