The Marquess of Londonderryrose, in pursuance of notice, to move for papers concerning our relations with Spain and Portugal, and the imprisonment of Sir John 589 Campbell, a British subject, in the dungeons of Lisbon. No one was more sensible than he was of his inadequacy to bring this subject properly forward; but, considering its importance (as it had not been taken up by any other noble Lord), he was extremely anxious to place it in a correct light before their Lordships for their opinion. The relations between this country and the Peninsula formed a grave subject for consideration, which had ever excited the deepest interest in this country. He was sorry to say, however, that since his Majesty's present Ministers had been placed at the head of the Government, a system of policy, not only with respect to those, but to other countries, had been pursued, so different from that which had formerly prevailed, and which had then been productive of great benefits, that he must refuse to the policy of his Majesty's present Ministers his approbation. For what reason the antient policy of this country had been departed from, or in favour of what new and more improved policy, he knew not, unless, indeed, it were in favour of that alliance with France, which had been so unnecessarily, in his opinion, contracted, and which it seemed to have been the direct aim of all the acts of the noble Earl's Government latterly, to make more and more binding. He was not an advocate for a state of hostility between nations; but there was between France and England such a natural rivalry, that it was impossible they could long remain friends; and any policy founded on the principle that they could, must be unsafe. What Was there, he would like to know, in the state of Europe, or the conduct of France, with reference to the different Powers of Europe, to justify the noble Earl, even to himself, in thus abandoning old and tried principles, for an alliance with that country? Was not the present unsatisfactory condition of Holland the work of France? And what was the state of Belgium? We had, to be sure, placed a king on the Throne of Belgium; but was that country anything but a province of France? The noble Marquess then referred to the conduct of France in keeping possession of Algiers, with the view of colonizing Africa, contrary to all the pledges and promises of French Ministers. When he saw these acts, and several others, all tending to increase the power and influence of France,—when he saw Holland insulted, Austria abandoned, Russia regarded as a hostile power, with which at the same time we dared not inter- 590 fere, it could surprise no one, that he should feel anxious to know upon what grounds of policy the noble Earl thought fit to contract and maintain so strict an alliance with the French Government, preferring that to all other considerations. France had been successful at our Court by having her interests represented in this country by the most wily politician in Europe, as the modern history of Europe would amply testify. The noble Earl, he knew, might answer that his foreign policy had been successful in maintaining the peace of this country. To that plea, he (the Marquess of Londonderry) should be disposed to answer, that peace might always be purchased, provided the sacrifice offered were sufficiently great. He feared, however, that Ministers had been overreached by the wily politician he had just alluded to. A treaty, it was understood, had recently been entered into between England, France, Spain, and Portugal, relative to the affairs of the Peninsula, on which, though it had not been officially communicated, yet, as it had been pretty generally published throughout the world, he might, without impropriety, make some observations. That treaty was intended, he understood, to banish Don Carlos and Don Miguel from the Peninsula, which would be the coup de main of Talleyrand's political life. He must deplore the short-sightedness of Ministers, and the want of firmness and sagacity, which permitted them to be moved at plea sure like the puppets of this skilful diplomatist's will. His Majesty, in his Speech at the commencement of the Session, had said—"Upon the death of the late king of Spain I did not hesitate to recognize the succession of his infant daughter; and I shall watch with the greatest solicitude the progress of events which may affect a government, the peaceable settlement of which is of the first importance to this country, as well as to the general tranquillity of Europe." Such were the words of his Majesty. But had any steps been taken for the peaceable settlement of that country? On the contrary, the course of policy that had been pursued seemed only to encourage civil war. The noble Earl, he apprehended, would scarcely pretend, that even neutrality had been preserved. In the civil war in Spain, and in the contest in Portugal, the policy of this country had been throughout to uphold the party most inimical to British interests. Could the noble Earl say, that neutrality had 591 been maintained in Portugal, when a Spanish force had been allowed to cross the frontiers to favour the partisans and succour the cause of Donna Maria? Now, he would ask, had this been done with the assent of the British Government? If so, where was the consistency of the noble Earl, and of those noble Lords opposite, who were members of the Government when Mr. Canning sent a British force to Portugal to repress the aggression of Spain? When he looked at the speech made by the noble Earl upon that occasion, and at the speeches of other noble Lords near him, he could never believe, that the Administration of which the noble Earl was the head had entered into such a treaty as he had seen described. Had this aggression of Spain, and five or six other equally notorious violations of neutrality been permitted to pass without remonstrance from the British Government, or without steps being taken to prevent their repetition? He should like to