MISREPRESENTATIONS MADE IN ENGLAND--LETTER TO THE EMPEROR--TENDERING MY
RESIGNATION--REPAYMENT DEMANDED FROM THE JUNTA--CONDUCT OF THE PRIZE
TRIBUNAL--NO ADJUDICATION OF PRIZES INTENDED--LETTER TO THE INTERIM
PRESIDENT--DEMANDING THE SUMS OWING TO THE SQUADRON--DISTURBANCE IN
PARA--STATEMENT OF ACCOUNT TO THE JUNTA--OFFER OF COMPROMISE--IMPERIAL
DECREE--RIGHT OF THE SQUADRON TO THE CLAIM.
Worn down in health by the harassing duties of the naval, military, and
civil departments, the conduct of all these wholly devolving upon me,
whilst the Ministry at Rio, by withholding instructions, neither
incurred trouble nor responsibility--and aware that my character was
being traduced by every species of malignity which could be devised by
the party whose views were destroyed by the successful manner in which
those duties had been performed, I was heartily sick of the ingratitude
and misrepresentation with which the service of having twice secured the
Northern provinces to Brazil was met on the part of the Administration,
in addition to their now apparent determination that neither myself nor
the squadron should reap any benefit from the prize property taken in
the preceding year, notwithstanding that, under the Andrada ministry,
both had been solemnly guaranteed to the captors.
I was, however, even more annoyed on another account, viz. from being
apprised that the vilest misrepresentations of my conduct were being
sedulously circulated in England by the partisans of the Administration.
Their vituperation in Brazil could, to some extent, be met; but the
petty meanness of attacking a man in a distant country, without the
possibility of his defending himself, was a matter against which no
prudence or foresight could guard.
Determined no longer to contend with an Administration, which could thus
conduct itself towards an officer whose exertions had been deemed worthy
of the highest honours from the Emperor, and the warmest thanks from the
National Assembly, I resolved to request permission from His Imperial
Majesty to retire from so unequal a contest, for I did not choose
spontaneously to abandon the command, without at least some compensation
beyond my ordinary pay. Even setting aside the stipulations under which
I had entered and continued in the Imperial service--this was at least
due to me from the unquestioned fact that to my twice rendered
exertions--first as naval Commander-in-Chief; and, secondly, as a
pacificator--the empire owed its unity and stability, _even in the
estimation of European governments_, which, now that the provinces were
tranquillized and the empire consolidated, exerted themselves to promote
peace between Brazil and the mother country.
Accordingly--on New Year's day, 1825--I addressed to the Emperor the
following letter:--
SIRE,
The condescension with which your Imperial
Majesty has been pleased to permit me to approach your royal
person, on matters regarding the public service, and even on those
more particularly relating to myself, emboldens me to adopt
the only means in my power, at this distance, of craving that
your Majesty will be graciously pleased to judge of my conduct in
the Imperial service, by the result of my endeavours to promote
your Majesty's interests, and not by the false reports spread by
those who--for reasons best known to themselves--desire to alienate
your Majesty's mind from me, and thus to bring about my removal
from your Majesty's service.
Whilst I have the honour to continue as an officer acting under
the authority of your Imperial Majesty, I shall ever perform my
duty to your Majesty and to the Brazilian people; and I trust that,
up to the present day, your Majesty has not felt any reason to doubt
my sincerity and fidelity to your Imperial interests. And if his
Excellency the Minister of Marine has failed to lay before the
public my despatches, and thereby permitted rumours prejudicial to
my character to go forth, I respectfully look up to your Imperial
Majesty for justice.
In this hope, I most respectfully entreat permission to refer
your Imperial Majesty to my letter No. 271, which I addressed to his
Excellency the Minister of Marine, from Pernambuco, early in
October, previous to my departure from that port, announcing my
intention of proceeding northward, and the necessity of so doing, for
the pacification of the northern provinces; also to my letter of the
13th of October (No. 273), written from Rio Grande do Norte; and
No. 274, dated October 28th, written from Cearà; all of which
letters, explicitly describing my proceedings, intentions, and reasons,
were duly transmitted, both in original and duplicate, by different
conveyances.
