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there is no such difficulty in specifying the na- | of the treaties which I have quoted, it is possible ture of those obligations. All of the preceding to raise a question-whether varia- riordierne treaties exist-all of them are of easy reference tion of circumstances or change of sion of tliese
two treaties. -all of them are known to this country, to times may not have somewhat relaxSpain, to every nation of the civilized world. ed its obligations. The treaty of 1661, it might They are so numerous, and their general result be said, was so loose and prodigal in the word. is so uniform, that it may be sufficient to select ing—it is so unreasonable, so wholly out of naonly two of them to show the nature of all. ture, that any one country should be expected to
The first to which I shall advert is the treaty defend another, “even as itself;" such stipulaBg treaty of 1661, which was concluded at the tions are of so exaggerated a character, as to reu 16€1.' time of the marriage of Charles the Sec- semble effusions of feeling, ratier than enunciaond with the Infanta of Portugal. After reciting tions of deliberate compact. Again, with re. the marriage, and making over to Great Britain, spect to the treaty of 1703, if the case rested on in consequence of that marriage, first, a consid that treaty alone, a question might be raise! erable sum of money, and, secondly, several im- whether or not, when one of the contracting par. portant places, some of which, as Tangier, we no ties-Holland-bad since so changed her rela. longer possess; but others of which, as Bombav, tions with Portugal, as to consider her obligations still belong to this country, the treaty runs thus : under the treaty of 1703 as obsolete—whether “In consideration of all which grants, so much to or not, I say, under such circumstances, the obthe benefit of the King of Great Britain and his ligation on the remaining party be not likewise subjects in general, and of the delivery of those void. I should not hesitate to answer both these important places to his said Majesty and his heirs objections in the negative. But without enterforever, &c., the King of Great Britain does pro- ing into such a controversy, it is sufficient for me fess and declare, with the consent and advice of to say that the time and place for taking such obhis council, that he will take the interest of Port-jections was at the Congress at Vienna. Then agal and all its dominions to heart, defending the and there it was that if you, indeed, considered same with his utmost power by sea and land, these treaties as obsolete, you ought frankly and even as England itself ;' and it then proceeds to fearlessly to have declared them to be so. But specify the succors to be sent, and the manner of then and there, with your eyes open, and in the sending them.
face of all modern Europe, you proclaimed anew I come next to the treaty of 1703, a treaty of the ancient treaties of alliance, friendship, and By treaty alliance cotemporaneous with the Me- guarantee," so long subsisting between the of 1803. thuen treaty, which has regulated, for up-Crowns of Great Britain and Portugal," as still ward of a century, the commercial relations of" acknowledged by Great Britain," and still "of The two countries. The treaty of 1703 was a full force and effect." It is not, however, on spe. tripartite engagement between the States Gen-cific articles alone—it is not so much, General ineral of Holland, England, and Portugal. The perhaps, on either of these ancient treat. Cerence as to second article of that treaty sets forth, that "If ies, taken separately, as it is on the spir- gations, ever it shall happen that the Kings of Spain and it and understanding of the whole body of treat France, either the present or the future, that both ies, of which the essence is concentrated and preof them together, or either of them separately, served in the treaty of Vienna, that we acknowl. shall make war, or give occasion to suspect that edge in Portugal a right to look to Great Britain they intend to make war upon the kingdom of as her ally and defender. Portugal, either on the continent of Europe, or on This, sir, being the state, morally and polit its dominions beyond the seas; her Majesty the ically, of our obligations toward Port- Pare Scond Queen of Great Britain, and the Lords the States ugal, it is obvious that when Portugal, This protec General, shall use their friendly offices with the in apprehension of the coming storm, manded. said Kings, or either of them, in order to persuade called on Great Britain for assistance, the only them to observe the terms of peace toward Port- hesitation on our part could be not whether that uga!, and not to make war upon it." The third assistance was dae, supposing the occasion for article declares, “That in the event of these good demanding it to arise, but simply whether that offices not proving successful, but altogether in occasion—in other words, whether the casus fæ effectual, so that war should be made by the deris had arisen. aforesaid Kings, or by either of them upon Port. I understand, indeed, that in some quarters it ugal, the above-mentioned powers of Great Brit- has been imputed to his Majesty's Answer to the ain and Holland shall make war with all their ministers that an extraordinary delay some that the force upon the aforesaid Kings or King who shall intervened between the taking of the government carry hostile arms into Portugal; and toward determination to give assistance to slowls. that war which shall be carried on in Europe, Portugal and the carrying of that determination they shall supply twelve thousand men, whom into effect. But how stands the fact ? On Sun.