know how the noble Lords opposite could reconcile the aggressions they were now advocating with their former conduct. In June 1827, on the occasion of a Message being brought down to this House from the Throne, relative to Portugal, the noble Earl at the head of the Government spoke as follows:—'I think the independence of Portugal a great object; but I do hope, that in pursuing that object, we shall not suffer ourselves to be led into the support of a principle which can never be acted upon without detriment to this country. With the constitution of Portugal we have nothing to do. It was not our work,—it was not recommended by us. Whether it be good or bad,—whether it be more or less consonant to the interests of the people,—whether it be more or less accordant to their desires or dispositions,—whether the party opposing or supporting it be right or wrong,—whether Don Pedro, having made his election of the Crown of Brazil, and having resigned the Crown of Portugal, had a right to send a constitution to Portugal and enforce obedience to it,—all these are questions with which we have nothing to do; they are questions for the Portuguese themselves to decide; and any interference with them, on our part, would be a violation of those national rights, and that national independence which it is our duty on all occasions to support.*' On a previous occasion when
* Hansard (new series) xvii. 1167.592 a further Message relative to the same subject had been sent down to their Lordships, the noble Baron (Lord Holland) said,—'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, 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.*' The present conduct, then, of those noble Lords seemed to him unaccountable. He wished the noble Earl would inform him what course it was intended by his Majesty's Government to pursue with regard to Spain and Portugal. While the noble Earl, however, was permitting all manner of unwarrantable things to be done in favour of Don Pedro, British subjects were treated by him with every possible cruelty and oppression. The conduct of that prince in this respect, was the chief cause why he was desirous of calling the attention of the House to the Motion he had that evening to make. He was most anxious to bring the condition of Sir John Campbell, a gallant British officer, who was at present languishing in a dungeon, in Lisbon, under their Lordships' consideration, and obtain their interference in his favour. Sir John Campbell had served in the army of Don Miguel, but, after he had left that service, he had unhappily fallen into the hands of Don Pedro, and had been most cruelly treated. To this part of the subject of his Motion, he wished more particularly to attract the attention of their Lordships, at the same time, he would not make many observations on it; neither would he have introduced it at all, or at least he would not have pressed it so strongly, if it had not been for the cruelty exercised towards Sir John Campbell by Don Pedro. But, under all the circumstances, he could not suffer himself to remain silent on this occasion, and he should, therefore, bring the situation of Sir John Campbell under their Lordships' attention. Sir John Campbell had thought proper to enter into the service of Don Miguel, which, however, he soon after quitted. From the time that he left the army of* Hansard (new series) xvi: p. 346.593 Don Miguel, as appeared from a document signed with his own name, he had never filled any situation whatever, under that individual's Government. He left the service of Don Miguel, and was proceeding to this country, when the vessel in which he sailed was captured by a schooner off Figueiras, and he was made prisoner. That event occurred eight months ago, and he had been ever since a close prisoner, though he demanded his liberation as a British subject. He was treated with all the severity and indignity possible, and yet, when he was thus seized, he held no rank whatever in Don Miguel's service. It was said, that papers addressed by Viscount Santarem to individuals in this country were found in his possession, but it did not appear that he was at all aware of the nature of those communications. He had, however, in consequence, now suffered eight months' confinement in a dungeon—eight months' solitary confinement, for a charge without foundation. He believed, that the opinion of the King's Advocate had been demanded as to whether there was a proper ground for demanding the liberation of Sir John Campbell as a British subject, and that the answer had been unfavourable. That opinion might, however, have been founded on ex-pârte or garbled statements, and, in fact, he thought the case in favour of Sir John Campbell spoke for itself. He knew Sir John Campbell in 1808 and 1809, and he knew him to be an officer who greatly distinguished himself. A noble Marquess (the Marquess of Anglesey), one of the first cavalry officers in the service, would, he was sure, whatever difference there might be in their political feelings, bear testimony to the merits of Sir John Campbell. He hoped, therefore, that under all the circumstances, some steps would be taken to restore to his country, to his friends, and to the army, an officer who had so much distinguished himself. He, however, was not the only British subject now suffering in Lisbon. He believed, that at the present moment many British subjects might be seen in Lisbon loaded with chains. What was the answer given to those individuals who demanded the pay which they had dearly earned, and to which they were fairly entitled? The answer was—chains. The noble Marquess concluded by moving an Address to his Majesty, praying, "That there should be laid before the House copies or extracts of all correspondence between his Majesty's Secretary of State for 594 Foreign Affairs and the Portuguese Ambassador, relating to the capture and imprisonment in the castle of St. Julian, of Sir John Campbell, a British subject, and late an officer in the British army."
