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British Cabinet interposed. The arm- orders of Dom Pedro." After this ing and recruiting of the insurgents specimen of his free-will, the oath in Spain, gave Mr Canning a ground to the charter was administered to for asserting that Portugal was in- him, and the civil contract of his vaded by a hostile force.

espousals with Donna Maria was The British troops sent hastily to celebrated. Lisbon repelled the danger for the He was now let loose; he came to time. The insurgents retired into London, as we all recollect; was reSpain, where they were disarmed by ceived graciously by the late King, the government, and the Princess and, if we are to believe general reRegent was once more in safety. port, distinctly pledged himself to But it was obvious that this state of his Majesty and his ministers, to the things could not continue. British observance of the charter. He reachtroops could not keep perpetual gar- ed Lisbon on the 22d of February rison in Portugal; the national feel. 1828. The national outcry was ining could not be continually coerced. stantly and unequivocally raised for The Infanta's government must his assumption of the throne. finally give way; and for the double The dispatches of the British ampurpose of tranquillizing the public bassador, Sir Frederick Lamb, give mind, and ensuring the connexion full testimony on this point. It is of Portugal and Brazil, another ex- first stated, that " on the days impedient was resorted to, the marriage mediately succeeding the landing of of Dom Miguel with his niece, the the Prince, cries of “Long live Dom daughter of Dom Pedro; a disgusting Miguel the First, were heard.” The and criminal alliance, but of which second dispatch, March 1st, states, there had been examples in the that “his Royal Highness was incesroyal line, the late King himself ha- santly assailed with recommendaving been the offspring of Queen tions to declare himself King, and Maria the First, by her uncle Dom reign without the Chambers; further Pedro.

saying, that it depended entirely Dom Miguel had now been three his will to do so, as the Chambers years and a half under Austrian sur- would offer no opposition, and the veillance. He was now twenty-five measure would be popular with the years old, and it would have been great majority of the country.” The difficult to keep him a prisoner any public feeling on this subject contilonger, without bringing down strong nued to increase. The novel constiEuropean animadversion. The Em- tution of Dom Pedro was so hostile peror of Brazil, on the 3d of July to the habits of the country, that it 1627, had also issued a decree, in was received with universal displeawhich, after pronouncing an eulo- sure. In the ambassador's dispatch gium on " the good qualities, acti- of March 23d, he distinctly says, vity, and firmness of character” ex- that “no party of any consequence hibited by the Prince, he appoint- appeared to attach the least value to ed him “his lieutenant, with full the charter.” The national feeling powers to govern in conformity to being thus declared, and the whole the provisions of the charter.” This kingdom being in a state of angry decree was communicated to the ferment, Dom Miguel, as Regent of British court and the Austrian. On Portugal, convened the Cortes, by the 6th of October Prince Metter- decree of May 6th, 1828, “ for the nich communicated to Dom Miguel purpose of deciding on the applicathe intelligence that he might return tion of certain weighty points of to his own country, with a proviso law, and thus re-establishing public that he should not return through order.” The mayors and municipaSpain. Dom Miguel insisted on his lities were directed to proceed to sailing in no other than a Portuguese the election of delegates, &c.,"accorvessel, as his country would feel it. ding to the form already fixed in the self offended by his returning under previous elections,” and thus to reany other flag. Prince Metternich new the Cortes. The Cortes met, and expressed some displeasure at this their “public and solemn award" determination, and informed his pri- was as follows:soner that if any farther obstructions " The national opinion, declared arose," he must await at Vienna the at various periods, and according to divers events in our history, excludes palpable fact is, that the Portuguese, , from the right of succession to the looking upon Dom Pedro as for life crown of Portugal, the actual first the monarch of a distant land, and born of the distinguished House of equally convinced that any governBraganza, and in his person, as in ment delegated from bim to his law obviously acknowledged, all his daughter, who was still a child, as to descendants. A foreigner through a regency, would be notbing less choice and preference of his own, a than turning their kingdom into a foreigner by treaties, the laws of dependency on the government of Lisbon exclude him, in accordance the Emperor of Brazil, determined with those of Lamego. Deprived of that the ancient honours of Portugal present, future, and, morally speak- should not be humiliated, and thus ing, all possible residence in this determined that they would have a kingdom, he was, in like manner, king of their own. Dom Pedro had excluded by the letters patent of already in the most express manner 1642.” The document closes with declared the separation of Brazil declaring, that "the laws, with all from Portugal, and his resolution to the Portuguese who love and respect resist by the sword any attempt to them, award to the second son the renew its dependence on the mother succession to the crown, from which country. His proclamation to the the laws themselves had so justly Brazilians on the 10th of June 1824, excluded the first."

