The Sun.
London, England, 1847-06-11 00:00:00

1,3 UN, 1401411301 Vs _FRIDAY____E-VENING, JUNE S
._1847.

divide'] itself into two branches—imprisonment in this
country, and coercive pu iishmeet in the country to which
the prisoner was taken ; and the Government must trove
that tee coercive puniehment must be inflicted in this
country. and that exile must take pl see afterwards. The
difference between the Right Hen. Baronet end the Go-
vernment was this, that the coercive Punishment should
be secondary ; but he (Mr. Buller) appealed to au-
thorities, to show that the mode of punishment inflicted
in the colonies bad utterly and completely failed. It
was true the old assignment system in New South
Wales possessed much of the reformatory principle inas-
much as it induced habits of industry and self reliance.
The assignment system broke down because it was
found impossible to inflict any punishment on the
labourer so assigned, the employers being naturally
anxious to meet their will in order to obtain as much
work as possible from them, and in consequence of this
the convict became much better off, and more comfort-
able than the labourer in this country. Persons were
induced to commit crime in order to get themselves
transported, fully aware that in that colony their
wants would be much better provided for than
in this country. He would be a bold man
who would now say that the assignment system should
be revived. After the failure of that mode of punish-
ment, a system of coersive punishment was introduced—
Port Arthur, Norfolk Island, the road-gangs, and other
modes. Then, again, there came a universal cry from
this country, and from the colony, praying the House to
put an end to this system of things, and describing the
horrible state of things which existed there. The
revelations from Norfolk Island were horrible
and disgraceful to the British name. Some
of the Honourable Members who had addressed
the House had stated in what mode this system of
punishment could be carried out, so as to avoid these
evils. The Right Hon. Beroiaet (Sir J. Graham) had
said that the system could be better carried out and r
more efficient control and management. Now he (Mr.
Buller) contended that no better class of governors could
be found to perform those duties than had had the
management of this concern. The really great
difficulty of the case was the enormous distance at
which the colony was situated from this country.
It could not be denied that it was an impossibility to
carry out a system of reformatory punishment in a co-
lony 16,000 miles distant from the mother country. He
said that until the remedy seas vouchsafed to them, the
convicts would be better attended at home, under the
eye of the Ministry. They were to remember
that this question affected only a very few individuals
at home, white the arrangement of society was such,
that the colonies of New South Wales, and their other
penal colonies would suffer dreadfully from the infliction
of so reat an evil. This was the main ground on which
he rested his objections to the old system; that it filled
the colony with a degraded system of slave labour, and
that at a disproportioned rate. He was perfectly ready
to admit that transportation was a severe punish-
ment ; the real tenor of it was, that the pri-
oner must spend his life, perhaps, in some distant
and unknown country, and if the terror of exile was
the real terror of transportation, then under Vee present
system that terror would be equally forcible as at pre-
sent. A frightful state of things had been spoken of in
France, as resulting from the liberation of the prisoners
from the galleys, and letting them loose again on society.
But it must also be taken into account that the punish-
ment at the galleys was, with the exception of Norfolk
Island, perhaps the most detestable upon the face of the
earth. When her Majesty's Government had to deal
with this state of things, they were compelled to adopt
immediate measures, and it was necessary to decide at
once what course should be adopted, and he thought
that the course which the Government had taken was a
wise one. The necessity for that due deliberation had
been imposed upon the present Government by the
course taken by the last Government. The proposed
system, if not a perfect one, at all events went far to
remove some of the evils of the present system.
Mr. FITZROY KELLY said, while the Hon. Gen-
tleman (Mr. Buller) had pointed out many of the evils
of the present system, he had altogether. and
he regretted to say it, omitted to deal with
the question in its legal and constitutional
character, and he (Sir F. Kelly) felt bound to oppose
the measure in its every stage. The object of this mea-
sure was to substitute for transportation. imprisonment
of indeterminate period, and then emigration. They
were at present quite ignorant of the extent of punish-
ment which they were to substitute for the well-known
punishment of transportation, which was to be exercised
by the Government, without even the authority
of Parliament. And yet this very power was
to be exercised under an Act of Parliament, the
sth of George IV., but that Aat was passed for quite a
different purpose, and be was satisfied that no lawyer
would stake his legal repute in asserting that Govern-
ment could carry out this measure under this Act.
Had any high legal authority stated that this measure
was legal. There was a clause in the Act of Par-
liament to legalise transportation, and so far from
its being intended that imprisonment or anything
else should be substituted for transportation, he would
show that quite the contrary was the case. Her Ma
jesty's Government claimed a right, which he contended
was not legal. He would appeal to the Hou-e whether
the House should give its sanction to an Act of Parlia-
ment which was in its very nature opposed to all the
orevious Acts of the Legislature. The sth of George
IV. was passed with the view of increasing the severity
of transportation, and yet under this very Act Guvern
ment claimed the right of abolishing that mode of secor-
dary punishment. A good deal had been said about the
history of transportation, but he would not follow
Hon. Members into that branch of the subject. It was
enough for him to know that grave doubts were enter-
tained as to the legality of this measure without going
;nte the merits or demerits of the punishment with
which it proposed to deal. It was enough f}r him to
know that the measure was disapproved of by all the