§ Earl Greysaid, the object of the noble Earl (so Earl Grey always styles the Marquess of Londonderry, who is Earl Vane in the British peerage) was so clear, that it could not be mistaken for a moment. He had no hesitation in saying, that his intention was, to make a general attack upon the foreign policy pursued by Ministers. The noble Earl had greatly changed the general notice which he had given on a former occasion, which was, that he would ask certain questions relative to our relations with Spain and Portugal, and as to the general state of the Peninsula. He had not, then, referred to any particular treaty, as in the course of his speech the noble Earl had done; neither had he declared, that, in the end, he would confine his call for documents to the case of Sir John Campbell. Indeed, until he found entered on their Lordships' minutes the terms of the Motion for the production of papers, he was ignorant of the noble Earl's intention; and he was even then at a loss, for the Motion did not state what the papers were which the noble Earl intended to call for, and he (Earl Grey) had no time to examine documents for the purpose of selecting such as the noble Earl might wish to have produced. He believed, however, it was usual, when Motions of this kind were about to be made, to communicate beforehand to his Majesty's Ministers the papers which it was intended to call for, in order that they might consider whether it was or was not proper that they should be laid on the Table. Under these circumstances, (though there were many topics in the noble Earl's speech on which he must touch before he sat down), he would, in the first instance say, that he was not prepared to declare, whether the communications which the noble Earl wished to be produced were of such a confidential nature as that they could, with propriety, be laid before the House. He would, however, make the necessary inquiry, and such as could without objection be produced, he would, with his Majesty's approbation, lay before their Lordships. It did appear to him, however, that the direct, and almost the only object of the noble Earl, was to attack his Majesty's Government; for he had arraigned generally the whole foreign policy adopted 595 by Ministers; he accused them of having abandoned a system of which the noble Earl and his friends approved, and he charged them with having cultivated a close alliance with France, at the expense of the best interest and the natural feelings of this country. The charge was so wide, so vague, it had so little specific in it, that he could only answer by saying, that Ministers had not abandoned any system of policy which it was beneficial to the interests of this country for them to follow. They had certainly felt it necessary to enter into a close connexion with France, but certainly hot at the expense of the interests of this country; for they were satisfied, that an honourable connexion with France was the best means of preserving the general peace, and, consequently, of promoting the prosperity and security of this country, and of Europe. But the noble Earl had said, that Ministers had been overreached or overmatched by an individual whom he had been pleased to denominate a wily politician. It was not his duty to enter into a discussion of the conduct of the individual alluded to; but he must say, that he did not think it good taste, he did not think it necessary, he did not think it useful, to introduce into the discussions of that House observations on the history or on the peculiar characters of the ministers of other countries. He must, however, state, with respect to the individual to whom the noble Earl had thus particularly alluded, that in all the dealings which his Majesty's Ministers had had with him they were perfectly satisfied with his candour, with his perfect fairness, with the purity of his intentions; such was their impression with reference to all the negotiations with which that individual had been connected. As to his knowledge and ability, they had been amply proved through a long political life. It was not for him, however, to speak of the many transactions in which that individual had taken part. He had only to speak of him as he knew of him, and he could truly say, that he found him precisely as he had already described him,—a person acting, as he had before stated, with the greatest candour, and he thought, with views and feelings most conducive to the interests of the Government which he represented, and, at the same time, most anxious for the general interests of Europe, by preserving a general peace. With these views, he thought it was the duty of Ministers to maintain and to support that connexion, the propriety of which the noble 596 Earl had arraigned. Further than that he would hot go. He would not enter into the consideration of the general state of Europe—he would not advert to the situation of Turkey, of Belgium, of the Peninsula; but if the noble Earl would bring forward those charges which he thought himself entitled to make against his Majesty's Ministers—if the noble Earl Would introduce those charges on specific and tangible grounds—he should be ready to answer the noble Earl in detail, and to defend that course of policy which even the noble Earl admitted, had, at least, been successful in maintaining peace. The noble Earl had adverted to a treaty which had been published recently, though not officially. It was a matter of notoriety that such was the fact; but to enter into a discussion on that treaty now would surely be improper. When the arrangements connected with that treaty were Concluded—when it was formally laid before the House—then, whatever