The Sun.
London, England, 1834-05-07 00:00:00

FOREIGN POLICY-PORTUGAL.

The Marquis of LONDONDERRY said, that in drawing
their lordships' attention to the subject of which he had
given notice, he knew full well the great difficulty under
which he laboured, and no one could be more sensible than
he was of the incompetency of the individual who was then
addressing them to bring such a subject forward. Ever since
the noble earl opposite had been placed at the head of his
Majesty's, government he had seen, with great regret, a
system pursued with respect to foreign affairs very different
from that which had been formerly adopted. Looking
at a system which had been pursued by the noble
earl with respect to the establishment of a French
colony, their lordships would find that France had now de-
clared its determination to retain possession of that colony,
in defiance of all promises that had been made to the con-
trary and he would ask the noble earl what he had gained
by making all those concessions to France ? (Hear, hear. )
If it should turn out that the councils of a man in this
country, to whose great talents he was the most ready to
subscribe, though he at the same time must say
that he was one of the most wily politicians of any time
or of any country, had been most implicitly followed, then he
would ask whether this country stood in the same situa-
tion in regard to foreign affairs, as she did in former and
not very recent times. (Hear.) At all events he
thought there could be no harm in eliciting from
the noble earl whether there was any such intention
on the part of the Government as was stated with regard
to Portugal. The noble marquis then read a portion
of a speech delivered by Lord Grey upon a former
occasion with respect to the importance to this country of
there being no interference in Portuguese affairs by
Spain, but in the wisdom of those opinions he was
sorry that the Government did not now concur. There
was at that moment a civil war raging in both countries,
and he was sorry to say that to him it appeared that
the present government had uniformly upheld those
parties in each of these countries who were the greatest
enemies of this country. As he understood the policy of
the noble earl, we were still supposed to take no part in
the dissensions of either country, except what was called
a neutral one, but he would ask the house whether
that neutrality had been stnctly adhered to ? (Hear,
hear.) He would also ask whether there had not
been some most gross violations of the treaties
in force with Spain had not Spanish troops
frequently violated the soil of Portugal, and that without
any known intervention of the Government of this
country? (Hear, hear.) He would like to know whe-
ther these aggressions had been sanctioned by the
British government and if so, he would then ask the noble
lords opposite why there had been such a violent change
in their opinions upon the subject in so short a
time as a very few years. The noble marquis then
read extracts from the speeches of several of the Ministry
upon the question of the Spanish invasion of 1827, and
quoted their opinions, as then stated, upon the construction
of the treaties in force between Portugal and England.
He thought it his duty to call the attention of the noble
earl to those, and to ask what the intention of his Majesty's
ministers was with respect to them ; and whether it was
intended to keep up that state of neutrality which had ex-
isted towards Portugal? It was particularly with a view
to this part, that he ventured to bring forward the sub-
ject at this moment, and had it not been for the cruelty
exercised by Don Pedro towards Sir John Camp-
bell, he should not have brought the subject forward.
—(Hear.) That gallant gentleman had expressed his
sentiments as a free born Briton, and having embarked
in a British vessel for England, not having mixed himself
up in any of the political affairs of Portugal, he was taken
a prisoner by the St. Juan schooner, and was confined in
prison for upwards of eight months, and it was not
till some favourable interposition took place on his behalf
that his sufferings were in the least mitigated. He (the
Marquis of Londonderry) had had an opportunity of
knowing that officer since the year 1809, and he would
say that if ever there was an officer more distinguished than
another for gallantry, he was the man ; and he would take
upon himself to say, that no individual was more deserving
of the consideration of his Majesty's Government than he
was. He had, it was true, been removed from the
prison of St. George to that of Belem, but that removal
had rendered his condition much worse than it was before.
He (the noble marquis) could not account for this, and
thought that it would be no more than an act of justice to
deliver such an officer from so unjust an imprisonment.