that the sentence would be carried out is all its inte- '
grity, when the p-mns they had sentenced were sent
to the colonies ; it was quite imp ,s ible to di, so, be-
cause the assignment system had b--en proved, as his
Honourable Frien had stated, to be a system 01
slavery; and at Bermuda the convicTs were employed
at hard labour in the harbour. One judge, on circuit,
might sentence two persons to transportation. One
might go to Bermuda, and the other to Australia.
They would undergo two different sentences, but the
sentence of the judge would not affect either of them,
one way or the other. That was the change. When he
was Secretary of State, he put a stop to the system of
assignment, and Lord Stanley, when he came into office,
propounded an elaborate system of probation, conjoined
with labour upon the public works. But the Act was
not changed. The sentence of transportation,
wherever carried into effect, as the convict by
despairing of acceding to the assignment system in New
South \Vales, whether on the public works in Bermuda,
or whether on the system of probation in Van Dieman's
Land, whichever plan was carried out the sentence of
the judge remained the same. And then the Honour-
able Gentleman had stated, and others had done so
be'ore, that they were to have another system by which
a certain period of time was to be spent in confinement
here—that the employment of some on public works in
this country, and of others on the public works in
the colonies, was not only highly unconstitutional but
illegal.—(Hear, hear.) One system might be wiser
than the other, and more efficacious; but that there
should be any difference legally between one system and
another was what he was utterly unable to conceive.—
(Hear, hear.) And then, with respect to tickets of
leave, the Hon. and Learned Gentleman represented
that a person with such a ticket might travel where he
like,l; but a ticket of leave like the assignment system,
was a system of severe restriction by the colonial law,
and by means of colonial officers; it was a system
different from exile or banishment, it might
be a good or bad one, but it was not
a system in which the sentence of the Judge had any-
thing to do. The question is one as to what is the best
system, when the sentence of transportation had been
passed, of carrying it into effect ; and having stated
thus much fur the purpose of vindcating the Govern-
ment from the charge of introducing a system
at variance with the law, he was content to
rest the defence of the measure upon the
speeches of his Hon. Friend near him (Sir G. Grey),
the Under Secretary for the Colonies, and of the Judge
Advocate (Mr. C. Buller.) He thought that the system
now proposed would be an improvement upon the pre-
sent system. They mug, he thought, adopt some system
or another, The state of Van Diemen's Land—the horri-
ble accounts which were received from it would not allow
the late Government to continue transportation with the
same prospects as those which attended it some years
before. Being abandoned, it was obvious that they must
have devised, for the two years for which it was proposed
to suspend it, some means of employment for the per-
sons who would have in this altered state of things to
stop in this country. The Hon. Baronet the Member
for Dorchester stated that there were not sufficient
gaol.: for the imprisonment of all those who might be
sentenced to transportation. If this was so, then they
must have some subsidiary means, as, for instance, work
in the hulks, employment of some kind In connexion
with the public works, or of such a nature as to be
industrial and reformatory in its character.
He thought that as many years ago they had taken
away the punishment of death for various offences, so in
like manner they should do away with the punishment
of transportation for other offences. But that change
was not to be done without great deliberation, and it
would have been therefore unadvisable to introduce in
this session any Bills doing away transportation alto-
gether for a variety of offences, or for clearly
defining to what offences only transporta-
tion should apply. With these explanations he
trusted the House would consent to go into Committee
of Supply. It had been too much the habit not to con-
sider that while they were enacting that certain colonies
should be constituted penal settlements, they were for-
getting that in transferring crime from their own country
they were thrusting upon the colonists the very off-
scourings of society.
Strangers were then ordered to withdraw, and the
House divided, when there appeared—

For going into Committee
Against it
Majority -48
CORN IMPORTATION ACT

On the motion of the CHANCELLORof the EX-
CHEQUER, the House resolved itself into Committee
on the Corn Importation Act, when a resolution was
agreed to for extending the importation of corn tree of
duty to the Ist of March.
The House resumed, the resolution was reported, and
it was ordered that a Bill be brought in founded thereon.
BATHS AND WASHHOUSES BILL.

This Bill went through Committee, and was reported.
LEITH HARBOUR AND DOCKS BILL.
This Bill was read a third time and missed.
STOCK-IN TRADE EXEMPTION BILL.

This Bill was read a second time.
COMMUTATION OF TITHES IN ENGLAND
AND WALES.

Sir W. SOMERVILLE obtained leave to bring in a
Bill to am.nd the Acts for the Commutation of Tithes

in England and Wales, and to continue the officers ap-
pointed under the said Acts for a time to be limited.
The Bill was afterwards brought in and read a first
time. It was ordered to be read a second time on Mon-
day next.
OUT-PENSIONERS (CHELSEA. AND GREEN-

WK3II BILL.)
This Bill was read a third time and passed.
POLICE CLAUSES BILL.

The report on this Bill was brought up and received.

PASSENGERS ACT AMENDMENT BILL.

This Bill was read a third time and passed, and several
amendments agreed to.
HIGHWAY RATES BILL.
On the order of the day for the third reading of this
Bill,
Sir W. JOLIFFE opposed the further progress of the
measure. The op, ration of the Bill was to throw the
cost of what were mere parish road: upon the public.
Atter a few words from Sir GEORGE GREY,
The Bill was read a third time, and passed.
The other orders of the day were then disposed of,
and the House adjourned at Half-past One.

