Star.
London, England, 1830-03-24 00:00:00

TERCEIMA.

The Marquis CLANRlCAlaii.inrising to submit a motion on
the subject of which he had given previous notice, relating
to the affair:at Terceira, regretted the inadequacy of his
arguments to support a matter of that vast importance, to
which he had undertaken to call the attention of the house. (Hear,
hear.) Feeling, however, the necessity of not passing in silence
an affair which called for further inquiry, lest it should grow into a
t hereafter, he thought it would be • dereliction of his
dui were he not, humble as he was, to submit some resolutions
to their lordships on the subject. (Hear, hear, bear.) He could
not help expressing his disappointment at the scanty information
with respect to the affairs of Portugal which had been hitherto fur.
nished to the house; and he thought the papers laid before their
lordships at the close of the last session of Parliament. by the noble
earl the Secretary of State for Foreign Affairs, were not so ample in
their information as the house and country had a right to expect.
With respect to one particular point, he thought this observation
applied with considerable force—he meant the keeping back the
protest of Count Saldanha to Captain Walpole, after his vessels were
attacked. He thought this document would furnish informatioo
which would enable the house to come to a more accurate conclusion
than otherwise could be arrived at. flowerer, there was enough
seen to enable their lordships to pronounce an opinion. The noble
marquis would now, with their' ships' pemtission refer to the
resolutions with which he should have the honour of concluding for
the adoption of the house. The first resolutions recapitulated the
facts respecting the arrival of the Queen of Portugal in this coon.
try ; the recognition of her by his Majesty as sovereign of that
kingdom ; and the arrival and departure of the Portuguese. The
next resolutions were in these terms :

" That these unarmed merchant ships and passengers (conveying
the Portuguese from Plymouth to Terceira) were prevented by his
Majesty's naval forces, sent for that purpose, from entering the liar. j
boor of Porto Prays; and that, after they had been fired into, and
blood had been spilled, they were compelled, under the threat of the
further use of force, again to proceed to sea, and warned to quit the
neighbourhood of Terceira, and the rest of the Azores, but that they
might go wherever else they might think proper.'
" That the use of force in interrupting these unarmed vessels, and
reenting them from anchoring and landing their passengers in the
harbour of Porto Prays, was a violation of the sovereignty of that '
state to which the inland of Andra beloneed; and that the fur-
ther interference to o compel these merchant ships or transports to
quit the neighbourhood of the Azores,' was an assumption of
jurisdiction upon the high seas, neither justified by the necessity
' of the case, nor sanctioned by the general law of nations."
Their lordships would see that in the resolutions he had not en.
I tend into the policy of the conduct which his majesty's ministers
had pursued with respect to Don Miguel. He did not now intend
to enter into a consideration of the question of neutrality. Their
lordships would recollect, that after the success of the usurpation of
Don Miguel, a considerable number of Portuguese, faithful to the
Queen of Portugal, Donna Maria, sought an asylum in this coun-
try. By doing so, however, they never relinquished their own
right as her subjects. As they had landed upon our shores, with
respect to those rights, so had they a right to depart. They had
been pursued by the enemy of their lawful sovereign—they had
suffered under misfortuue, and sought shelter in England. They
might naturally enough believe that protection at least world be af.
forded them, as they lied been all hut guaranteed safety by the go.
remittent. noon after their arrival iu this country, information was
brought that Terceira had remained faithful to the Queen, and they
wished, and had a right, to go thither The noble marquis
then referred to a passage in a letters written by the Duke a
Wellington to the Marquis de Barbacena, with respect to an
application made for a convoy to the Portuguese, and also to
another communication of the Marquis de Palmella, front which
he (the Marquis of Clanricanle) argued that the Portuguese
had no reason to apprehend they would be heated in the mans
tier they were when oil' Terceira. They went not in a hostile
manner—they had no ammunition, no antis, unless side.arms ; and
proceeded in vessels not coutaining more than about WO individuals
each. They did not go in divisions n(3,000 or 411 W men, like an
armed fence, to attack sit island, but in parties of 000, as he had
just stated. Emigrants going to Canada and other places went in
bodies as nomenion as these Portuguese. I hey were a body of
loyal Portuguese returning to their own home, to the dominions of
their sovereign, when they were no unjustifiably. and in violation of
all law, attacked. It had been asserted by the noble &eatery of
State on the opposite Slav of the house, that there were a great many
Germans and Danes amongst the Portuguese. Whence did the
noble secretary derive his information •!. He (the Marquis of Clanri.
