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august brother, the emperor of lution by which they established the Brazil, and king of Portugal and strong reasons why they acknow. the Algarves, nominates me his ledged that, by right, the crown of lieutenant and regent in the last. Portugal had reverted to his august mentioned kingdoms. Having ac. person, it nevertheless appeared cepted this regency, and proposing expedient, and even necessary, and shortly to repair to Lisbon, it it was on this account decreed by has come to my knowledge from his majesty, that, besides the spe. sources worthy of credit, that some cial acts, they should draw up a of the chiefs of the Portuguese re. single resolution, comprising the fugees, who are now in the domi. whole of the several grounds there. nions of your majesty, intend in of, thus obviating the doubts (cer. the mean time to excite movements, tainly no other than specious ones) with the intention of disturbing which on this subject may be rais. public order in Portugal, which ed, or such as interest or partywould necessarily produce calami. spirit may have already suggested ; ties which will not escape the high and in order that the same, being penetration of your majesty.
generally signed by the members In this state of things, I address of which the Three Estates are myself directly to your majesty, composed, might become the sole with the confidence with which I voice of the whole nation, by ex. am inspired by the sincere and well. pounding and maintaining the fun. known desire by which your majes. damental law of the succession to ty is animated of maintaining tran the crown, with that unbiassed im. quillity in the Peninsula, in order partiality and firm resolution, suited that, weghing in your high wisdom to a people, seriously determined a matter so weighty, your majesty not to commit, and at the same time would deign to take those mea. not to allow of injustice. » sures which you shall judge the “ Wherefore, the Three Estates, most fitting, in order to make appointing a committee, composed known to the aforesaid refugees my of an equal number of the mem. most entire disapprobation of such bers of each, and members of ac. projects, which I am firmly re- knowledged talent, proved gravity solved to repress.-May God, &c. and love of their country ; this (Signed)
committee, after meeting, and again THE INFANT Don MIGUEL. conferring on a point of such great His Majesty the King of Spain. importance, at length made a re
port, on a view of which Three RESOLUTION OF THE THREE ESTATES Estates unanimously agreed as fol.
OF PORTUGAL, PASSED ON THE lows: 11th DAY OF JULY, 1828.
“If the laws of the kingdom ex. “ Although each one of the cluded Don Pedro from the succesThree Estates of the Realm, as. sion to the crown, at least from the sembled in Cortes, in compliance 15th of Nov. 1825, the Portuguese with the trust confided to all of crown, on the 10th of March, 1826, them in the opening speech, pro. incontestibly belonged to the most nounced on the 23d of June, in the high and most powerful king and current year, presented to His Ma. lord, Don Miguel the First, be. jesty an Act, containing the Reso. cause, as the two princes were call. ed thereto, one after the other, on ed with the fundamental laws of the first-born being legally ex. Portugal, could doubt their exclud. cluded, the crown, by that legal ex. ing froin the throne every foreign clusion, necessarily devolved to prince, as well as every other prince the second brother. In vain would who is politically disabled from re. it be to endeavour to seek out siding in the kingdom? And who among the claimants another prince, can doubt that Don Pedro, at least or princess, entitled to the succes. from the 15th of November, 1825, sion, after the first born had been became a foreigner, by holding and legally excluded, because, as no considering himself as the sove. other than a descendant of Don reign of a foreign state ; and that Pedro could be found, it would be he disabled himself from residing necessary to argue, in a manner in Portugal, not only by the act of repugnant to reason, and even to constituting himself sovereign of the very notion of legal terms, that that same foreign state, but also by after being excluded, he still pos. his binding himself by oath to the sessed rights to the succession; or laws thereof, which so expressly else it must be admitted, which and peremptorily forbid the same ? would equally be as great, if not a “ The recollection of the politi. more evident absurdity, that on the cal alterations and changes of Bra. 10th of March he could transmit zil is very recent; the constitutional rights which previously, according charter of Brazil is also very geneto the supposition above stated, he rally known throughout Europe, did not possess. That prince, or and any effort on the part of the princess, so empowered, as long as Three Estates to prove the exist. a minor and in the hands of foreign ence of laws and events so notori. parents, could not fail also to be ous, would be superfluous and even reputed a foreigner in Portugal; objectionable. How much more so but even if this were not supposed must this be the case with true Porto be the case, on this account, he, tuguese, who seek to spare them. or she, could not acquire rights, of selves the pain of touching these which the only person who could still bleeding wounds of their untransmit them, was already deprived happy country, or of reviving the by law.
