the Queen of Portugal, was governed by authorities civil and military in allegiance to her majesty. private Bills. The public Bills were, the Mutiny Bill, the Marine Mutiny Bill, and the Pensions' Duties Bill. The Commissioners were the Archbishop of CANTERBURY, the Lord CHANCELLOR, and the Earl of SHAFTESbury. Petitions presented:-By the Marquis of HERTFORD from Alcester, praying for the repeal of the Malt and Beer Duties:-By Lord WALLACE, from certain owners of LeadMines in Cumberland, praying for a protection against the introduction of Foreign Lead:- By Earl STANHOPE, from a Hundred in Suffolk, complaining of Distress, praying that an inquiry might be instituted into its cause; pray. Plymouth to Falmouth, and it is supposed they ing also for a reduction of Taxation, and for a repeal of the measures respecting the prevention of a Small Paper Currency:-By the Marquis of LANSDOWN, from the inhabitants of Rochdale, praying for a revision of the Criminal Law, with the view of taking away the Punishment of Death from all offences against property:-And by Lord CARRINGTON, from High-Wycombe, with a similar prayer. am AFFAIR AT TERCEIRA.] The Marquis of Clanricarde said, that in rising to introduce the Motion on which he had given notice, he felt how inadequate his powers were, to bring it forward in that manner which its importance deserved; perceiving, however, the vast consequences of the principle involved in the course of policy to which he objected, and fearful, if passed over in silence, that what had been done at Terceira should be drawn into a precedent, he thought he should be guilty of a dereliction of his duty if he did not bring it under their Lordships' consideration. The papers which had been laid before the House by the noble Secretary opposite, did not contain, in his opinion, information as ple as the House had a right to expect on this important subject. There was one document in particular, the absence of which he regretted, he meant the protest of Count Saldanha, against the attack made on the vessels sailing to Terceira, by Captain Walpole, because he knew that the principle for which he contended was there very fully and very ably laid down. There was, however, in the documents before the House sufficient information on the affair to warrant him in bringing it under the consideration of their Lordships. Before he proceeded further, he would read the Resolutions which he intended to submit for the adoption of their Lordships. The noble Lord then read the following Resolutions, "That prior to the 12th of December, 1828, her Majesty the Queen, Donna Maria 2nd, had been recognized by his Majesty, and the other great Powers of Europe, to be the legitimate Queen of Portugal; and that at the period above-named the said Queen was residing in this country, and had been received by his Majesty with the accustomed honours of her royal rank. "That on the said 12th of December, the Island of Terceira, part of the dominions of VOL. XXIII. "That on the said 12th of December, instructions were given by the Lords Commissioners number of Portuguese soldiers and other foof the Admiralty, stating that a considerable reigners were about to sail in transports from intend making an attack on Terceira or other of the Western Isles, and his Majesty having been pleased to command that a Naval force should be immediately despatched to interrupt any such attempt, you are hereby required and directed to take the ship and sloop named in the margin under your command, and to proceed with all practicable expedition to Terceira, and having ascertained that you have succeeded in alluded to, you will remain yourself at Angra or reaching that Island before the transports above Praia, or cruising close to the Island in the vessels arriving off it; and you will detach the most advisable position for interrupting any other ships as you shall deem best for preventing the aforesaid force from reaching any of the other Islands. "That on the arrival of the Naval force sent the commanding officer found that Island in the to Terceira, in pursuance of the instructions, possession of, and governed by, the authorities above mentioned. "That in the beginning of January, 1829, a number of Portuguese subjects or soldiers of her said Majesty, voluntarily left this country with a view of repairing to the said Island, and that their departure and destination were known to her Majesty's Government, that they merchant ships, to have been unaccompaappear to have embarked and sailed in unarmed nied by any naval force, and themselves without any arms or ammunition of war. "That these unarmed merchant ships and passengers were prevented by his Majesty's ing the harbour of Porto Praia; and that after naval forces, sent for the purpose, from enterthey had been fired into, and blood had been spilled, they were compelled, under the threat of the further use of force, again to proceed to sea, and warned to quit the neighbourhood of Terceira, and the rest of the Azores, but that they might proceed wherever else they might think proper.' unarmed vessels, and preventing them from "That the use of force in intercepting these anchoring and landing their passengers in the harbour of Porto Praia, was a violation of the sovereignty of that state to which the Island of Terceira belonged; and that the further interference to compel these merchant ships or transports to quit the neighbourhood of the Azores,' was an assumption of jurisdiction upon the high seas, neither justified by the necessity of the case, nor sanctioned by the general law of nations." Their Lordships would see that he did not enter into the policy of the course pursued by his Majesty's Government towards Don 2 B Miguel. Whatever that policy was, it | Ministers for not having guaranteed those would make no alteration in the arguments Portuguese a safe passage to the Azores; which he should submit to them. The but while the negotiations on that point avowed policy of Ministers was that of were pending, it was known that Don Mistrict neutrality with respect to the con- guel's expedition to Terceira had failed. tending parties in Portugal. Be that The waters of the Azores were then free, policy good or