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tion. The government of that nation are now convinced, that difference of political institutions ought not to diminish that friendship and mutual confidence which the solemnity of treaties, the ties of blood, and vicinity of territory, have so long consolidated. But one circumstance was wanting to confirm our hopes of future felicity, it is wanting no longer. A very few hours ago, I received from Vienna, intelligence, that my dearly beloved and much esteemed brother had taken the oath to the constitutional charter, without condition orqualification,'on the fourth of this present month; and that, immediately after that act, he had addressed his holiness for the purpose of obtaining the necessary dispensation for solemnizing his marriage with my august niece and sovereign Queen Donna Maria the Second. Our legislative enactments will eminently concur to the maintenance of public tranquillity, and in giving stability to the political system established by the Charter. They will establish, on the solid basis of justice, the civil and criminal codes of the empire; they will give regularity to our municipal bodies, and to our provincial tribunals; and add, at the same time, a new impulse to commerce and agriculture, the sources of our national prosperity. In mentioning commerce, I cannot refrain from communicating to you the very flattering hopes I entertain of seeing its activity doubled, both in Portugal and Brazil. The treaties concluded between that empire and some of the powers of Europe, give additional strength to this hope, and we have a still more assured pledge of it in the well known affection of the emperor of Brazil, towards the country which
gave him birth, and where his august ancestors reigned. Your attention will doubtless be directed with very particular care, to education and the public instruction of the community, which contribute so efficaciously in purifying the morals of the people, which times of trouble have corrupted. Nor will the re-establishment of education bottomed upon the principles of the holy religion which we profess, and which we shall ever defend, less contribute to the stability of the monarchy, and to the production of that perfect harmony in which all the members of this great family ought to dwell.
"Worthy Peers of the realm! in your capacity of legislators, you are called upon to take part in those important labours j but you are also called to exercise the high functions of the magistracy. By the wisdom, firmness, and patriotism, which shall! distinguish your efforts, you will serve as an example to those who may succeed to your hereditary dignities. It is with you, gentlemen, deputies of the Portuguese nation, that all measures with respect to the recruiting the army, and the taxes (two subjects which may most efficaciously concur in consolidating our public happiness, as well as our" rode*"pendence and safety, upon which that happiness absolutely depends) will of right originate. The establishment of our public credit, also demands your most serious attention. The ministers of State will furnish you with all the explanations which the charter-re.*quires from them. Finally, from all of you conjoined, worthy peers of the realm, and gentlemen deputies of the Portuguese na*iort,!l'I'' expect, and the whole nation hopes, the agwrnphahment 'Of fflfi brilliant destinies. To you the throne looks for its firmest support; and you have placed before you, as the great recompense of the interesting labours which you are about to enter upon, the delightful satisfaction of being able, one day, to say to your countrymen —' We found Portugal weak and languishing; we leave her vigorous and flourishing.'"
The Princess Regent, in terms of the 107th article of the charter,
then nominated the councillors of state for life in the following order: — The Cardinal Patriarch of Lisbon, vice-president of the Chamber of Peers; the duke de Cadaval, president of the Chamber; Pedro de Mello Breyner, minister of Justice; Ignatius Da Costa Quintella, minister of Marine; and major-general Frederic de Caula.
The members of the Ancient Council of State are to retain their honorary title."
Note presented by the Marquis De Palmella to Mr. Canning.
The undersigned Ambassador Extraordinary and Plenipotentiary from his Most Faithful Majesty, cannot, after the news which has just arrived, of the invasion of the Portuguese territory, with force of arms, by a corps of troops assembled and organized in Spain, delay a moment in addressing to his excellency Mr. Canning, his Britannic majesty's principal secretary of state for the Department of Foreign Affairs, a formal demand, in the name of her highness the Infanta Regent of Portugal, for the support and aid of British troops, in virtue of the treaties of alliance and guarantee which have existed in full force between the two crowns, without interruption, for more than a century and a half.
It is in pursuance of the express orders of his government, that the undersigned claims the fulfilment of the stipulations of the said treaties; and that he has now the honour to repeat in writing, the representations he has already officially made in several conferences with Mr. Canning.