judges of England, Ireland, and Scotland, to induce
him to call upon the House to pause before
;hey adopted it. But there was another
difficulty in the way of the passing of this
measure. It did not define the na'ure of the punish
relent to be substituted for transportation ; and until an
Act (I( daring what it should be were passed, no judge
or this realm would have power to pass sentence upon
any criminal whatever, who might have subjected
himself to the punishment of transportation.—(Hear.)
He was not prepared to deny that there were at present
many cases punishable by transportation which might
be punished by something less severe. There
were also many cases punishable by death, such
as murder and arson, in which the next severest
punishment to that of death was necessary for
he safety of society. Did they wish to hold
out irate Id of the punishment of transportation, an inde-
finite punishment. He called on them to pause before
they gave a sanction to such a measure as this, which
was unconstitutional in all its parts. He should
not feel himself justified in going into Committee
on this Bill, but unless he heard a distinct
pledefrom her Majesty's Government that this should
be but a temporary measure; he would oppose it in its
every stage.
Lord JOHN RUSSELL said, no one in this House
can doubt the great professional ability of the Hon. and
Learned Gentleman who had just sat down, and if this
question was one in which we had to deal with the legal
interpretation of words, I would be sorry to dispute with
that Hon. and Learned Gentleman. But I must say that
I cannot fail to express my astonishment that the
Learned Gentleman who is so well acquainted with his
profession, in which he has attained so exalted and
deserved a position, should have shown such a
total ignorance of criminal law in this coun-
try.—(" Hear, hear," from the Ministerial benches )
He thought that not many years ago capital punish-
ments, for a considerable number of offences, had been
remitted, and yet it had been urged that such a course
was illegal. And in the case of many of the sentences of
death, although passed upon the prisoners by the Judge,
yet the same Judge immediately after wrote to the Se-
cretary of State, representing that it would be advisable
to extend the royal pardon to the prisoner. Again,
with respect to transportation, why, the Hon. and
Learned Gentleman, when Solicitor-General, took it
upon himself to recommend that transportation should
be suspended altogether for two years—(Laughter, and
. Hear, hear")—thus bringing the law into contempt—
(Laughter)—making void the sentences of the Judges,
and not even breathing to the Government that the
eourse he was recommending was unconstitutional and
illegal.—(Hear, hear.)
Sir JAMES GRAHAM explained, that before he
left office transportation had not been done sway with,
and therefore the opinions of the law advisers of the
Crown had not been asked or given.
Lord J. RUSSELL had then been mistaken on the
ooint But remission of sentences had been practised
during many years, and had been sanctioned by the
authority and names of the most learned judges. Now,
tothing so well re-emb!ed merely detention until they
could he transferred to a fixed place, whore they could
he employed upon some public work as this, and the Act
went on to state that they should continue there as long
,s one of her Majesty's principal Secretaries of State
shall direct, or until he could be trans'erred or become
entitled to his liberty, or until his return to prison may
he directed. There he was to remain until the time
when his sentence should expire. What was done under
this Act was this, that those sentenced by the
Judges were sent to the hulks, put to hard labour ac-
oording to a regular system which was adopted; but at
length a period of four years was fixed, at the expiration
of which, if they behaved themselves well, they would,
according to the established practice, receive pardon
from Her Majesty, signed, as usual, by one of the prin-
cipal Secretaries of State, and then the term of seven
years, supposing a person to be sentenced for that term,
was not carried into effect, but considered commuted,
by confinement in the hulks for these four years. This
system had been carried on from 1824 down to 1847,
and during the time when the learned and eminent per-
sons he had mentioned held the office of Lord Chancel,
lor, and during the time many others learned in the law—
tieing the law officers of the Crown—it came down to 1847.
when the Hon. and Learned Gentleman spoke ; and yet
during all that time no one raised a doubt as to the
practice. And here were judges passing sentences of
seven years, thinking that every man would be sent
to New South Wales. —(Cheers and laughter )
Well, it was the constant practice for Secretaries of
-;tate—of Lord Sidmouth, Sir Robert Peel, and all
others who had held that office regularly—to set at
nought the sentences of the judges, and to send the pri-
soners whom they had sentenced to the hulks. His
belief was that such was not the intention of the Legis
lature, and that it had been carried out by the several
Secretaries of State. the judges knowing what was done;
old he (Lord J. Russell) considered that the Act was a
•ufficient authority for its being done. Then the
Learned Gentleman said, "You are making a great
change in the practice, and you now propose that there
should be imprisonment for a certain period, labour on
the public works, and a ticket of leave, or • exile,' as
he Hon. and Learned Gentlemen called it, to a distant
colony, instead of the ancient:system." Why, he must
say, that he did not believe that the Judge considered

THE CIVIL WAR IN PORTUGAL.
(From he Times )
PORTSXDUTH, THURSDAY EVENING.--Her Majesty's
steatn .snip Poiyphemus, Commander M'Cleverty, arrived
at six o'clock this evening from Lisbon and Oporto, with
important dispatches for Lord Palmerston and the
Admiralty, from the British Minister and Commander-
in-Chief at Lisburn.
The Marquis and Marchioness Camden have come
home passengers in the Polyphemus.

