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usurpation was speedily effected, not called upon to fulfil it, which in despite of, and to the great in. proves that he ought not be in. jury of all the potentates of Eu. cluded in the number of their ac. rope, who had, in a formal manner, complices. fulminated a general anathema Unanimity was consequently so against it.
complete amongst the conspirators, On the 23d of June last, the who assumed to themselves the assembling of the soi-disant “three unbecoming title of “the three estates of the kingdom" was wit. estates," that they could have de. nessed at Lisbon ; but which, in cided the question at once without fact, was nothing more than a any adjournment; but the better meeting of the accomplices of an to impose on the Portuguese na. execrable faction; and when, every tion, and as well on the people of thing for this scandalous proceed. the two hemispheres, they deemed ing was ready, having been for a it expedient to defer it; and on long time previously arranged, it the 28th of June, after a few was opened, by the proposition days of mock deliberation, they of the following question, to ascer. presented to the head of the ille. tain,
gitimate government established at “If the crown of Portugal Lisbon, the result of their con. ought, on the demise of Don John temptible machinations, consisting VI., to have descended to the of their unanimous and criminal eldest son, the emperor of Brazils votes in favour of that usurpation and prince royal of Portugal, or they had been called together for to the youngest son, the infante the purposes of sanctioning, and Don Miguel ?”
which was unfortunately consum. On this proposition being sub. mated in that city on the 1st of mitted, a miserable and insidious July last,-a day, the memory of discourse was delivered in favour which will ever be execrated in of his highness's rights to the suc. the annals of Portugal, on account cession, and against those of the of the disastrous consequences emperor, our august sovereign, which cannot fail to flow from such whom it was endeavoured to re. a deplorable event. present as a foreign prince, and Disappointed in our expectations, deprived of his rights of primoge. we now find ourselves under the niture from the circumstance of disagreeable, but imperious neces. his having ascended the throne of sity, of unfolding to the eyes of Brazils in the lifetime of his the whole world, all the perfidy of father.
the acts above mentioned, as well In this tribunal of injustice and as the fallacies contained in the ar. hall of usurpation, no one dared guments brought forward against lift up his voice in favour of legiti. the incontestible and acknowledged macy, with which the cause of the rights of our august master the omperor of Brazils and king of Por. emperor of Brazil, and prince royal tugal is identified
of Portugal, to the crown of that The honourable duty of defend. kingdom on the death of the king ing those rights belonged, as a his father. matter of course, to the attorney. We very well know (and all general of the crown ; but he was publicists confirm it,) on the direct
nd legitimate line of any reigning able and solemn of the legitimacy amily becoming extinct, that in of the hereditary rights of his maase there should appear amongst jesty the emperor of Brazils to the the collateral branches several pre crown of Portugal, that we should tenders to the succession of the be justified in limiting thereto our vacant throne, whose respective opposition to the usurping faction pretensions may be doubtful, it be. which has dared to impugn at the longs to the superior tribunals or same time the unanimous opinion authorities of the state, to decide of all the courts of Europe, and so important a national question; that of the majority of the Portu. and the history of Portugal itself guese nation itself. affords two examples: the one on But we will not confine our. the death of the king Don Ferdi. selves to this allegation ; we will nand, and the other at the period go further, and combat the arguwhen the Portuguese nation, on ments with which this perfidious throwing off the intolerable yoke faction have attempted to attack of Spain, exalted the august house rights so incontestible. of Braganza to the throne.
And Ist. That of an ancient But as that question cannot be law made by the Cortes of Lamego, raised where the succession to a of which we transcribe the precise crown is regulated by the right of words-viz. “ Sit ita in sempiter. primogeniture (and such is the num, quod prima filia Regis re. case with respect to that of Portu. cipiat maritum de Portugale, ut gal, as it regards his majesty the non veniat regnum ad extraneos : emperor of Brazils, the eldest son et si cubaverit cum principe ex. of his majesty Don John VI., who traneo, non sit Regina, quia nun. has besides been recognised, as quam volumus nostrum Regnum well by his own father as by all the ire fore Portugalibus, qui reges powers of Europe, in his quality of fecerunt sine adjutorio alieno, per prince royal of Portugal, both be. suam fortitudinem.” fore and since the partition which By altering the sense of this was made of the crown of Portugal, law, (the existence of which, by by a solemn treaty executed be the by, is very doubtful, but which tween the two sovereigns,) the he. we will not now dispute,) the reditary rights of our august master usurping faction pretend, that by could not be rendered doubtful on his accession to the throne of the demise of the king, his father, - Brazils, his imperial majesty has nor were they.
