Selected Speeches on British Foreign Policy, 1738-1914/Portugal-Don Miguel
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 up on the participation of England in the transaction.
The right hon. gentleman, in the second part of his speech, had adverted to the discussions at London and Vienna, respecting the acceptance of the regency by Don Miguel, as involving a necessity to support the claims of the young queen. But surely it was too much to contend that, if England and Austria had taken certain measures respecting the appointment of Don Miguel to the regency, with the sanction of Don Pedro, they thereby became the guarantees of the Queen's rights. It was true that the King of Great Britain and the Emperor of Austria took certain measures to induce Don Miguel to comply with the engagements; and it was true that the engagements he contracted with Don Pedro were not fulfilled. That circumstance might impair the individual character and conduct of Don Miguel, in any discussion regarding his private crimes and vices; but he would remind the right hon. gentleman that the vices and the crimes of this individual were matter of consideration for the inhabitants of Portugal; and if ever we undertook to govern our public policy by considerations arising from the private acts of individuals, he feared that that influence, which he rejoiced to hear we were admitted to possess, would not long continue. These were considerations which ought not to influence the public policy of other nations. Then the question came to this—Was England to undertake the conquest of Portugal for Donna Maria or not? That was the whole question. The right hon. gentleman said that England and Austria ought to have compelled Don Miguel to have executed his office of Regent of Portugal. By what means? There was only one of two courses of action—either complete neutrality, or the conquest of Portugal for the Queen. To give advice to Don Miguel, without intending to follow up that advice by force, if necessary, would be very likely to disappoint its effect: to threaten, without executing the threat, would be very inconsistent with the dignity of the Crown of England. To enter into any alliance with Brazil, with regard to the succession of the young Queen, would for various reasons, besides our proximity to Portugal, make England the principal in the war, and Brazil an inadequate sharer. It would be difficult to contend that there was anything in ancient treaties, or any part of our stipulations, which strengthened the claim on England to advance the interests of Donna Maria by arms, or to force upon a reluctant people a Sovereign they were not willing to accept. The right hon. gentleman had said that at Vienna it had been intimated to Don Miguel, by the Courts of Austria and England, that if he did not accept the regency on the conditions upon which it was offered to him, he should be detained at Vienna until instructions could be received from Don Pedro. He (Mr. Peel) did not recollect that any such intimation had been conveyed to Don Miguel. He had no recollection as to any intention of forcibly detaining him; and he could assert that England was no party to any such forcible detention. England was merely present by her ambassador. It was, no doubt, an indignity to England that Don Miguel did not fulfil his stipulations, which had been entered into in the presence of her ambassador. But the question was, whether it was just or politic to make this a ground of war? He deplored, as much as the right hon. gentleman, Don Miguel's non-observance of those stipulations, and his want of faith; but he only contended that there was no ground for the interference of England by force, still less for adopting a principle of interference which might lead to serious consequences.
Another subject to which the right hon. gentleman had referred was the blockade of Terceira; and, without entering into all the particulars of that blockade, he should be able to justify the course pursued by Government. The right hon. gentleman had lamented that England had respected a blockade established by a de facto Government. He would merely adduce—as a proof that there was no partiality to Portugal in recognizing the blockade—the fact that when Don Pedro disunited the Portuguese Empire, and declared Brazil independent, in defiance of his father, he established a blockade. England, upon that occasion, pursued the same course as she had now done. Without pronouncing upon the legality of the Government, she respected this act. So, in the present case, without pronouncing on the legality of Don Miguel's government, finding a blockade established, we had respected it, as we had done in Greece and in South America when a blockade was established by a competent force. Then the right hon. gentleman had contended that there was a want of courtesy in not admitting the claims of the respective Ministers of Portugal and Brazil. Now, there were three individuals in this country who had taken part in some diplomatic relations—the Marquis Palmella, the Marquis Barbacena, and Count Itabayana. But when the Marquis Palmella was applied to respecting the affairs of Portugal, he declared his functions to be at an end. Surely England could not be expected to recognize a Minister who, when he was addressed upon public matters, declared that his functions as a Minister were at an end! With regard to the Marquis Barbacena, he arrived here in charge of the Queen of Portugal, quite unexpectedly. The Queen had been sent from the Brazils to Vienna, in order to be placed under her relation the Emperor of Austria. No notification had been transmitted to this country of his intention to send her here. Letters were actually received from Mr. Gordon, our Minister at the Brazils, dated three weeks after the Queen of Portugal had sailed, which mentioned no intention of the Queen coming to England. It was not until the arrival of the Marquis Barbacena at Gibraltar, that he determined to convey her hither; and it was not too much for the Government to ask the marquis, 'In what character do you appear?' Still it was intimated to him that, notwithstanding the want of courtesy displayed in not notifying the intention of Her Majesty, this would not affect the conduct of the Government, or cause the disrespectful reception of the Queen. But this showed the absolute necessity of ascertaining the character and powers of the marquis. Therefore, he could not think that his noble friend at the head of the Foreign Department, having to do with three Ministers of one state, was in fault if he desired to know their powers before he treated with them.