I trust that your Imperial Majesty will please to believe me to be
sensible that the honours which you have so graciously bestowed upon
me, it is my duty not to tarnish; and that your Majesty will further
believe that, highly as I prize those honours, I hold the maintenance
of my reputation in my native country in equal estimation.
I respectfully crave permission to add, that--_perceiving it to be
impossible to continue in the service of your Imperial Majesty, without_
_at all times, subjecting my professional character to great risks under
the present management of the Marine department--I trust that your
Majesty will be graciously pleased to grant me leave to retire from your
Imperial service, in which it appears to me that I have now accomplished
all that can be expected from me--the authority of your Imperial
Majesty being established throughout the whole extent of Brazil._
I have the honour to be
Your Imperial Majesty's
Dutiful and faithful servant,
COCHRANE AND MARANHAÕ.
The permission to retire was neither granted, nor was the request
noticed, yet--notwithstanding that the ministerial organs of the press
teemed with matters injurious to my reputation, and displayed the most
unfair comments on my proceedings--no complaint was officially made to
me, as indeed none could be made; this ungenerous mode of attack being
resorted to, whilst the whole of my letters and despatches were withheld
from public knowledge.
On the 3rd of January, intelligence was received that an outbreak had
occurred at Caixas, promoted by the adherents of Bruce on learning the
fact of his suspension from the presidentship. The interim-president,
Lobo, was anxious to re-arm the disbanded troops against them, but this
I forbade, telling him that, "in my opinion a military mode of governing
was neither suited to the maintenance of tranquillity nor the promotion
of obedience to the law, and that it would be better to give the civil
law a trial before proceeding to extremities; and that although some
outrages had occurred in the heat of party spirit, yet they would
probably cease on the intelligence that President Bruce had embarked
for Rio de Janeiro." The result was in accordance with these
anticipations, for, on learning this fact, the insurgents immediately
laid down their arms--being only too glad to escape further notice.
In the expectation that His Imperial Majesty would approve of the act,
and that his ministers could offer no opposition, I considered it my
duty to the officers and seamen of the squadron, no less than to myself,
to obtain repayment from the Junta of Maranham--at least in part--of the
sums temporarily left for their use in the preceding year.
It will be remembered that after the expulsion of the Portuguese from
Maranham in 1823, considerable sums of money and bonds had been taken in
the treasury, custom-house, and other public offices, together with
military and other stores--and the value of these, though guaranteed by
His Imperial Majesty to the captors, had, with the consent of officers
and seamen, been temporarily lent to the then Provisional Government,
for the double purpose of satisfying the mutinous troops of Cearà and
Piahuy, and carrying on the ordinary functions of Government--there
being no other funds available!
At the period of this temporary surrender of the prize property to state
exigencies, it was expressly stipulated and fully understood that, as
soon as commerce had returned to its usual channels, and with it the
customary revenues of the province, the whole should be repaid to the
account of the captors. This had not been done, and the officers and men
were still losers to the amount, in addition to the non-adjudication of
their prizes generally by the Portuguese tribunal at Rio de Janeiro,
which, in unprincipled violation of the express decrees of His Imperial
Majesty--asserted that "they knew nothing of prizes, and did not know
that Brazil was at war with Portugal!" though, in the Imperial order of
March 30th, 1823--given for the vigorous blockade of Bahia, His Majesty
had explicitly ordered the Portuguese to be considered as "enemies of
the empire."--"Distruindo ou tomando todas as forcas Portuguesas que
encontrar e fazendo todas damnos possives a os inimigos deste Imperio."