two years before the death of his In pursuance of this award, the father, was “ to arms, Brazilians. InThree Orders of the State signed the dependence or Death is our watchfollowing declaration, July 11, 1828. word.” This was followed by a de

“ The Three Estates of the Realm claration, that he had identified himfinding that the most clear and per- self with the Brazilians, and was emptory laws excluded from the resolved to share their fate, “whatcrown of Portugal, previously to ever it might be.” No man could the 10th of March 1826 (the time of have more utterly cut down the the late King's death), Dom Pedro bridge between himself and the sucand his descendants, and for this

His sitting on the throne of same reason called in the person of Brazil was in fact a rebellion, which Dom Miguel and his descendants, extinguished all civil rights in Portuthe second line, thereto; and that gal. every thing that is alleged or may be As the Cortes of Lamego has been alleged to the contrary is of no mo- adverted to on both sides for the ment, they unanimously acknowled- Portuguese law of succession, its ged and declared in their several re- history is worth stating. solutions, and in this general one also Don Alonzo Henriquez, the first do acknowledge and declare, that to monarch, was proclaimed King by the King, our Lord, Senhor Dom the army and people, and the choice Miguel, the first of that name, from being referred for confirmation to the 10th of March 1826, the afore- the great authority of the time, the said crown of Portugal has justly Pope, was by him confirmed. The belonged. Wherefore all that Seni- Pope, was the celebrated Innocent hor Dom Pedro, in his character of the Third, the general distributor of King of Portugal, which did not be- European crowns. The election was long to him, has done and enacted, made at a period still memorable in ought to be reputed and declared Portuguese history, the vigil of the void, and particularly what is called famous fight of Ourique, in which the the Constitutional Charter of the Moorish invaders were totally dePortuguese Monarchy, dated the feated. This event was nearly half a 29th of April, in the year 1826. And century previous to the memorable in order that the same may appear, meeting at which the law of royal this present act and resolution has succession was finally settled. The been drawn up and signed by all the Cortes of Lamego, summoned in persons assisting at the Cortes, on 1148, declared the crown to be hereaccount of the Three Estates of the ditary in the line of Don Alonzo; the Realm.”

crown to descend by primogeniture; This document is unanswerable as females to inherit, on condition of a proof of the national opinion, The their marrying subjects of Portugal,

cession.

but with a perfect and perpetual ex- who, dying childless, left the crown clusion of all foreigners from the to Emanuel Duke de Beja, son of throne.

Edward the First, notwithstanding From the original possessor the the competitorship and nearer claim crown descended through eight of the Emperor Maximilian, in 1495. princes of his line, the last of them, The crown now descended to his Ferdinand the First, leaving no chil- son, John the Third; and from him dren. The law of the Cortes of La- to Sebastian, the grandson of the mego had not sufficiently provided late monarch. The crown next fell for this case, and the three estates of into the possession of Cardinal Henthe realm, the Cortes, were summon- ry, son of Emanuel. Then began ed to meet at Coimbra in 1383, to the evil days of Portugal. On the deliberate on the new emergency. death of Henry a crowd of compeThe first process was to prove the titors started up; among whom was throne vacant, which was done in the the relentless and bloody Philip the usual forms by the Chancellor Joao Second of Spain. Before the master das Regras. The next was to pro- of the New World, and perhaps the vide a possessor, which was done by most powerful sovereign of the Old, proposing that the sceptre should be all opposition hid its diminished given to the Grand Master of Aviz, head." Fhilip seized on the Portufor his gallant services in the war guese crown, and held the people in against the Spaniards, as well as in merciless thraldom. consequence of his royal blood. The The Spaniards profess an ancient act set forth, that, “ Seeing that the scorn of the Portuguese, which the kingdoms, as well as the government Portuguese have returned by an anand defence thereof, have become cient hate. The antipathy of the vacated and bereft, after the death master and the subject was felt in of King Ferdinand, the last in pos- perpetual quarrels, but it was not session, and being without king, till after the lapse of more than half ruler, or any other defender what- a century that the chain was broken. ever, who can or ought by right to The eyes of the nation had long been inherit the same, we all agreeing fixed on the Duke of Braganza, a in our love and deliberation, &c., in brave and popular nobleman; the the name of the Holy and Undivided public irritation was roused into fury Trinity, do hereby name, elect, and by the extortions of a tyrannical and receive in the best and most valid insolent Viceroy, Vasconcellos; a manner provided by law, the afore- meeting was held of noblemen, in said Grand Master, and solemnly which it was determined to shake off professed of the Cistercian Order of the intolerable yoke of Spain. The Aviz, Senhor Dom Joao, first of the determination was promptly execuname among those of Portugal, and 'ted; the palace guards were surpriillegitimate son of Peter the First, as sed and disarmed; the Viceroy was our King and Lord, as well as of the thrown out of his chamber window; aforesaid kingdoms of Portugal and the Spanish authority was declared Algarves. And we grant unto him to be at an end, and John Duke of that he should call himself King, as Braganza was proclaimed King. also that he may be able to do and To confirm this fortunate revolu. command for our government and tion by a public act, the three estates defence, as well as for that of the were summoned to Lisbon in 1641. aforesaid kingdoms, all those things, The perils of a contested succession and each one of them, touching the had been bitterly felt in the sixty-one office of King,” &c. &c.

