FIRST EFFORT 10 CURTAIL THE IMPERIAL
POWER--PORTUGUESE INTRIGUE--DISMISSAL Of THE ANDRADAS--THE
ASSEMBLY DISSOLVED BY FORCE--EXILE OF THE ANDRADAS--LETTER
TO HIS IMPERIAL MAJESTY--MY ADVICE PARTLY ADOPTED--AND
CAUSES MINISTERIAL ENMITY TOWARDS ME--RATIFICATION Of MY
PATENT--I DEMAND THE ADJUDICATION OF PRIZES--LETTER TO THE
MINISTER OF MARINE--OFFER OF PERSONAL ADVANTAGE TO FOREIGN
CLAIMS--SQUADRON REMAINED UNPAID--I AM APPOINTED A PRIVY
COUNCILLOR--THE PRIZE VESSELS PLUNDERED--SHAMEFUL TREATMENT
OF CAPTAIN GRENFELL--TROUBLES IN PERNAMBUCO--HOSTILITY OF
THE PRIZE TRIBUNAL--CONDEMNS ME TO THE RESTITUTION OF
PRIZES--FORBIDS MAKING ANY CAPTURES AT ALL.
Shortly before returning to Rio de
Janeiro, a total change had taken
place in the administration of which
Jose Bonifacio de Andrada was the
head. As that minister's views were
patriotic, he was, in consequence,
obnoxious to the Portuguese faction,
which had made one or two
unsuccessful efforts to supplant him,
these only serving to confirm his
power amongst the people, who justly
appreciated his leadership in the
cause of independence. Becoming, thus,
more confident in his position,
he was accused, whether rightly or
wrongly, of intolerance towards
persons who were plotting against him,
though, even if the accusation
were true, he was scarcely to blame
for discountenancing those whose
chief aim was to paralyse the
independence they were unable to prevent.
On the
proclamation of the Empire, two influential Portuguese, in
the
Assembly, endeavoured to impose a condition on the Emperor
that, before
ascending the throne, he should make
oath to a constitution framed by
the Constituent Assembly alone, thus
reducing His Majesty to a cypher in
the hands of the legislature. The
proposition was plausible enough to
those who were anticipating power, but
it gave rise to such dissensions,
that Bonifacio de Andrada and his
brother sent in their resignations,
which, under these difficult
circumstances, were accepted by the
Emperor.
A violent tumult
amongst the people was the immediate consequence, and
His Majesty was induced to recall the
patriotic Andradas to the
cabinet--they however, refusing to
resume their functions, unless their
Portuguese opponents were banished; to
this the Emperor assented, and
the Andradas returned to office amidst
the plaudits of the populace, who
drew the carriage of Jose de Andrada
in triumph into the town.
As might have been
expected, less tolerance was manifested by the
triumphant ministers than before, this
just but perhaps impolitic course
being eagerly seized on by the
Portuguese faction to excite the
apprehension of the patriots, who were
somewhat dissatisfied by the
revival of what were considered feudal
usages; above all, by the
creation of an Imperial Guard of
Honour, selected from the youth of the
principal families, who were required
to take an oath "of implicit
obedience to His Majesty"--this act
being especially represented by the
adverse faction as evincing a tendency
to absolutism.
On the 20th of
June, 1823, a project of law had been laid before the
Assembly, for the expulsion of all
Portuguese deemed hostile to the
cause of the empire. This measure
might have originated with the
Andradas, or not; it was certainly
defended in the Assembly by Antonio
Andrada. The Portuguese party, alarmed
by the still impending danger,
formed a coalition with the Brazilian
party, to eject the Andradas from
the ministry, and having, during a
severe illness of the Emperor, gained
the ascendancy, the now obnoxious
ministers were dismissed; and--though
the patriots had not calculated
thereon--were succeeded by the leaders
of the Portuguese faction itself, who,
to the regret of all true
Brazilians, effected an immediate
change of policy in the Government.
The chief object
of the new administration, appeared to be to limit the
functions of the Emperor to an extent
almost subversive of his
authority; His Majesty, in the
unsettled state of the empire, being
comparatively powerless amidst the
machinations with which he was
surrounded.