ney shall arm and pay, as well when in quarters day, the third of this month, we received from the as in action ; and the said high allies shall be Portuguese embassador a direct and formal de. obliged to keep that number of men complete, mand of assistance against a hostile aggression by recruiting it from time to time at their own from Spain. Our answer was, that although expense.”
rumors had reached us through France, his Maj i am aware, indeed, that with respect to either esty's government had not that accurato inform
They were bound
ation that official and precise intelligence of Chambers an extension of power for the wecafacts-on which they could properly found an ap- tive government, and the permission to apply for plication to Parliament. It was only on last Fri-foreign succors, in virtue of ancient treaties, in. day night that this precise information arrived. the event of their being deemed necessary. The On Saturday his Majesty's confidential servants deputies gave the requisite authority by acclacame to a decision. On Sunday that decision mation ; and an equally good spirit was nani. received the sanction of his Majesty. On Mon- fested by the peers, who granted every power day it was communicated to both Houses of Par that the ministers could possibly require. They liament; and this day, sir, at the hour in which even went further, and, rising in a body from iter I have the honor of addressing you, the troops seats, declared their devotion to their country. are on their march for embarkation.
and their readiness to give their personel serf. I trust, then, sir, that no unseemly delay is im ices, if necessary, to repel any hostile invasion.
putable to government. But un- The Duke de Cadaval, president of the Chamber, to have evidence doubtedly, on the other hand, when was the first to make this declaration ; and the to act on.
the claim of Portugal for assistance minister who described this proceeding to me. -a claim clear, indeed, in justice, but at the said it was a movement worthy of the good days same time fearsully spreading in its possible con- of Portugal !" sequences, came before us, it was the duty of his I have thus incidentally disposed of the supMajesty's government to do nothing on hearsay. posed imputation of delay in comply- Proof that the The eventual force of the claim was admitted; ing with the requisition of the Portu-etens but a thorough knowledge of facts was necessa- guese government. The main ques. seeded. ry before the compliance with that claim could tion, however, is this : Was it obligatory upon us be granted. The government here labored un- to comply with that requisition? In other words, der some disadvantage. The rumors which had the casus fæderis arisen? In our opinion it reached us through Madrid were obviously dis-had. Bands of Portuguese rebels, armed, equiptorted, to answer partial political purposes; and ped, and trained in Spain, had crossed the Spanthe intelligence through the press of France, ish frontier, carrying terror and devastation into though substantially correct, was, in particulars, their own country, and proclaiming sometimes vague and contradictory. A measure of grave the brother of the reigning Sovereign of Portoand serious moment could never be founded on gal, sometimes a Spanish Princess, and somesuch authority; nor could the ministers come times even Ferdinand of Spain, as the rightful down to Parliament until they had a confident occupant of the Portuguese throne. These rebassurance that the case which they had to lay els crossed the frontier, not at one point only, before the Legislature was true in all its parts. but at several points; for it is remarkable that But there was another reason which induced the aggression, on which the original application
a necessary caution. In sormer in- to Great Britain for succor was founded, is not delayed by the stances, when Portugal applied to the aggression with reference to which that ap Portuguese this country for assistance, the whole plication has been complied with. governmet - power of the state in Portugal was The attack announced by the French newspa vested in the person of the monarch. The ex-pers was on the north of Portugal, in
Portugal pression of his wish, the manifestation of his de- the province of Tras-os-Montes; an de los sire, the putting forth of his claim, was sufficient official account of which has been re. leresie. ground for immediate and decisive action on the ceived by his Majesty's government sens part of Great Britain, supposing the casus fæde- only this day. But on Friday an account was ris to be made out. But, on this occasion, in- received of an invasion in the south of Portugal, quiry was in the first place to be made whether, and of the capture of Villa Viciosa, a town lying according to the new Constitution of Portugal, on the road from the southern frontier to Lisbon. the call upon Great Britain was made with the This new fact established even more satisfacto consent of all the powers and authorities compe- rily than a mere confirmation of the attack first tent to make it, so as to carry with it an assur-complained of would have done, the systematic ance of that reception in Portugal for our army, nature of the aggression of Spain against Portewhich the army of a friend and ally had a right to gal. One hostile irruption might have been made expect. Before a British soldier should put his Ly some single corps escaping from their quarfoot on Portuguese ground, nay, before he should ters-by some body of stragglers, who might leave the shores of England, it was our duty to have evaded the vigilance of Spanish authorities: ascertain that the step taken by the Regency of and one such accidental and unconnected act of Portugal was taken with the cordial concurrence violence might not have been conclusive evidence of the Legislature of that country. It was but of cognizance and design on the part of those sethis morning that we received intelligence of the thorities; but when a series of attacks are made proceedings of the Chambers at Lisbon, which along the whole line of a frontier, it is difficul establishes the fact of such concurrence. This to deny that such multiplied instances of busi intelligence is coutained in a dispatch from Sir ty are evidence of concerted aggression. W. A'Court, dated 29th of November, of which If a single company of Spanish soldiers bat I will read an extract to the House. “The day crossed the frontier in hostile array, ni after the news arrived of the entry of the rebels there could not, it is presumed, be a spandex into Portugal, the ministers demanded from the doubt as to the character of that in- *
litical state o
vasion. Shall bodies of men, armed, clothed, and í When I state this, it will be obvious to the regimented by Spain, carry fire and sword into House, that the vote for which I am in protecting che bosom of her unoffending neighbor, and shall about to call upon them, is a vote for Pantaa it be pretended that no attack, no invasion has the defense of Portugal, not a vote for war on Spain. taken place, because, forsooth, these outrages are war against Spain. I beg the House to keep committed against Portugal by men to whom these two points entirely distinct in their conFortugal had given birth and nurture? What sideration. For the former I think I have said retty quibbling would it be to say, that an in- enough. If, in what I have now further to say, rasion of Portugal from Spain was not a Spanish I should bear hard upon the Spanish government, invasion, because Spain did not employ her own I beg that it may be observed that, unjustifiable iroops, but hired mercenaries to effec: her pur- as I shall show their conduct to have been-conpose? And what difference 's it, except as an trary to the law of nations, contrary to the law aggravation, that the mercenaries in this in- of good neighborhood, contrary, I might say, to stance were natives of Portugal.
the laws of God and man—with respect to PortI have already stated, and I now repeat, that ugal — still I do not mean to preclude a locus
it never has been the wish or the pre- pænitentiæ, à possibility of redress and reparaout interfere tension of the British government to in- tion. It is our duty to fly to the defense of Port Portuguese tersere in the internal concerns of the ugal, be the assailant who he may. And, be it at home. Portuguese nation. Questions of that remembered, that, in thus fulfilling the stipula. kind the Portuguese nation must settle among tion of ancient treaties, of the existence and obthemselves. But if we were to admit that hordes ligation of which all the world are aware, we of traitorous refugees from Portugal, with Span- according to the universally admitted construc. ish arms, or arms furnished or restored to them tion of the law of nations, neither make war upor by Spanish authorities, in their hands, might put that assailant, nor give to that assailant, much off their country for one purpose, and put it on less to any other power, just cause of war against again for another-put it off for the purpose of ourselves. attack, and put it on again for the purpose of im- Sir, the present situation of Purtugal is so punity—if, I say, we were to admit this juggle, anomalous, and the recent years of Part Third and either pretend to be deceived by it ourselves, her history are crowded with events Yew of the pe or attempt to deceive Portugal, into a belief that so unusual, that the House will, per- Portugal will
reference to there was nothing of external attack, nothing of haps, not think that I am unprofitably the duties of foreign hostility, in such a system of aggression wasting its time, if I take the liberty England.