He did not wish to trouble the house further on the subject,
and would only say, that when applications were
made at the Foreign Office on his behalf, it was
stated that he had made himself obnoxious to the
government of Portugal, and he must therefore
abide by the consequences. There were various other
subjects connected with the conduct of the government of
Portugal, which ought to be brought underthe consideration
of their lordships. The conduct of Don Pedro to British
merchants had reflected any thing but credit on the feel-
ing of humanity of the Government of Portugal ;
but he (the noble marquis) would not now enter into
that subject, but content himself with moving, that an
humble address be presented to his Majesty—that he
would be graciously pleased to order that there be laid
before the— house copies or extracts of all the
correspondence between his Majesty's Principal Secretary
of State for Foreign Affairs, and his Majesty's Ambassador
at Lisbon, relative to the capture and imprisonment, in
the castle of St. George, of Sir John Campbell, late an
officer in the British army, and a British subject.
Earl GREY said, that when he came into the house he
was for the first time told of the nature of the noble mar-
quis's motion. He hadpreviously no knowledge of it except
from the general notice which the noble marquis gave for-
merly, viz., that he would put certain questions respecting
the state of Portugal, and also respecting certain treaties ;
stating also that he should advert to the case of Sir John
Campbell. At that time the noble marquis gave no notice
in the terms of the present motion, nor did he know of it
until he found it entered on the books. The noble mar-
quis did not say what papers he wished to have produced,
and he (Lord G.) had not had time to see whether they
could be produced without detriment to the public ser-
vice, It was usual to communicate beforehand to one of
his Majesty's ministers what papers were intended to be
moved for, so that he might be prepared to say whether
they could be produced or not. He would, however, con-
sider the subject, and such papers as could be produced he
should have no objection to lay on their lordships' table.
The noble marquis condemned the whole foreign policy of
the Government, charging them with abandoning a system
which he approved of, and with cultivating an alliance
with France at the expense of the best interests of this
country. He ( Lord G.) denied that his Majesty's Ministers
had abandoned any system which it was the interest of this
country to adopt. That we had cultivated an alliance
with France was true, but it was without dishonour ; and
it was such an alliance as it was to the best in-
terests of this country to secure. (Hear, hear, hear. )
As to the allusions to the French ambassador, it was not
necessary for ministers to defend themselves from any
thing that had taken place between them and that illustrious
person ; but in all their dealings with him he had acted with
the greatest candour and honour, and in a way calculated to
improve and secure the best interests of the two countries.
(Hear, hear, hear.) The noble marquis imputed to
the policy of government, in general terms, the
present state of Algiers, Turkey, Portugal ; but
Spain, and when he chose to bring forward any speci-
fic and tangible charge he (Lord Grey) would be pre-
pared to answer it, and to defend the policy he had
pursued. It was notorious that a treaty had been agreed to,
but as the ratification of it was not completed, it could not yet
be before the house, andany discussion on it now would be
premature, The noble marquis accused ministers of acknow-
ledging Donna Maria, but it should be recollected that that
was done long before the present ministers had come into
office. The noble earl then defended the acknowledgment
of the existing government of Spain as a measure that was
for the interest of that country, and according to the old
law of Spain. With regard to the case of Sir J. Campbell,
he trusted lie should give an answer that would be satis-

factory to the noble marquis. He hoped that nothing in
that case would induce the house to suspect that he could
abstain from doing what he was bound to do,
on account of any political offence which Sir John
Campbell had committed. In October, 1832, he ap-
peared in a list of officers promoted to the rank of Lieut.-
General of the Portuguese service, and he was engaged
for Don Miguel. At the time of his being taken prisoner,
no notification whatever was given that he had quitted that
service. The circumstances connected with Sir John
Campbell's case were these :—ln 1831 that officer entered
Don Miguel's service, and, every one appeared to think,
was most actively engaged in that service. On the 12th
of August last he was taken prisoner on board a British
vessel, and on his person were found despatches to the
minister of Don Miguel. The circumstances of the case
were referred to Lord William Russell, and his lordship
felt it his duty to submit the case to the British govern-
ment. This was on the 31st of August. On the 15th of
September, despatches were forwarded from his 3lajesty's
government to Lord William Russell, instructing him how
to act in the circumstances of the case. He (Earl Grey)
had referred the case of Sir John Campbell to the King's
Advocate, to see whether or not the Portuguese govern-
ment had, according to the law of nations, any right to
retain that officer. The opinion of the King's Advocate
was, that having entered Don Miguel's service, he sub-
jected himself to being dealt with as a Portuguese subject.