No constitution
had, as yet, been fixed upon--His Majesty resenting the
former attempt to force upon him a
constitution framed solely by the
will of the Assembly, which was still
seeking an opportunity to assert
its supremacy. As the city and
province abounded with influential
Portuguese, desirous of overthrowing
the new regime, and as many of
these were in the Assembly, there was
a total want of unity between the
Emperor and his legislature, the
administration leaning to the side of
the latter.
About this time,
the Marquis of Palmella had widely circulated a
document, appealing to the loyalty of
the Portuguese, and declaring the
policy desired by the mother country;
which policy was--to divide Brazil
into a number of petty states, easy to
be intimidated and controlled. As
this scheme held out large promise of
irresponsible power to influential
persons in such anticipated states--it
could scarcely fail to be
agreeable to many expectants of
office, whose interest it therefore was
to prevent the consolidation of the
empire, by promoting disunion. It
was scarcely a secret that some in the
administration were favourable to
these views, though not openly
professing them; so that the patriotic
efforts of His Majesty were paralysed,
and the administration, no less
than the legislature, exhibited a
policy seriously detrimental to the
interests of the Empire.
Indeed, a powerful
party in the legislative assembly openly called in
question the Emperor's authority--even
requiring His Majesty to divest
himself of his crown in their
presence. They deprived him of his council
of state; denied him a voice in the
enactment of laws, and the functions
of administration; even objecting to
His Majesty's exercise of the
common prerogative of royalty to
confer crown lands as territorial
rewards for public services--the
latter limitation of the royal
prerogative being avowedly directed
against the grant of an estate to
myself, as spontaneously accorded by
His Majesty, in gratitude for my
recent services to the nation.
This was the state
of affairs on my return to Rio de Janeiro, and as
His Majesty did me the honour to
consult with me in his difficulties,
I unhesitatingly recommended him to
support his dignity
constitutionally--despite all attempts
made for its limitation by the
Portuguese faction;
which--extraordinary as it may appear--was now said
to be countenanced by the Andradas,
who, though out of office, were
still deputies to the assembly, and
who--in consequence of their
dismissal from power--were considered
to be giving opposition to every
measure calculated to promote unity
between the Emperor and the
legislature. The Brazilian
patriots--and with good reason--were becoming
alarmed, lest an attempt might yet be
made to place Portugal and Brazil
upon their former relative footing,
and the Emperor, who was thoroughly
Brazilian--from a conviction that
Portuguese ascendancy could never be
regained--was no less so.
Matters, at
length, rose to such a pitch in the assembly, that the
intentions of the factious majority
became no longer doubtful, when His
Majesty somewhat unceremoniously
adopted the course pursued in England
by Cromwell in a somewhat similar
predicament, viz. to dissolve the
assembly, and, should it prove
refractory, to turn the members out by
force. Cutting short all farther
altercation with his legislature, the
scene of the English protectorate was
re-enacted in Brazil; the Emperor
entering Rio de Janeiro at the head of
a body of cavalry--surrounding
the chamber with a military
force--planting cannon before it--and
ordering its instantaneous
dissolution; the members--after in vain
remonstrating against this
proceeding--being compelled to retire.
The Andradas were
soon afterwards arrested, and exiled--a proceeding
impolitic and unjust to men who had
laid the foundation of Brazilian
independence, and who were no less
distinguished by their honesty than
their ability. By consenting to their
exile, His Majesty lost three
valuable servants, and at the same
time placed himself in the hands of a
faction which he never afterwards
controlled, and which eventually
forced him from his throne.
As the expulsion
of the Assembly--whether justifiable or not, it is not
my province to inquire--was decisive,
it was obviously of the greatest
importance to follow it up by some
measure which should convince the
public that so extreme a course was
intended for their good. As yet no
permanent constitution had been
declared This, therefore, was clearly
the moment for its proclamation, no
less to satisfy the people--who
were heart and soul with the
Emperor--than to prevent retaliation by the
faction which had been thus summarily
dealt with.
Seeing that nothing was promptly acted
upon in an emergency involving
the stability of Government, I
addressed to His Imperial Majesty the
following letter:--
Rio de Janeiro,
November 14, 1823.