bad, when the neutrality and all that the Portuguese here desired was once declared it ought to have been was, an opportunity of departing thither, as acted upon; but he would contend, that the noble Duke had at first advised and in the conduct pursued towards the un- admitted their right to do. An applicaarmed Portuguese endeavouring to land at tion to this effect was made by the Marquis Terceira, there was a violent breach of that Palmella to Ministers, he at the same time neutrality which was avowed, and also an assuring them that these men would go infraction of the law of nations, greatly off unarmed, in small detachments. They aggravated by the previous declaration of hired unarmed vessels, they had neither neutrality. He now begged to call the at- arms nor ammunition, and the number of tention of their Lordships to the circum- men was not greater than the number of stances under which the Portuguese, who men who usually go in one emigrant vessel had acknowledged the title of Donna to Canada, or about 600. Now, he wished Maria, had been driven from their country, to know how could these men be more and had sought refuge in this. Their fully divested of a hostile character, being Lordships would recollect that, after the without arms and ammunition? They defeat at Oporto, a considerable number of sailed, but an order was given to the comPortuguese subjects sought and obtained mander of our ships to prevent their landan asylum in this country. In doing so they ing at Terceira. One of the vessels was subjected themselves to no restrictions, but fired into, and murder actually committed, remained as free as before they came here, for it was murder, at least manslaughter, to listen to the voice of duty, when it which no law could justify. These men called them to take arms in behalf of their formed a part of no invading army; they lawful sovereign. After they had obtained were merely subjects going home to their fela temporary asylum here, intelligence ar low-subjects, alike loyal to their sovereign. rived that Terceira adhered faithfully He knew it was said by the noble Foreign to Donna Maria. They wished to pro- Secretary on 18th of February last, that ceed thither, and having understood that this expedition bore a hostile character; Don Miguel was preparing an expedition being composed chiefly of Germans and against Terceira, they sought a convoy to Danes, who were engaged for the purpose escort them to that part of the Portuguese of hostility. He must, however, put his dominions in which the authority of their private information on the matter in oppoQueen was recognized. That application sition to the noble Secretary's statement. was refused. He did not blame that re- There was, he believed, one vessel going to fusal; but he should wish that their Lord- Brazil which had some Germans and Danes ships would attend to the reply given by on board, and that vessel might have inthe noble Duke to the Marquis of Barba- tended to touch at Terceira; but it had cena, which was to the effect, that if the nothing to do with the four other vessels Portuguese wished to make war at the which sailed from Plymouth for Terceira, Azores, they must depart from this coun- and which had no Danes or Germans on try and go there as private individuals. board as passengers. But the vessel with This was what they wished; but from this the Germans and Danes, moreover, did not they were prevented by Ministers. They sail at the same time with the expedition were afterwards dispersed from Plymouth, ["Hear hear," from the Duke of Welwhere they had been collected together. ton.] He understood the meaning of the This was, he thought, an unwarrantable noble Duke's cheer; but was the noble exercise of power. He contended, that the Duke so used to arms that he could not subjects of a sovereign whose title was imagine an expedition to be any thing save sanctioned, recognized, and all but guar- a hostile armament? Without dwelling, anteed, by this country, had a right to however, on that point, he must contend come here, and had a right to depart hence, that there was no law to justify our interto any part of their sovereign's dominions ference: there was no writer on the law of without any molestation. He did not blame nations in whose works there was any pas sage to justify such conduct. He would not prove this assertion by lengthened extracts; but would merely quote one short one from Vattel, in order to show that in the observance of strict neutrality we could not interfere with the subjects of other countries in the way which had been done on this occasion. The passage from Vattel, which he would quote, was from the 7th Chapter Book iii., and was as follows: "It is not possible, then, without injustice, to enter its territory in arms to pursue and capture a guilty person. Such an act affects the safety of a state, and is injurious to the rights of sovereignty or supreme authority, which belong to monarchs. This is what is termed a violation of territory, and nothing is more generally recognized among nations than this, as an injury that should be repelled with vigour by any state that will not submit to oppression." It might perhaps be said, that the sea about the Azores was not the territory of the Queen of Portugal, even if her authority were recognized there; but on this subject he would quote from Bynkershoek the following passages: “Nulla siquidem sit ratio, cur mare, quod in alicujus imperio est et potestate minus ejusdem esse dicamus, quam possum in ejus territorio." 66 "Non oportet in mari, alterius principis continenti proximo, leges dare, sed accipere, quum ibi sumus subditi, non secus ac in ejusdem territorio." According to that authority, the waters about Terceira were as much under the dominion of the young Queen of Portugal as the island itself. But had it been otherwise, had Terceira been in the possession of Don Miguel, he would then beg to know what ground there was for supposing that four unarmed vessels, conveying a number of men, who he believed had not even side arms, and certainly had none of the munitions of war, intended an attack upon the island of Terceira?