bitter recollection of their claims " These are the great and incon. and rights, either regarded with in. testible grounds on which the Three difference, or purposely ill-requited. Estates have acknowledged their “ However foreigners, unac. legitimate king and lord in the au. quainted with the fundamental laws gust person of Miguel the First. of Portugal, and even certain na. The first-born was excluded; the tives, who, perhaps, affect to forget descendants of the first-born, sup. them, think on the subject, the posing the said exclusion legal, Three Esiates do not hesitate to al. could not therefore derive from lege and call to mind, the literal him, and much less from any other and clear resolution of the Cortes person, rights to the succession ; Lamego, couched in these precise when the laws, indisputably, in words :- Let not the kingdom that case, call the second line to come to foreigners. We do not the throne.
wish that the kingdom, at any "What person, in fact, acquaint. time, should pass over to foreign
ers.'--the sense of which is so throne ; and what motive excluded clear and distinct, that any com. her? Was it her sex ? But fementary thereon would be useless males succeed to the crown in Por. and misplaced. They also allege tugal. Was it the scruples respect. and call to mind, the petition (un. ing the marriage of Leonora ? doubtedly granted) of the Three. These scruples, as recorded in his. Estates, in 1641, and particularly of tory, did not, however, gain any the nobility, that most signal monu. ground till the Cortes of Coimbra. ment of their loyalty and zeal for Was it for entering Portugal with the country's good, as well as of an armed force? But this entry the political discretion of our an. with an armed force was already cestors. And it ought further to be provoked by resistance. The cause, observed, that it is not to be infer. consequently, clearly rested on her red from the aforesaid petition, that being a foreigner; and this was there was any doubt respecting the the ground of objection. This was decision of the Cortes of Lamego, the case, notwithstanding the public in this respect; previously, the records of those times do not dwell same decision continually served as on this point. It was, in fact, the an argument to repel the preten. repugnancy and resistance of the sions of the Castilians, and as such people. They knew the Portu. is deduced in the fifth clause of the guese laws; and the meaning of famous resolution passed in Cortes, natural king,' that is, one who was in the said year. In that petition born and lives among those over no innovation was sought regard. whom he rules, had its just value ing the exclusion of foreigners ; it in the opinion of those true lovers was rather endeavoured to repeat of their country. Their generosity and strengthen the law; and re. rejected with horror the danger of move all doubts, even the slightest, foreign dominion, and the mechan. from interested parties, respecting ics of Lisbon and Santarem, as de. the legislation known, and hitherto scribed by the only chronicler of followed, even in the case of there that age, evinced more honourable being on the frontiers a formidable feeling and judgment in their reso. army, and, by terror, attempting to lutions, than some of the presump. compel the arrest of pusillanimous tive wise men of the nineteenth judges..
century. “The same rule was most as. “But, they tell us, that Count de suredly observed, as seen from the Boulogne was estranged to Portuplain narrative of those memorable gal, and yet reigned in Portugal. events, in the controversy that was The Count de Boulogne, however, raised through the death of king did not reign by right of succes. Ferdinand, when Donna Beatrix, sion; he reigned extraordinarily by who found herself in similar cir. election. The leaders of this king. cumstances to Don Pedro, experi. dom purposely went to France to enced, as regards the royal succes. fetch him--the pope's · authority sion, the same repulse. Donna strengthened the choice, and by im. Beatrix was born in Portugal; she mediately proceeding to Portugal was the first-born and only daugh. he recovered his right of birth. He ter of the presiding monarch, and, did not take the title of king until nevertheless, excluded from the after, as it were bv dispensation, he had been specially empowered by state, the kingdom is thus delivered the Estates. It was, besides, a very up to viceroys and lieutenants ; its remarkable circumstance, that there advantages overlooked, and those was not at the time in the kingdom of the people, in a great measure, any other person belonging to the sacrificed to persons who may be royal family, as the Infanta D. Fer appointed to reside among them ; nando was married in Castile, and when, on the one hand, we should the Infanta D. Leonora married in have discontent and its sad and a country still more remote, in such ruinous effects, and on the other, manner that the laws were not vio. suspicion, caution, and oppression, lated in the case of the Count de which soon would degenerate into Boulogne ; but in him an extraor- tyranny. dinary remedy was rather gought “The laws, therefore, held the for the most urgent wants of the want of birth, as well as the impos. kingdom ; the spirit of the laws and sibility of residing within the king. the national usages being at the dom, as sufficient grounds for ex. same time followed with all possible clusion from the throne Alonzo scrupulosity.
