The Sun.
London, England, 1832-02-10 00:00:00

again, admitted, that the treaty to which we alluded re-
maineeain full force, notwithstanding our non-recognition
of Don Miguel. On the 14,h of May, however, it was
clear that the treaty came 113t0 full operation ; and the
very circumstance of its having been suspended neeht to
have induced us to return to it with a faller determina-
tion to adhere to its provisiont.—( Hear, hear, bear.)
Viewing, then, the position in which the two
countries and the relations in which both etood to-
wards France, he would put it to the rouse to say,
was it an advice consistent with good faith and sin-
cerity, on the part of this country, to recommend that
Portugal should in all things submit herself to France?
Yet that advice, he would affirm, was given without even
tare shadow of any attempt to examine into the justice of
those demands. He did not state this without being pre-
pared to show that the assertion was abundantly well-
foondecl ; for the Noble Lord, on the 17th of June, wrote
a letter to a British Consul, recommending that the Por-
tuguese Government should give way—in all things give
way to that of France; and a grosser instance of paatiality
would not, he believed, be found in the whose history of
dipaarriacy. The case to which hit motion would more
particularly refer w.s one without analogy; indeed be
might add, there was a close resemblance between it and
that which had occurred in the time of air. Canning. And
what did Mr. Canning do ? He applied to the French
Government, and said that all he asked was, that a British
sillject should he treated in France the same way as if
he were a French subject. On the treatment of ta e gentleman
Mr. Canning consulted two eminent French lawyers, and
upon their certificate, that the treatment of Mr. flowring
was in perfect accordance with the French law, and
in no respect different from that to which a Fcench
jeer would be subjected. The Right Hum. Gentleman then
proceeded to advert to a case of a French subject who had
been in Portugal, punished according to Portugues.a laws,
for hiving been guilty of that which in eatery country
would he esteemed a flagrant offence..-viz , an act of in-
decency committed in it church, from which he went to
sletal the proceeding taken thereupon by the French Go-
vernment, the demands made by the French Admiral,
the consequences of those demands, and the *erica,
other particulars connected with transactions already
before the public. He then observed, that it appeared
most clearly, from the whole of the circurnstantrealwhich
had transpired, that it would be infinitely more agaeeable
to France to effect her objects through the sgency Of Don
Pedro than by means of Dan Miguel. In illustration
of the extraordinary policy pursued by this country to-
wards Portugal, be would call the attention of the
House to a remarkable passage in the Speech de-
livered from the throne at the opening of the present
session. He then read as follows :—" The conduct
of the Portuguese Government, and the repeated injurie4
to which my subjects have been exposed, have prevented
a renewal of my diplomatic relations with that kingdom.
The state of a country so long united with this by the ties
of the most intimate alliance must necessarily be to me an
nbjtct of the deepest interest; and the return to Euriipe of
the elder branch of the illustrious House of Braeanzal, and
the dangers of a disputed succession, will require myianost
vigilant attention to events by which not only the safety of
Portugal but the general interest,' of Europe, may be
affected." The Speech thus annonneed the renirn to Europe
of Don Pedro, an event which had occurred in the. month
of Jane preceding—indeed, long before the time at which
his Majesty had delivered his preceding Speech to the Par-
liament, Dan Pedro had long before that time arrived in
Europe, and he left Brazil for the simple reason that
he was unable to maintain his Government there.