OPORTO, JUNE 7.
(mewl OUR OWN CORRESPONDENT.)
I have not had an opportunity of writing since my
dispatch of the 29th in consequeuco of the strict orders
given by the British Admiral to allow no communication
with the shore. We are therefore confined to our over-
land couriers to Vigo, and even they are sent only in the
hope that the Lisbon steamer on its way home will con-
tinue to touch at that place, and take charge of the
Oporto mail.
As I closed my letter of the 29th, the Gladiator
steamer was clearing the Douro, Captain Robb having
contrived, by unshipping the covers of his paddle-boxes
and by other contrivances, to reduce her draught to 15f
feet, and the expedition destined for the south had also
got over the bar, the infantry being still on shore ready
for embarkation at the word of command. The General-
in-Chief, Count das Antes, and all the members of the
Junta, were present, and as the day was Sunday, and
the weather propitious, all the inhabitants of Oporto
were assembled at the Foz. Rumours of British
armed intervention had been current for several
days, as some part of the orders received by the Bulldog
steamer had transpired, and the alarm became so great
on the Saturday and the Sunday morning that a perfect
panic seized the English, and no less than 230 of our
f, Row-countrymen, including servants and children,
embarked in the homeward-bound packet, the Gladiator,
and other vessels. I believe eighty-four of the lot fell to
Captain Robb's share, not to speak of thirty-three chil-
dren, some being babies of ten days old, so that the
comforts of her Majesty's steamer were distributed on a
scale never contemplated by her shipwright or the Ad-
miralty. Some people regret that floating cradles and a
crew of able-bodied waiting-maids bad not been provided
for the occasion by the British Government, but these
persons are unreasonable, and the duty was efficiently
performed on board this new nursery for seamen with
the ordinary resources of the fleet.
At three o'clock the members of the Junta deliberated
together on the possibility of the expedition being inter-
fered with by the British squadron off the bar, or by the
ships under the immediate orders of the Admiral at Lis-
bon. It was suggested that the Gladiator had lett the
Douro; that numerous English families had embarked;
that unexecuted menaces were never made by our Go-
vernment; and that all these circumstances clearly de-
monstrated the hostile intentions of the fleet. These
suggestions were answered by an appeal to facts—that no
threat unaccompanied by the qualificetion " probably" had
been used either by Colonel Wylde, Sir 11. Seymour, or
Sir Thomas Maitland; that the latter, only two days
previously, had reduced his order to Captain Salter, of
the Mindello, to re enter the Douro, to a simple
" friendly advice," and that. in truth, up to that moment
no distinct threat of seizure or stoppage had been made
by any British agent. Under these circumstances the
sooufrrdretorhuetnodbeiannstgtbaalirmoknuswas given, and about five o'clock 2,400
men were drawn up in front of the house occupied by Das
Antas—colours were distributed by his lady to one
speechl—titaude,ad n wastbe meambdearbkyattihoen Com-
mander-in-Chief—hearty vivas were given by the
com-
menced amidst the greatest enthusiasm, both on the
part of the troops and the people. While this was
going on, the British squadron, consisting of a fri-
gate, a brig of war, and three large steamers, lay off
the bar, a witness of all that passed, but no message
was sent in, nor any order given, even under the shape
of " friendly advice." About six o'clock the British
Consul arrived at the Fez, and had an interview of
nearly half an hour with Das Antas. The object of the
Consul was to deliver a letter, dated the 28th of May,
from Sir Hamilton Seymour, refusing to protect the
commissioners whom the Junta had proposed to address
personally to the Queen, for the purpose of having a
national question decided by national means. Our Con-
sul, I have no doubt, advised Das Antas in a becoming
manner; but lam positively informed that Mr. John-
stone did not declare that the expedition would be seized,
or use any language unqualified by the word " proba-
bly." The interview being over, Das Antas himself em-
barked, and the Consul returned town for the purpose
of delivering to the Junta the letter alladed to of the
28th, as Das Antas had declined officially to receive it,
on the ground that being Commander-in-Chief of an,
expeditionary movement he had for the time resigned
his presidency of the Junta. The Consul did deliver the
letter, and had at the same time a long conversation with
that body; but I have reason to know without once ex-
ceeding the limits of advice, or converting " probability"
into certainty. The letter is as follows:
" Lisbon, May 28.
" I have had the honour to receive the letter which you
did me the honour to address to me on the 26th inst.
" It is with regret that I find how difficult it will be that
my opinion should be reconciled with that which you ex-
press respecting the reception by the Junta of the offers of
which Colonel Wylde was the bearer.
When terms are proposed te any party, it matters very
little. as regards result, whether their terms be met with a
positive refusal, or by counter propositions of an obviously
inadmissible nature.
" I had previously the honour of stating that the terms
granted to the Queen of Portugal's subjects in arms against
her Majesty's authority were, in the opinion of her Majesty's
Government, acceptable and gracious; and a record now
exists of the same views being entertained by the allied
Courts principally interested in this affair.
The knowledge, then, which I possess of the feelings, as
well of the Portuguese Government, as those of the Govern-
ments closely allied to Portugal, clearly does not warrant
the expectation, that a negotiation between her Most Faith-
ful Majesty and the Junta can have been looked to.
" Her Most Faithful Majesty took certain engagements
towards her Britannic Majesty's Government—made known
certain intentions towards her subjects; and the one and
the other were placed on the same secure basis, the unques-
tioned good faith of your gracious Sovereign.
" It follows from what precedes, that it would not be in
my power to become a party to a plan which may have for
its object the nomination of commissioners by the Junta,
appointed to treat and negotiate with the Government of
her Most Faithful Majesty respecting an extension of the
concessions made by the Crown.
" At the same time I beg to assure you—indeed the assur-
ance, I hope, is not necessary—that no one would more than
myself rejoice on seeing a body of her Most Faithful Ma-
jesty's subjects, at present, and I am willing to believe from
misapprehension, alienated from their gracious Sovereign,
standing again before her throne.
" Such respectful communication would, I feel confilent,
lead to the best results, and such it would be not only my
duty, but my happiness to promote.
"G. H. SEYMOUR."
Thus closed the Sunday night, some degree of confi-
dence being given to the few English families remaicieg
by a hint that nothing hostile would be done by our
fleet in this vicinity, on account of the great value of
British property in Oporto ; and that the expedition
would not be disturbed till it reached Cascaes. In fact,
on Monday morning, the whole of our squadron and the
ships of the Junta were seen peaceably, and to all ap-
pearance sociably, at anchor off the bar—" the wolf
lying down with the lamb"—but a notice placed on the
bar book soon altered the case, and we saw, as it ex-
plained, that the Portuguese fleet was in fact environed
by the British squadron. The whole truth then became
known, and it wa, found that, at 4 s.u. on Monday, Sir
Thomas Maitland bad captured the whole of the Junta's
ships, and had disarmed the expedition. This was done
in so offhand and characteristic a manner that I cannot
do less than give the correspondence which accompanied
it. The correspondence begins with the following sum-
mons to surrender from Sir Thomas Maitland to the
Count das Antes :
"Her Majesty's Ship America, off Oporto, May 31.
" I have the honour to inform you that my orders are im-
perative to take possession of the Junta's vessels of war,
troops, &c. If they do not immediately anchor near the
America, I shall be compelled, however reluctantly, to use
force.

