Star.
London, England, 1830-04-29 00:00:00

argued from the circumstance of the arms having been previously
sent, of the clearances having been made out for Rio Janeiro, and
from the tenor of the Marquis of Palmella's correspondence, that it
was intended to deceive the British Onverntnent, and that they were
justified, in their character of neutrals, to prevent a force which
sailed from the English waters to enter those of another Power, and
if they did so enter, to bring them back.
Sir J. MACKINTOSH said, when he heard his honourable and
learned friend, the Solicitor-General, refer to the law of nations, he
expected to have heard him quote some authority to justify an act,
which, for himself, he could never look upon as anything less than
a lawless violence. An alleged fraud on the part of the Portuguese
authorities here was the only thing he had yet heard offered in the
shape of argument, and in this argument it was assumed that such a
fraud would justify the course adopted by the British government.
Ile denied that such was the calse. No such conclusion could be based
upon the law of nations, upon municipal law, or upon any adjudged
elves. The general principle of the law of nations was, You may make
war in your own territory, in the enemy's territory, or in nobody's
territory, as it was technically called, that was, on the high seas.
No act of hostility could be greater than that which they had
committed in attacking the Portuguese in the waters of a Power
with which they were at peace. Questions of this kind were not to
be decided upon mere ingenious reasoning, founded upon abstract
principles. They met look not only to principle but to usage,
anti in this he was borne out by Lord Stowell in such questions the
greatest withority; not only in this country, but perhaps the greatest
that ever lived.— [II ere ',Wright hon. gent. read a passage front one of
Lord Stowell's judgments' in which it was laid down that, in the
condemnation of a vessel, It must be shown, not only that the judg.
merit was consistent with general principles, but also conformable to
the usage and practice of nations.] Now. the attempt made by the
gentlemen on the other side of the house was to justify an entirely
new practice, by forced and ingenious deduction front general
principles. He should not attempt so hordes:. a thing as to enter
into a contest with his hon. and tarred friend (Mr. Twies 1 fur
the prize of paradox, hut nothing which he had said could eludes
the general principle that the law of nations rotted not only
on principle but on usage, and he did not attempt to uce
a single instance to 'hew that usage justified what ha been
done. It was said, indeed, the Portuguese received wanting that
they would not be permitted to land. That dill not alter the
case. If a highwayman gave him warning that he Intended to
rob him, his guilt would not be the less, though he might not
he disposed to take that pert of the rued iu t'hich the robber watt
likely to meet him, unless indeed he was accompanied by some
of that police for which they were indent, d to the Right. lion.
Gentleman (Mr. Peel), and of whose y:_ivice4 be had already
experienced the benefit. Personally he knew the Marquis Pal-
etella to be a high-minded honourable man, whom he was proud
to call his friend : but he wee ready to argue the question uron
the suppositim that he had in contemplation something of a
plan to deceive the British Covet mane so it wee certainly most
clumsy in the execution. On the 2,111 t of August, when the arms I
were sent off; it was clear that they could rot have been intended
for the use of the men who were prevented from landing at Ter-
ceira, for the Marquises Palmella and Barbacena continued the
solicitations to Go% ointment that these men should be per-
mitted to remain two months longer in "ngland. It was, deur.
therefore, that the sending of the arms had no connection with the
subsequent sending of the troops. The relative situation in which
this country was now placed with respect to Portugal, wes not quite
unprecedented in history. In 1668, a revolution took place in Poe.
tugal, when Don Pedro displaced his eldest brother, and took
possession of the Crown. (Hear, hear.) Charles 11 in cot:se-
quence, refused to receive any ambassador from Don Pedro,
or to hold any communication steth him; and by a letter of
Sir G. Jenkins, written in 1680, it appeared that the reason
assigned by Charles for uat recognizing him was that he must be
previou-ly satisfied with respect to some facts inconsistent with the
principles of humanity and justice eeid to have taken place within the
palace. lie rejoimd that at treat Don Miguel was not yet recognized,
that he was not yet admitted into the club of Kings, who would
be blackballed by any club of Gentlemen in England. Charles
IL Tamed to recognize Dan Pedro, though no charge was brought
against him of having stained with blood the chamber of his father,
of having fomented a parricidal war, or of having practiced the foul.
eat frautls anti the moat gross deception on the Sovereign of this
country. Don Miguel had offered insult upon insult to the King
of Great Britain, and if his Majesty had been a private person, the
blood cf Breese ick which flowed in his veins would not have per.
nutted him to put up with those insults. In the affairs of Portugal
the Goyim-mitt had neglected the feelings and interests of the coun-
try. The affair at Terceira was opposed to justice and reason.
Mr. CounTENAT explained.
Mr. CROKER defended the measures of government, and corn.
plained that the right hon. and learned gentleman had trespassed on
the time of the house with itrelevant matter.—(Cry of " No, no.")