The Speech referred, as the House would remember,
to a disputed succession in Portugal. As to our con-
duct in such a case. he would perceive that there
could not he much difference of opinion. Lord
Grey, he was sure, and he was likewise cure Lord
Brougham, did not doubt that the only course which Eng-
land could with propriety pursue was that of strict
neutrality. To any application for assistance he was
quite sure that the Noble Lord opposite did, or at lieast
ought, to have replied in the same manner as Lord Aber-
deen did three years ago to the requests of Don Pedro.—
He presumed that no Secretary for Foreign Affairs would
venture to act otherwise; for if there were one truth more
clear and indisputable than another it was this, that the
law of England was opposed to any interference in the dis-
putes of Foreign Stares. Now he wished to know if Go-
vernment had enforced the law which attached pe-
nal,as to enlistment for foreign service, or aiding in
the equipment of expeditions directed against coin-
tries at peace with England. He wished to know.; if
Government was called on to enforce those laws,
for, if so c :fled on, he hesitated not to affirm that
it would be their bounden duty to comply with such
a demand. He would say that Government had been ex-
ceedingly slack in enforcing those laws, and if by any con-
nivance of theirs there had been encouragement afforded
to one tarty or the other in Portugal, there could he ver
little doubt that the advisers of the. Crown had tilers
incurred a very grave responsibility. It would be
vain that they would refer to the example of Mr. C-
ping, for he had always heen the most strenuous advoc
of strict neutrality. True, it might he alleged, that
the course to which the Government at present appeal
to be giving a sanction, they were preventing Porto;
from falling into the hands of Spain ; but that preventi
would afford little consolation to us, if she even ua
became tributary to France. He concluded by moving f
copies or extracts of despatcher, if any, supplying info
mation relative to enlistment in any foreign forces. or au
ing in the equipment of an expedition proceeding to Pot
tugal; together with a statement of proceedings, if an:
taken by Government thereon

Sir J. MACKINTOSH declared that he had never
beard a case so entirely barren of proof as that which had
just been laid before the House ; and lie was the more free
to say so as the deficiency of proof was no fault of his Right
Hon. Friend, for he had made the best of it, and would,
no doubt, have produced proof if he possess-d any—he
would not have failed to tinder evidence had any been
within his reach. One of the objects of his motion was
to ascertain, it possible, what were the proceedings
adopted by Ministers for the frustration of the ex; edition
fitting out against the Government of Portugal, assuming
that Government had actually taken proceedings thereon,
which proceedings could have alone been founded on what
was called the Foreign Enlistment Act. That was a mea-
sure which he had ever strenuously opposed, and he re-
tained fully his abhorrence to that measure ; but as long as
it remained the law he should submit to it as he should do
to every part of the law of the country ; but that con-
aid. ration would not lead him to agree with his Right
Hon. Friend, that the Act was so liberal as that it could he
stretched to the length of justifying the Government in
adopting proceedings of their own mere motion against
persons whom no private prosecution—wham no Foreign
Minister had ever applied to them, to enforce the law.
There was no special obligation on them to enforce that
law more than any other statute—the obligation, if any,
rather lay on the other side, as respected a statute of its
vile and odious characer. It was one of those laws which
had never been acted on except at the instance of a foreign
Government or a private prosecution. The duty of a spun-
taaeous improvement of such a law was a doctrine perfectly
new to him; and if any Administration were to act upon
it, such a proceeding could not fail to bring down upon
them a load of odium and obloquy : but yet upon
doctrines and assumptions such as these—upon vague
rumour, a motion such as that which the House had just
beard was to be founded. The whole case made out con-
sisted solely of assertions; nothing like proof—not even a
pledge to produce proofs. Indeed, so sensible did his
Rielit Hon. Friend appear of the total absence of any-
thing like proof, that he faintly touched upon, and in
some cases hurried over, those parts of his speech where
proofs would most be looked for. The observance of
treaties had been warmly insisted on by his Right Hon.
Friend. Did any man suppose that Portugal was to he
supported in every case, through any unjust war in which
oho might engage? No ; on the contrary, the concur-
rent testimony of all Jurists established the principle, that
faith and justice were indissolubly bound up together.
Wure it otherwise, it would be a league between robbers,
and not a defensive treaty between nations. As to the
course which France adopted, he confessed it did ap-
peal him that she could not have acted otherwise. A
French subjtet_let his crime he what it might—treated
in a manner unheaed-of in civilised countries—he was
whipped round the stie....—(Hear, hear, from the Op-
position benches.) Hon. o.fitlemen might cheer, and
he congratulated them upon the feelings which enabled
them to rejoice from such a cause; and for their gratiti-
cation he would supply them with fta.ther grounds for
satisfaction and applause. The umfortunasa man was
banished to Angora. sentenced to tea ye ti<' confine-
ment, and no doubt to hard labour. Was there
any one acquainted with the climate of that pace,
who would hesitate to acknowledge the fearful c 0.,.
bination of barbarities conveyed in that sentence)
They were not contented with the ordinary punishmennbut
proceeded to inflict on the prisoner the severest in their
power.
Sending a man to a pestilential place of impri-
sonment was certainly a punishment of the severest kind.
_(Hear, hear.) The other was that of a poor old man,
who was imprisoned, he knew not for what offence, but
chiefly, he believed, because the-old man was a Frenchman;
for the crime of being either an Englishman or a French-
man was apparently the most heinous that could he com-
mitted against the prosiest Government of Portugal. Sa-
dines, the man be referred to,wasremoved from an ordinary