It was further pretended by the tribunal that Bahia and Maranham were
not foreign ports, but parts of the Brazilian empire, though, at the
time of my appearance before them, both provinces were then, and ever
had been, in possession of Portugal; the tribunal, nevertheless,
deciding with equal absurdity and injustice, that captures made in those
ports, or within three miles of the shore, were unlawful--this decision
including, of necessity, the unaccountable declaration, that His
Majesty's orders to me to blockade the enemy's port of Bahia, and to
take, burn or destroy all Portuguese vessels and property--were also
unjust and unlawful! although this was the very purpose for which I had
been invited to quit the Chilian service. Yet, notwithstanding this
Imperial decision, the tribunal also most inconsistently condemned all
ships of war taken (as _droits_) to the crown, without the slightest
compensation to the captors.
But there was still a more flagrant injustice committed, viz. that
whilst the officers and seamen were thus deprived of the fruits of their
exertions, they became liable to about twenty thousand milreas in the
prosecution of their claims; for no other reason than the unwillingness
of the prize tribunal to order condemnations injurious to their friends
and native country; for as has been said nine out of the thirteen
members of the tribunal were Portuguese!
It had, therefore, been long apparent that no adjudication in favour of
the squadron was intended, and that its services in having united the
empire and saved it from dismemberment, would only be met by continued
injustice.
As the property left with the Provisional Government of Maranham had
been used for the benefit of that province, and as no part of it had
ever been repaid, I determined that those to whom it was due should not,
at least, be defrauded of that portion of their claims, or of a
reasonable compromise thereof; and therefore I addressed to the
interim-president the following letter:--
TO HIS EXCELLENCY MANOEL TELLES DA SILVA LOBO,
PRESIDENT INTERINO.
SIR,
The public duties which I had to perform for the
service of His Imperial Majesty, and the pacification of this province,
being now happily brought to a termination, it becomes my duty, as
Commander-in-chief, to call your Excellency's attention to some
facts concerning the interests of the officers and seamen under my
command.
On the occasion of my former visit, in 1823, which was so happily
instrumental in rescuing this province from the yoke of Portugal
and annexing it to the Empire, I was desirous of rendering the
service performed still more grateful to the people by voluntarily
granting, in the conditions of capitulation, not only my guarantee for
the inviolability of all Brazilian property then under the Portuguese
flag, but also of all the property belonging to resident Portuguese
who should subscribe to the independence of the Empire, and the
authority of His Imperial Majesty. These conditions were most
scrupulously observed and fulfilled on my part, without the slightest
infringement in any one instance.
But--on the other hand--it was expressly set forth in the terms
of capitulation, that all property belonging to those who remained in
hostility--that is to say, property belonging to the crown or government
of Portugal, or to absent Portuguese (though with respect to
the latter a commutation was subsequently consented to) being,
according to the laws of war, subject to condemnation to the captors
--should be delivered to the captors accordingly, to be, by themselves,
subjected to the customary investigation in the prize tribunals of
His Imperial Majesty.
Amongst other articles of property of this description were, of
course, included the money due on the balance of public accounts
to the crown of Portugal, and this amount--partly in specie and
partly in bills--was held in readiness by the capitulating authorities
to be delivered when required. But, as my attention was for some
time solely directed to the arrangement of public affairs, I neglected
to call for the said balance until the new Junta of Government,
chosen under my authority, had taken possession of their office, and
obtained the control of the public moneys.
After several applications on my part to the said Junta, and as
many evasions on their part, I had, at last, a personal conference
with them on the subject--on which occasion they solicited, as a
particular favour, that I would permit the amount to remain in their
hands, for the purpose of satisfying the claims of the troops of
Piahuy and Cearà, whom they represented as being clamorous for
their pay. To this request I agreed, under the assurance that I
should receive bills from the said Junta for the amount. These,
however, they not only evaded granting, but, when afterwards called
upon for a receipt, they declined giving any acknowledgment.
To the truth, however, of the main fact, viz., the claims of myself,
and the officers and men under my command, your Excellency
has now the power of satisfying yourself by a reference to the official
documents that passed between the functionaries of government and
myself, both previous and subsequent to the surrender of the Portuguese
authorities in this province.