"T. MAITLAND."

A\ TAB.

" Lisbon, May 20.
"It becomes my duty, with the same views that dictated
my former letter, again to address you.
I beg, then, to apprize you and the• Junta of Oporto, that
a disregard on their part of the injunction to atstain from
all warlike operations by sea and land, until reference shall
have been made to the allied Governments, will be followed
by measures which will be the prelude of any others of the
same kind which may become necessary for putting a stop to
a useless expenditure of blood in Portugal.
" Her Majesty's squadron have in the first instance re-
ceived orders to close the port of Oporto against the egress
and ingress of all vessels of war, and others engaged in war-
like operations, belonging to the Junta, and while the same
measures will be carried into effect in the case of all other
ports and harbours recognising the authority of the Junta,
any other precautions which prudence may suggest will be
taken to prevent all unnecessary collision.
" It is my further duty, although the precaution is, I hope
and believe, unnecessary, to apprize you—and I beg to do so
in the most serious manner—that her Majesty's Government
will hold the Junta, both collectively and individual y, as
well as all officers, civil and military, of the Junta, respon-
sible forany the least act of violence towards the persons and
properties of her Majesty's subjects.
" I should state, in conclusion, that a discontinuance of all
warlike movements on the part of the Junta's forces will be
met by a corresponding cessation of hostilities on the part of
the forces of her Most Faithful Majesty by sea and land.
"I avail myself, &c. " G. H. SEYMOUR,
"Her Britannic Majesty's Minister."
The dispatch from Das Antas to the Junta, communi-
cating the capture of the expedition, comes in appro-
priately here, and is as follows:

Of course Das Antes, on receiving this letter, saw
that he had no chance of escaping, and so, making a
virtue of necessity, he struck his flag and wrote the fol-
lowing answer to Sir Thomas:—
" Minden°, off Oporto, May 31.
" I have received the communication which your Excel-
lency has made me. Surrounded by forces so much superior
to those under my command, I consider myself a prisoner of
war. I protest most solemnly against this violent infraction
of the laws of nations; against war, without any previous de-
claration of 'war, on a friendly nation; against the greatest
abuse of force over made under circumstances of the greatest
aggravation, which dishonours for ever the English nation.
Your Excellency will be pleasedto give orders as to the ulti-
mate destination of the force now under your command.
" CONDE DAS ANTAS."
Sir Thomas Maitland did not leave Das Antas long in
ignorance of his intentions, and he proceeded at once to
the disarmament of the troops in the following charac-
teristic manner:—

" Her Majesty's ship America, off Oporto, May 31.
" As the troops under your command are now prisoners of
war, in order to prevent unnecessary bloodshed, I have the
honour to request that you will give the nezessary directions
to them to lay down their arms, otherwise I must use the
means in my power to oblige them to do it.
" T. MAITLAND."

This order was obeyed without resistance. lam told
that one of our boats fired unnecessarily into one of the
smaller Junta vessels, and that two men were killed; but
as that affair is under inquiry, I will not more specially
allude to it. I hear that one officer stabbed himself to
the heart sooner than give up his sword, and that two
sailors threw themselves overboard, one of whom had the
good luck to swim to shore.
The full extent of the news was not known till the
afternoon of Monday. It, of course, produced a violent
irritation in the town, and caused the remaining English
subjects to reflect very seriously on their situation. The
Junta, however, behaved admirably ; not one of them
quitted his post, and by their orders strong patrols of
cavalry and infantry were put in movement, with strict
orders to protect strangers and to repress every symptom
of disorder. Had the Junta shown the white feather,
had they consulted their personal safety and fled, I
should not probably be alive to write this letter, nor
any other of my fellow-residents. Towards evening
the excitement which appeared during the day came to
a head—groups of men armed with heavy sticks were
seen in various parts of the city; but the police increased
its activity, the bludgeon men were disarmed, and the
public peace was so well protected during the night that
not a single act of injury occurred. The people of Villa
Nova at the other side of the Douro were not so fortu-
nate, and a few persons
.known as Cabtalistas were
beaten. The Junta certainly deserve credit for their
forbearance, for, according to the account which they
publish, and to the answers which they have given to
such Englishmen as called on them, the letter of Sir
Hamilton Seymour, declaratory of the final intentions of
the British Government, though dated Lisbon, May 20,
was not delivered to the Casa tia (palace of:the Junta)