He would again remind the hon. gentleman that, if Don Miguel did sway the destinies of Portugal, this was not owing to foreign influence; it was owing to the Portuguese themselves. He had been proclaimed King by the Cortes of the kingdom. An insurrection had indeed sprung up, but it had failed. The right hon. gentleman. said that it failed through some mistake, and that if the insurgents had pressed forward to Lisbon, Don Miguel and his mother would have been forced to emigrate. But he (Mr. Peel) held it to be quite unnecessary to discuss these points, or to inquire into the popularity of the King, or the consequences which might have happened if the insurgent general had advanced. Don Miguel was the person administering, de facto, the government of Portugal, and lie could not think it prudent on the part of England to undertake to displace him, and to dictate to the Portuguese who should be their ruler.
The only other transaction to which the right hon. gentleman had referred in the second part of his speech was that of Terceira. He would attempt to explain, with as much clearness as possible, the course which the Government had pursued in this affair. It was the determination of the English Government to maintain a strict and undeviating neutrality in regard to the dissensions of Portugal; and they resolved not to be induced, by any appeal to their feelings, to depart from it. They considered that there had been no sufficient case made out for forcible interference, and they resolved not to interfere. When the insurgents in the north of Portugal were driven to take refuge in Spain, Spain objected to receive them, and England did interfere to procure them a milder treatment. They, however, determined to repair to England, and applied for leave, which was granted: and a body of from three thousand to four thousand men were received at Plymouth, and continued there for a considerable time. The right hon. gentleman said that a notification was conveyed to them in November that the officers were to be separated from the men; that, in consequence, the Marquis Palmella informed the Duke of Wellington of their wish to retire to Brazil, and that on December 23 they applied to go to Terceira. The right hon. gentleman's version of this transaction was somewhat different from his. On December 23, an intimation had been given to Marquis Palmella that England would not permit them to go on a hostile expedition to any part of the Portuguese dominions. But the right hon. gentleman had not stated that, on October 15, two months before the period before mentioned, the Marquis Barbacena had written to the Duke of Wellington to inform him that the Government of the Azores had made preparations for the reception of the Portuguese refugees, and that the marquis applied for a conveyance of the troops to Terceira, the largest island of the Azores. The other islands had acknowledged Don Miguel; in Terceira the garrison was in favour of Don Miguel, but there was a strong party in the island in favour of the Queen. The answer of the Duke of Wellington, on October 18, was that England was determined to maintain a neutrality in the civil dissensions of Portugal, and that the King, with that determination, could not permit the ports and arsenals of England to be made places of equipment for hostile armaments. It was intimated to the Marquis Palmella that, although the Government were willing to give shelter to the troops, it was improper that they should continue to occupy Plymouth as a military body, and that they should distribute themselves in the adjoining villages. The answer to this intimation was that their separation as a military body would relieve the Portuguese Government of its apprehensions. Was it to be tolerated that a Power not at war with us should see a force collected in England sufficient to excite apprehensions? The Marquis Palmella was told that the troops must give up their military character and become individuals. The answer was that, rather than separate, and destroy their military character, they would prefer going to Brazil. The reply to this was, that we did not wish them to go to Brazil, but we would not obstruct them; and in order to protect them from Portuguese cruisers, a British convoy was offered and declined. The right hon. gentleman said that application was made for permission for a body of unarmed men to go to Terceira. But it was necessary that the House should know certain facts relating to the export of arms in that island which, if permitted, every object they had in view would have been attained. He was sorry to be obliged to state these facts; but it was necessary to the vindication of the Government, and those who were implicated in those transactions must suffer. At an earlier period than that mentioned by the right hon. gentleman—namely, August 15, 1828—Count Itabayana had applied to Lord Aberdeen for permission to export one hundred and fifty barrels of gunpowder and a quantity of muskets to Brazil. Lord Aberdeen replied that he would grant that permission provided the arms and powder were not intended to be employed