cattle) had infiwmation of a different description. His information'
stated " that there wan not a German nor Dane with the emigrants."
The information was signed by an )ffi,!er in the service of Donna
Maria, who sailed with the party from Portsmouth. He had his
name, but he fotbore giving it. The noble duke at the head of
his majesty's government had cheered when he had mentioned in
the cortespon- ice the word et peduiem. Did the noble duke con-
sider that an expedition was necenairily of a hostile nature ? He
(the Marquis of Clanricartle) maintained that the law of nations had
been violated by the pioceediam. of Terceira. He to know
by what law it wee that we had any right to fire uponbetrieubjeets of
Donna Maria at Terceira ? Ile again would repeat that they were
the subjects of Donna Maria, upon her ten lorries, and the proceed.
ing was a violation of all national law. The quotation used by the
noble earl us a former occasion, respecting what was the violation
of the rights of nations, did sot apply to the question b:fore the
house. The observation of the welter thus quoted by the noble earl
did not beer upon the case. He (the noble marquis) had consulted the
bast authorities on the subject of the law amitosis, and be bad am
been able to discoveracase quite in point. The case which bad metured
was Collirify to every rule and principle laid down. No writer ever
' meditated that such a are would happen. He now bqptd to refer
to the in the writers of national law to whom bad just
ailed The drat was taken from Vona That amber says
" It Is net passible then. without injustice, to aft' Ito staTlifwy
in arms to puma and capture a guilty rims. Saeb an act
area, the safety of a State, and fa lnjcttietts to die . rights of

" Non omelet in marl, alteriva prineipis coldnenti proximo,
legndare, lied accipere, quuni ibi Ulna *Wend. non secus so in
ejuidern territorin."
Terceira had been spoken of as thoueh it ire* easy to be caln"".
Was it, be begged to ask, a place so easily taken ? To Aloe that
it was. not, he would refer to what had traospire4 in forma ages,
when the island of Terceira was attacked. In die year 1561. Spain,
having (menus) Portugal. the subjects of Don Antonio still held out
in that islai.d. Generil Valdes was deep oched with some troops to
reduce Terceira. In the attack the Spaniards loot 400 men, the
whole of their fore• being only 0140. In the year 1501 twenty
ves.ls sled ten gaiters:se, with a large hody of troops on bond, were
acts ,[toter the cotemand of the Nlarqstis Santa Cruz. They en.
c.. oed the French first, anal obtained a great victory. The
Speeish historian described the victory thus obtained as so glorious
that it yielded o ily to that siotailted io the Gulf of Iwpatito ; but
Terceira still held out. A ti..et ne :id ship. 'lad It gelleons, sit h
ID 030 soldiers on hoard. was then sent against the island.
Was it to be supotssed that the Portuguesse, sithout ann. --e:r.
mainly with no alt: 'than could reduce a place which had with.
stood ail many attack's, if they had gone there with a has tile ye w ?
The noble duke did not obje ct to their going to the A. ohs
if they went as individuals. The noble earl had given permise:
to the Brazilian minister to export anus from this country, prin
they were not going to Portugal. lie believed that at the time of
these transaction's, or even at the present moment, there was ro
order in existence prohibiting the exportation of arms to Tercsera.