The defensive alliance between Portugal and Great Britain is so directly founded on the permanent interests, political as well as com
mercial, of both countries, and on their geographical position, that it might be regarded as virtually existing, though it had not been consecrated, as it in fact is, by diplomatic acts, and become, as it were, habitual to both nations. This alliance is coeval (to say nothing of more ancient relations) with the establishment of the royal House of Braganza on the throne of Portugal, and afterwards with that of the House of Bourbon on the throne of Spain;—those two great events having concurred to induce the Portuguese, on the one hand, to regard England as their natural ally, and the English on the other, to consider the independence of Portugal one of the essential conditions of the political balance of Europe. In fine, those ties, formed by mutual relations of compatibility, have too often been cemented on the field of battle to render it necessary to refer to facts, of which some are not only recent but gloriously memorable.
The undersigned, however, does not confine himself to a mere appeal to the general spirit of the numerous treaties existing between the two crowns. He annexes to this note textual copies of some of the articles of the treaties of 1661, 1703, 1810, and 1815—articles which leave no kind of doubt as to the positive obligations which have been contracted. The undersigned, in the mean time, begs that Mr. Canning will be pleased to allow him to make a rapid analysis of those articles, in doing which he is persuaded it will be easy for him to demonstrate to his excellency that, according to the spirit and the letter of the said treaties, the casus foederis has actually occurred. Articles 15, 16, and 17, and the secret article of the treaty of 1661, expressly stipulate that his Britannic majesty will always place the interests of Portugal near his heart, and will defend that kingdom and the possessions thereof, with all his power by sea and land, in the same manner as he would England. That, whenever Portugal should be invaded, and the king of Portugal should demand aid from his ally, his Britannic majesty would send, free of expense, forces for the defence of Portugal; and finally, that his Britannic majesty would defend the conquests and the colonies of the crown of Portugal against all enemies present and future.
In vain would it be alleged that this treaty had only a special object, and that it ceased to be in force after the peace concluded by Portugal with Spain in 1668; for, 1st, it does not stipulate for a fixed period, but in perpetuity; 2ndly, by the first article of 1703 between Portugal and Great Britain, all the preceding treaties are expressly approved, confirmed, and ratified, which, without doubt, comprehend the treaty of 1661; 3rdly, the guarantee and promise of assistance to Portugal is given, as is distinctly stated in the above
mentioned articles, in consideration of important cessions of territory made by Portugal to England— that is to say, for value received, which England, in a great degree, still possesses.
Articles 2nd and 3rd of the treaty of alliance concluded in 1703, between the king of Portugal on the one part, and England and the States-General of the United Provinces on the other, specify in a very precise manner the succours which shall be afforded, if it should ever happen that the king of France, or the king of Spain, present or future, together or separately, should make war on Portugal. This treaty is perpetual, and any objection which might be advanced on the ground of its comprehending the States - general conjointly with his Britannic majesty would not be valid—
1. Because, according to the doctrines of the law of nations, the defection of one of two associated parties does not annul the obligations contracted by the other.
2. Because the relations between the United Provinces and Portugal have ceased in consequence of posterior wars, and, in particular, on account of their not being renewed since the latter state has undergone a change of form; but it is not the same with regard to the relations of Portugal with England, which have not for a single moment experienced any interruption.
3. Above all, because the said treaty, like every other between the crowns of Portugal and Great Britain, has been revived and confirmed by subsequent treaties; and it will be sufficient to add, that in the treaty of alliance of 1810, one of the stipulations of the treaty of 1703 is referred to as existing. QScc article 8.]
The act of guarantee of the treaty of Utrecht, between Portugal and Spain, formally declares that his Britannic majesty engages, on his royal word, to take care that the said treaty shall be inviolably observed.
Finally, the treaty of Vienna, of 1815, between his most faithful majesty and his Britannic majesty, declares (article 3) that all the treaties of alliance, friendship, and guarantee/anterior to that of 1810, are renewed by the two high contracting parties, and that they recognise the existence of those treaties in full force and vigour.
It seems useless to add other stipulations and other arguments to prove the existence of the obligations of defensive alliance and guarantee contracted between the two crowns. The undersigned, therefore, proceeds to fulfil the second task which he has imposed on himself—namely, to submit to the consideration of the cabinet of his Britannic majesty the present state of things in Portugal.