. . .
till one o'clock of the afternoon of the 31st, exactly nine the bar, vithout expressing the strong-ieiPieThereiclertt.in
hours aqer the fleet and expedition e ere captured. This of the services you have rendered than services still more
tact is so strange—it is so contrary to British good faith grateful from y, ur uniform kindness and hospitality.
and repuoient to every feeling of fair pl te, that I have " The protection ou [aye se ably aftOrded them has been
made minute inquiriesinto it ; and lean state with certainty rendered most efficacious by the strict neutrality you have
been talc wed by lus of influence.
till after one o'c:ock P.m., on Monday the 31st, the capture , " they request the favour iit von to convey their thanks,_
of the expedition having taken placeist 4 A.m.,or just nine and this expression of their kiiid to the officers of
hours previously. It is argued that the intentions of your ship. and to those of the vest.els which have been under
our Government were no secret, that every one knew the your command.
capture would be made as soon as the Gladiator cleared ; " With every wishf or your prosperity, in which they must
the bar, that the flight of so many English families was ever take a warm interest, they have the honour to subscribe
themselves, Sir, your obliged and obedient servants,
a sufficient warning. But the Junta state in reply, that ;
suspicion is not proof; that the "friendly advice of Sir I
o Kobo, &c., her Majesty's ship Gladiator.'
" T Captain"lSigned by sixty-five British Residents. 3
Thomas Maitland to the Minden() calmed their appre-
hensions, and that acts of hostility are not committed by
civilized nations without an official declaration of war.
There is some reason in this statement, for either the
Junta are traitors, and sent out their squadron and the
flower of their army to be captured—or they placed con-
fidence in the friendly advice of Sir Ileums Maitland
and the probably" of Colonel Wylde. We cannot sup-
pose they were such bitter fools as to walk quietly into
the lion's den—and the-non delivery of Sir Hamilton
Seymour's letter till after the capture makes out a prima
facie case in their favour. Leaving that matter to he
explained in a satisfactory manner, as I have no douht
for the honour of the British came it will be, 1 give the
letter of Sir Hamilton Se) mour, of the ron-delivery of
which, before the expedition cleared the Douro, the Junta
so much complain.
"TB BRITISH MINISTER AT LISBON TO 1B CONDE DAS

(FROM OUR OWN CORRESPONDENT.)
LISBON, FRIDAY, JUNE 4.
The protocol aimed in London on the 22d ult. bas
already borne fruits. Active and most effectual inter-
vention has taken place witein eight da) a of the signa-
tures being affixed. Three steamers, a c-rvette, and
eight smaller vi-ssel-, in the service ot the Junta, with
9,400 men on board of Lt em, hose be n seized by cur
blockading squadron et the moth of the Douro, and
are new within the Tagus, the vessel,. restored to the
Queen of Periugal, and the insurp,rit division which
filled them impri-enad in Fort St..litl,an.
In my last 1 mentioned the return of the war- steamer
Bulldog to Lisbon, on the evening of the 27th ula, after
a rapid voyage of tour days trom Portsmouth. with
dispatches for Sir li. Seynieur and :admiral Parker,
communicating the signing of the protocol :Leti the fur-
ther instructions. Not an instant was lost ;n trar s-
mutting corresponding instruetiotis I y the Bulldeg to
the commander of our scpe:dron at Oporto. who was
directed (as I intimated in my last) to e make the
blockade effective," in conjunction with a French ship of
war. Within thirty hours after the-e instructions
reached Oporto, a grand expedition which the Junta
hail prepared to sail for Peniche, about thirty miles
north of Lisbon, and, disembark there, to march on the
capital, in pursuance of the policy which I described in
e former letter, arid which deszned to husik Donna
Maria off the throne and get her out of the kingdom
before Lord Palmerston could have prraeged with
France and Spain as to the ul error proceedings, sailed
from the Douro, with Das Antes on board as comma .der-
in-chief, when they fell, quite innocently, into the
hands of our blockading squadron, whase commander
stopt tl-te way," and intimi.ed that they could not pass.
Th, expeditionary 'quadrant chose to disregard this in-
timation, and was prueviaiing to pass out of the river
when, of course, without firing a spur, filch would have
been madness, considerlitg the superi Tay of naval force
on our site, they gave themselves up as p-isoners, with
many protestations that e they y tel. ed old) to constraint
and force," and with a formal dicturation that they
surrendered to the Allied Powers, and not to the Queen
of Portugal.
This important seizure took place at sunset on the
30th ult. It was the more important because the three
insurgent steamers which le ft Opor to about ten days since
(as detailed in my lest) had returned and formed part of
the present expedition. The vessels seiz-d by the allied
squadron were the following :—Steamers—Royal Tar,
Mindello, Porto, corvette Eighth of July ; Merchant
vessels—Florida Amizade and Amor da Petrie, and six
hiates—in all 12 vessels, having on board a force of
2,400 men of all arms, with 50 horses and two pieces of
artillery, the tailita. y commander of the expedition being
the Conde das Antes, arid the naval commander an Eng-
lishman, named Salter, who deserted at the commence-
ment of this insurrection from the naval service of the
Queen of Pi rtugal, and has since been doing all the in-
jury he could to his adopted Sovereign. The prize was
made on the bar in front of Oporto, and all the vessels
immediately cast anchor. Das Antes was on board the
Mindello steamer, and was allowed to remain there ; but
Salter was removed on board the Bulldog. Several of
the most important amongst the insurgent leaders were
likewise on board the vessels forming ;,he insurgent
squadron, and the leaders remaining in Oporto are for
the most part Miguelites. _ _