It had been stated in another place, and he therefore believed it to
he true, although he had no personal knowledge of the fact, that at
the time when the noble owl attached a condition to the permission
to put ante on board vessels for Brasil, arms were actually pus.
chased in this country, and sent out to Terceira; but, however this
wait, it slid not affect his argument. What he said was, that they
might have been sent thither. But supposing that, for any revue
or cause. it was ela.irabie that anus Khaki not go direct from Eng.
land to Terceira, what tight or power had we to ptevent any person
from exporting them to Brazil. and tirotn thence, if he pleased, car.
tying them to Terceira? What had the Pontiguelle who were elite
to do with this?—(Hear, hear.) What had they, who were ten
their way to Terceira, to do with the arms that might be sent out
by other parties ? If there were any cause of complaint against the
Brazilian minister—if' Don )liguel felt himself ill.treated by that
government, let him declare war against it ; or if the Brasilia^ mi-
nister had misconducted himself in any manner that affected u' Iso
us remonstrate; but did that give us any riolit to go and shoot the
unnffending Portugetae on the high nese ? Because the Ilrarilien
ministet nil-conducted himself, had we a right to tire upon
the subjects of Donna luta going to their own terri.
tory ? Ile comet:dial not. There were some other points
connected with this subject, hut which were not of sufficient
comparative importance to justify_ him in detaining their
lordships at prectnt upon them. The question of false clear.
:nee, and of troops having been shipped for a foreign ex-
pedition, and other points, were matters of municipal law,
but they did not touch his propositioo, that we had no right to
commit hn aggression upon the Portugueve in the waters of Ter.
wine It' our municipal laws said that a foreign shipshould not be
refitted in the ports of this country, they would not, however. justify
us in following the ship to another place to punish its ressilm. The
municipal law pointed out a specific legal mode of redress for any
breach of ha proeisious; but it did not say that we should folio.,
parties ova the world to make them comply with our regulations.
In the foreign enlistment bill, sod in the general customs' act, this
legal redress was marked out. He said that he had no reason to
know that any infraction of the law had taken place; bur, if such
an infraction had been committal, there wax a mode of redress which
had not been resorted to, but recourse was immediately had to arms.
" Jura negat sibi nate nihil non arroget semis."
That was the principle upon which the government had acted, and
such a mode being, as he contended, contrary to the spirit of the
law, and to the sentiments declared on behalf of the British nation,
he trusted that their lordships would come to the conclusion he had
embodied in his resolutions. But he might be told, " What you
say is all very true. We admit that there has been a violation of
the law. The British government has, in a hasty moment, de.
paned from the principles which it had laid down, but what would
all to _...... atten.
you hate us do now ?" He would beg / I deill
don, In a few words, to the situation In which we actually stood hs
regarded our rdadons with Portugal. In the beginning of the last
session, parliament was informed that their relations with Portugal
bad been interrupted; but that communications were on fuot to effect
reconcilement between the members of the house of Braganca, and
to renew our intercourse. The nest communication which parlia-
ment received related to this affair, when they were informed that
hostilities had taken place, and blood had been shed ; and at the
beginning of the present session it was announced that there was no
prospect of a successful butte of the mediation of the British crown.
Now he said that their lordships, having had it communicated to
then, that s violation of the law, as he contended it was, had taken
plea, were, by that communication, made parties to such violation.
If they passed it over in silence, or without animadvereion, it weedd
imply an indiffesetice on their part to the honour of the Britieit
crown, and the dignity of the British nation. Ile said, therefore,
that it became the character of that house that it should arouse itself.
and pronounce a judgment upon these transactions, such as they
merited. There was another conskleration which ought not to be
overlooked in reviewing this subject. If parliament dial not
strongly reprobate these proceedinge, how would the precedent ac-
cord with all its declared principles and practice? Englaad had
always been a stickler for the strict observance of her' compacts.