SIRE,
My sense of the
impropriety of intruding myself on the
attention of your Imperial Majesty, on
any subject unconnected
with the official position with which
your Majesty has been pleased
to honour me, could only have been
overcome by an irresistible
desire, under existing circumstances,
to contribute to the service of
your Majesty and the Empire.
The conduct of the
late legislative assembly, which sought to
derogate from the dignity and
prerogatives of Your Majesty--even
presuming to require you to divest
yourself of your crown in their
presence--who deprived you of your
Council of State--denied you
a voice in the enactment of laws and
the formation of the constitution,
and who dared to object to your
exercising the only
remaining function of royalty--that of
rewarding services, and
conferring honours--could no longer be
tolerated; and the justice
and wisdom of Your Imperial Majesty in
dissolving such an
assembly will be duly appreciated by
discerning men, and by those
whose love of good order and their
country supersedes their ambition
or personal interests. There are,
however, individuals who will
wickedly take advantage of the late
proceedings to kindle the flames
of discord, and throw the empire into
anarchy and confusion, unless
timely prevented by the wisdom and
energy of Your Imperial
Majesty.
The declaration
that you will give to your people a practical
constitution, more free than even that
which the late assembly
professed an intention to establish,
cannot--considering the spirit
which now pervades South America--have
the effect of averting
impending evils, unless Your Imperial
Majesty shall be pleased to
dissipate all doubts by at once
declaring--before news of the recent
events can be dispersed throughout the
provinces, and before the
discontented members of the late
congress can return to their
constituents--what is the precise
nature of that constitution which
Your Imperial Majesty intends to
bestow.
Permit me, then, humbly and
respectfully to suggest to Your
Imperial Majesty, as a means of
tranquillising the public mind--of
averting evils at home, and preventing
injurious representations
abroad--that, even before the sailing
of the next packet for Europe,
Your Majesty should specifically
declare the nature of the government
you are graciously pleased should be
adopted. As no monarch
is more happy, or more truly powerful
than the limited monarch of
England, surrounded by a free people,
enriched by that industry
which the security of property by
means of just laws never fails to
create--if Your Majesty were to decree
that the English constitution,
in its most perfect practical form
(which, with slight
alteration, and, chiefly in name, is
also the constitution of the
United States of North America), shall
be the model for the
Government of Brazil under Your
Imperial Majesty, with power to
the constituent assembly so to alter
particular parts as local
circumstances may render advisable--it
would excite the sympathy
of powerful states abroad, and the
firm allegiance of the Brazilian
people to Your Majesty's throne.
Were Your Majesty,
by a few brief lines in the Gazette, to
announce your intention so to do, and
were you to banish all
distrust from the public mind by
removing from your person for a
time, and finding employment on
honourable missions abroad, for
those Portuguese individuals of whom
the Brazilians are jealous--the
purity of Your Majesty's motives would
be secured from the
possibility of misrepresentation--the
factions which disturb the
country would be silenced or
converted--and the feelings of the
world, especially those of England and
North America, would
be interested in promoting the glory,
happiness, and prosperity
of Your Imperial Majesty.
These thoughts,
hastily expressed, but most respectfully submitted
to your gracious consideration will, I
hope, be candidly appreciated
by Your Imperial Majesty, proceeding,
as they do, from the
heart of
Your Majesty's
most faithful and dutiful Servant,
COCHRANE AND
MARANHAO.
His Majesty saw good to adopt this
advice in part, but in offering
it--though instrumental in
establishing the political liberties of
Brazil--I had unconsciously placed
myself in the position of a partisan
against the powerful faction which
influenced the administration, and
through them every part of the empire.
My unauthorised services after
the pursuit of the Portuguese fleet
and army--resulting in the
annexation of the Northern
provinces--had drawn upon me the resentment
of those now in power whose ultimate
intentions were thus defeated. That
I--a foreigner, having nothing to do
with national politics--should have
counselled His Majesty to banish those
who opposed him, was not to be
borne, and the resentment caused by my
recent services was increased to
bitter enmity for meddling in affairs
which it was considered did not
concern me; though I could have had no
other object than the good of the
Empire by the establishment of a
constitution which should give it
stability in the estimation of
European states.