foregone his quality of a prince Before even this unfortunate of Portugal, and has become in event, which occasioned the im. consequence incapacitated from portant succession, was known at succeeding to the crown of his Rio de Janeiro, his imperial ma. forefathers on the death of John VI. jesty had been proclaimed king in The misapplication of this law is Portugal, and immcdiately recog. very evident. This law prohi. nised as such by all the sovereigns bits, it is true, queens of Portugal and governments of Europe. to marry foreigners by birth, but
Such proclamation, and such re. it does not prevent Portuguese cognition, as spontaneous as precise, princes from acquiring other are of themselves proof so irrefrag. crowns, nor from succeeding to that of Portugal, after having ac- reigning prince and his immediate quired any other sovereignty, and heir and successor, (but which has the Portuguese history abounds taken place, for the first time, be. with proofs thereof.
tween his majesty king John VI., Don Alphonsus III. was a Por- and his eldest son, the prince royal, tuguese prince, and although at Don Pedro,) these laws, we repeat, the same time in possession of the cannot be applicable to the case county of Bologna, he succeeded now under consideration. his brother Sancho II., and pre. On ratifying the treaty of the served the sovereignty of Bolog. 29th August, 1825, by which the na ; notwithstanding Alphonsus V. partition above alluded to was made, enjoyed the crown of Portugal his majesty John VI. promulgated together with that of Castile and a law, or perpetual edict, dated the Leon ; and Don Emanuel united 15th of November, 1825, by which on his head the crowns of Portu. he recognises his eldest son the gal, of Castile, of Leon, and of emperor of Brazils, in his capacity Arragon.
of prince royal of Portugal, and Consequently, if that law did expressly revoked all the laws, not exclude the count of Bologna, customs, rules, and decrees of the Don Alphonsus, from the succes. Cortes, which might be contrary sion to the throne of Portugal, it to the intent and meaning of such cannot now exclude his majesty law. the emperor of Brazils and prince For a new and unforseen case, royal of Portugal from the like it becane necessary to enact a new succession.
law. 2d. That of another law, made And as the authority of his afterwards on the 12th of Septem- majesty Jolin VI. was as compe. ber, 1642, by king John IV., by tent and unlimited as that of his desire of the three estates, and august predecessor, John IV., the therefore a ratification of that of the law of the 15th of November, Cortes of Lamego. .
1825, (published in consequence It is declared by this second law, of a treaty, which is a sacred and “that the successor to the crown inviolable compact, and a supreme ought to be a prince born in Portu. law amongst all civilized nations,) gal, and that no foreign prince by is become a fundamental law of Bra. birth, however nearly related to zils and Portugal, and is in fact the the king, could succeed him.” only one that ought to regulate, as
Now as this applies solely to it actually did, the succession to the princes born in a foreign country, crown of Portugal, at the moment it is clear that it cannot be made when it became vacant. to apply to his imperial majesty Having thus fully proved the il. Don Pedro IV., who was born legality of the decision of the soi. in Portugal.
disunt “ three estates of the realm," Moreover, as neither the one as well as the futility of the argunor the other of these laws have ments advanced by them in favour of provided against the possible par the usurpation, there only remains tition of the Portuguese crown, by for us to fulfil a painful, but honouraa solemn agreement between the ble duty,that of protesting, and we do
hereby protest most loudly, and be. Emperor Don Pedro, a just indig. foreallthe world, against the usurpa. nation, and the most lively pain, it tion recently made of the crown of may be easily conceived that these Portugal, on behalf of his majesty feelings of his Imperial Majesty the emperor of Brazils and king of are heightened by the paternal un. that kingdom, as also on behalf of easiness necessarily occasioned by his well-beloved daughter, Donna the lot of a beloved daughter, from Maria da Gloria.
whom he could not separate but And we confide this our solemn with regret, to comply with the re. protest to the almighty power of the peated instances of the sovereigns, Supreme Arbiter of empires, and to his allies ; and in the full convic. the justice of all the sovereign tion that she would keep possession princes of Europe.
of the crown guarantied to her, no Dated, London, this 8th of Au. less by her legitimate rights, than gust, 1828.
by the solemn arrangements to (Signed) Marquis de RESENDE. which the courts of England and Viscount de ITABAYANA. Austria were parties, and by the
oaths of the prince upon whom he
had conferred the regency of Por, Correspondence between the Earl of tugal, and for whom he had des.
