of its elements--its tempered monarchy and its regulated freedom--that
we have nothing to fear from foreign despotism, nothing at home but
from capricious change. We have nothing to fear, unless, distasteful
of the blessings which we have earned, and of the calm which we enjoy,
we let loose again, with rash hand, the elements of our constitution,
and set them once more to fight against each other. In this enviable
situation, what have we in common with the struggles which are going
on in other countries, for the attainment of objects of which we have
been long in undisputed possession? We look down upon those struggles
from the point to which we have happily attained, not with the
cruel delight which is described by the poet, as arising from the
contemplation of agitations in which the spectator is not exposed
to share; but with an anxious desire to mitigate, to enlighten, to
reconcile, to save--by our example in all cases, by our exertions
where we can usefully interpose.
Our station, then, is essentially neutral: neutral not only between
contending nations, but between conflicting principles. The object of
the Government has been to preserve that station; and for the purpose
of preserving it, to maintain peace. By remaining at peace ourselves,
we best secure Portugal; by remaining at peace, we take the best
chance of circumscribing the range and shortening the duration of the
war, which we could not prevent from breaking out between France and
Spain. By remaining at peace, we shall best enable ourselves to take
an effectual and decisive part in any contest into which we may be
hereafter forced against our will.
The papers on the table, the last paper at least (I mean the dispatch
of the 31st of March, in which is stated what we expect from France),
ought, I think, to have satisfied the honourable baronet, who said
that, provided the Government was firm in purpose, he should not be
disposed to find fault with their having acted _suaviter in modo _.
In that dispatch our neutrality is qualified with certain specified
conditions. To those conditions France has given her consent. When we
say in that dispatch, we are 'satisfied' that those conditions will be
observed, is it not obvious that we use a language of courtesy, which
is always most becomingly employed between independent Powers? Who
does not know that, in diplomatic correspondence, under that suavity
of expression is implied an 'or', which imports another alternative?
So far, then, as the interests and honour of Great Britain are
concerned, those interests and that honour have, been scrupulously
maintained. Great Britain has come out of the, negotiations, claiming
all the respect that is due to her; and, in a tone not to be mistaken,
enforcing all her rights. It is true that her policy has not been
violent or precipitate. She has not sprung forth armed, from the
impulse of a sudden indignation; she has looked before and after; she
has reflected on all the circumstances which beset, and on all the
consequences which may follow, so awful a decision as war; and instead
of descending into the arena, as party in a quarrel not her own, she
has assumed the attitude and the attributes of justice, holding high
the balance, and grasping but not unsheathing the sword.
Sir, I will now trouble the House no further than to call its
attention to the precise nature of the motion which it has to dispose
of this night. Sir, the result of the negotiations, as I have before
stated, rendered it unnecessary and irregular for the Government to
call for the expression of a parliamentary opinion upon them. It was,
however, competent for any honourable member to suggest to the House
the expression of such opinion; which, if expressed at all, it will
readily be admitted ought to be expressed intelligibly. Now, what is
the Address which, after a fortnight's notice, and after the menaces
with which it has been announced and ushered in, the House has been
desired to adopt? The honourable gentleman's Address first proposes to
'represent to His Majesty, that the disappointment of His Majesty's
benevolent solicitude to preserve general peace appears to this House
to have, in a great measure, arisen from the failure of his Ministers
to make the most earnest, vigorous, and solemn protest against the
pretended right of the Sovereigns assembled _at Verona_, to make
war on Spain in order to compel alterations in her political
institutions'. I must take the liberty to say that this is not a true
description. The war I have shown to be a _French_ war, not arising
from anything done, or omitted to be done, _at Verona_. But to finish
the sentence:--'as well as against the subsequent pretension of the
French Government, that nations cannot lawfully enjoy any civil
privileges but from the spontaneous grant of their kings.' I must
here again take the liberty to say that the averment is not correct.
Whatever the misconduct of Government in these negotiations may have
been, it is plain matter-of-fact, that they protested in the strongest
manner against the pretension put forward in the speech of the King
of France, that the liberties and franchises of a nation should be
derived exclusively from the throne. It is on record, in this very
Address, that the honourable gentlemen themselves could not have
protested more strongly than the Government; since, in the next
sentence to that which I have just read, in order to deliver
themselves with the utmost force, they have condescended to borrow my
words. For the Address goes on: '... principles destructive of the
rights of all independent States, which _strike at the root of the
British Constitution_, and are subversive of His Majesty's legitimate
title to the throne.' Now by far the strongest expression in this
sentence--the metaphor (such as it is) about 'striking at the root
of the British Constitution '--is mine. It is in my dispatch to Sir
Charles Stuart of the 4th of February, I claim it with the pride and
fondness of an author: when I see it plagiarized by those who condemn
_me_ for not using sufficiently forcible language, and who yet, in the
very breath, in which they pronounce that condemnation, are driven to
borrow my very words to exemplify the omission which they impute.