The effect of this
enmity towards me personally, was not long in
manifesting itself, and fearing the
extent to which this might be
carried, I lost no time in demanding
that the patent under which I had
been invested with the grade of "First
Admiral," should be formally
engrossed and registered, according to
the engagement of the late Prime
Minister, previous to my departure for
Bahia. On the 25th of November,
this was accordingly done, and a
commission conferring the same pay and
emolument as before--without
limitation as to time, received the sign
manual--was counter-signed by the
Ministers--sealed with the great
seal--and registered in the archives
of the empire; His Majesty further
testifying his approbation of my
conduct and services, by directing the
transmission of the completed patent
without payment of the usual fees.
The following are
the stipulations of the commission so solemnly
conferred--but afterwards shamefully
violated without cause, as though
fidelity to its engagements formed no
part of national honour and good
faith:--
I, Don Pedro, by
the grace of God, and the unanimous voice
of the people, Constitutional Emperor
and Perpetual Defender
of Brazil, hereby make known to those
who shall see this my
charter patent, that the valour,
intelligence, and activity united in
Admiral Lord Cochrane, now Marquis of
Maranhao, who has so
distinguished himself in the different
services with which he has
been entrusted--giving proof of the
greatest bravery and talent;
and seeing how advantageous it would
be for the interests of this
empire to avail itself of the skill of
so valuable an officer--consider
it beneficial to confer upon him--as
by this charter is
confirmed--the patent of "First
Admiral," with the annual pay of
eleven contos five hundred and twenty
milreas, as well ashore as
afloat; and farther in table money,
when embarked, five contos
seven hundred and seventy milreas--which
are the same emoluments
as he received in Chili. No admiral in
the service having
any right to consider himself entitled
to succeed to the post of
First Admiral, which I create solely
for this occasion for the motives
expressed, and from the particular
consideration merited by the said
admiral.
The pay referred
to shall be entered in the books to which it
appertains, in order to the payments
when due. In attestation
of that which I have hereby commanded,
I give this charter
under the sign manual and sealed with
the great seal of the
Empire.
Given in the city
of Rio de Janeiro on the 25th day of the month
of November, in the year of our Lord
Jesus Christ, 1823. Second
of Independence and of this empire.
(Signed) IMPERADOR P.
Countersigned by all the Ministers.
From the
difference of expression used in this commission, as
compared
with the temporary commission given previous to my departure
for Bahia,
it is clear that my late services were fully recognised; and
from the
fact that the new commission was conferred after the war was
ended bythe
annexation of Bahia, Maranham, Para, and all the
intermediate
provinces, it is equally clear that my
rank and pay--as originally
stipulated were conferred without
limitation of time--a circumstance
which will have to be borne to mind.
This being
complied with, I requested an order for the speedy
adjudication of the prize property
surrendered at Maranham, the
flagship's portion being Rs. 607.315
$000, or L.121,463 sterling, in
addition to the captures made by the
squadron generally--no less than
one hundred and twenty enemy's ships,
with Portuguese registers and
crews, having been taken, the value,
at a very moderate computation,
amounting to upwards of 2,000,000
dollars. As officers and men were
anxiously awaiting their prize money,
it became my duty to the squadron
to urge its stipulated distribution
upon the consideration of the
Government.
His Majesty
directed this to be done, but the prize tribunal
appointed--consisting of thirteen
members, nine of whom were natives of
Portugal--was directly interested in
defeating the claims of the
captors, being inimical to any
confiscation of Portuguese vessels and
property taken in the late campaign.
Not venturing, as yet, openly to
act in this spirit, they adopted the
alternative of doing nothing
towards adjudicating the prizes.
Finding this to be
the case, and fearing that the Portuguese tendencies
of the new administration might
interfere with the repayment of the sums
temporarily supplied to the Maranham
Junta--I addressed the following
letter to the new Minister of Marine,
Francisco Villela Barbosa:--
(Secret.) Rio de
Janeiro, November 18, 1823.