Aberdeen and the Marquis de tined the hand of his daughter. Barbacena, relating to the inter. His imperial Majesty, though position of Great Britain, on Don cruelly disappointed in this hope, Miguel proclaming himself King. can entertain no doubt of the same
powers sharing his just indignation; THE MARQUIS DE BARBACENA TO
and he has gratefully received the THE EARL OF A BERDEEN. first proof which they afforded of it,
London, Nov. 25, 1828. by withdrawing their ministers from The undersigned, Plenipoten. Lisbon. He has looked upon it as tiary of his Majesty the Emperor a sure pledge, that the ancient and of Brazil, discharges the sacred intimate ally of Portugal would not duty imposed upon him by his au. be satisfied with testifying by that gust master, by addressing to his act, in common with all the other Excellency, the Earl of Aberdeen, Courts of Europe, his disapproba. his Britannic Majesty's principal tion of the perfidious insurrection Secretary of State for Foreign Af. excited in Portugal, but that his fairs, the official demand of his powerful co-operation would be Britannic Majesty's support in fa. still more effectually displayed in vour of her Majesty the Queen of favour of the Queen, when formally Portugal, and the claim of effectual called upon for that purpose by the assistance in placing her most faith, head of the house of Braganza; ful Majesty upon the throne be- and this hope happily accords with longing to her, as well as in secu. the words spoken from the throne ring to her the possession of her at the closing of the last session of kingdom.
the British Parliament. Deter. The intelligence of the usurpa. mined never to come to any terms tion effected at Lisbon on the 1st with the usurper of the Portuguese of July of this vear, having excited crown, and to assert the rights of in the mind of his Majesty, the her Majesty, the Queen Donna
Maria II. the first thought of his The undersigned, after proving Majesty, the Emperor of Brazil, the existence and the validity of could be no other than that of the whole of this series of treaties, claiming for this purpose the aid of would exceed the limits which he his Britannic Majesty, in virtue of must prescribe to himself in this the treaties subsisting between note, if he were to enter into a Portugal and Great Britain.
minute examination of each of them. These treaties, as his Excellency, He will, therefore, - only extract Lord Aberdeen, is aware, com. some of the stipulations, by which mence with the earliest periods of their spirit and tendency may be the Portuguese monarchy. In the demonstrated, as the true import of reign of Edward First of England, them is not to be sought only in stipulations of friendship and com- the letter of the treaties, but in merce were entered into between their aggregate, and in the intimate the two crowns ; and in 1373, a relations which they have created formal treaty of alliance was con- and kept up between the two coun. cluded between Ferdinand First of tries and the two crowns. Portugal, and Edward Third of By article I. of the treaty of England. Such is the ancient al. 1373, of which the undersigned en. liance still subsisting, it may be closes a copy, (No. 1,) it seems to affirmed, in full vigour and intact, have been intended to apply the by means of the series of treaties stipulations of the alliance to the which have succeeded each other, case of rebellion ; and this supposiand which, most of them, set out tion is confirmed by the subsequent with confirming all the former act, (No. 2,) by which the King of treaties.
England permits the raising in his This series ends with the treaty dominions of a body of volunteers, of the 21st January, 1815, the third to serve in the war which the King article of which runs thus : “ The of Portugal was at that period carancient treaties of alliance, amity, rying on against his rebellious and guaranty, which have so long brother, the conveyance of that and so happily subsisted between body having been effected by means the two crowns, are by the present of two ships of the line, which the article renewed by the two high British government provided for contracting parties, and acknow. that purpose. ledged to be in full force and The treaty of alliance of 1571, vigour.”
between Queen Elizabeth and No war has, during this long King Sebastian, (No. 3,) makes period, interrupted between the two express mention of rebellion ; at governments a connexion, of which least, it states that the two sove. diplomatic history exhibits no simi. reigns take a mutual interest in lar instance; and the only rupture maintaining their respective go. which has occurred, took place du vernments. ring Cromwell's protectorate, oc. In the act of ratification of the casioned, it is worthy of remark, treaty of 1642 (No. 4,) the express by the assistance given by the King intention of renewing the preceding of Portugal to the partizans of King treaties is observable. Charles First, to whom he had The first article of the treaty of granted an asylum at Lisbon. 1654, (No. 5.) contains the stipu