She had taught other nations to attend to them, and by that course
alone could she retain her greatness. If she departed from it, she
would sanction a departure from the principle by which her states-
men had always professed to regulate her government. But let their
lordships actually consider tue condition of this county with re.
ferencr to Portugal. If there were a principle of our foreign policy
upon which all our statesmen in every age were agreed, it was that
we should itherish a good understanding, aid maintain a paramount
influence with Portugal. But what was the state of the caw iu
that respect? Our negotiations had all failed; but we were said
that the court of France was now engaged in negotiations to bring
about that in which we tad been unsuccessful. The noble earl, att.
deed, said that we were parties to these negotiations; but if we were.
we must be secondary parties. No that we were reduced to this
condition, with that nation with which we ought to poniess a cape.
nor and preponderating influence, we were to renew our relations
through the mediation of a Bourbon !._{lleac, hear.) He trusted
that their lordships would show that they were not indifferent to our
relations with Portugal. If they felt that our relations were in a
dangerous position, that our influence was not as perfect as it ought
to be, he trusted that they would show to Europe that tee Jiritisit
parliament was not indiffnent to the foreign relations of the moo
try ; that it would not encourage the treatment which the p,., tig uow
refugees had received in another place ; that they would not
tion a violation of the law as uncallid for as it we. isisjitetifiable ;
that It had a horror of usurpation, anal a regard rot legitimacy ; and
that it would never permit an act of vielence. a hose stole tendehey
was to confirm unjust pertentiono—for such was the cos.duct which
had been pursued in this case. He trusted that their lordships
would accept the resolutions which be had prepared. anal would sup-
port the honour of the British crown and the digi ity of the ISritisit
parliament. The noble marquis concluded by ruding end mut log
his revolutions.
The Earl of ABE it DEEN said that, although the preulit Yea'.
he believed, the third or fourth time :heir lordship, had bean cailltd
upon to dinette this question, yet he was out at al: distatistied that
the noble lord 'should have thought proper to bring it Lowe more fu,.
ward for their wee:dere, ion. because he was convinced that the
more closely it was examined, and the better it was undersouti,
with the greater certainty would their lordships be di-posed to -enc.
don the course which hail beet adopted by los tu..jest) 'II government.
The noble lota had produced a series of resoltiiions weico, es he
(Lord Aberdeen) had heard them for the first tine. :w was t ore.
pared to enter into a minute criticism of the facts el. tailsti tat :at.
Some truth there certainly was in them, but clisolett with s VW:. to
of circumstances which were certainly calculated to lead to an t rio.
near notion of the transaction. This was a laufj. et which lace.
linty required that their lordships should take a samba awl
aittria:t view of it, and that they should even distr....t seiea of a
fire impremeioe. It was necesaary that they should look at the
whole question, and be entreated their lordships to recollect that the
whole character of the tomeaction tiepetaled upon their estsbiaeir.g
in one view, the whole nil nature of the tee .action. from is, con..
menceete.a to its termination. This imp orts:ice of keeping its
view the elude of t.e :ranieletion, imposed upon hies ire
necessity of shortly re the Italia ;Vt of the -acts
as they h.sd really eceurred. Bat, first it was esiell:l.l that
their lordship' xliould b; fully aware of the vela Svc situation of
this coistrry, as regarded Porugal. at the time uf these tvaussae.
Lions. (t ear. hear.) That candid-in was isai of sin La:U.
tfality. He did not row propose to tE• C.... 1 whether that ro is-
trality was right or wrong. He had not head it in that Is use a nee
objected to, and the noble lord had hiniulf deilmtd enter tott ia:u
that question, or mobiles any objection as to the epol.e which had
been pursued by the governmeut as to the principle of that not
'lit)._ It might lave been right, or might have been wrong. It
might have been right to have resorted to force innsitdiately upiu
the usurpation is dMg place ; and k might be tlaotight by many,
that England ought mat have supported be legitimate sovereignty by
flute of arm. He had braid that vision expressed out of the
house, and he main say that it would have been fairy if it bad been
avowed its the horse for, uadoubtedly, the tendency of all the

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