Ile cited the doctrine of a learned Dutch writer on the law of na-
tions, who laid it down as a maxim that neutrals were not to be in.
fluenced by the misconduct or character of the belligerents. His
right hon. friend had assumed that improper conduct on the part of
Don Miguel justified a breach of neutrality.—(Cry of "No, no.")
Without whiting to fatigue the horse with details respecting the
conduct of the Portuguese refugees, the hon. member stated the leading
facts from their arrival in England to the departure for Terceira, and
contended that they had been treated by the Duke of Wellington with
humanity. '1 hey were allowed an asylum, whilst they appeared as
private individuals, but when they became an armed band, which
menaced Portugal, this country could no longer sanction their stay
In England. They were permitted to go to Brazil, but neutra-
lity would have been violated if this country had suffered them
to leave its ports and attack Terceira. When they landed as
private individuals they were welcome to our shores, but when
they became a military body, and enlisted foreign mercenaries,
they were not welcome. There could be no doubt of the for-
bearance and charity of the Duke of Wellington. After they
had sailed, a report readied the Government that a squadron
was to sail from Lisbon fur the purpose for running them down at
sea. A fast sailing vessel was sent off by government to warn them
of their danger, aid as it appeared that they might suffer from want of
provisions, government actually sent out a supply to meet the exi.
gency. If there had been any departure from the laws of neutrality,
it was in behalf of the Portuguese emigrants.
Mr. WOOD said the refugeee brought no arms, and therefore
could not be considered an armed force.
Sir F. BURDETT considered himself bound by the importance
of the subject to say a few word.. lie thought the country much
indebted to the lon. and learned gentleman thr his excellent speech
on the question. There had been a fallacy all night in the argu.
inent, which twilit to justify the attack of the refugees upon a sup-
posed breach of neutrality. National honour and love of public li-
berty should at all tithes rise saperior to the dictates of narrow policy.
When they considered that this country owed every thing to the
hospitable and generous manner in which our ancestors, who loved
liberty, had been received by the Dutch, the doctrines of national law
must appear frivolous and vexatious. If the Dutch had acted upon
the law of nations as laid down by sonic honourable members, the
Revolution of 1688 could not have been secured, and they might
not have been in that house to discuss the question of public
liberty. According to the law of nations, they had a right to
whit persons struggling fur their liberty. That was the view
taken by Mr. Canning, and, it' he had not died as he did, Don
Miguel would never have been a despot in Portugal. The ho-
nourable baronet blamed the Government for doing the dirty
work of Don Miguel. What occasion was there for England to be
Minister of Justice, and attack Terceira ? England had been too
forward in a transaction which must stand a stain in the annals of
the country.
Mr. Secretary PEEL said he only whiled on this subject to ap.
peal to the common sense of mankind; he was quite satisfied that
they had pursued that strict neutrality which was most essential to
the interests of the country. They had no other object, and repeated
majorities of the house had confirmed the wisdom of their views. The
British Government had in every respect treated the Portuguese
with the utmost degree of sympathy, consistently with the pre.
serration of a strict neutrality. The British Minister at Madrid
had made representations to this government which were imme-
diately attended to, and it was owing to our interference that
they were enabled to reach this country. Wcre we to risk a war,
considering the condition of the litigant parties ? An attempt
was made upon Oporto; it failed; and were we to enceurage a
similar outrage in other parts of the Portuguese dominions ?
Common sense and sound policy said not, and these were the
feelings which directed the British Government. To what end
would our hostile interference have led ? We determined upon
preserving a neutrality which was not disregarded, and he was satis.
fed that they shouldbe the test hywhich the conduct of his Majesty's
Government should be tried. They had no sinister object; they
remonstrated with the Government of Miguel ; he paid little or no
attention to them ; but a war, he again repeated, was absolutely
necessary to be avoided. This, on our part, was only consulting
prudence. We did all we could, and it was no doubt to be regretted
that we could not have effected some more amicable arrangement.
But how were we to interfere in such a case of civil dissension ?
No course was left but that which the British Government had
taken; and this house, he had no doubt, would fully approve of
it. The military character of the expedition to Terceira could
not be denied. Leave was asked to export arms and ammunition
on board the ship of war Isabel, by the Marquis Barbacena; ii:waa
granted for Brazil upon good faith ; but the Marquis Palmella said,
if these men were at Terceira, he would feel it his duty to provide
for them in the best way he could. The Portuguese troops sailed
from this country in eleven transports; true, they had not arms
on board, but they were shipped in other transports for their
use • and could any Government, acting upon a principle of neu.
unity, permit so gross a deviation from it ? Even in England
the Portuguese Refugees were addressed by General Stubbs as a
military force ; they left this country in that character, and what
could the British Government do otherwise than they had done ?