years of suffering from which they By this prince a connexion was had but just escaped; and the first formed with our country. Dom Joao, object of the Cortes was to state, with after he was released from his vows a clearness which should preclude of celibacy as Grand Master, marry- all future doubts, the law of succesing Philippa, the daughter of the sion. The form of this proceeding Duke of Lancaster, an undisputed was by petition of each of the three though varied succession followed. estates to the throne. That of the The Prince Duarte, his son, ascended People prayed, that " Resolutions the throne at his death; then Alonzo might be passed confirming those of the Fifth ; then John the Second, the Cortes of Lamego, enacted by the glorious King Alonzo Henriquez, his favour; he has been nearly three the founder of the monarchy; and months in Portugal, and notwiththat it should be so ordained, that standing proclamations, and the the throne may never again be inhe- lavish distribution of money, no porrited by any foreign king or princetion of the people have joined him; whatsoever'; so that the sovereign no man of rank has come over to who is to be such over this kingdom his side ; he has seized on a single of Portugal, be a natural and legiti- strong position, and in that he is mate Portuguese born in the king- besieged. In that position, too, he is dom, and held bound to abide and sustained altogether by foreign sucdwell personally therein,” &c. &c. cours, for if he were left to his Por

The petition of the Nobility prayed, tuguese resources, he must surrenthat “a law be passed, ordaining that der within a week. His provisions, the succession of this kingdom shall his ammunition, his arms, his troops, not at any time come to a foreign come from foreign countries. His prince, nor to his children, notwith- recruits Poles, Swiss, French, Engstanding they may be next of kin to lish-every thing but Portuguese ; the last King in possession. Further, while bis adversary is surrounded that when it happens that the sove- by all the influential classes, traverses reign of these realms succeeds to any the provinces with a couple of larger kingdom or lordship, he shall grooms, is every where received always be bound to reside in this ; and with triumphal arches, feasts, and having two or more male children, congratulations; and fights his comthat the eldest shall succeed to the petitor's foreign brigades, at the head foreign kingdom, and the second to of a native militia. This settles the this one of Portugal.”

question of public opinion; and if The third estate, the Clergy, adopt- Dom Pedro is to be made Regent of ed the same sentiments, declaring Portugal, it must be by the bayonet. that " experience having shewn the The personal merits of the cominjuries which result to kingdoms petitors can be a matter of but little from princes, who are not natural import to us. They are, probably, born, succeeding thereto, they sub- nearly on a par for good and evil. mitted to the King the expediency The brothers are both brave, and and fitness of putting an end to those possibly both disposed to use their grievances,” &c. &c. The King, John authority as men born under arbithe Fourth, immediately acquiesced trary governments are in the habit in those petitions; his answers con- of doing. Dom Pedro has been alfirming their requests were embodied ready expelled from a throne for alinto letters patent, and the law of leged unconstitutional and arbitrary the Cortes of Lamego, thus rein- conduct. Dom Miguel has, at least, forced, became once more the law of the advantage of him in this point, the land, by decree of the 12th of for he has not been so expelled; and September 1642, signed by the King. the nation even plunge into foreign