-such pretense and attempt would, perhaps, be of calling its attention, shortly and succinctly, to only ridiculous and contemptible; if they did not those events, and to their influence on the polit require a much more serious character from be ical relations of Europe. It is known that the ing employed as an excuse for infidelity to an- consequence of the residence of the
Separation a cient friendship, and as a pretext for getting rid King of Portugal in Brazil was to Brazil fro.n
Portugal of the positive stipulations of treaties.
raise the latter country from a coloThis, then, is the case which I lay before the nial to a metropolitan condition ; und that, from But this is a House of Commons. Here is, on the the time when the King began to contemplate rase of a com one hand, an undoubted pledge of na- his return to Portugal, there grew up in Brazil abroad. tional faith—not taken in a corner- a desire of independence that threatened dissen. not kept secret between the parties, but publicly sion, if not something like civil contest, between recorded among the annals of history, in the face the European and American dominions of the of the world. Here are, on the other hand, un-house of Braganza. It is known, also, that Great deniable acts of foreign aggression, perpetrated, Britain undertook a mediation between Portugal Indeed, principally through the instrumentality and Brazil, and induced the King to consent to a of domestic traitors, but supported with foreign separation of the two Crowns-confirming that means, instigated by foreign councils, and direct. of Brazil on the head of his eldest son. The ed to foreign ends. Putting these facts and this ink with which this agreement was written was pledge together, it is impossible that his Majesty scarcely dry, when the unexpected death of the should refuse the call that has been made upon King of Portugal produced a new state of things, him ; nor can Parliament, I am convinced, refuse which reunited on the same head the two Crowns to enable his Majesty to fulfill his undoubted ob- which it had been the policy of England, as well ligations. I am willing to rest the whole ques- as of Portugal and of Brazil, to separate. On tion of to-night, and to call for the vote of the that occasion, Great Britain, and another Euro. House of Commons upon this simple case, divest pean court closely connected with Brazil, tened altogether of collateral circumstances; from dered advice to the Emperor of Brazil, now be, wbich I especially wish to separate it, in the come King of Portugal, which advice it can not minds of those who hear me, and also in the be accurately said that his Imperial Majesty fol. minds of others, to whom what I now say will | lowed, because he had decided for himself before Gud its way. If I were to sit down this mo- it reached Rio de Janeiro; but in conformity with ment, without adding another word, I have no which advice, though not in consequence of it, doubt but that I should have the concurrence of his Imperial Majesty determined to abdicate the the House in the address which I mean to pro. Crown of Portugal in favor of his elilest daugh pose
ter. But the Emperor of Brazil had one mor>
What had not been fureseen—what would have ready acceptance which it has met with from all A constitution been beyond the province of any for orders of the Portuguese people. To that Con. al government eign power to advise—his Imperial stitution, therefore, thus unquestioned in its ori. klie latter. Majesty had accompanied his abdica-gin, even by those who are most jealous of new tion of the Crown of Portugal with the grant of institutions—to that Constitution, thus sanctioned a free constitutional charter for that kingdom. I | in its outset by the glad and grateful acclama.
