Lords Sitting of 12 December 1826

KING'S MESSAGE RESPECTING PORTUGAL.
On the order of the day being read, for taking into consideration his Majesty's Message,
Earl Bathurstrose, he began by observing, that in proposing to move an humble Address to his Majesty, he thought it necessary to state to their lordships the grounds of the royal Message which he yesterday had the honour of bringing down to the House. As in doing this, he should have to enter into some detailed explanations, he could not sufficiently regret that this duty should be in the absence, from indisposition, of his noble friend the earl of Liverpool, imposed upon him; but fortunately, he was surrounded by colleagues, who would correct any inadvertency or mistake into which he might fall, and who were ready and able to supply any of his omissions. Their lordships were aware that sir Charles Stuart, who had gone on a mission to the court of Brazil, had proceeded from Rio de Janeiro to Lisbon, with instructions from the emperor of Brazil, relative to the settlement of the government of Portugal, after the death of his father. Sir Charles

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was the bearer of an ordinance of the emperor Don Pedro, by which he abdicated the crown of Portugal, which devolved upon his brother, Don Miguel, under certain conditions, the principal of which was, that there should be granted to Portugal what might be called a constitution, or in other words, a charter. It would be proper for him here to state what the situation of sir Charles Stuart was when these events took place. Their lordships must be aware, that negotiations had, for a long time, been carrying on, for the purpose of putting an end to the hostilities which subsisted between the kingdom of Portugal and the new empire of Brazil. These negotiations ultimately terminated in the separation of the two Crowns, Brazil, being, in fact, no longer a colony, but independent of Portugal. After much time had elapsed, things seemed to have arrived at such a state as to justify the appointment of sir Charles Stuart on a mission to Portugal upon this subject. He was to proceed to Lisbon, and thence, with such powers as he might there receive, to Brazil. Accordingly, sir Charles went to Lisbon on this delicate mission. It was then proposed to the king of Portugal, that he should grant a charter, or instrument, by which he should publicly acknowledge the independence of Brazil and that sir Charles Stuart, who was at liberty to accept this mission, or some other person appointed by his majesty, should carry out this instrument to Brazil. The king- of Portugal appointed sir Charles Stuart for this purpose. Sir Charles, therefore, carried out with him, to be delivered into the hands of the emperor of Brazil, the condition on which alone the negotiation was to be concluded. Sir Charles Stuart did deliver those conditions, and having so done, this object was accomplished; but he had still another duty to discharge. He had been instructed, on the condition of the independence of Brazil being granted, to negociate a treaty of commerce between this country and Brazil. He was in the discharge of this duty when he received an account of the king of Portugal's death. In consequence of this event, the emperor Don Pedro resigned the Crown of Portugal to his brother, on certain conditions, appointing at the same time his sister regent of the kingdom, and issuing a charter or constitution. The emperor applied to sir Charles Stuart to be the bearer of those documents to Portugal.
