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will be carried to a great extent, and that the adherents of the marquis de Chaves will be substituted for the officers and non-commissioned officers at present in active employment. Though this is calculated to give ultimately to the Infant the complete possession of the army, yet for the moment it has a directly opposite effect; and I have ascertained beyond a doubt, that the real reason of his wish to delay the embarkation of our troops, was in order to retain them as gua rantees of his safety, until the operation should be completed. These changes amount, in fact, to a new revolution, and are directly opposed to all the engagements taken by the Infant. They are

perfectly unnecessary, except as the precursors of more violent measures, the army being perfectly obedient, and having shown no sign of want of attachment either to the Infant or to its duties. I have the honour to be, &c. (Signed) F. LAMB. The right honourable the Earl of Dudley, &c.

P.S.I this moment learn that an order will appear to-day changing all the governors of the provinces; among them the count d'Alva, governor of the Algarves; and it is generally understood that their only crime is the having resisted the entrance of the rebels. The count d'Alva is brother-in-law to the count Villa Real.

CORRESPONDENCE between the EARL OF ABERDEEN and the MARQUIS DE BARBACENA, relating to the Interposition of GREAT BRITAIN, on DON MIGUEL proclaiming himself KING.

THE MARQUIS DE BARBACENA to THE EARL OF ABERDEEN.

London, Nov. 25, 1828. The undersigned, Plenipotentiary of his Majesty the Emperor of Brazil, discharges the sacred duty imposed upon him by his august master, by addressing to his Excellency, the Earl of Aberdeen, his Britannic Majesty's principal Secretary of State for Foreign Affairs, the official demand of his Britannic Majesty's support in favour of her Majesty the Queen of Portugal, and the claim of effectual assistance in placing her most faith ful Majesty upon the throne belonging to her, as well as in securing to her the possession of her kingdom.

The intelligence of the usurpation effected at Lisbon on the 1st of July of this year, having excited

in the mind of his majesty, the emperor Don Pedro, a just indignation and the most lively pain, it may be easily conceived that these feelings of his imperial majesty are heightened by the paternal uneasiness necessarily occasioned by the lot of a beloved daughter, from whom he could not separate but with regret, to comply with the repeated intances of the sovereigns, his allies; and in the full conviction that she would keep possession of the Crown guaranteed to her, no less by hor legitimate rights than by the solemn arrangements to which the courts of England and Austria were parties, and by the oaths of the prince upon whom he had conferred the regency of Portugal, and for whom he had destined the hand of his daughter.

His imperial majesty, though

cruelly disappointed in this hope, can entertain no doubt of the same

powers sharing his just indignation; and he has gratefully received the first proof which they afforded of it by withdrawing their ministers from Lisbon. He has looked upon it as a sure pledge, that the antient and intimate ally of Portugal would not be satisfied with testifying by that act, in common with all the other courts of Europe, his disapprobation of the perfidious insurrection excited in Portugal, but that his powerful co-operation would be still more effectually displayed in favour of the queen, when formally called upon for that purpose by the head of the house of Braganza; and this hope happily accords with the words spoken from the throne at the closing of the last session of the British parliament. Determined never to come to any terms with the usurper of the Portugese crown, and to assert the rights of her majesty, the queen Donna Maria 2nd, the first thought of his majesty, the emperor of Brazil, could be no other than that of claiming for this purpose the aid of his Britannic majesty, in virtue of the treaties subsisting between Portugal and Great Britain.

These treaties, as his excellency lord Aberdeen is aware, commence with the earliest periods of the Portugese monarchy. In the reign of Edward 1st of England, stipulations of friendship and commerce were entered into between the two Crowns; and in 1373 a formal treaty of alliance was concluded between Ferdinand 1st of Portugal, and Edward 3rd of England. Such is the antient alliance still subsisting, it may be affirmed, in full vigour and intact, by means of the series of treaties which have suc

ceeded each other, and which, most of them, set out with confirming all the former treaties.

This series ends with the treaty of the 21st January, 1815, the third article of which runs thus:"The ancient treaties of alliance, amity, and guarantee, which have so long and so happily subsisted between the two Crowns, are by this present article renewed by the two high contracting parties, and acknowledged to be in full force and vigour."

No war has, during this long period, interrupted between the two governments a connexion of which diplomatic history exhibits no similar instance; and the only rupture which has occurred took place during Cromwell's Protectorate, occasioned, it is worthy of remark, by the assistance given by the king of Portugal to the partizans of king Charles 1st, to whom he had granted an asylum at Lisbon.