MOST EXCELLENT
SIR,
In my letter, No. 38, I communicated
to your
predecessor my intention of aiding the Provisional Junta of
Maranham, in the payment of the
auxiliary troops of Ceara and
Piahuy, who being in a naked and
destitute condition had become
clamorous for their arrears; and I now
beg to state that in prosecution
of such intention, I placed at the
disposal of the Junta the
monies taken in the Portuguese
treasury, amounting in cash and
good bills to Rs. 62,560 $243,
together with outstanding debts
amounting to Rs. 147,316 $656, and I
have also left in their
hands the balance which we found in
the Portuguese custom-house,
amounting to Rs. 54,167 $877. All
these accounts I have the
honour to convey to you for the
information of the Imperial
Government.
In addition to
these large sums, I left at the disposal of the
Junta much moveable property which
belonged to Portuguese
individuals in Europe, desiring the
authorities to render an
account of the same for the
information of the Imperial Government.
Your Excellency
will perceive that in leaving at Maranham these
monies, and other property captured
from the enemy, instead of
bringing them to Rio for adjudication,
we could be influenced by no
other motive than zeal for the
interests of His Imperial Majesty
and the good of his people; as by so
doing, we enabled the
Provisional Government to meet the
present exigencies of the
moment, and to quiet the Ceara and
Piahuy troops; whilst the
revenue of the province thus remains
clear and unanticipated--
being applicable to such purposes as
His Imperial Majesty shall
command. All which I trust His
Imperial Majesty will take into
his gracious consideration, and be
pleased to award such compensation
to the officers and seamen as he, in
his princely justice,
shall deem fit.
(Signed) COCHRANE.
For some days no
notice was taken of this letter, but on the 24th I
received a visit from the Minister of
Marine, bringing what professed to
be a verbal message from His Majesty,
that he "would do every thing in
his power for me personally." The way
in which this intimation was
conveyed led me to infer that these
personal favours implied a sacrifice
on my part of the rights of the
squadron, by shutting my eyes to the
restoration of the captured Portuguese
ships and property to the friends
and adherents of the ministry, for the
purpose of conciliating the
Portuguese party. Taking the message,
however, literally--I told the
Minister that His Majesty had "already
conferred honours upon me quite
equal to my merits--and that the
greatest personal favour he could
bestow, was, to urge on the speedy
adjudication of the prizes, so that
the officers and seamen might reap the
reward decreed by the Emperor's
own authority."
The policy of the
Portuguese faction in power, was--now that the
squadron had expelled the fleet and
army of the mother country--to
conciliate their countrymen who
remained, and thus to create and
maintain an influence which should
reduce the Imperial authority to the
smallest possible dimensions. The
first object--if I could be brought to
acquiesce--was to restore Portuguese
property, captured by Imperial
order, and now the right of the
captors--my connivance being supposed to
be procurable by offers of personal
enrichment! I scarcely need say that
the offer failed in its purpose.
As the squadron
had received no pay during the performance of all its
services, it became my duty to urge
attention to the subject, and this
was apparently complied with, the 27th
of November being appointed for
the payment of the men. On that day
three months' pay only was offered
to them, notwithstanding all they had
achieved. This paltry pittance was
refused.
About this time
the extraordinary news was received, that great
rejoicings and a general illumination
had taken place in Lisbon in
consequence of the destruction of the
Brazilian squadron by the
Portuguese fleet at Bahia! this
version having, no doubt, been
transmitted home subsequently to the
affair of the 4th of May.
Singularly enough, these ill-founded
rejoicings were going on in Lisbon
at the time the flagship was chasing
the Portuguese fleet across the
Equator! It is difficult to say how
the Portuguese admiral contrived to
reconcile this premature vaunt, and
the unwelcome fact of his arrival in
the Tagus, with the loss of half his
troops and more than half his
convoy.
On the 2nd of
December despatches arrived from Captain Grenfell at Para,
stating that he had possession of the
new Portuguese frigate, which
according to my directions, had been
named the Imperatrice. He had
also captured another vessel of war,
and several merchantmen; thus
fulfilling his difficult mission in a
way which justified my confidence
in his ability, and should have
merited the warmest thanks from the
government, instead of the treatment
he subsequently experienced.
On the 19th of
December, His Majesty appointed me a member of the Privy
Council, the highest honour in his
power to bestow. It was a singular
circumstance that whilst His Imperial
Majesty consulted me on matters of
importance, and manifested his
appreciation both of my opinions and
services by the honours conferred--his
anti-Brazilian ministers were
practising every species of annoyance
towards myself and the
squadron--more especially in the
matter of the prizes, the condemnation
of which they obstinately opposed.