The commander of the blockading squadron, in pur-
suance of his instructions, informed Count des Antas and
the other leaders who surrendered themselves prisoners
to the allies, that they should be immediately brought to
the Tagus, where the orders of the British Minister and
Admiral could be taken as to how they were to be dis-
posed of. Accordingly, they sailed for the Tagus, es-
corted by a sufficient force, including our fine steamers
the Sidon and the Gladiator, and arrived here the day be-
fore yesterday. It became necessary to provide for their
rafe custody, and, after much discussion, Fort St. Julian,
at the mouth of the Tagus, was determined on as being,
all things considered, the most fitting place for the pur-
pose. The prisoners were disembarked there in the
course of yesterday, Sir H. Seymour, Admiral Parker,
and Colonel Wylde, having taken active measures to se-
cure the twofold object of their safe keeping and the best
accommodation, with a view to their personal comfort,
that could be obtained. Sir H. Seymour was especially
engaged for many hours of yesterday and the day before
in settling various difficulties connected with our occu-
pation of the fort as a place of secure and healthy
custody of the prisoners, and as to its sanatory
ar-
rangements, quite as much as the c ffectual garrisoning
of it.

The news of this important capture was carried to
Lisbon by the Madrid P,ninsular packet, which reached
this in the atternoon of the Ist instant. It speedily be-
came disseminated through the metropolis, and pro-
duced a most extraordinary sensation, having taken
every one by surpr se, and filling the Qu.en's supporters
with joy, and the adherents of the Junta v%ith dismay.
The arrival of the vessi Is trim Oporto followed shortly
alter the receipt of the intelliger.c, and it is impossible
to conceive anything more brilliant than the appearance
of the river, thus filled with ships of war and vessels of
all descriptions. The question of the safe custody of the
prisoners iuimediateiy gave Ilse to extensive negotia-
tions and transmission of instructions b,tvveen Lisbon
and the mouth of the Tagu-, about, live miles distant,
where the fh-q t of captured ves.sels and their convoy
(nearly 20 sail in sip lay. The Spanish brit of war
Sobvrano, 12, entered the river ..n the f..llowing day.
hearing u portion Gf the crew of the captured corvette
Eighth July ; and on the same day ti ,e Spanish cor-
vette Venus, 18, entered from Cadiz, and the war-
steamer Isabel Segunda, from a cruise on the coast.
On the previous day, in addition to the captured squa-
dron and its convoy, cur ship of war the Superb, and
our brig Recruit entered the river from a cruise on the
coast, as did likewise our war-steamer the Geyser, from
Portsmouth in four days. It is impossible to describe
the splendour of the scene which this most beautiful of
rivers thus presented, covered with beautiful moving ob-
jects that seemed imbued with life, )et showed in their
armaments such powerful materials of deetruction, and
lit up by a sun of incomparable brilliancy. Amongst the
ships of war in the river were four Spanish, one French,
and English almost innumerable.
The landing and securing of the prisoners within the
precincts of St. Julian's was completed yesterday after-
noon; they are guarded by a strong body of our marines.
On Wednesday some 50 cavalry and 16 artillerymen
went down in a steamer to conduct the captured horses
and mules to Lisbon, and arsenal boats to bring up the
armament, &c.

The greater number of the captured vessels arrived
here in a miserable state, short both of provisions and
water, which the leaders of the expedition, with the cus-
tomary negligence of the Peninsula, entirely forgot to
put on board in sufficient quantity. Too many men
were likewise crammed un board some of the vessels.
and they arrived, like the human cattle of a slaver, ter-
ribly exhausted by the excessive heat and confined
space. We have thus got a little army of prisoners on
our hands, and will not perhaps find it so easy to get rid
of the m. Whenever set at liberty they may immediately
proceed to make a fresh rebellion, of which their num-
bers •Aould form a sufficient nucleus. The country must
be in some degree re-organized before they are set free,
and the Queen's army established on a footing of real
efficiency. As the prisoners persevered in their con-
tumaciousness to the last, and surrendered, not to the
Queen, but to the allies, it is probable that they will not
get the benefit of the amnesty originally proposed.
On WednescLy morning, two aides-decamp, com-
missioned by Sada liandeira, presented themselves at
Vinhac's head-quarters, outside Setubal, offering to
accept an armistice. Dispatches were instantly for-
warded by Vinhaes upon this subject to the capital. I
am informed to-day that a steamer is to go to Oporto
immediately with the two aides-de-camp of Ss who
came over on Wednesday evening with Lieutenant Van-
sittart and an aide-de camp of Vinhaes. It is understood
that Sa proposes an armistice until he shall ha.e received
instructions from the Junta. A Coui,cil of Ministers
was held on the arrival ot these dispatches, and the
feeling generally prevails that the proposed suspensions
of hostilities has been accepted.
Amongst the prison. rs captured at the bar of Oporto
were some who had fled very recen ly from Lisbon and
joined the Junta's forces. Two had done so only the
other day. The Septembrist-s are putting it about tba_
Das Antas had been bought over, and, in short, sold
them.
Yesterday was Corpus Christi day, when the grandest
annual procession ot Portugal would, in ordinary cir-
cumstances have taken place, but the disturbed state of
the country prevented it.
The liberation of the Duke da Terceira by the Junta
at the eleventh hour was a measure which, however for-
tunate for the Duke, is little to be accounted to their
credit. The least consideration of the age, services, and
distinguished character of the most eminent of the
Queen of Portugal's subjects, makes his detention in
prison by an insurrectionary body for nearly eight
otfhmeiorstreifnuesxacl ,usaatblteh
ecnruuekitey,dewphaticmhellawas.s
aggravated
act
by
request six months back, to liberate the grey-headed old
warrior on parole.
A. royal decree, signed by the Queen, and counter-
signed by all the Ministers, declares Setubal and the
ports to the north of the Douro as far as Viana, to be
under blockade.
A conspiracy has been formed at Vizeu, which wra tcs
break i,ut in insurrection. The plan, however, has been
defeated by the activity of the authorities. A guerilla
of about 500 men was formed in the country round, but.
could make no progress in consequence of being pursued
closely by Baron de Ourem's column. The guerilla
fighting has continued at intervals about Vizeu, Guardtte
and Coimbra.
The works of the canal of Azambuja, for rendering
the Tagus navigable about thirty miles from Lisboa, are
still carried on by a company, of which the leading meta-,
ber is the Marquis de Fayal.
On the Ist information reached us that the Mignelite
General. Povoas, in the service of the Junta, 'admitted
in the Beira Alta, where he had been endeavouring to
get up a pronunciamieuio, that after the effective inter-
position ot the three Powers resistance was hopeless,
but that the appearance of strong resistymce should still
be continued, with a view to a more favourable trans-
action at the end. Baron de Ourem was still pursuing
the guerillas of the Serra de Estrella, and several of
them had returned to their homes.
The exchange on London is 54i ; the discount on
Bank of Lisbon notes is still at 2,300. The funds we