The conduct of this Junta has proved to be merely a type of that
which we have since experienced on a larger scale at the hands of
the supreme tribunal of justice at Rio de Janeiro. But there is a
point beyond which forbearance ceases to be a virtue, and I now
call upon your Excellency to direct that the Junta of Fazenda, who
so unjustly and deceitfully withheld from the officers and men the
property above described, shall, with all convenient despatch,
proceed to the adjustment of the claim in question.
An attested copy of the accounts, signed by the members of the
late Portuguese Junta of Government--being in my possession, I
enclose a copy thereof, which your Excellency can cause to be
compared with the original treasury and custom-house books. I
likewise enclose to your Excellency a copy of a gracious communication
which I received from His Imperial Majesty--the original of
which, in His Majesty's own handwriting, is now in my possession.
This will enable your Excellency to judge as to what the
understanding and intentions of His Imperial Majesty really are,
with respect to the claims of the squadron--when influenced by the
dictates of honour and his own unbiassed judgment.
Nevertheless--should your Excellency consider it necessary, I
have no objection to prosecute the claims of the officers and seamen
to the balance before alluded to--in the Court of Admiralty which
your Excellency is about to convene. But I beg it may be distinctly
understood that I hold myself bound not to relax in any way
from my determination that these accounts shall be settled, so as to
enable me to fulfil the duty which I am engaged to perform to those
under my command.
(Signed) COCHRANE AND MARANHAÕ.
To my annoyance Parà became the scene of renewed disturbance, and even
the life of the President was threatened. This was disheartening, as
evincing a desire on the part of the provinces to pursue--each its own
separate course; proving the deep hold which the counsels of Palmella
had taken to promote anarchy by fostering provincial pride--as a means
to promote discord, and thus to reduce the newly-formed empire to
insignificance and ruin,--from the same cause which had befallen the
liberated provinces of Spanish America.
Not having been furnished with troops, it was difficult to spare a force
to meet this new emergency. There was no time, however, for hesitation,
so I despatched the _Atalanta_ to Parà, with a detachment of the best
seamen, under the command of Lieutenants Clarence and Reed, upon whose
zeal every reliance was to be placed; at the same time sending a
recommendation to the President to use the force for the purpose of
remitting to me those who had threatened his life, and of overawing
those who had been endeavouring to subvert his authority.
The Junta of Fazenda having now assembled, I transmitted to them the
following;
GENERAL STATEMENT
Of the money and other property claimed by the squadron on the
surrender of the Portuguese authorities of Maranham; in conformity
to the laws relative to matters of prize, and the gracious
decrees of His Imperial Majesty:--
Milreis.
Treasury and custom-house 62,000 000
In bills and debts 147,000 000
Value of artillery, stores, and ammunition,
say 100,000,000 at 1/5th
for the squadron 20,000 000
Value of stores in the arsenal, including
gunboats, launches, boats,
and materials of all kinds 25,000,000
___________
Public property 254,000 000
Obligations delivered as Portuguese
property under the decree of
H.I.M. of Dec. 11th, 1822; by
that decree confiscated to the
Crown, but by the gracious bounty
of H.I.M. awarded to the squadron,
in his own handwriting, dated
12th February, 1824 170,196 461
___________
Sum total 424,196 461
Together with this statement of account, I forwarded the following offer
of compromise, on the part of the squadron, for the payment of
one-fourth only:--
His Imperial Majesty, having--by decree of the 11th of December,
1822--commanded the seizure and confiscation of all merchandise in
the custom-houses of Brazil belonging to Portuguese subjects--all
merchandise so belonging, or the proceeds thereof, in the hands of
merchants--and all vessels or parts of vessels belonging to such
subjects--I, therefore, in conformity with the said decree, having,
on the occasion of the capitulation of Maranham, directed, that all
persons having property in their hands of the nature set forth in the
said decree, should deliver in an account of the same; and the bills
and papers herewith annexed having been given up by their respective
holders as _Portuguese property of the description set forth_, the
said bills and papers are now laid before the Court of
Vice-Admiralty, in order to the adjudication thereof in conformity to
the said decree.