objections the noble Earl might think fit to make to it, he should be ready to meet and answer them as Well as he could. The noble Earl had alluded to the present state of the Peninsula, and to the consequences which had ensued from the acknowledgment of Donna Maria; but the noble Earl ought to recollect that Donna Maria had been acknowledged by his Majesty's Government long before the present Ministers came into power. His Majesty's Government had, in like manner, acknowledged the Government of Spain—the acting Government of Spain—by whom Donna Isabella had been acknowledged. But the noble Earl argued, that in taking this course Ministers had done much to promote civil war. Now, he would ask, what would have been the case if this Government had not acknowledged Donna Isabella? Did the noble Earl believe, that Don Carlos would thereby have been discouraged from attempting to acquire the Crown? Did the noble Earl suppose, that whatever pretensions the other party entertained, they would have been induced to give them up in consequence of this non-recognition? Such an impression, if it existed, was, in his opinion, an erroneous one. It did appear to him, that one of the best steps—nay, the very best step that could be taken, under the circumstances, was precisely that which Ministers had taken, in advising his Majesty immediately to recognize the right of succession in the person of Donna Isabella—the right of succession established ac- 597 cording to the old law of the Spanish monarchy. He had thus stated his opinion, looking to the general points to which the noble Earl had adverted, but waiting, nevertheless, for that opportunity, if the noble Earl should be pleased to avail himself of it when the treaty should be laid before the House (as it would be in a short time), when he should be enabled to meet in detail any objections which the noble Earl might advance against it. He now, therefore, came to the case of Sir John Campbell, on which the noble Earl had laid so much stress. The noble Earl had observed, that he brought forward the other topics to which he had adverted, as a necessary introduction to Sir John Campbell's case. Why such remarks should be made as a necessary introduction to that case he certainly could not understand. On that case, however, he was prepared to give such an answer as he hoped would prove satisfactory even to the noble Earl himself. Before he went further, he wished to make an observation on what the noble Earl had said with respect to communications formerly received from Sir John Campbell, which had given offence to the Government. The noble Earl seemed to harbour a suspicion, that, in consequence of these communications, the Government of this country had, in some degree, become unfriendly to Sir John Campbell. Now, he hoped in any intercourse which he might have had, public or private, with the noble Earl, that he had not seen in his conduct anything that could induce the noble Earl to believe, that he would abstain from doing, to any and every British subject, that which he was bound to do on grounds of public justice, because there happened to be a difference on account of political feeling. Well, what was the statement of the case? Sir John Campbell had been in the Portuguese service, and it appeared, as the noble Earl stated, had been actively employed against Don Pedro. He had filled very prominent situations on several occasions. Every one believed him to be an active agent of Don Miguel up to the time when he was taken, as no information had ever transpired, that he had quitted Don Miguel's service. He was taken endeavouring to break through the blockade of Figueiras, and on him were found despatches from Viscount Santarem, Don Miguel's Minister for Foreign Affairs. He was in consequence seized and kept a prisoner. A statement of the case was made to Lord William Russell; Sir John 598 Campbell's liberation having been claimed on the ground that he was a British subject. Lord William Russell applied in consequence for instructions from his Majesty's Government. On the 20th of September Lord William Russell's despatch was received, and on the 25th of September an answer was returned, directing that ail inquiry should be instituted into certain charges that had been made against Sir John Campbell, not only as having exerted himself against the Portuguese Government, but as having personally offended the Regent; and every step was taken to ascertain whether this Government had, according to the law of nations, a right to claim Sir John Campbell as a British subject. The noble Earl might recollect that he (Earl Grey) had been asked what was his opinion as to the situation of British officers who might choose to serve under Don Miguel, and he had answered, that they subjected themselves to all the contingences of that service, and that they had no claim on the British Government; adding, at the same time, that the Government would, of course, endeavour to mitigate the sufferings of such persons. When the necessary inquiries had been made (and that was done as soon as it could be effected with propriety), the whole case was submitted to the King's Advocate for his opinion on the 23rd of October, and on the 25th of October the answer to that reference was received. The noble Earl had insinuated, that an unfair or garbled case had perhaps been laid before the King's Advocate. The contrary was the case. All the facts of every description were laid before him, and on those facts his opinion was founded. The noble Earl here read the opinion of the King's Advocate, which, after adverting to the fact, that Sir John Campbell had been a strenuous partisan of Don Miguel,—to