—an island which had, on several occasions, resisted formidable forces brought against it by the Spaniards. It was not for the first time that Terceira was distinguished for its loyalty and valour. It was attacked by the Spaniards in the years 1581, 1582, and 1583 without success. He mentioned these circumstances in order to shew that it was absurd, as he had stated, to imagine that that island could be taken by an unarmed force. But it had been said that a civil war was going on at the time in the Azores, and that those men went out to assist in it. In answer to the assertion he would ask, Why not? Why should those men be prevented if such were their object? The noble Duke had himself, in his first letter to the Marquis de Barbacena, given them his permission, and said they might go out as individuals if they so pleased. But to revert to what had been said by the noble Foreign Secretary as to the Danish and German troops. He had very different information on the subject from an officer in the service of Donna Maria, who was on board, and who declared that the passengers were all Portuguese, with the exception of four Spanish officers, who had been in the service of Portugal, and who were then going out to join the troops. He would now come to the question whether a fraud had been committed by the Brazilian minister in the application made to this Government to be allowed to export arms. The allegation was, that an application was made in the first instance, to send a certain quantity of arms to Terceira. That was refused; and then application was made, and permission granted, to send them to the Brazils; but they were shipped off to Terceira. Now, if the Brazilian minister had acted in this way, it would be a good ground of imputation of want of good faith. But what had this to do with the question of the interference with the Portuguese troops? Let their Lordships however look at the state of the law at the time this application was made. Was there any law which prevented the exportation of arms direct to Terceira? He was aware of none; nor was he aware of any Order of Council prohibiting such exportation of arms. More than this, it had been stated in another place, that at the very time the noble Earl was attaching this condition to a permission for exporting arms, the Portuguese Government was actually purchasing arms in this country, and exporting them for its own use. Why should this, then, have been allowed to the one party, and refused to the other? Again, suppose that arms ought not to have been exported straight to Terceira, what right had the Ministers to prevent the exportation of arms to the Brazils? And, if they had no right to prevent this, what necessity was there for the permission? However, be this as it might, still the unfortunate Portuguese had nothing to do with the pretended fraud, and ought not to have been punished for it. There were other points of law,-such as the false clearances, and so forth, which were minor points of municipal law, and which he would not argue. There was a legal remedy for the violation of such laws, | tugal, and to take care that the influence. but it was not a legal remedy to follow of this country at the Court of Lisbon people on the high seas and fire into their should be superior to, and preponderate vessels. He contended that in this trans-over, that of France. At this time in paraction the Government had committed anticular this duty ought not to be lost sight infraction of the law of nations, and he of, for it was reported that France had trusted therefore that their Lordships would undertaken the task, in which we had concur in the opinions which he had em- failed, of reconciling the differences that bodied in his resolutions. The Govern- existed in the House of Braganza. Were ment had not done this in a hasty mo- we to be second only in such an affair? ment, or, if it had, Ministers had at least Were we to endeavour to attain the obthought proper to defend and to attempt ject we ought to have most at heart, to justify their conduct. Nothing, however, through the mediation of a Bourbon? By could be more futile than their attempt. such a course we were enabling France to They had resorted to a despicable sort of regain her influence in Portugal, while our special pleading to justify their conduct, own, which was already shaken, would be which was far more worthy of a petti- entirely lost. He trusted that their Lordfogging lawyer, than of the Ministers of a ships at least would not become a party to great nation. They seemed to act on the such policy, but that they would show to Euprinciple of Achilles. rope, that they were not so lost to all sense of justice as to sanction a flagrant and uncalled-for violation of the law of nations, and that they were not so inattentive_to the interest of the nation as to abandon the advantages which this country must always derive from a strict alliance with Portugal. He had only now to invite their Lordships to a concurrence in the Resolutions he had proposed. Jura neget sibi nata, nihil non arroget armis. He trusted, however, that their Lordships would mark the sense they entertained of such conduct by voting in favour of his resolutions. They must remember that by not censuring such conduct, they made it their own. The opportunity was offered to them of retrieving the glory of the country, sacrificed by the Ministers, and they would become parties to the guilt. if they did not reprobate and condemn the proceedings of Ministers. In the last Session of Parliament, their Lordships had been told that negotiations were on foot by which it was hoped the Government would be able to reconcile the differences existing between the members of the House of Braganza. The next thing they heard upon the subject was this gross case of the affair at Terceira,-this assault upon one of the very parties whose differences they had been told the Government was endeavouring to reconcile. In the present Session they had been told that all hopes of effecting such a reconciliation were at an end. But to this infraction of the law of nations their Lordships were now made a party, and it became the dignity of that House to rouse themselves and to disclaim all participation in the act. Nay, unless their Lordships strongly reprobated such a transaction, it would become a precedent which might in future times be turned against ourselves, and materially affect the interests of the country. One of the principles acted on most perseveringly and most consistently through many ages by every successive British ministry, was to cultivate a good understanding with Por The Resolutions having been put by the Lord Chancellor, The Earl of Aberdeen said, that although their Lordships had been three or four times already called upon to discuss this question, yet he felt perfectly well satisfied that the noble Lord had thought proper to bring it once more under their consideration; for he was well convinced that the more the subject was examined and understood, the greater would be the certainty of their Lordships giving their sanction to the course which his Majesty's Ministers had adopted. The noble Lord had proposed a series of resolutions which, as he had heard them that night for the first time, it could not be supposed that he was prepared to discuss minutely. Some truth there doubtless was in the narrative contained in the noble Lord's resolutions; but it was dashed with circumstances well calculated to give any one who read it a very erroneous notion of the transaction. The subject was indeed highly important; but their Lordships should view it candidly and dispassionately: it was even a subject, he would say, on which their Lordships should rather distrust first impressions; and moreover, the character of the trans action depended altogether on its being or he should rather say, after the flight viewed as a whole, from its commence- from Oporto, for where there had been no ment to its conclusion. The importance engagement there could be no defeat,-of thus viewing this transaction, of after the flight from Oporto, the fugitives viewing it as a whole,-imposed upon him betook themselves to Spain. At this the necessity of troubling their Lordships point it was, that the good offices of this with a narrative of the facts that were country in their favour were first interconnected with it. But first of all let posed. The Spanish government orhim allude to the position in which this dered them to quit Spain within a month; country stood with respect to Por- but by the interference of the British Gotugal, at the time this transaction took vernment the period of their stay in Spain place. That position was one of strict was prolonged, and facilities were given neutrality. Whether the choice of that towards their embarkation. Application position was right or wrong had no- was then made to this country for transthing to do with the present question. ports to convey these troops hither. This It might have been right,-it might have our Government could not consent to; been wrong, but he had not heard it ob- but it promised, that if the troops came jected to in that House; and the noble here, they should be hospitably received, Lord who proposed these resolutions had and that accommodation should be providsaid, that he would not enter into the ed for them for a time. The troops arrived discussion of that point. It might have here about the end of August; and here been right to have supported the legiti- followed, he must say, the first and the mate sovereign of Portugal; but that only error of which the Ministers had course had not been contended for in been guilty. The Government ought, that House. He knew, indeed, that it perhaps, to have insisted upon the immehad been stated out of the House; and diate dispersion of these troops. But he must say, he thought it would have when their Lordships considered the debeen only fair to have raised the point in plorable condition in which the men were, the House, where it might have been met and the promise which was made that in argument, and the opinions of their they should shortly be carried to Brazil, Lordships taken upon it; it had been he was sure their Lordships would consistated out of the House, that the Govern- der that it was no very extravagant stretch ment ought to have supported the claims of humanity in the Government to act as of the legitimate government of Portugal. it did. The troops, on arriving here, deAgain, on the other hand, it might have clined the accommodation which was offerbeen right to accede to the almost unani- ed them at Plymouth and at Portsmouth, mous opinion of Portugal, and acknow- and they preferred remaining together at ledge the prince whom the Portuguese Plymouth, where they formed what they had chosen as their king. Neither of called a dépôt,-where they were discithese courses, however, had been adopted; plined, officered, and, in fact, exhibited the course adopted was that of strict neu- every appearance that belonged to trality, and all he claimed from their military force. Indeed, it was not denied Lordships, on the present occasion, was that they were a military force, and noto agree with him that, such a course thing else. In the month of October the having been adopted, it was necessary Marquis of Barbacena informed the noble that it should be faithfully observed. Duke (Wellington) near him, in a letter, For of all the systems that might have that he intended to despatch a portion of been adopted, that which alone was per- these troops (for so the Marquis termed fectly indefensible was, to lay down a them) to the Azores. In order to form a course of neutrality in the first instance, correct judgment of the subsequent transand afterwards to interpret that course actions, the condition of the Azores at according to our opinions, our feelings, or that time must not be lost sight of. our interests. Having declared then that Every one of the islands was under Don the course resolved upon by the Govern- Miguel, excepting only the island of Terment was one of strict neutrality, and that ceira, and the condition of that island, it was necessary to maintain that course but of that island alone, was doubtful. faithfully, he would proceed shortly to It was doubtful in this way :-the popurecapitulate the circumstances of this translation was in favour of Don Miguel, but action. After the defeat at Oporto, the garrison of the fortress, disarming the a |