It has been surmised that this measure, as well |tions of those who are destined to live under it-This not done as the abdication which it accompa- to that Constitution, founded on principles, in a through Eo nied, was the offspring of our advice. I great degree, similar to those of our own, though enre. No such thing—Great Britain did not differently modified—it is impossible that En. suggest this measure. It is not her duty nor glishmen should not wish well. But it would her practice to offer suggestions for the internal not be for us to force that Constitution on the regulation of foreign states. She neither ap- people of Portugal, if they were unwilling to re. proved nor disapproved of the grant of a consti- ceive it, or if any schism should exist among the tutional charter to Portugal : her opinion upon Portuguese themselves, as to its fitness and conthat grant was never roquired. True it is, that geniality to the wants and wishes of the nation the instrument of the constitutional charter was It is no business of ours to fight its battles. We brought to Europe by a gentleman of high trust go to Portugal in the discharge of a sacred obliin the service of the British government. Sir C. gation, contracted under ancient and modern Stuart had gone to Brazil to negotiate the sepa- treaties. When there, nothing shall be done by ration between that country and Portugal. In us to enforce the establishment of the Constitu addition to his character of Plenipotentiary of tion; but we must take care that nothing shall Great Britain, as the mediating power, he had be done by others to prevent it from being fairly also been invested by the King of Portugal with carried into effect. Internally, let the Portuguese the character of his most faithful Majesty's Plen- settle their own affairs; but with respect to exipotentiary for the negotiation with Brazil. That ternal force, while Great Britain has an art to negotiation had been brought to a happy conclu- raise, it must be raised against the efforts of any sion; and therewith the British part of Sir C. power that should attempt forcibly to control the Stuart's commission had terminated. But Sir C. choice, and fetter the independence of Portugal. Stuart was still resident at Rio de Janeiro, as the Has such been the intention of Spain? WhethPlenipotentiary of the King of Portugal, for nego-er the proceedings which have lately to tiating commercial arrangements between Port- been practiced or permitted in Spain, neatsasted ugal and Brazil. In this latter character it was were acts of a government exercising that Sir C. Stuart, on his return to Europe, was the usual power of prudence and foresight (withrequested by the Emperor of Brazi) to be the out which a government is, for the good of the bearer to Portugal of the new constitutional char- people which live under it, no government at all), ter. His Majesty's government found no fault or whether they were the acts of some secret i). with Sir C. Stuart for executing this commission; legitimate power-of some furious fanatical facbut it was immediately felt that if Sir C. Stuart tion, over-riding the counsels of the ostensible were allowed to remain at Lisbon, it might ap- government, defying it in the capital, and disopear, in the eyes of Europe, that England was beying it on the frontiers—I will not stop to inthe contriver and imposer of the Portuguese Con- quire. It is indifferent to Portugal, smarting unstitution. Sir C. Stuart was, therefore, directed der her wrongs—it is indifferent to England, who to return home forthwith, in order that the Con- is called upon to arenge them—whether the presstitution, if carried into effect there, might plain- ent state of things be the result of the intrigues ly appear to be adopted by the Portuguese na- of a faction, over which, if the Spanish governtion itself, not forced upon them by English in- ment has no control, it ought to assume one as terference.
soon as possible-or of local anthorities, over As to the merits, sir, of the new Constitution whom it has control, and for whose aets it must, The merits of of Portugal, I have neither the inten- therefore, be held responsible. It matters non,
enor tion nor the right to offer any opinion. I say, from which of these sources the evil has the question. Personally, I may have formed one ; arisen. In either case, Portugal must be probut as an English minister, all I have to say is, tected; and from England that protection is due “May God prosper this attempt at the establish. It would be unjust, however, to the Spanish went of constitutional liberty in Portugal! and government, to say that it is only Free iesitatione may that nation be found as fit to enjoy and to among the members of that govern- are obras cherish its new-born privileges, as it has often ment that an unconquerable hatred Sparasta popis proved itself capable of discharging its duties of liberal institutions exists in Spain. However among the nations of the world !”.
incredible the phenomenon may appear in this I, sir, am neither the champion nor the critic country, I am persuaded that a vast majority of It is acknowl of the Portuguese Constitution. But the Spanish nation entertain a decided attacbedged to be a it is admitted on all hands to have pro- ment to arbitrary power, and a predilection for legitimate one, and approved' ceeded from a legitimate source-a absolute government. The more liberal inshtoby the people.