So much for the justice of the Address: now for its usefulness and
efficacy.
What is the full and sufficient declaration of the sense of the House
on this most-momentous crisis, which is contained in this monitory
expostulation to the throne? It proceeds: 'Further to declare to His
Majesty the surprise and sorrow with which this House has observed
that His Majesty's Ministers should have advised the Spanish
Government, while _so_ unwarrantably menaced'--(this 'so' must refer
to something out of doors, for there is not a word in the previous
part of this precious composition to which it can be grammatically
applied)--'to alter their constitution, in the hope of averting
invasion; a concession which alone would have involved the total
sacrifice of national independence, and which was not even palliated
by an assurance from France, that on receiving so dishonourable a
submission, she would desist from her unprovoked aggression.' (I deny
this statement, by the way; it is a complete misrepresentation.)
'Finally to represent to His Majesty that, in the judgement of this
House, a tone of more dignified remonstrance _would have been_ better
calculated to preserve the peace of the Continent, and thereby to
secure this nation more effectually from the hazard of being involved
in the calamities of war.' And there it ends!--with a mere conjecture
of what '_would have been_'!
Is this an Address for a British Parliament, carrying up a complaint
that the nation is on the eve of war, but conveying not a word of
advice as to the course to be followed at such a moment? I, for my own
part, beg the House not to agree to such an Address--for this reason,
amongst others, that as it will be my duty to tender my humble advice
to His Majesty as to the answer to be given to it, I am sure I shall
not know what to advise His Majesty to say: the only answer which
occurs to me as suitable to the occasion is, 'Indeed! I am very sorry
for it.'
This, then, is the upshot of a motion which was to show that the
present Ministers are unfit to carry on war or to maintain peace; and,
by implication, that there are those who know better how such matters
should be managed. This is the upshot of the motion, which was
to dislodge us from our seats, and to supply our places with the
honourable gentlemen opposite. It is affirmed that we are now on the
eve of war, the peace which we have maintained being insecure. If
we _are_ on the eve of war, will not this be the first time that a
British House of Parliament has approached the throne, on such an
occasion, without even a conditional pledge of support? If war is a
matter even of possible contemplation, it surely becomes this House
either to concur in an Address for the removal of the Ministers, who
have needlessly incurred that danger; or, as the amendment moved by
the honourable member for Yorkshire proposes, to tender to His Majesty
a cordial assurance that this House will stand by His Majesty in
sustaining the dignity of his crown, and the rights and interests
of his people. I trust, therefore, Sir, that by rejecting this most
incorrect and inadequate Address--as unworthy of the House as it is
of the occasion; an Address contradictory in some parts to itself:
in more, to the established facts of the case; and in all to the
ascertained sense of the country; and by adopting, in its room, the
amendment moved by the honourable member for Yorkshire, and seconded
by the member for London, the House will stamp the policy which the
King's Ministers have pursued--feebly perhaps, perhaps erroneously,
but at all events from pure motives, in the sincerity of their hearts,
and as conducive, in their judgement, to the tranquillity, welfare,
and happiness, not of this country only, but of the world--with that
highest of all sanctions, the deliberate approbation of the House of
Commons.
SIR ROBERT PEEL JUNE 1, 1829 PORTUGAL--DON MIGUEL
On the motion of Sir J. Mackintosh, the passages in His Majesty's
speech at the commencement and termination of the last and at the
commencement of the present session were read. Sir J. Mackintosh then
delivered a long and powerful speech, relating to the affairs of
Portugal, concluding, amidst loud cheers, with moving for copies and
extracts of communications concerning the relations between this
country and the Queen of Portugal, illustrative of the several topics
alluded to in his speech.
Mr. Secretary Peel said, that the right hon. gentleman who had just
made an able and eloquent speech to the House had reserved for the
closing part an affecting address to their feelings. The right hon.
gentleman had detailed the extreme severities alleged to have been
committed upon certain residents in the city of Oporto. He was
confident, however, that no sympathy towards the sufferings of
individuals, and no indignation against injustice, would withdraw
the House from the calm and dispassionate consideration of those
principles on which the public policy of this country had been founded
with regard to the kingdom of Portugal. He could not but express
his cordial concurrence in the hope that this country, through the
forbearance, wisdom, and virtue of its constitutional counsellors,
would continue to enjoy the tranquillity and harmony which, for the
last fifteen years, it had happily experienced. He trusted that
efforts would be made to advance general instruction and civilization,
and increased commercial intercourse between the nations, until the
character of merely military conquerors was reduced to its proper
dimensions, and until society was impressed with just notions of moral
obligations and the blessings of peace. He hoped he should not be
misconstrued, as a Minister of this country, in using this language.
It proceeded from no unwillingness to enter upon war, if the cause
were just and necessary--from no diffidence in the resources of the
country--from no fear of the, ability of bringing such a contest to a,
successful issue; but no man interested in the general improvement
and happiness of mankind, and charged with the superintendence of the
concerns of a great nation, could be accounted as acting an unworthy
part in wishing for the continuance of peace. He indulged the hope of
being able to satisfy the House that the course pursued with respect
to Portugal had not only been in conformity to the strict principle of
engagements--not only in conformity to the moral responsibility which
England had incurred--but that it was better calculated to provide
for the continuance of tranquillity than that which, judging by his
arguments and observations, the right hon. gentleman would have been
disposed to recommend with regard to the kingdom of Portugal. He
admitted with the right hon. gentleman the antiquity of the relations
subsisting between this country and Portugal. He admitted that they
had continued almost without interruption for four hundred and fifty
years; and although the right hon. gentleman said, that on three
occasions Portugal was subjected to invasion in consequence of its
adherence to England, yet he begged to remind the House that England
had not been backward in advancing to the succour of Portugal; and
that the history of no country exhibited more proofs of the part
taken by a powerful state to protect any kingdom in its interests and
independence. The Portuguese were well entitled to the name of ancient
allies: the inhabitants of the respective countries had united their
arms in many fields, and almost always in fields of victory. The
question now to be considered was, whether treaties existed imposing
on Great Britain any obligation which of late had not been fulfilled;
or whether any obligation imposed on her a duty to be fulfilled when
called on by an appeal for further interference.
If the House would permit him, he would notice in detail the several
observations of the right hon. gentleman; and, in the first place,
those made rather with a view of provoking explanation than of
criminating or accusing the advisers of the Crown. The right hon.
gentleman had stated that, by a series of treaties, England was
bound to protect the integrity and independence of the Portuguese
territories. That statement was correct; but he denied that, either in
the letter or in the spirit of those treaties, or in any engagement
or obligation entered into by Great Britain, there was conveyed
a guarantee of the succession of any particular individual, or a
guarantee of the existence of any political institution in Portugal.
No request for such a guarantee had ever been preferred before the
year 1820. In consequence of the unfortunate dissensions since that
time, frequent applications had been made to England by different
parties, either for the guarantee of certain institutions, or the
security of existing forms of government; but the uniform answer was,
that the guarantee to Portugal was against foreign invasion, and not
on behalf of particular institutions, and that the general rule
of England was not to interfere in the internal affairs of other
countries. In 1822, his right hon. friend, Mr. Canning, being
reappointed to the office of Secretary for Foreign Affairs, was
appealed to by the democratic Government of Portugal for a guarantee
of its political institutions. His right hon. friend referred the
deputation to the declaration made by Lord Castlereagh at the Congress
of Laybach, as the Minister of England, that her rule was not to
interfere in the affairs of other countries, and distinctly notified
to the Secretary of State of Portugal that the general principles
of Lord Castlereagh's declaration applied to the institutions of
Portugal. He held in his hand an extract from the note written by Mr.
Ward under the direction of Mr. Canning. It stated that, in reply to
the doubts of Mr. Oliveira, he referred to the declaration of 1821,
laying it down as His Britannic Majesty's principles, with respect
to foreign states, to abstain from interference in their domestic
affairs; a principle which applied to all independent states, and was
the more binding as depending on the law of nations. He referred, he
said, to this note to show that the present policy was not a line of
conduct adopted for one occasion, but a principle expressly laid down
both by Lord Castlereagh and Mr. Canning, and which, notwithstanding
our peculiar relations with Portugal, in consequence of treaties
existing for four hundred years, was yet not considered applicable
to Portugal more than to any other state. In 1822, when Brazil and
England were engaged in negotiations consequent upon the declaration
of the independence of the Crown of Portugal, the principle was
also considered applicable, and was observed throughout; and, in
acknowledging the independence of Brazil, it was understood that it
should not preclude an amicable arrangement between the two countries.
The course adopted by Mr. Canning not only was sanctioned by sound
policy and justice, but was the principle that had always guided
England when called on to interfere in the civil concerns of Portugal.
It was quite true that, in 1826, England sent an army to Portugal, and
he thought then, and thought now, that in doing so she not only acted
in conformity with the spirit of ancient treaties, but of wisdom and
sound policy. Nothing could be more express than the disclaimer by Mr.
Canning, that the army was not sent out for the purpose of supporting
political institutions, but at the express instance of the _de facto_
Government of Portugal, craving the assistance of England as a
protection from foreign invasion. The principle of non-interference
was distinctly recognized in sending out that army, and every
instruction to the officer in command was to forbear mingling in civil
dissensions, but to protect the kingdom from foreign invasion.