He (Earl Grey) had done all he could do to mitigate the
severity of Sir John Campbell's imprisonment. The
noble marquis would see from the papers, for the pro-
duction of which he called, that his Majesty's govern-
ment had made various representations to the Portu-
guese government on behalf of that officer. From the
statements made by the Portuguese government on the
subject, which statements would be seen in the corre-
spondence of the two governments, it appeared that Sir
J. Campbell was a strenuous partizan of Don Miguel, and
that though then about quitting Miguel's service, he was,
at the time he was taken, the bearer of despatches to one
of his ministers. The whole of the circumstances of the
case were laid before the King's Advocate, and his opinion
was, that Sir J. Campbell was not entitled to claim the
protection of a British subject. The most mature consi-
deration was given to all the circumstances connected with
the case. Application, as he had already mentioned, was
then made to the Portuguese government, to secure, if
possible, a mitigation of the severity of his punishment.
The answer was, that Sir J. Campbell was one of the most
active of Donna Maria's enemies, and that, therefore, they
thought he ought not to be released. He (Earl Grey)
appealed to their lordships whether, under all the circum-
stances of the case, his Majesty's government could, after
the opinion so confidently expressed by the King's Advo-
cate, do more than they had done for Sir John Campbell.
But the noble marquis was not content with the specific
charges he had made in this case, but must make general
charges of the ill-treatment to which British subjects were
subjected in Portugal. He had stated that it was a mat-
ter of quite common occurrence to see British subjects
walking in the streets of Lisbon in chains. In answer to
this charge, he begged to state, that Lord Wm. Russell
had been written to on the subject, and his lordship's an-
swer was, that though daily in the streets of Lisbon, he
never saw such a thing, excepting in one case, which was
for a serious offence. With regard to the imprisonment
of British subjects, it was true that there were some in-
stances ; and in order that he might ascertain the circum-
stances under which the subjects of his Britannic Ma-
jesty
were confined, Lord William Russell wrote to Col.
Shaw, desiring to be informed under what charges such
confinement had taken place. Colonel Shaw, in answer
to his lordship's application, enumerated the offences with
which the individuals imprisoned were charged. The
noble earl here read the names of the prisoners, and the
offences of which they were severally accused. His lord-
ship, reading the letter of Colonel Shaw, proceeded thus—
" One cause of all this mischief is a coward thief of the
name of George White, who had been a clerk to Joseph
Hume, whom he robbed in London." (Shouts of laughter
from all parts of the house, which lasted for some time.)
He (Earl Grey) had no objection to the production of the
papers for which the noble marquis had moved, so far as
their production was consistent with the public service. He
would not enter more fully at that time into the question
brought before their lordships by the noble marquis, but
defer whatever other observations he should have to make
until the more specific charges against his Majesty's go-
vernment, threatened to be made by the noble marquis,
were brought forward.
The Duke of WELLINGTON thought that in entering
the service of Don Miguel, Sir John Campbell had com-
mitted a breach of the Foreign Enlistment Act, and that,
therefore, not having his Majesty's permission to enter
that service, the circumstance prejudiced his case. Still
he thought some steps should be taken to release him from
the rigorous confinement he was now suffering. It was
true that Sir John Campbell had been seized on board a
British vessel ; but then he was seized with despatches for
Don Miguel's friends on him, and therefore he (the Duke
of Wellington) must admit that the detention was per-
fectly legal. But the question was, what could the go-
vernment do for a British subject legally detained ?
(Hear, hear.) He was not taken in active service :
he had despatches on him, but was not an active officer
at the time of his capture, nor was he taken on Por-
tuguese territory. Though the Portuguese govern-
ment therefore had a right to seize and detain him, he (the
Duke of Wellington) thought he had been unjustly treated
since his capture. They had no right to consider him as
a prisoner of war. Instead of confining him in prison,
they ought to have made him over to the officer appointed
to examine British subjects in such cases. He (the Duke
of Wellington) maintained that, in all the circumstances
of the case, Sir John Campbell had a right to claim the
protection of a British subject. He had a right to insist
on justice being done him, that he should receive no more
punishment than the circumstances of the case warranted.