consideration which has mainly recon-:ions of countries in the neighborhood have not ciled continental Europe to its establishment; and yet extended their influence into Spain, nor awak. to us, as Englishmen, it is recommended by the ened any sympathy in the mass of the Spanish
ment not now
ment of Spain
people Whether the public authorities of Spain of our advice, the Portuguese government waved did or did not partake of the national sentiment, its right under those treaties; very wisely re there would almost necessarily grow up between flecting that it would be highly inconvenient to Portugal and Spain, under present circumstances, be placed by the return of their deserters in the an op, vsition of feelings which it would not re- difficult alternative of either granting a danger. quire ihe authority or the suggestions of the ous amnesty, or ordering numerous executions. govezanent to excite and stimulate into action. The Portuguese government, therefore, signified 'Nithout blame, therefore, to the government of to Spain that it would be entirely satisfied if, inSpain--out of the natural antipathy between the stead of surrendering the deserters, Spain would two coigt azring nations—the one prizing its re- restore their arms, horses, and equipments; and. sent freedom, the other hugging its traditionary separating the men from their officers, would re. servitade—there might arise mutual provoca- move both from the frontiers into the interior of tions and reciprocal injuries which, perhaps, even Spain. Solemn engagements were entered into the most active and vigilant ministry could not by the Spanish government to this effect--first altogether restrain. I am inclined to believe with Portugal, next with France, and afterward that such has been, in part at least, the origin with England. Those engagements, concluded of the differences between Spain and Portugal. one day, were violated the next. The deserters, That in their progress they have been adopted, instead of being disarmed and dispersed, were matured, methodized, combined, and brought into allowed to remain congregated together near the more perfect action, by some authority more frontiers of Portugal, where they were enrolled, united and more efficient than the mere feeling trained, and disciplined for the expedition which disseminated through the mass of the communi they have since undertaken. It is plain that in ty, is certain ; but I do believe their origin to these proceedings there was perfidy
aus Apparent per have been as much in the real sentiment of the somewhere. It rests with the Span- dy on the part
of Spain. Spanish population, as in the opinion or contriv ish government to show that it was" ance of the government itself.
not with them. It rests with the Spanish gov. Whether this be or be not the case, is pre- ernment to prove that, if its engagements have of the govern cisely the question between us and not been fulfilled-if its intentions have been aas not acted in Spain. If, though partaking in the eluded and unexecuted—the fault has not been this case, En general feelings of the Spanish na with the government, and that it is ready to make gland does not par ot, lver tion, the Spanish government has, every reparation in its power. nevertheless, done nothing to embody those feel. I have said that these promises were made to ings, and to direct them hostilely against Portu- France and to Great Britain as well France and En gal; if all that has occurred on the frontiers as to Portugal. I should do a great gland equally has occurred only because the vigilance of the injustice to France if I were not to conduct. Spanish government has been surprised, its con- add, that the representations of that government fidence betrayed, and its orders neglected—if its upon this point to the cabinet of Madrid, have engagements have been repeatedly and shame been as urgent, and, alas! as fruitless, as those fully violated, not by its own good-will, but of Great Britain. Upon the first irruption into against its recommendation and desire-let us the Portuguese territory, the French government see some symptoms of disapprobation, some signs testified its displeasure by instantly recalling its of repentance, some measures indicative of sor- embassador; and it further directed its chargé row for the past, and of sincerity for the future. d'affaires to signify to his Catholic Majesty, In that case, his Majesty's message, to which I that Spain was not to look for any support from propose this night to return an answer of con- France against the consequences of this aggrescurrence, will retain the character which I have sion upon Portugal. I am bound, I repeat, in escribed to it—that of a measure of defense for | justice to the French government, to state, that Portugal, not a measure of resentment against it has exerted itself to the utmost in urging Spain Spain.
to retrace the steps which she has so unfortuWith these explanations and qualifications, let nately taken. It is not for me to say whether
• us now proceed to the review of facts. any more efficient course might have been adoptexisting dir. Great desertions took place from the ed to give effect to their exhortations; but as tween Purtu. Portuguese army into Spain, and some to the sincerity and good faith of the exertions gal and Spain. desertions took place from the Spanish made by the government of France, to press army into Portugal. In the first instance, the Spain to the execution of her engagements, I Portuguese authorities were taken by surprise; have not the shadow of a doubt, and I confident. but in every subsequent instance, where they ly reckon upon their continuance. had an opportunity of exercising a discretion, it It will be for Spain, upon knowledge of the is but just to say that they uniformly discour- step now taken by his Majesty, to consider in aged the desertions of the Spanish soldiery. what way she will meet it. The earnest hope There exist between Spain and Portugal spe- and wish of his Majesty's government is, that cific treaties, stipulating the mutual surrender she may meet it in such a manner is to avert of deserters. Portugal had, therefore, a right to any ill consequences to herself from the measclaim of Spain that every Portuguese deserter ure into which we have been driven by the up. should be forthwith sent back. I hardly know just attack upon Portugal. whether from its own impulse, or in consequenca Sir, I set out with saying that here were ren
Facts as to