his having quitted that service and proceeded to England,—and to his ultimate capture,—set forth, "That the Portuguese authorities discovered that he was the bearer of despatches from Viscount Santarem, the Minister of Don Miguel, and were, therefore, perfectly justifiable, considering him still to be in the service of the enemy, in making him, as such, a prisoner of war. Under these circumstances, he was of opinion, that Sir John Campbell was not entitled to claim the protection of his Majesty's Government." That was the opinion of the King's Advocate; and, after that opinion, it was impossible for his Majesty's Government to demand the release 599 of Sir John Campbell on the ground of his being a British subject. That did not, however, prevent representations from being made by the British Government, desiring the release of Sir John Campbell. On the 12th of December, an application on this subject was made by Lord William Russell to the Portuguese Government, the answer to which was,—"Sir J. Campbell is known to us as one of our most active enemies. It never was known to us, that he had abandoned the service of Don Miguel. He fell into our hands when leaving a blockaded port, charged with despatches from Viscount Santarem. It would consequently be unjust to others for us, under these circumstances, to give him up; because, if the fortune of war should place any of our officers in the hands of the enemy, we should be able to exchange him for some of them." Application was next made to let him go abroad on his parole, but was refused by the Portuguese Government. This was the very last communication which had been made upon the subject; and he (Earl Grey) fearlessly appealed to their Lordships' judgment, whether or not it were possible for the Government to claim, as a matter of right, the release of Sir John Campbell, or indeed whether the Government could have done more than had been done in the affair. He had even authority to state, that Sir John Campbell had conveyed, by his brother-in-law, to Lord William Russell, not only his thanks for what had been effected in his behalf, but had also expressed his conviction, that nothing more could be done. He thought he had now shown, that there existed no ground for stating, that his Majesty's Government had neglected the just claims of British subjects in Portugal, or that in any degree those claims had passed unnoticed. The noble Earl had also made a general charge of extreme cruelty on the part of Don Pedro towards the subjects of this realm in his service, many of whom were to be seen in chains. He (Earl Grey) had heard a rumour, that such an allegation would be made, and in consequence he had made inquiries from Lord William Russell, who was at present in this country, upon the subject. Before this, however, the Government had never heard anything of the kind stated by the noble Earl; and, certainly, the result of his inquiry did not bear out the noble Earl's statement. At the same time, he must observe, that when British subjects entered into the service of Don Pedro, or that of 600 any other foreign power, they became liable to punishment for military offences of which they might be guilty; and that, certainly, would not be a case in which the Government of their native country could, or ought, to interfere. But Lord William Russell had stated, in answer to the inquiries made from him on this subject, that he had been every day in the streets of Lisbon, and never saw a British subject in chains. Colonel Hare had stated, also, that he had only once seen a man in chains, for some very heavy and serious offence; but, with that single exception, though he had every opportunity of observation, he had never seen or heard of anything of the description stated by the noble Earl. Allusion had also been made to the circumstance of many men from the regiment commanded by Colonel Shaw (an officer well known to many of their Lordships, but who, though distinguished for his services in the Peninsula, might be personally unknown to the noble Duke opposite—(the Duke of Wellington) being confined in prison. On a complaint of this character having been made to Lord William Russell, his Lordship wrote to Colonel Shaw to be informed under what circumstances the men so incarcerated were confined. Colonel Shaw returned an answer, enclosing a list of the names and descriptions of the men in confinement, and the grounds and causes which had led to their imprisonment. With a few of these details he should trouble their Lordships, as they furnished in themselves a complete answer to this ground of complaint against his Majesty's Government. As a specimen of the whole, he would call their attention to the following entries:—"William Erskine, committed the 28th of December, for mutinous and riotous conduct in the night. Another individual committed for housebreaking; another for being drunk on duty after having been once expelled the regiment, but in mercy taken back; and lastly George * * *, described in the return as a coward, a thief, the writer of letters which were the cause of all these mischiefs, formerly clerk to Mr. Hume, M. P., whom he robbed and then left. Were these cases, he must again ask, in which the Government ought to be called upon to interfere? With respect to the Motion of the noble Earl, he had no objection to the production of such documents as would not interfere with the public service. With these observations, he threw himself upon the consideration of their Lordships, reserving to himself, as he 601 had already stated, the right to enter into the more general discussion of the subject partially introduced on a more convenient occasion.