III. did not govern Portugal from “So great and obvious are the Boulogne; nor did the Portuguese, objections to, or rather the injuries his contemporaries, ever even dream of a foreign king, whether he be that it would be possible to recon. such from birth or choice, that it cile the government of Portugal could not escape the wisdom of our with perpetual absence, a morally legislators, as well as the instinct, invincible difficulty. It is, indeed, if the expression may be allowed, true that this political monstrosity of the whole nation--whence arose took place with the intrusion of the the circumstance that discreet and kings of Castile ; but the absence express laws are not wanting to of the kings of Castile does not us, to guard against such contin. prove more against the Portuguese gencies ; nor could the opinion and laws of residence, than the want of resolution of the people fail, in all birth against the laws for the excases, to correspond to these laws. clusion of foreigners. It ought, In truth, the king being a foreigner however, to be observed, not only by birth, even when by ascending that as soon as the oppressive yoke the throne he should become a citi. was broken by the courage of our zen, the ties of blood nevertheless ancestors, the law was not only would be wanting, and with the immediately repealed in the Cortes necessarily would be lost those of of 1641, which allowed of non-re. reciprocal confidence and love ; a sidents ; but the nobles of the perfect knowledge of the inclina. kingdom, even in their second act tions, habits, and real interests of of the Cortes of Thomar, had also the people would also be wanting, the courage to petition that the king and thereby one of the most impor. should reside among us, the most tant means of governing them, with he possibly could, to which Philip justice and success, lost. If the found himself compelled to answer king, notwithstanding his having in the following words— I will en. been born within the kingdom, deavour to satisfy you.' And how should have absented himself, or much more must not the Portuguese taken up his residence in a different be persuaded of the necessity of
the residence of the king, whether the said laws themselves had so reigning de facto or de jure, within justly excluded the first. the kingdom, when neither negoti. “ It did not escape the Three ations nor terror stopped the mouths Estates of the realm, that the ex. of the nobility, or prevented them clusion of Dom Pedro had still ano. in 1591 from presenting a petition ther very important ground, viz.of this kind ; nor did the king, that the letters patent, above-men. powerful and self-willed as he was, tioned, granted the petition of the venture to return a less suitable Cortes, and enacted, that the old. answer.
est of the male children, when the “ The law, thus clear and thus king possessed two distinct sove. cautious against all dangers, whe. reignties, should succeed to the ther of foreign dominion, or great largest, and that the smaller should inconvenience in the internal go. fall to the lot of the second.' It is vernment; the national opinion, undeniable that the last king, on declared at various periods, and ac. Brazil being raised to the rank of cording to the various events in a kingdom, possessed two distinct our history; as well as the due sovereignties, although not sepa. reasons for both provisions, conse. rate ones, and that, on being sepa. quently exclude from the right of rated by the law of November, succession to the crown of Portu. 1825, he possessed them precisely gal, the actual first-born of the within the conditions which the said distinguished house of Braganza, letters patent provide for and con. and in his person, as in law ob. sider them. To pretend, that, in viously acknowledged, necessarily order to apply to the case in point, all his descendants. A foreigner, the last king ought to have possess. through choice and preference of ed them separate, for some time, by his own—a foreigner by treaties- right of inheritance, and in no the Cortes and laws of Lisbon ex. other manner, is a manifest incon. clude him, in accordance with sistency, and straining the letter of those of Lamego. Deprived of the law to the evident deterioration present, future, and, morally speak of its spirit-unworthy of a cause ing, all possible residence within which ought to be treated with can. the kingdom, he was in like man. dour and gravity. To pretend that ner excluded by the letters patent the petition of the people, bearing of 1642. And it was necessary that the grant and sanction of the legiti. the exclusion should commence at mate sovereign, does not constitute the very point where its essential a true law, is either a tergiversa. causes and grounds began to ope. tion, to which the weak only recur, rate, if the plea of his being a fo. or it amounts to a total ignorance reigner, and the moral impossibili. of what our laws, made in Cortes, ty of his residence were anterior, substantially are. Hence is it, that as in fact they were, to the 10th of the people at that time petitioned March, 1826, when death snatched that the intrinsic form of the other from Portugal a revered monarch, laws should be given to this one, the laws, together with all the Por. and with them that it should be in. tuguese who respect and love them, corporated in the National Code ; award to the second son the suc. but when they so petitioned they did cession to the crown, from which not look to the essence of the law: