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.