§ The Duke of Wellingtonsaid, that he would trouble their Lordships with a very few observations on the Motion of his noble friend. He believed, that there was not a more respectable and excellent Gentleman than the gallant officer to whom so much allusion had that night been made; he meant Sir John Campbell. It appeared from what the noble Earl opposite stated, that the Government had taken very considerable pains in order that justice should be done to that distinguished officer. He confessed, that he had always, in considering the case of Sir John Campbell, regarded it with a considerable degree of jealousy. Sir John Campbell had been serving Don Miguel without the permission of his Majesty; he had, therefore, been guilty of a breach of the law, namely, the Foreign Enlistment Act. He repeated, that gallant officer had been guilty of an infraction of the enactments of the Foreign Enlistment Act; and he had forfeited the protection of his Majesty when in the service of a foreign country. It was on this account, that he had always considered the case of General Campbell with a considerable degree of jealousy. He did not think that an officer should continue in a foreign service without the permission of his Majesty, though he admitted, that Sir John Campbell had formerly been in the Portuguese service with the permission of his Majesty. That officer had, at one time, given up his commission, but had afterwards returned to the Portuguese service without permission, and therefore came within the Foreign Enlistment Act. He was, at the same time, extremely anxious to get this gallant officer released from the wretched state of confinement in which he was placed, though, undoubtedly, for the attainment of that object, great exertions had already been made under the direction of his Majesty's Government. He thought, from the information which had reached him, that it was a great hardship to seize this gallant officer on board a British vessel. The noble Earl said, in answer, that he was seized endeavouring to break out of a blockaded port. If, however, Sir John Campbell had not had despatches with him the Portuguese authorities would have had no right to seize him. The noble Earl stated, and he believed correctly stated, that Sir John Campbell had on his person, 602 when seized, despatches from the Secretary of State of Don Miguel; and, therefore, it might be inferred that the gallant officer was in the service of the Government by whom they were sent. If the despatches had not been found upon Sir John Campbell, he had no doubt, from what had been stated by Lord William Russell, that Sir John Campbell would have been released. He was willing to admit the legality of the detention of Sir John Campbell; but the conduct of his Majesty's Government towards a subject so detained was worthy of consideration. The King's subjects in Portugal had peculiar rights and privileges which they claimed by solemn treaties, and which they could avail themselves of if not taken in the actual commission of hostility against Portugal. Now, it appeared to him, that the gallant officer in question was entitled to claim the privileges which belonged to British subjects in Portugal, as he was not taken in the actual commission of hostilities; and he was no longer a general in the service of the hostile party. The British Government, therefore, had a right to demand that his case should be referred to the cognizance of the officer called the "Juiz Conservador," who had jurisdiction in cases in which British subjects were concerned. He believed, that there was not a case in which this privilege conferred upon his Majesty's subjects by treaty had been withheld when claimed. Notwithstanding the existence of such rights, they had not been claimed in the case of Sir John Campbell, although a degree of protection had been afforded him by the noble Earl. It appeared that, in consequence of the interference of the British Minister, Sir John Campbell, instead of being confined in the prison of St. George, had been removed to the Castle of Belem. The truth was, however, that he ought to be handed over to the custody of the Magistrate to whom he (the Duke of Wellington) had just alluded, and then to be proceeded against by the proper officer. This was the course pointed out in solemn treaties entered into between his Majesty and the Portuguese Government. He was perfectly ready to admit, that persons entering into the military service of Don Pedro or any other Power, must be under the military regulations of the country to which they went. But he wished to observe, that prisoners of war taken in these unfortunate contests had a right, as King's subjects, as well in other countries as in Portugal, to the protection of the King's Government 603 to this extent,—namely, to seeing that the laws of the country, to which they had rendered themselves amenable, were properly and fairly administered in their cases. He did not believe, that Sir John Campbell had a right to claim all the particular privileges which belonged to British subjects in Portugal not actually engaged in hostility to the Government, but he had a right to claim that his case should be brought before the proper Magistrate, and also that he should not be punished contrary to the laws of the country. The British Government should take care that Sir J. Campbell did not receive more punishment than any other person who might be taken under similar circumstances. It was his opinion, that the gallant officer had received a far greater share of punishment than would have been awarded to another person. There appeared to be something vindictive in the mode of proceeding against him, and insulting in the mode of talking of him. He was anxious to avoid entering upon the other topics to which his noble friend (Lord Londonderry) had adverted. He thought that it would have been more convenient if his noble friend had confined himself to the specific question instead of going into so many other matters. In conclusion, after what had passed, he would only observe, that he was of opinion that it would be more conducive to the interest of Sir J. Campbell, as a British officer, to leave the question to his Majesty's Government.
§ Earl Greydid not concur with the noble Duke in thinking, that Sir John Campbell had a right to claim the privilege of having his case taken before the Juiz Conservador. The only cases that could be taken before that Judge were Civil Suits. In the present case, there was a right of detention different from those which existed under the municipal law administered by the Magistrate in question. It appeared to him, that Sir John Campbell had placed himself in a situation to render it impossible to claim for him the privileges enjoyed by the King's subjects in Portugal, not engaged in hostilities against the Government.
§ Lord Wynfordwas anxious to call the attention of the noble Earl (Earl Grey) to certain facts which, perhaps, had not been alluded to by the Government in the statement of Sir John Campbell's case as submitted to the consideration of the King's Advocate. He entertained the highest opinion of the abilities of that learned Gentleman, and was satisfied, that he would not give 604 an erroneous opinion if a proper statement of the case were submitted to his judgment. His noble friend (the Duke of Wellington) had fallen into an error, when he supposed that Sir John Campbell had been guilty of an infringement of the enactments of the Foreign Enlistment Act. In the first place, however, he must express his surprise, that the learned King's Advocate had said that, under all the circumstances of the case, Sir John Campbell was not entitled to claim the protection of the British Government. This opinion would depend, to a great extent, on the manner in which the case had been submitted to him. Many of the facts might have been omitted.
§ Earl Greyhad only to observe, that all the facts in the possession of the Government had been stated to the King's Advocate.
§ Lord Wynforddid not believe, that the noble Earl was capable of wilfully concealing facts; but still all the circumstances might not have been stated to the learned Gentleman. He would not, however, dwell on that subject. Sir John Campbell went to Portugal some years ago, and became an officer in the service of Don John 6th. After the death of that Monarch, he ceased to hold a Commission, and never was after that time in the Portuguese service. He was willing to admit, that Sir John Campbell might have been an active partisan on the side of Don Miguel; but he never was enlisted as a soldier in the army of that Prince. Undoubtedly he bore arms in the contest that had been for some time carried on in Portugal, but he had not been a regular soldier. During the period that Sir John Campbell had been so engaged, he (Lord Wynford) knew some thousands of British subjects were engaged on one side or the other. The conduct of Sir John Campbell had been very different from the rest of the persons who took the same side in the Portuguese question as himself; for the moment he heard that a British Minister had been sent out to acknowledge Donna Maria as Queen of Portugal, he left the army of Don Miguel. This was the statement made by Sir John Campbell himself, as the noble Earl knew; and he was sure that no one could contradict it. The moment the Queen of Portugal was acknowledged, he determined to return to England, and he took the shortest course that he could for that purpose. He placed himself under the protection of the only British officer that there was at the 605 time at Figueiras, namely, the Vice-Consul. From this officer, Sir John Campbell received a passport, and he went on board a British ship for the purpose of being conveyed to this country. At the time this vessel sailed, there was no blockade, and immediately the vessel got out of port they were on the high seas, and under the protection of the British flag. When some miles from shore, the English ship was stopped by one of Don Pedro's cruisers. Now, he wished particularly to know whether this point had been referred to the attention of the King's Advocate? The British flag was flying in this ship at the time, and she was just as much under the protection of the British Government on the coast of Portugal, as she could have been on the coast of Cornwall. The ship, as he said before, was ordered to stop, was boarded, and Sir John Campbell was taken out of her. The ship was not seized, but permitted to proceed, which was a proof that the Portuguese officer did not think, that he was justified in seizing her. If the facts he had just stated were true, the Portuguese Government had committed, not only an act of injustice against Sir John Campbell, but also an outrage against the British flag. The Court of King's Bench had decided, that immediately a slave came on board a British ship, his chains fell off him, his manacles burst asunder, and he became a freeman. Did not the same principle exist in the case of Sir John Campbell? That gallant officer was entitled to all the privileges of a free British subject when on board a British ship in the open seas. It might have been improper to carry despatches; but if Sir John Campbell had been guilty of an illegal act, he ought to be brought to trial for it, instead of being incarcerated in a Portuguese prison. On the same principle that the imprisonment of this gallant officer was justified, any person having a piece of paper in his pocket might have it taken from him, and he might be sent to prison. Sir John Campbell stated, that he was altogether ignorant of the nature of the dispatches that he had in his possession, and he (Lord Wynford) believed that to be the case. He denied the legality of the proceeding, and complained, that Sir John Campbell had not been treated in a proper manner for an officer of high rank in the British army. The circumstances that he had stated were perfectly true, and, for the honour of the British nation, it was necessary that some steps should be taken in the matter.
§ Earl Greyobserved, that Sir John Campbell must have been perfectly aware, that he was coming out of a blockaded port bearing despatches from Don Miguel's Secretary of State.
§ Lord WynfordWhat I stated was that the ship was not permitted to sail into port, but was permitted to return home.