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Sir Charles, unwilling to interfere, deprecated engaging in this business; but he was repeatedly pressed by the emperor to accept the mission, and so many arguments were urged, that he found himself at last no longer able to resist the appointment. Their lordships would perceive from what he had stated, that in acceding to this proposition, sir Charles Stuart had acted wholly and entirely on his own responsibility, and without any instructions on the subject from his majesty's government. He was the more particular on this point, because it was desirable that it should be clearly understood, that his majesty's government had no participation in the recent political transactions in Portugal, and that there had been no disposition on their part to interfere, in any way, in the internal affairs of that country. On his arrival at Lisbon, sir Charles Stuart delivered the instruments he had brought from Brazil to the Vicegerent. On receiving the despatches, the princess regent determined on following the directions they contained, and giving a constitution to Portugal. She was, however, well aware that that constitution was calculated to revive all the old animosities which had but lately been allayed. In addition to this, the council of regency, which was composed of the old ministers of her father, remonstrated against her acceding to the propositions of Don Pedro. She was but a young princess, and had had little experience in public affairs, except what she might have learned from the period of her father's death up to the time of which he was speaking. These circumstances did not, however, deter her from performing what she thought was her duty; and she certainly proceeded with activity to take the necessary steps for carrying her brother's intentions into effect. But, unfortunately, at this very time considerable discontent prevailed. The granting the constitution was considered a foreign measure, and on that account viewed by many with dissatisfaction. It was found that Don Miguel had, in fact, a considerable party in the country, and discontent began to show itself among some of the troops. Instances of insurrection occurred more particularly in the distant provinces, where the revolt of the troops was with difficulty suppressed. The deserters took refuge in Spain, and were there cordially received. In a short time, such a force was collected in that country

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as was sufficient to give serious apprehensions to the government of Portugal—apprehensions which were much aggravated by the state of irritation of many of the frontier provinces. The government of Portugal had now two courses to pursue— either to call upon the Spanish government to give up the deserters, in virtue of a treaty subsisting between the two powers, or to retaliate, by giving a similar encouragement to Spanish refugees. The government of Portugal did not adopt either of those courses, and acted throughout with great forbearance and moderation. They contented themselves with requiring that the armed rebels should be disarmed, and desiring that their arms should be sent to Portugal. His majesty's ministers did not overlook this system of forbearance, on account of which it became more necessary to press on the Spanish government to abandon its protection to the Portuguese rebels. Accordingly, remonstrance followed remonstrance; and, in return, assurances were repeatedly given, that that system of protection should be put an end to; but no measure appealed to be adopted for the purpose of stopping the collection of an armed force on the territory of Portugal, to disarm the deserters, and deliver up their arms to the Portuguese government. In consequence of this state of things, his majesty's minister at the court of Madrid notified to the Spanish government, that he should be under the necessity of leaving that capital, if the government did not disarm and disperse the Portuguese rebels. However, no proceeding for that purpose was adopted, and the deserters were allowed to retain possession of their arms, and to assemble on the frontiers. Soon after this remonstrance, accounts were received through France from Madrid, that a considerable force of Portuguese deserters had marched from Old Castile to the frontiers of Portugal; but the Spanish government, in giving this information, accompanied it by assurances, that they had no concern with it. The French government was, however, so little satisfied with this explanation, that orders were sent to the French ambassador to return immediately to Paris, if the Portuguese deserters were not dispersed; and instructions were given to the Chargé d' Affaires to express, in the strongest terms, the disapprobation of his government, of the proceedings which had taken place on the frontiers of Portugal. Three or four days
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after the arrival of this intelligence, the Portuguese ambassador presented to this government a demand for military assistance from this country, in virtue of the existing treaties. The authority for making this demand had been placed in the hands of the Portuguese ambassador, for the purpose of his making use of it when the occasion for so doing should arrive. But it appeared, that he had received no official intelligence respecting the conduct of the Spanish court from his own government, and that the account which had reached him of the aggression came through France; so that, in truth, his authority for the fact was not better than that of the government of this country. No official despatches relative to the inroad had come from the Portuguese government. In a few days after, his majesty's government received despatches from Mr. Lamb, which communicated in substance the same intelligence which had previously come from Paris. He received it from the Spanish minister, which was, indeed, the same source from which the communication through France proceeded. The communication of the Spanish minister was accompanied by a strong assurance, that the aggression had been made without the knowledge, and in direct opposition to the orders, of his government. On receiving this communication, Mr. Lamb, of course, made strong remonstrances against such proceedings, and took measures for ascertaining what were the real views of the court of Madrid. As he had already stated, no authentic intelligence of an actual inroad by the Portuguese troops from Spain had yet been received; but, on Friday night last, accounts reached his majesty's government from Lisbon, of that event having taken place. What, however, was very remarkable was, that the inroad now made known was not stated to have been made in the quarter mentioned in the account received through France from the Spanish government. It came from Estremadura. It was stated, that the large body of men who made this invasion came from thence armed and equipped by the Spanish authorities, and had been collected under the authority of the governor himself. It was further said, that the Spanish governor had given directions for some Spanish artillery to accompany the rebels. This was the report; but, upon inquiry, it was denied. This force, however, advanced and took

