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 José 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 José 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 _régime_, 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 MARANHAÕ.
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 Maranhaõ, 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 by
the annexation of Bahia, Maranham, Parà, 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 £.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 Cearà 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 Cearà 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 Parà,
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 Parà--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 Parà, 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.