But, whereas, the said Imperial decree could not be enforced at
Maranham in the ordinary manner, by means of civil officers acting
under the authority of His Imperial Majesty, by reason of the
port and province being under the authority and government of
Portugal; And whereas, His Imperial Majesty, in consideration of
the annexation of the said port and province to the Empire, by
the naval means under my command--and generally of other
important services--was graciously pleased, by virtue of a grant
in his own handwriting, bearing date the 12th day of February last,
to accord the value of the seizures to the officers and men as a
reward for their exertions and services; the said officers and men
agree to surrender these bills and the property, as set forth in the
annexed list, amounting to 484,196,461, together with all other
claims, for the sum of one-fourth, or 106,000, to be paid by the
Treasury of Maranham by instalments, within the period of thirty
days from the date hereof.
(Signed) COCHRANE AND MARANHAÕ.
The following is the Imperial decree alluded to in the preceding
letter:--
DECREE.
It being obvious that the scandalous proceedings and hostility
manifested by the government of Portugal against the liberty, honour,
and interests of this Empire, and by the captious insinuations of the
demagogical congress of Lisbon, which--seeing it impracticable to
enslave this rich region and its generous inhabitants--endeavours to
oppress them with all kinds of evils, and civil war, which has occurred
through their barbarous vandalism. It being one of my principal
duties, as Constitutional Emperor and Defender of this vast Empire,
to adopt all measures to render effective the security of the country,
and its defence efficient against further and desperate attempts
which its enemies may adopt; and also to deprive, as far as possible,
the inhabitants of that kingdom from continuing to act hostilely
against Brazil--tyrannizing over my good and honourable subjects--
deem it well to order that there be placed in effective sequestration,
1_st_. All goods and merchandise existing in the custom-houses of
this Empire, belonging to subjects of the kingdom of Portugal.
2_nd_. All Portuguese merchandise, or the value thereof, which
exists in the hands of subjects of this Empire.
3_rd_. All real and agricultural property, held under the same
circumstances.
4_th_. Finally, all vessels or parts of vessels, which belong to
merchants of the said kingdom. There being excepted from this
sequestration, bills of the national bank, banks of security, and
those of the Iron Company of Villa Sorocaba.
Joseph Bonifacio de Andrada e Silva, of my Council of State,
Minister of the Interior, and of Foreign Affairs, shall cause the
execution of this decree.
Given in the Palace of Rio de Janeiro, December the Eleventh,
1822, first of the Independence of the Empire.
With the Rubrica of His Imperial Majesty,
JOSÉ BONIFACIO DE ANDRADE E SILVA.
These documents--coupled with the decree of Dec. 1822, awarding the
above confiscations to the captors--shew so clearly the right of the
squadron's claim, and the injustice of the course pursued by the prize
tribunal at Rio de Janeiro, in refusing to adjudge Portuguese property
to the captors, that further comment is unnecessary. In order, however,
to give every possible information relative to a matter which has been,
to me, a cause of so much obloquy, I subjoin my letter to the interim
President, accompanying the preceding documents:--
SIR,
I have the honour to enclose to your Excellency,
two hundred and sixty obligations seized under the orders of His
Imperial Majesty--dated the 11th December, 1822--which I
request you will be pleased to cause to be laid before the Junta of
Fazenda, together with the papers enclosed, in order that the Junta
may take the necessary steps to the liquidation of the just and
moderate claims of the officers and seamen. I further beg your
Excellency will be pleased to intimate to the Junta, that I cannot
abstain from taking whatever measures may be necessary to prevent
the violation of the laws and regulations of the military service--the
infraction of the express engagement of His Imperial Majesty--and
the consequent disorganization of the squadron, so essential for the
maintenance of tranquillity, and the preservation of the independence
of the Empire.
(Signed) COCHRANE AND MARANHAÕ.
20th Jan. 1825.