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possession of some places, among which was the town of Villa Viciosa. Their lordships would perceive that they had here the knowledge of a direct inroad upon Portugal. But, in addition to this affair, there was attached to it a consideration of importance, which would not have belonged to the occurrence, had it stood by itself. The proceedings which had taken place argued a communication from one part of the Spanish territory to another—a system of combination, by which it was arranged, that when this inroad should be made on one part of the Portuguese territory, another should, at the same time, be made on another point; and showed that the aggressors were not confined to irruptions from Old Castile and Estremadura. This combined plan was of such a nature, that it must be supposed to have been sanctioned and prepared by the Spanish authorities. Considerable expense must have been incurred; and the arms could not have been obtained without connivance. Had the aggression been confined to one part of the frontier, the excuse might have been set up. It might have been supposed to be the act of an individual governor neglecting the instructions he had received. This certainly might have happened, though it had been the sincere intention of the Spanish government that the instructions given to the governors of provinces should be strictly observed. When, however, the aggression was of such a magnitude as that which he had described, a case was made out which called for the interference of his majesty's government. Their lordships were aware, that in consequence of the alliance between Great Britain and Portugal, the latter was entitled, in case of invasion, to call upon this country for assistance. The first treaty with Portugal was concluded in 1661, and the second in 1703. By the former, this country was bound to support her ally with 3,000 men; by the hitter, with 6,000. Holland was a party to those stipulations along with this country; but the government of the Netherlands had not renewed the treaties which subsisted between the former united provinces and Portugal. There remained, therefore, no obligation on the part of Holland. But without any reference to those treaties, there certainly was sufficient ground for proceeding as his majesty's government had done; for by the treaty of 1815, which referred to that concluded
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with Portugal in 1810, the former obligations were renewed; and it had been stipulated, that the arrangements then entered into were without prejudice to the ancient system of alliance between the two countries, which is declared to be still in full force. Now, though the attack on Portugal had not been made by Spanish troops, but by foreign troops, under the direction of Spanish authorities, and in the pay of Spain, the case was completely brought within the stipulations of the treaty; nor was the obligation on this country to afford assistance the less because the aggression was made on the occasion of a civil war. He conceived, therefore, that the case did come strictly within the obligation of the treaty; but, supposing that such treaties did not exist, he considered that it was for the interest of this country that assistance should be afforded to Portugal. The noble earl next proceeded to state, that it was the intention of government immediately to order out some British troops to Lisbon, for the assistance of our ally against any aggression on its territory; but that, in the mean time, it would be the earnest desire of his majesty's government, to use every exertion to bring about a termination of the differences between the two states. Instructions to that effect had been sent off to our ambassadors at Lisbon and Madrid, and the advice that had been given, and would continue to be given, to the Portuguese government, would be to adopt the same system towards Spain, which it had been earnestly recommended to the latter power to observe towards Portugal. Portugal was advised not to give encouragement to the entrance of Spanish refugees—not to allow them, under any pretence, to enter that country armed—not to encourage, or countenance in any manner, inroads on the Spanish frontier, by Portuguese subjects on subjects of Spain. It was recommended, that every thing not necessary for the due protection of her own rights and the integrity of her kingdom, should be avoided by Portugal, which would increase irritation between the two kingdoms; as any attempts of the kind would tend only to counteract the efforts of his majesty to put an end to the difference between the two states. It might be true, and he believed that, to a certain extent, it was, that there existed in Spain a faction which would set at defiance even the orders of

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their own sovereign, if those orders did not fall in with their views. With such a faction there could be no treaty or negotiation; but it was to be hoped, that when they perceived that the government of this country would not allow of any foreign interference with Portugal, their attempts would cease; that when they perceived that England would lend effectual assistance to resist any aggression on the Portuguese territory, they would lay down their arms, and that thus an end would be put to that cause of difference. He would not further trespass on their lordships, but would move,
"That an humble Address be presented to his Majesty, to return to his Majesty the thanks of this House, for his Majesty's gracious Message, in which his Majesty is graciously pleased to acquaint this House, that an earnest application has been made by the Princess Regent of Portugal, claiming, in virtue of the ancient obligations of alliance and amity subsisting between his Majesty and the Crown of Portugal, his Majesty's aid against an hostile aggression from Spain.
"To assure his Majesty that we participate in the feelings with which his Majesty has learnt, that, notwithstanding the assurances obtained from the Court of Madrid, by the joint representations of his Majesty and his ally the King of France, of the determination of his Catholic Majesty, neither to commit, nor to allow to be committed from his Catholic Majesty's territory, any aggression against Portugal, hostile inroads into the territory of Portugal have been concerted in Spain, and have been executed under the eyes of Spanish authorities by Portuguese regiments which had deserted into Spain, and which the Spanish government had repeatedly and solemnly engaged to disarm and to disperse.
"That we trust that his Majesty's efforts to awaken the Spanish government to the dangerous consequences of this apparent connivance will be successful; but that we entreat his Majesty to believe, that his Majesty may confidently rely on the zeal and affection of this House, for their cordial concurrence and support in maintaining the faith of treaties, and in securing against foreign hostility the safety and independence of the kingdom of Portugal, the oldest ally of Great Britain."
Lord Hollandtrusted their lordships
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would do him the justice to believe, that he did not use mere words of course, or mean to take merit to himself by any hypocritical cant upon this occasion, when he assured their lordships that he strongly felt that no good or wise man would ever give his vote for any measure which might lead to war, or to the necessity of war, without the deepest concern at the responsibility which attached to what he did. It must at all times present a subject of difficulty, when a man was called upon to vote on such a question, but more particularly so on the present occasion, when the state of public credit, the amount of debt and taxation, and above all, the distressed state of a great portion of the people were taken into consideration. Taking into consideration these circumstances, any man must regret the necessity which called upon him for such a vote: yet, strongly impressed as he was with these feelings, he would not hesitate to say, that with a pure mind, a steady purpose, and a clear conscience, he gave his unqualified support to the address now moved by the noble earl; and he did so because it was his firm opinion, that an early assertion of the fixed determination of this country to maintain its honour, and the integrity of its ally, by enforcing an observance of the faith of treaties, would be the most effectual way to prevent a war. If he entertained any doubt at all of the measures now proposed, it was, perhaps, that they came a little too late. The noble earl had said, that we were bound to maintain the stipulations of the treaty with Portugal. In that he fully concurred, but he would go further, and say, that if no such treaties existed, a sense of honour, a sense of what was due to themselves, and to the interests of a power with which this country had been so long in amity, should induce their lordships to assent to the address now proposed. It was unnecessary for him, at that moment, to point out to their lordships the importance of Portugal as the ally of England. Highly as he valued the general services of the noble duke opposite, he thought that none of his great achievements were more important to this country, than those in which he showed that British strength and valour were sufficient to protect that favoured spot, Lisbon, against the world in arms. He thought it was for the interest of England, that Lisbon and the coast of Portugal

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should always be in the hands of a power with whom this country was a favoured ally; and he, therefore, entirely concurred in what had been stated by the noble earl on that subject. The insidious manner of the recent attack on Portugal, the little provocation, or rather the no provocation, given for such an aggression, must make England anxious to grant its aid, in the observance of its treaty; but, independently of treaty, he hoped it would be granted with all that cordiality and sympathy which hatred of oppression must always inspire. He had expressed his hope, that the active measures now to be adopted might be effective in preventing a war; yet he should be disguising his real sentiments, did he not state, that if we did enter into a war with Spain, it would not be with a wretched, feeble, and faithless monarch, but with a fanatic and tyrannical faction, not only militant in Spain, but dominant elsewhere—powerful, not merely from its uncontrolled sway in that country, but from its extensive influence all over the continent of Europe. It would, therefore, be, in that sense, an object to contend with of no very light nature. He now came to another question, on which he felt some delicacy, but it was most important and deserved serious consideration. He was glad to hear it stated, that the king of France had acted in conjunction with his majesty, in endeavouring to dissuade the court of Spain from the aggression on Portugal, and he felt thankful for the early opportunity the French court took of giving us intelligence of what was passing in Spain. He wished, however, that he could view the conduct of France on this subject without distrust. But being called upon to act, we should act from experience—we should act from probability—and, looking to the past and the probability of the future, he thought we should receive with great caution every thing that was done on this subject, even by that power which it had cost so much of the blood and treasure of this country to restore. Their lordships were told that the French court had sent to Spain remonstrances. Remonstrances! Of what kind? They had heard of the eloquence of the papers transmitted on this subject to the Spanish government. That eloquence might be very great; but, when he viewed the relation in which France stood towards Spain — when he saw that she might command, or to use a milder term,
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that she might ensure a ready obedience to her request, he would say that it was idle to talk of transmitting eloquent papers. It was only waste of pen and ink, when she could at a single word produce the desired effect. If France were to say, in the words of the farce, "Go call a coach, and let a coach be called," Spain must do it. Why, then, should time be spent in transmitting eloquent documents? Eloquent as such papers might be, until he saw something else done, he must take leave to doubt the sincerity of France. The professed object of the remonstrance would be to control the workings of a faction now triumphant in Spain. But how was it triumphant, and why, and by whose means? Was it not by the aid of the French army? That army was marched into Spain under similar professions of sincerity to those now made by the French court. Had not their lordships, had not the country, heard repeated assurances of the sincerity of France, before its army crossed the Pyrenees? Over and over again, the French government had assured the British cabinet of its sincerity; but the army marched, and Spain was now held in military possession by France, which at the same time affected to remonstrate against certain proceedings which it could have prevented by a single word. These remarks might, perhaps, be considered ungracious towards France, and also towards his majesty's ministers, with whom he entirely concurred in the present address; yet if he entertained some hopes that the course now proposed would be successful in preserving the integrity of Portugal, still the history of what had occurred forced him to believe, that a timely exercise of half the spirit now evinced, would have prevented the faction in Spain from being triumphant, and France from being now in military possession of that country. It might not be gracious to travel back to what was done in Europe formerly. He would admit that the question for their consideration was, what should be done for the protection of our ally; and what for ourselves? He would not, therefore, travel back to former periods, though many topics connected with what had taken place presented themselves to his mind. He would only add, that he would prefer fighting in Spain for the existence of Portugal, to fighting in Portugal for the existence of Ireland, or to fighting in Ireland for the authority of England. He

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thought that when the question of Ireland was before their lordships on a former occasion, they might have so decided upon it, as not to leave it to a period when it might be said to be forced from them from other considerations than an admission of its justice. It was not, he trusted, yet too late, and as he expected that we should be successful in rescuing our ally from all further danger, he confidently hoped that we should seize the serene moment, and do that justice to Ireland which her case so urgently required.
The Duke of Wellingtonsaid, he did not rise to offer any explanation why the British government had not at an earlier period taken the course now proposed; for that he felt to be altogether unnecessary. On the contrary, it was earnestly desired to put off to the latest moment at which negotiation could be available, that which their lordships had heard this day proposed. On this part of the question it was not necessary for him to dwell, but he hoped it would be permitted to him, who had had for several years the direction of the resources of this country against the common enemy in the Peninsula, to state his opinion, that the perfidious acts of aggression on Portugal ought rather to be attributed to the servants of the Spanish government, than to that government itself. They ought, in his opinion, to be looked upon as the acts of the captains-general of provinces, and even of the ministers of the king of Spain, than as ordered or advised by his Catholic majesty. But to whomsoever they might be attributed, he fully concurred in the measures intended to repress them. It was impossible for him to see two armies on both sides of the Douro and the Guadiana making preparations for invasion, and actually violating the territory of Portugal, and not believe that those armaments were brought together with the connivance and concurrence of the authorities of the countries in which they were formed. Their aggressions, he thought, made out a casus fœederis, and that would afford a sufficient justification of our interference; but though the casus fœderis existed, he did hope that the steps which we had taken would have the desired effect. He trusted that the exertions of his majesty, aided by those of his most Christian majesty, would have the effect of bringing the king of Spain to that sense of what was due to himself and his own dignity,
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which would prevent him from allowing any aggression on the territories of his neighbour, and our near ally.
The Marquis of Lansdownsaid, he rose for the purpose of expressing his opinion, that it was most desirable for the interests of this country, and, he would add, for the interests of the whole world, that the measures proposed to be adopted by his majesty should have the cordial and unanimous approbation of their lordships. He was the more anxious to deliver his opinion, because he wished it to be understood, that it was not from indifference, that he had not addressed their lordships at an earlier period. When it had become notorious by the promulgation of the despatch which had been alluded to by the noble earl, that the territory of our ancient ally had been invaded, under circumstances which obviously showed that it had been done with the participation of Spain, he could assure their lordships, that it had not been until after the most anxious deliberation, that he had resolved to abstain from asking for such an explanation from his majesty's ministers as this most unwarrantable aggression seemed to call for. The resolution to which he had come was founded on a belief, which the proceedings of this day justified, that there would not be wanting on the part of the government, either a disposition to watch, or an inclination to act. He agreed with the noble duke, that it was a fair cause of commendation to his majesty's ministers that they had endeavoured to avert the calamities of war, as long as they could do so with any hope of success. He had no doubt that they would persevere with earnestness in the same spirit to check the progress of the invasion which had actually taken place, and which, under the circumstances described by the noble duke, left no doubt that Spain was involved in the design, that had prompted that invasion. He would not inquire whether it had been actually committed by the authority of the monarch, who appeared to profess one thing while he did another, or by means of that faction to which the noble duke had alluded: for this was clear, that it ought to be stopped at once, with as little hesitation by his majesty's ministers, as, he trusted, this House would display in expressing their approbation of the measures the government should adopt. Any apparent hesitation on our part,

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would have been the worst policy that could have been adopted—the worst policy, not only towards the government of that country which appeared to have been the aggressor, but, he would add, the worst policy towards that other country, which, he was glad to learn, was combined with us in the design of preventing the further progress of the outrage which had been committed on our ally. He was sure, however, that the interference of the latter government for that purpose would not be less effectually made, nor less sincerely urged, when they should be convinced that it was the determination of this country to support by arms the just and sound principles of policy on which our treaties had been made. It might also be expedient to suggest to that country, if the necessity should arise, that it was consistent with common sense and common justice to adopt measures which should, for the future, compel Spain, at her peril, to respect the rights, and to refrain from attacking the independence of her neighbour. He had no doubt that the casus fœederis had arisen, and that upon the faith of treaties his majesty's government were compelled to adopt the measures which they had entered upon; but he would go further, and say, that upon principles of policy alone, this country ought to interfere for the defence of Portugal—not merely for the purpose of checking the attack which was now made on it, but also for the purpose of arresting at this point that attempt at interfering with the independence of nations, which, if permitted by a monarch so feeble as that by whom it was now made, could not fail to lead to courses ruinous to the interests and institutions of every free country. For these reasons, he repeated, it had become the duty of this country to resist the present outrage of Spain on Portugal—not less for the protection of her own interests, than for that of the rights and interests of all nations. He was prepared, then, to say, that the circumstances required the government of this country to use, as they had resolved to do, the military resources of the country, even if they had not been bound to do so by the faith of treaties entered into long ago, and repeatedly and solemnly renewed. He was convinced that it was incumbent on the government to take and pursue a decisive course; and feeling this, it was impossible for him to refrain from
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expressing his approbation of the measures which had been adopted, and of the address which had been moved. He trusted there was no reason to doubt that every effort had been made to warn Spain of the danger of the course she was pursuing. He joined in the hope expressed by the noble duke; but he confessed it was rather a hope than a belief, that the aggression which was the cause of this discussion had emanated, not from the monarch and the government of Spain, but from a faction which was unhappily too powerful in that country. But, whether it emanated from that monarch, or from persons who unfortunately were able to govern the resources of the country, it mattered not; the principle was odious, and must be resisted; and, therefore, unless the progress of the outrage should be immediately arrested, and no danger existed of further encroachment, he had no difficulty in expressing a hope that the measures of the government would have the cordial support of both Houses of parliament. For his own part, he was prepared to vote for the Address, and to pledge his support hereafter to any measures which might be necessary to give effect to the policy on which this country had hitherto acted, and was bound still to act.
The Address was agreed to, nem. diss.