in the civil dissensions of Portugal; that if the Emperor of Brazil had determined to attempt to conquer Portugal, England would not interfere; and he therefore required a bona fide declaration as to the manner in which the arms and powder were to be employed. Count Itabayana's answer was, that he did not hesitate to give a clear and precise reply, and that there was no intention of so employing them. In consequence of this answer, Lord Aberdeen gave the permission desired; but the arms and powder were, notwithstanding this declaration, instantly transported to Terceira. Therefore when application was made to the Government for permission for the troops to leave this country for Terceira, they said, 'We have been already deceived; you profess to sail as unarmed men, but you will find arms on your arrival at Terceira.' They did, however, sail, and the right hon. gentleman had asked what right we had to stop them on the high seas? He would tell the House that they sailed with false clearances, which were obtained at the Custom-house as for Gibraltar, for Virginia, and other places; but the vessels really went to Terceira. Now, he begged the House to consider, and to decide on this statement of the case, and he would ask, whether it were consistent with the character of England to permit a military body thus to wage war from our ports with a Power with which we were not at war? We did not recognize Don Miguel, it was true; but we were not at war with Portugal. We still maintained commercial relations with that country, and had a consul there. It was too much for Brazil to desire to place us in a different situation with Portugal from that in which she was herself placed with that country; for she also had a consul there. We had no reason to believe that Don Pedro meditated a conquest of any part of the Portuguese dominions, and the question was, whether private individuals were to be permitted to carry on hostilities with Portugal from Plymouth. The duty of neutrality was as strong in respect to a de facto government as to one de jure. It was inconsistent with neutrality to permit an armed force to remain in this country. In addition to the Portuguese troops at Plymouth, three hundred Germans were enlisted in the north of Europe to reinforce them. Was this to be tolerated? When the Portuguese refugees went to Spain, we required that the officers should be separated from the men, and because Spain refused we prepared to go to war, and actually sent five thousand men to enforce our demand. Was it the policy of England to prevent the dismemberment of the Portuguese Empire? In 1825 we stipulated that Portugal should be separated from Brazil; so that motives of policy as well as neutrality called upon us to discourage these attempts, and above all to prevent this country from being made the arena for the designs of other Powers. What was to prevent Russia and France from making a similar use of our ports?
He would now leave the House to decide whether the Government of England was not right in preventing its manifest intention being defeated by false clearances and false assurances. These were the facts of the case, and he was satisfied that the character of England had been vindicated by not allowing its ports to be made subservient to such designs. These were the principles upon which the Government had acted. The officer who had been entrusted with the naval expedition to Terceira, had acted with the utmost forbearance. He gave ample warning; and it was not until a passage was attempted to be forced that he reluctantly fired a shot, which killed one man and wounded another. Having now given the explanations which the right hon. gentleman required, he came to his motion. It was impossible not to acknowledge the forbearance of the House with regard to the discussion of foreign affairs—a forbearance dictated by a sense of the delicacy of interfering with pending negotiations, and prejudging measures; yet he had no hesitation in saying, that he was perfectly prepared to acquiesce in the motion of the right hon. gentleman, and probably the right hon. gentleman, instead of confining it to a call for certain papers, would allow his motion to stand as it appeared in the notice paper—'for copies or extracts of communications concerning the relations between this country and Her Most Faithful Majesty the Queen of Portugal'; and he assured him that every paper connected with the Queen of Portugal, which it was consistent with the duty of Ministers to produce, should be most readily given.
At a subsequent period of the debate,
Mr. Peel said that the British Government had not recently made any proposition for the completion of the marriage between Don Miguel and Donna Maria, nor had it ever made any such proposition at any time except with the cordial concurrence of the Emperor of Brazil. The moment the Emperor intimated an objection to the marriage, all communication on the subject on the part of the British Government ceased. No proposition for the renewal of the proceedings would be made unless with the entire concurrence of the Emperor of Brazil.