The British government has adopted the principle (and his excellency Mr. Canning publicly announced it on a recent occasion) never to interfere in the civil discords of other countries. This principle might be found to be in contradiction with some stipulations of the ancient treaties cited above; but, avoiding for the present any discussion of this question, the undersigned is confident he can clearly demonstrate that Spain is now committing hostile acts against Portugal, and that those acts are sufficiently flagrant to constitute a real aggression. He will besides assert, that even if it should be wished to overlook those provocations, and to carry, as the Portuguese government does (from
the desire of peace, and from respect to the wishes of all the other powers) forbearance as far as it can be carried, there would still be no reasonable ground why his Britannic majesty should not send, by way of precaution, and for the sake of preventing war, a body of auxiliary troops to Portugal; for, in fact, if war does not now exiet, it cannot be dissembled that the chances of its breaking out are at least but too probable. But his Britannic majesty will doubtless recognise that there are just bounds to the tolerance of aggressions and insults, and that the existence of the state and national honour require that those limits should not be overstepped. Now, by what right could any other power of Europe blame, still less oppose, the temporary stationing of a corps of British troops in Portugal, for the avowed purpose of maintaining peace? Moreover, it is evident that such aid, being stipulated by anterior treaties, does not (according to the principles of international law) place England in a state of war with the enemies of Portugal, even though her troops should be compelled to co-operate in defence of the latter kingdom. More than one proof of this assertion will be found in the modern history of Europe, and more particularly in what respects the states which formerly constituted the Germanic empire, which were regarded as individually at peace, notwithstanding that they furnished their contingents to the army of the empire.
There are innumerable proofs of the animosity entertained by the Spanish government towards that of Portugal, and of hostile acts committed by Spanish authorties, either, with, the sanction of their government, or of their own accord. The undersigned will confine himself to the recapitulation of the following:—
1. The court of Spain at this moment still refuses to recognize explicitly his majesty the king of Portugal as the successor of his august father, and her royal highness the Infanta Donna Isabella Maria, as Regent of the kingdom.
2. The Portuguese refugees and deserters are cordially received in Spain, where they have been permitted to remain embodied, to retain their arms, and publicly to swear fidelity to another prince; and, at last, consent has been given to their returning sword in hand into Portugal.
3. None of the promises made by the cabinet of Madrid to redress the above grievances have yet been performed.
4. The governor and the other authorities of the town of Ayamonte have maintained an official correspondence with the Portuguese rebels of Algarve.
5. Spanish soldiers have entered the Portuguese territory, and have committed acts of aggression within it; and among others, the spoliation of the property of an English subject.
6'. Portuguese vessels peaceably navigating the river Minho, which divides the two countries, have been fired on from the Spanish side.
All these facts are proved by authentic documents, which have been communicated to the ambassador of his Britannic majesty at Lisbon; and the undersigned confines himself to annexing to the present note, extracts of two despatches which he has received from his excellency the minister for Foreign Affairs to his most; fi>ith«
ful majesty, which, in a few words, give an idea of the present state of our relations with Spain. •
Such are the provocations which Portugal has received from the Spanish government: and what are the reproaches which that government can, on its part, make against the Portuguese nation? Can it be the having recognized as its legitimate sovereign, in accordance with the wishes of all Europe, the eldest son of its late king? Can it be the having received with gratitude the charter freely granted by that sovereign, and which, in fact, only contains the restoration of the ancient rights and privileges of the nation? Is it, in fine, the peacefully endeavouring to reform its internal administration, and observing with scrupulous good faith all the attentions which are due to the government of a neighbouring state, abstaining from employing against it arms similar to those which it employs? •■ r..sn3 «;J
The reality of this contrast is unquestionable, and the-facts Speak for themselves. All Europe cannot fail to recognize its truth, and the British government owes it to the good faith of treaties, to the love of peace, to its own honour, and to the interests which the fate of Portugal cannot fail to excite in England, to take prompt and decisive measures for placing her ally beyond the danger of external attacks, and for terminating a state of things which would, if not prevented by interposition, necessarily lead to a violent crisis. ■;■:>~,: g» „
The undersigned will now only add a few reflections on the principle adopted by England of noninterference in the domestic dissensions of other states. This principle (if H 13 to be observed.