ROYAL SURREY THEATRE.
Under the Management of Mrs. Frances Dayldge, Lessee.
THIS EVENING

Will be performed Bellini's Opera. of LA SONNAMBULA ;
The Village l'hantwn. Rodolpho, Mr. Lerner; Elvino, Mr. Barri-
; Alessi°, Mr. Homeastle ; Amine, Miss Rainforth ; Lisa, Miss
It, lasses ; Teresa, Mrs. Daly ; Annette, Miss Vaughan.
Co conclude with Ishakspere's tragedy of MACBETH, with the
whle of Locke's music. Macbeth, Mr. Scutt; Lady Macbeth, Mrs.
ileum Yining.
Hoge , Pit, Is.; Gallery, Gd. Doors open at Six, commence
at Hall ft,* SIX.

ROYAL VIC lOKIA THEATRE.
TIIIS EVENING

Will be presented, a drama, in three acts, called THE MOUN-
TA IN JITHGE ; or, the Patriot's Grave. Characters by Messrs.
11:.ks, Dale, Bird, Searle, Howard, Gardner, Mrs. G. Lee, Mrs.
jacks, &c.
After which WILLIAM THO WPSON; or, the Sleepwalker and
his Rival.
To conclude with WILD-FIRE DICK, THE GIPSET HORSE-
STEALER ; or, the Fortunes and Changes of War.
Boxes, is.; Halt Price, fid. Pit, 6d. ; Gallery, 3d.

ROYAI, SURREY ZOO LOtllhCiA, IR.oGyaAlßlpigth:NneSss.
I.7nder the patronage of her Majesty, Prince
Albert, the Queen Dowager, &c.
Open every Monday, Tuesday, Wednesday, and Thursday.
AcLuission, th.e Shilling
The Proprietor begs to announce that he has, at a considerable
eitrense, erected a new Entrance, and a ifnagniticent Walk, with
Allier borders, statues, and a Central Fountain, in front of the
Eta Pictorial Representation of
TUB TOWN .tttD BAY OF GIBRALTAR.
The Menagerie contains many specimens, including the Glrage.
4 ;,4-gelles, &c. The Promenade Concerts, conducted ny Godfrey. A
representation of the Porcelain Tower of Nankin. The Gothic Bridge
gtatues. The grand Pyrotechnic Display, representing the
SIEGE OF GIBRALTAR
fqi.owi'l2' the commandenceßlowment ot the Bombardment, partial destruc-
tion ot Ins Town. ing up of the Battering Ships.

BER MAJESTY'S THENTRE. ;flll6- A
Russia,d by his
honoured
Highness Prince AlLert, accornpaneie,geen an. his
Eighness the Grand Duke Constantinineg of
her Majeety's Theatre yesterday even with
The Royal suite inc;taied the Viscountess Jocelyn: presence.
Imperial
vane Hon. Miss Matilda Paget, Vice_Ajna-
There were also present
Lutke, 31. de Berg, Lord C.nnoy.--, Lord Alfred Paget, Admiral
13ouverie, and lion. Colonel Grey.
his Excallencv the Russian Minister, the Baroness Brunnow,
Olga.de I...diner, the Duke of Devonshire, the Duku
Cleveland, the Marquis and Marchioness of Sligo, the
Earl
and Countess of Abprgavenny, the Earl of Munster, the Earl
stud Countess of Ilchester, the Earl and Countess of Eglinton,
liTi4count and Viscounte3s Middleton, Lord and Lady
Lawisharr, Lord Gardner, Lord Southampton, M. C. lion.
driesky, Count Hayden, Admiral Sir Hyde Parker, Mr. and
Mrs. Hodgson, Mr. Frank Mills, Mr. Goldsmid, Miss Lush-
ington, Mr. Hubert de Burgh, Sir W. M. Stanley, and Hon.
G. Byng,
FREEMASONRY IN PRUSSIA.—With the sanction
of the Prince 0C Prussia, the Grand Master of the Masonic
lodges of the' kingdom, the principal lodge of Freemasons
of Bresiaw, is about to expunge from its statutes, the •
paragraph whic h prohibits all persons from being received
as Freemasons who do not belong to the Christian
religion, and which especially prohibits admission of
Israelites.
A disease is at present prevalent among horses, but
not to any alarming extent, in the localities of Santon
Bridge, Gosforth, and Irton.—Cumberland Packet.