Friday, April 19, 2024

Senator Henry Clay to James B. Clay, December 29, 1849

WASHINGTON, December 29, 1849.

MY DEAR JAMES, —I received your letter, communicating an account of Susan's confinement, and I was delighted to hear that she had given birth to a son, with so little of pain and suffering. I hope that she has continued to do well, and that the new comer has also been hearty. In the fine climate where you are, I trust that all your family enjoy good health.

I hear from home, but not as often as I could wish.

After three weeks, Mr. Cobb, of Georgia, a Democrat, was elected Speaker, and it was so much more important that the House should be organized than that whether Whig or Democrat should be chosen, that I was glad an election was made. Nothing of importance has yet been done in Congress.

The Portuguese Minister called on me to-day, and I had a long, long interview with him, both on matters personally relating to you, and on public affairs, the latter, of course, confidentially.

He tells me that you have a fine house and a delightful situation on the Tagus, with a beautiful prospect, etc., but that they made you pay too much rent for it.

I endeavored to impress him very seriously about our claims on Portugal, and that their rejection might lead to very grave consequences. I authorized him to communicate what I said to him to the Minister of Foreign Affairs. He read to me a very ingenious and plausible argument in the case of the General Armstrong, but I told him that I thought it only ingenious and plausible, and that I thought the American claim was well founded. One of his points was that the General Armstrong began the conflict. To which I replied that the British boats approached the Armstrong in hostile array; and that, when hailed, refusing to avow whether their purposes were amicable or hostile, the Armstrong was not bound to wait until they struck the first blow, but, being authorized to conclude that their purpose was to board and capture her, she had a right to defend herself, and anticipate the fall of the blow. Exactly as, when an assault is made on a man, not yet followed by a battery, he is not bound to await the battery, but may defend himself forthwith.

As to the weakness of Portugal, since the treaty of Methuen, she has been an ally, and somewhat dependent on Great Britain. Her feelings and sympathies were with the British, and against the Armstrong. She not only did not protect the Armstrong, which as a neutral power she ought to have done, but she did nothing to repel the British violation of her jurisdiction. She did worse; when the crew of the Armstrong was brought on shore, she (Portugal) suffered and connived at their being mustered by, or in presence of, British officers, that they might select from the array those whom they chose to consider British seamen! Never was such an indignity before offered! Never before or since did Great Britain ever attempt to exercise her pretended right of impressment within the jurisdictional limits of a neutral or third power, or any where but in her own ports, or on the high seas.

The Portuguese Minister cited certain provisions of our treaty with Great Britain of 1794, and other treaties, making provision for the case of captures within the waters of the respective parties by a belligerent of either of them, etc. To all which I replied, that those treaties took the case from without the operation of the general public law, but did not affect the condition of powers (of which Portugal was one) having no such treaties with us; that as to these powers, the national law furnished the rule; and that, in cases like the Armstrong, that rule required either protection or indemnity. Protection had not been afforded, and indemnity was therefore justly due.

My manner was intentionally very earnest; and I sought to impress the Minister with the belief I entertain, that if satisfaction of our claims be withheld, it will be sought for by coercion. And I told him that I should be grieved if we had any war with Portugal, especially when my son was the accredited representative of the United States at Lisbon. I told him that I hoped he would impress his Government with the gravity of existing circumstances. He was hurt at the reference in the President's Message to this affair; but I informed him that I had reason to believe that, at one time, it was contemplated to refer to it much more seriously, and I supposed this had not been done in consequence of a hope entertained that your dispatches might soon bring the welcome intelligence that our claims had been admitted and provided for.

He spoke of a proposition before the Portuguese Cortes to elevate the grade of the mission to this country. I told him that the adjustment of our claims would be an agreeable, if not indispensable preliminary to a similar elevation of the rank of our Minister to Portugal, etc.

I presume that they will send you, from the Department of State, the President's Message, and all other public documents. My love to Susan, to dear little Lucy, and all your children, and to H. Clay, and Thomas.

SOURCE: Calvin Colton, Editor, The Private Correspondence of Henry Clay, p. 595-7

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