He (the Duke of Wellington) was avoiding the other to-
pics referred to by the noble earl until a more convenient
time should present itself for their discussion.
Earl GREY replied. He contended that Sir John
Campbell had no right, in all the circumstances of the
case, to claim the protection of a British subject. He
had been in Don Miguel's service at the time he was taken,
and being in that situation, it was impossible he could claim
the privileges of a British subject.
Lord WNFORD said there were several facts of im-
portance in favour of Sir J. Campbell which had not been
brought forward.
Earl GREY could only say, that every material fact
in his possession, bearing on the case of Sir John Camp-
bell, had been laid by him (Earl Grey) before the King's
Advocate. _ _ .

Lord WYNFORD disclaimed all idea of wishing to in-
sinuate that the noble earl had knowingly kept back any
fact in his possession connected with the subject, but still
there were facts of great importance which yet remained
to be produced. Sir John Campbell had not regularly en-
listed in the service of Don Miguel as a soldier,
but had entered that service as a volunteer; and the
very instant he knew that Donna Maria had been pro-
claimed Queen of Portugal, he determined on quit..
ting the service of Don Miguel, and returning to
England. With this view he had got his passport—had
travelled through Portugal with that passport in his pocket
—and was on board a British vessel when taken. He
(Lord Wynford) wished, therefore, to ascertain from the
King's Advocate whether, in those circumstances, the
Portuguese Government had a right to detain Sir John
Campbell? (Hear, hear.) If these facts were true, the
Portuguese Government had not injured that gallant
officer, but had been guilty of offering an insult to the
British flag. (Hear, hear.) Sir John Campbell was a
British subject, and was entitled to the protection of a
British subject the moment he had entered a British ship,
and that ship had left the port.
Earl GREY said, that as Sir John Campbell was seized
whilst going out of a blockaded port with despatches ad-
verse to the Portuguese Government, he could have no
right to claim protection from this country.
Lord WYNFORD could not see that the mere fact of
the port being blockaded, could, in all the circumstances of
the case, affect the merits of the question.
Earl GREY would say no more than this, that what he
had stated was the opinion of the King's Advocate, and he
(Earl Grey) stated it by his authority.
The LORD CHANCELLOR would not deny that
there were circumstances in which, as stated by the noble
lord (Lord Wynford) a blockade might be limited ; but
the facts of the case had satisfied the King's Advocate that
a breach of the blockade had been committed in this in-
stance, and therefore the vessel became liable to seizure.

The Marquis of BERESFORD thought that Sir John
Campbell, while he admitted that he ought to be consi-
dered as a prisoner of war, ought not to be subjected to a
punishment more severe than that inflicted on other officers
under similar circumstances. It was incumbent on his Ma-
jesty's Government to say that of Portugal, "If you keep
Sir John Campbell as a prisoner of war, you must treat
him as he has a right to be treated under such circum-
stances." (Hear hear.) He (the Marquis of Beresford)
had reason to believe that the Vice Consul at Figueiras had
told Sir John Campbell that he might with safety go on
board the vessel in which he was taken.

The Duke of RICHMOND did not deny that the Vice
Consul had told Sir John Campbell that he might go on
board the vessel in question ; but then it was of import-
ance that their lordships should bear in mind that he was
not aware at the time that that officer was the bearer of
despatches to the minister of Don Miguel.' These de-
spatches proved that he was still in the service of Don Mi-
guel, and, therefore, his capture was legal. He (the Duke
of Richmond) did not stand up to say whether the Portu-
guese Government did or not exercise too much severity
towards Sir John Campbell ; but simply to state the cir-
cumstances under which the capture was made.
The Marquis of LONDONDERRY then rose to reply.
He said he was content to take the papers as agreed to by
the noble earl ; but should those papers not give the re
quired information, he should take a future opportunity of
moving an humble address to his Majesty for the further
production of papers on the same subject.
The motion was then agreed to.
INDEMNITY TO WITNESSES (LIVERPOOL)