It would be
wearisome to enter into details of the annoyance and injury
now systematised by the Portuguese
faction in the administration;
nevertheless, in order to appreciate
subsequent occurrences, it is
necessary briefly to advert to these
matters. The personal feeling
against myself was easily accounted
for from my adherence to the Emperor
in opposition to interested councils,
which imperilled the existence of
the Empire. These councils His Majesty
was unable to disregard or to
counteract the injury inflicted on the
officers and seamen, by the
conduct of the Court of Admiralty
towards the squadron; a policy
persevered in with the object of
annihilating the naval force, for no
other reason than that its
achievements had rendered itself obnoxious to
the Portuguese faction--the leaders of
which no doubt calculated, that
if the officers and crews could be
worried out of the service, the
dismemberment of the Northern
provinces might yet be effected by
disunion.
On the 13th of
December, I wrote to the Minister of Marine that, as the
prize vessels were daily being
plundered, an immediate investigation was
necessary--they having, by order of
the administration, been delivered
over to the charge of the inspector of
the arsenal, the naval officers
in charge being withdrawn. One officer
was put in prison for obeying my
orders to remain on board his prize
till I received an answer from the
Minister of Marine. The ship he had in
charge (the Pombinho) was
immediately afterwards given up to a
Portuguese claim ant, together with
all its contents, promiscuously taken
from the custom house at Maranham,
none of which ever belonged to him.
A number of
additional prizes had been sent in by Captain Taylor, of the
Nitherohy, who had pursued the
scattered ships of the enemy to the
Tagus, and there burned four vessels
under the guns of the
line-of-battle ship Don John VI. For
this he was sentenced by the
prize council to six months
imprisonment, and to forfeit double the
amount of his prize money, on behalf
of the owners of the property
destroyed; it being thus decided by
the quasi Portuguese prize
tribunal that, to destroy enemy's
property, in pursuance of His
Majesty's orders, was a crime!
Captain Grenfell
having arrived in the frigate Imperatrice--captured
at Para--bringing with him some forty
thousand dollars--the ransom for
prizes there taken, as had been done
at Maranham--the Imperatrice was
boarded in his absence, and the money
carried to the treasury, though by
His Majesty guaranteed to the captors.
Captain Grenfell was afterwards
charged with acting in opposition to
the Junta at Para, though only
carrying out my instructions. Upon
this charge he was tried and
acquitted.
In consequence of
these and other arbitrary acts, I represented to His
Majesty the necessity of forming some
definite maritime code, which
should put an end to proceedings so
arbitrary, and proposed the adoption
of the naval laws of England as the
most experienced and complete. His
Majesty approving the suggestion,
directed me to transmit a memorial on
the subject to the Privy Council,
which was accordingly done.
By this, and
similar suggestions to His Majesty, with view to render the
navy more efficient, I was widening
the breach between myself and the
Portuguese party in the
administration, whose object it was to frustrate
any attempt of the kind. It was not
long before an overt blow was struck
at my authority as Commander-in-Chief
by the preparation of the
Atalanta for sea without my
intervention. Imagining that she might be
on some secret service, I disregarded
the circumstance, till, on the
27th of December, a notice appeared in
the Gazette announcing her
destination to be for the blockade of
Monte Video, whilst I was
mentioned in the Gazette, under the
limited title of "Commander of the
naval forces in the port of Rio de
Janeiro." Thus, by a stroke of the
Minister's pen, was I, despite the
patents of His Imperial Majesty,
reduced to the rank of Port Admiral.
Convinced that
this had been done without the sanction or even knowledge
of the Emperor, I protested against
the despatch of the Atalanta,
except through my orders, as well as
against the limitation indicated by
my new title--contrary to the
agreement under which I entered the
service, as twice confirmed by
Imperial commissions--further informing
the Minister of Marine that, although
no one could be less ambitious of
power than myself, I could not allow
an agreement solemnly entered into
to be thus violated.
The remonstrance
as regarded the Atalanta was effectual, and she was
not despatched; but--as regarded the
limitation of my rank--no notice
was taken.