The state of the question having war to keep him on the throne. He been thus given from acknowledged has been called a tyrant; but it is documents, the conclusion is inevi- clear that he has not yet earned the table, that whoever may have the odium of his country. That there right to the Portuguese throne, Dom may be men in Portugal who love Pedro and his descendants have none. the charter, and hate the King,—that His right is nullified by the ancient there may be real lovers of liberty, Jaws, by his own direct acts, and by who prefer the constitution of Dom the national opinion. If he cannot Pedro to the ancient forms of gogovern Portugal in his own person, vernment,—that there are many Vol. he cannot govern it by a delegated tairists, French agents, avowed atheauthority, let the name be Donna ists, and conscious Jacobins, who Maria, Count Palmela, or what it would prefer any change that gave will. At this moment there is not them a chance of general rapine or the slightest evidence that he has revenge, -that Dom Miguel may have any valid portion of the national will imprisoned open repugnants to his on his side. He has been a twelve- authority, or hanged soldiers mutimonth in Europe, and not a single nying under arms, may all be true; province of Portugal has declared in but as neither the attachment of the

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one to the charter, nor the corrup- who dare not be any thing else, have
tions of the other, can prove that the followed this high authority, and
rule of Dom Pedro is the national blackened him with the most sulky
wish, so neither the imprisonment, physiognomy of despotism. But if
nor even the death, of the indivi. we demand the facts for our own
duals in question, can stigmatize the guidance, we still are answered by
government with the name of ty- mere declamation.
ranny. Unquestionably his reign has The charge against Dom Miguel
not exhibited any of those sweeping of having violated his oath, a charge
executions, that love for indiscrimi- which has earned for him the angry
nate vengeance, that passion for a animadversions of the successive Fo-
fierce and bloody exercise of power, reign Secretaries, Lords Aberdeen
which deserves the name of tyranny. and Palmerston, is of a more serious
There has been no one instance of quality. Our business is not to vin-
the death of a man of rank or for. dicate him; but let us know the ex-
tune on the scaffold, there has been act state of the case, before we fasten
no death, even of the lowest order, upon a prince the charge of perjury
so far as we have heard, without a more than upon any other man. The
trial,—there has been no arbitrary only known and formal declaration
confiscation, certainly there has been on the point is his oath to the charter
no systematic public plunder, vio- taken at Vienna. That oath was, un-
lence, or vindictiveness. And yet the questionably, taken under circum-
throne has been perpetually in a si- stances in which no oath should

be tuation which might have offered demanded of any individual. The strong temptations to severity. Sur- Prince was not a free agent—he was rounded with incentives to the most under duresse. He had been sent a violent exercise of power; party, prisoner to Vienna-he had been whether right or wrong, busy, for kept there in surveillance for three the last four years, against the pos- years and a half-he might have been sessor of the throne; conspiracy in- kept there during his life, if it had cessantly sowed in the provinces; answered the policy of Austria. At correspondence with foreign and the end of the three years and a half hostile courts sedulously sustained; an oath was tendered to him, notoa rival sovereign going the rounds of riously opposed to all his opinions. Europe, and canvassing commisera. Who can tell but the refusal of that tion from every people ; Dom Pedro oath would have been the sentence holding an integral portion of the of his exile or imprisonment? Who realm in actual possession, and fit- is there now to tell us the distinct ting out from it an expedition against features which might have made an the royal authority; attempts of all oath of that nature no more valid kinds made to rouse the populace to than an oath extorted by the pistol revolt, to corrupt the army, to shake of a highwayman? All is cloudy still. the credit of the throne with foreign On this point we have

materials powers, and, finally, to drive its pos- for decision. Common justice must sessor to the last extremities of per- wait for clearer information than any sonal disgrace and ruin;—if personal that has reached the world. vengeance could be justified, it might Dom Miguel's presumed pledges seek its justification in circumstances to our King and his Ministers, have like these. Yet this vengeance has not yet been presented to the public never been detected. We in vain at knowledge with even the feeble and this moment ask if there is on record imperfect formality of the Vienna a single authentic charge of cruelty oath. Whether they were delivered against the possessor of the Portu- as promise, opinion, or conjecture; guese throne. The English news- whether they were solemnly given, papers, undoubtedly, have decided or simply expressed in the laxity of otherwise. There is not a Radical conversation, or extorted in the shape journal, from the Land's End to the of hopes or fears, remains to be told. Orkneys, that has not sat in judg- This only is certain, that at the time ment on him, and summarily pro- of Dom Miguel's brief sojourn in this nounced him to be a monster. The country, the late King was unfortuRadical orators in the House, the nately in a state of health which echoes of the Radical journals, and nearly precluded all public business ;

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