§ Earl Greysaid, that it appeared, according to the general rules observed in blockades, that ships were not allowed to pass without permission, no matter whether they were coming in or going out of the port blockaded.
§ Lord Wynfordcontended, that in the present instance, the blockade was limited, and that vessels were permitted to go out.
§ Earl GreyThough the vessel was an English one, still, according to the law of nations, she was violating the blockade.
The Lord Chancellorsaid, that he understood that all the facts of the case had been placed before the King's Advocate-General, that he was of opinion that the blockade was valid, and that in the present instance, it had been violated. For his part, he could not deny, for aught he knew, that the blockade was limited. But though he had heard of many cases of blockade, this was the first one in which he had heard it contended, that a blockade might so exist as to allow vessels to enter a harbour, and, at the same time, prevent their exit. As he had already stated, however, the facts were before the King's Advocate, and that learned Gentleman was decidedly of opinion, that the vessel in question had broken the blockade. It did not matter one rush, whether the vessel was near the coast or not. She might be upon the high seas, even within three miles of Falmouth, yet were she met by a Portuguese vessel, she would be liable to capture. The Advocate-General entertained not the slightest doubt upon this point, nor did he.
§ Viscount Beresfordcould bear his testimony to the military character of Sir John Campbell, whom he knew to be one of the best officers in the King's service. The gallant officer had proved himself on several occasions, when serving in the army in Portugal, then under his (Viscount Beresford's) command. He was, therefore, deeply concerned in every thing that related to that gallant officer, and he considered that all the facts concerning him were not known. It would be a great satisfaction to him to see, that the British Government behaved kindly towards that 607 brave and meritorious officer. All that could be alleged by the Portuguese Government was, that he was a prisoner of war. Still he was a British subject, even though he had served in a foreign army, which was not proved; but, even admitting that he had, he was a British subject, and had a right to be protected by the British Government. It was the duty of the British Government to see that the punishment imposed on him was not greater than that usually inflicted under similar circumstances; and it was important to all officers, that this Government should discharge that duty. According to the present state of society, there were certain rules of war established, and a prisoner of war should be treated in conformity with them. Sir John Campbell, after he was taken prisoner of war, offered to give his parole, promising that he would instantly return to his own country. He believed there was no case on record of a refusal being given to an officer under such circumstances; and, besides, the Representative of the British Government at Lisbon offered himself as a guarantee for Sir John Campbell. He thought it incumbent on his Majesty's Government to say to that of Portugal, "You keep Sir John Campbell as a prisoner of war; be it so; keep him in your custody according to the rules of modern warfare, but shut him not up in a prison in Lisbon." God forbid, that in the practices of war, such an example as this should be followed—that an officer should be retained in prison under no sort of just pretence whatever. In fact, it clearly appeared, that the matter was a mere affair of personal vengeance. He understood from persons who knew something of the affair, that the English Vice-Consul at Figueiras, assured Sir John Campbell, that he might depart in perfect safety in the ship in question, and that the English flag would protect him from the cruisers outside the port. The Vice-Consul assured him, that the vessel was a British one, and that, under her flag, he should receive British protection.
§ The Duke of Richmondsaid, that it was but fair to the Vice-Consul to state, that when he had made that statement, he was ignorant that Sir John Campbell was the bearer of despatches. Those despatches proved, that he was still in the service of Don Miguel, and, in consequence, his detention was ordered. He must also remark, that a great deal of difference was, in most cases, made in the treatment of prisoners of 608 war, varying according to their rank, station, and more especially their importance; and it might happen that Sir John Campbell was a most active gentleman, possessed of considerable influence, and therefore it might have been thought necessary to keep him in that state of seclusion and strict confinement, which, for another person, might not have been thought advisable. He did not, however, stand up on this occasion to justify the conduct of the Portuguese Government; on the contrary, he regretted the severity which had been used towards Sir John Campbell; but it was his consolation to know, that every exertion possible had been made by the Government of this country to mitigate the severity of his confinement.
The Marquess of Londonderryreplied. He read a letter from Sir J. Campbell stating that the papers alluded to were not official despatches, but communications of a private nature, of which he was bearer to Viscount Santarem. The only thing satisfactory that resulted from the present debate was, that it was shown that the Portuguese government meant at some future day to take the matter into consideration. He would limit the Address to the papers which the noble Earl stated he would give him, reserving to himself the right upon a future occasion to move for the remainder of the papers, if those granted by the noble Earl should not answer his purpose.
§ The Motion, as amended, was agreed to.