He brought forward these statements to show that England had
throughout declined giving a guarantee for any political institutions,
or interfering in civil dissensions. That being the general rule,
was there any peculiarity in the usurpation of Don Miguel, or in
the claims of Donna Maria, to impose upon England the necessity of
departing from her usual course? He was prepared to contend, in
opposition to the inferences that might be drawn from the arguments of
the right hon. gentleman, that there was no special case calling for a
departure from our general system of policy. The first proof given by
the right hon. gentleman of the duty of a qualified interference was
drawn from the fact, that Don Miguel's accession or usurpation was in
1825, at the time when the treaty of separation between Brazil and
Portugal had been entered into, and when the constitution had been
sent from Brazil, through the agency of Sir Charles Stuart, a British
subject. The right hon. gentleman had stated that this circumstance
must have led the people of Portugal to believe that England was a
party to the grant of the constitution, and as such bound to aid and
support it. The answer to that point was quite conclusive. The
affairs of Portugal would be so familiar to the House that they would
recollect that Don John, its late monarch, died in 1826, and that Don
Pedro, his son, having effected the separation of Brazil and Portugal
by treaty, was styled Emperor of Brazil. Don John died, and the treaty
was ratified; but no provision had been made for the succession to the
crown of Portugal. Don Pedro claimed the crown as king by succession,
and determined on transferring it to his daughter, with the grant of
a constitution. Now the fact was that England was not in any way
responsible for that constitution. Don John died in 1826, and Sir
Charles Stuart brought the constitution to Portugal on May 11 in
the same year; and, by the dates of the different events, it was
physically impossible that England should have organized the charter.
Sir Charles Stuart was not only the plenipotentiary of England to
Brazil, but was also employed in a similar capacity in adjusting
certain differences between Brazil and Portugal; and, having
discharged his duties as a British subject, he had remained at Rio de
Janeiro in the latter character. Sir Charles did not act by the advice
of the British Government, but was the mere bearer of the charter;
and Mr. Canning, fearing that his residence at Lisbon might create an
impression that this country was responsible for the charter, sent
a circular to every court in Europe, disclaiming on the part of
the British Government, any part in, or even knowledge of, the
transaction; and he moreover ordered Sir Charles Stuart forthwith
to leave Lisbon, lest his presence should be misconstrued into a
countenancing of Don Pedro's constitution. The right hon. gentleman
had inferred that England had contracted to support the constitutional
charter. Now it so happened that all delusion upon that point had been
effectually prevented by the language of the Minister for Foreign
Affairs, who declared in Parliament that he had declined advising the
King to interfere in the affairs of Portugal. Nothing could be more
explicit than the declaration of Mr. Canning. As the subject was
important, he trusted the House would allow him to refer to the words
of Mr. Canning. On December 12, 1826, in the celebrated speech which
he delivered on bringing down the King's message respecting the
affairs of Portugal, Mr. Canning expressed himself as follows: 'It has
been surmised that this measure (the grant of a constitutional charter
to Portugal), as well as the abdication with which it was accompanied,
was the offspring of our advice. No such thing. Great Britain did not
suggest this measure. It is not her duty, nor her practice, to offer
suggestions for the internal regulation of foreign states. She neither
approved nor disapproved of the grant of a constitutional charter to
Portugal; her opinion upon that grant was never required. True it
is that the instrument of the constitutional charter was brought to
Europe by a gentleman of high trust in the service of the British
Government. Sir Charles Stuart had gone to Brazil to negotiate the
separation between that country and Portugal. In addition to his
character of plenipotentiary of Great Britain as the mediating Power,
he had also been invested by the King of Portugal with the character
of His Most Faithful Majesty's plenipotentiary for the negotiation
with Brazil. That negotiation had been brought to a happy conclusion;
and therewith the British part of Sir C. Stuart's commission had
terminated. But Sir C. Stuart was still resident at Rio de Janeiro
as the plenipotentiary of the King of Portugal, for negotiating
commercial arrangements between Portugal and Brazil. In this latter
character it was that Sir C. Stuart, on his return to Europe, was
requested by the Emperor of Brazil to be the bearer to Portugal of the
new constitutional charter. His Majesty's Government found no
fault with Sir C. Stuart for executing this commission; but it was
immediately felt that, if Sir C. Stuart were allowed to remain at
Lisbon, it might appear in the eyes of Europe that England was the
contriver and imposer of the Portuguese constitution. Sir C. Stuart
was therefore directed to return home forthwith, in order that the
constitution, if carried into effect there, might plainly appear to
be adopted by the Portuguese nation itself--not forced upon them by
English interference.' On the part of the Government of England, it
was evident, therefore, that no advice had been given on the subject
of this charter, and that England was in no way responsible for it.
Mr. Canning publicly avowed this fact; therefore there could have been
no deception practised upon Portugal, nor could she have placed any
reliance upon the participation of England in the transaction.