Intelligence now
arrived from Pernambuco that a strong party was there
endeavouring to establish a Republic,
and that preparatory steps were
being taken to throw off allegiance to
the Empire.
The expedition sent by the ministry to
put down this rising at
Pernambuco was a premeditated insult
to me, as not having been at all
consulted in the matter; and the
reason why an inexperienced officer had
been sent, doubtless was, that the
ministry did not wish the
insurrection to be put down. In this
respect the expedition fulfilled
the wishes of those who despatched it,
by having failed. On its return I
personally received His Majesty's
orders that the Pedro Primiero,
Piranga, Nitherohy, and Atalanta,
should be immediately equipped
for important service. It was easy
thus to give orders to equip a
squadron, but after the treatment
received, not so easy to effect it.
All the foreign seamen had abandoned
the ships in disgust, and to have
shipped Portuguese would have been
worse than useless. I wrote to the
Minister of Marine that the squadron
could not be manned unless
confidence was restored amongst the
men, the shameful proceedings of the
prize court having disinclined them to
re-enter the service,--even if
they did, I could not be responsible
for order and discipline, or for
the safety of the ships, unless some
definite adjustment as to pay and
prize money took place before putting
to sea.
In the face of these remonstrances the
prize tribunal adopted an openly
hostile course, by altogether denying
the right of the squadron to the
prizes taken at Maranham, or the
property there seized in the custom
house, and shipped by me on board the
Pombinho and another vessel. The
Pombinho, as has been said, was
declared an illegal prize, and given
up to her Portuguese owner, together
with all public property contained
in her, though to this he had not the
shadow of a claim, as the whole
cargo belonged originally to others,
and had been put on board this
particular ship by my orders for
transmission to Rio de Janeiro. Numbers
of similar decisions were made, on the
false plea that Maranham
previously formed part of the
Brazilian empire, and consequently that
all the seizures effected were
invalid!
I remonstrated that, on our arrival at
Maranham, the city and province
were, and ever had been, in possession
of Portugal--that the Portuguese
had by the ordinary capitulations of
war delivered up both to an armed
Brazilian force without question--and
that, by a previous decree of the
Emperor, no less than by the customary
usages of war, all enemy's
property fell to the captors. The
prize court not only overruled the
objection, but condemned me to make
restitution of all sums received in
ransom for property taken at Maranham.
In one instance the tribunal
declared me deserving of corporal
punishment (pena corporal!) and
would, had they dared, doubtless have
enforced this, and the restitution
to which I was condemned.
As the plunder of
prize property was becoming notorious, the tribunal
directed it to be unloaded, in order
to prevent the cargoes from being
damaged! but, on the execution of the
order it was found that all the
valuable portion had already
disappeared! How, of course could not be
ascertained; but no one doubted. The
ships themselves were neglected
till they became useless to the
original owners, the Government, or the
captors.
Thus, of this vast
amount of property taken in the campaign, not a
milrea was suffered to find its way
into the pockets of the officers
and men, and the squadron would have
been wholly defrauded of its
reward, had I not refused to give up
to the prize tribunal the
comparatively trifling sums received
in redemption of the seizures at
Maranham; these being retained on
board the flagship in consequence of
the unjustifiable course which the
tribunal was pursuing. A plot was,
however, formed to seize it by force,
but this was met by such measures
as were calculated to prevent a
renewal of the attempt.
The prize tribunal
being thus determined to deprive the squadron of the
whole of its emoluments, proceeded to
condemn the ships of war taken as
being droits to the crown, without
compensation of any kind,
notwithstanding that the
before-mentioned Imperial decree of the 11th of
December, 1822, awarded all prizes
wholly to the captors. The tribunal
then issued a decree, that vessels
taken within a certain distance from
the shore--where alone a blockade
could be effective--were not lawful
seizures; the effect being that, as
the squadron was about to blockade
Pernambuco it could have no
opportunity of falling in with enemy's
vessels at sea, and therefore could
not make captures at all! Thus
enemy's ships would be permitted to
carry on their revolutionary
occupations unmolested; which was, no
doubt, the intention of those who
framed the resolution, as wishing to
defeat the blockade for their own
purposes. |