The undersigned, after proving the existence and the validity of the whole of this series of treaties, would exceed the limits which he must prescribe to himself in this note, if he were to enter into a minute examination of each of them. He will therefore only extract some of the stipulations, by which their spirit and tendency may be demonstrated, as the true import of them is not to be sought only in the letter of the treaties, but in their aggregate, and in the intimate relations which they have created and kept up between the two countries and the two crowns

By article I of the treaty of 1373, of which the undersigned encloses a copy, No. 1, it seems to have been intended to apply the stipulations of the alliance to the case of rebellion, and this supposi

2

tion is confirmed by the subsequent act, No. 2, by which the king of England permits the raising in his dominions of a body of volunteers, to serve in the war which the king of Portugal was at that period carrying on against his rebellious brother, the conveyance of that body having been effected by means of two ships of the line which the British government provided for that purpose.

The treaty of alliance of 1571, between queen Elizabeth and king Sebastian, No. 3, makes express mention of rebellion; at least it states that the two sovereigns take a mutual interest in maintaining their respective governments.

In the act of ratification of the treaty of 1642, No. 4, the express intention of renewing the preceding treaties is observable.

The first article of the treaty of 1654, No. 5, contains the stipulation of neither receiving nor harbouring, reciprocally, the rebellious subjects of either of the two countries; and in virtue of this article, her majesty, queen Donna Maria 2nd, has, undoubtedly, the right to demand, that her august ally should not suffer an avowed agent of the usurper's government of Portugal to reside in England.

The seventeenth article of the treaty of 1661, No. 6, deserves to be read with attention, since in it is recognized, under preceding treaties, the power of levying troops in England. That treaty contains the strongest and the most positive expressions to be found in any act of this kind, as the king of England goes the length of declaring, that he will watch over the interests of Portugal with as much care as over those of his own dominions.

The first article of the Treaty

of Alliance of 1703, No. 7, explicitly confirms all the preceding treaties.

In Article 6 of the Convention, signed at London, the 22nd October, 1807, No. 8, occur the following expressions:-" His Britannic majesty engages in his name, and in that of his successors, never to acknowledge, as king of Portugal, any prince other than the heir and the legitimate representative of the royal family of Braganza."

This stipulation evidently applies to the present case; for the heir and legitimate representative, whom his Britannic majesty has recognized as such, is at the present moment dispossessed of her crown, by a prince of the same family, indeed, but who is not the less an usurper.

Neither can it be alleged that the convention, just mentioned, was only temporary; for not only is this condition nowhere stated, but it is formally contradicted by the general confirmation of all the preceding treaties of alliance and guarantee, contained in Article 3 of the treaty concluded at Vienna, the 21st January, 1815.

The undersigned deems it his duty to dwell upon the quotations just made, and to which he might add many more; but he flatters himself to have sufficiently demonstrated:-1st. That all the treaties of alliance and guarantee, concluded between Portugal and Great Britain, are still subsisting in full vigour ;-2dly. That the nature of these treaties, their number, and the connexion which they have established between the two crowns for so many ages, give them a peculiar character, which distinguishes them from ordinary treaties, and that it is necessary to interpret them as a whole, rather

than to analyse them separately; 3rdly. That in several instances, express mention is therein made of cases of revolt, or of rebellion, either with the view to stipulate the affording of assistance, or for the purpose of permitting the levy of troops, or in order reciprocally to exclude rebels from the two states;-4thly. And, finally, that this alliance, at the moment when it was entered into, was applied to the case of revolt of the Infant Don Henry against his brother, the king Don Ferdinand, which is a similar case to that which now presents itself between his majesty the king Don Pedro 4th, and his brother, the Infant Don Miguel. The application, therefore, of the ancient treaties of alliance to the case under consideration has all the force of a precedent.

In addition to these treaties, alike valid and obligatory, the undersigned has yet to adduce other acts equally valid and diplomatic, although not possessing the form and denomination of treaties.

His excellency the earl of Aberdeen will be aware that the undersigned alludes to the protocols of the conferences held at Vienna, and at London, in October, 1827, and in January and February, 1828, to which conferences the plenipotentiaries of his Britannic majesty, and of his imperial and royal apostolic majesty, became principal parties, and which invest those sovereigns with the right of insisting upon the execution of all the engagements there contracted. These engagements are not binding solely upon the emperor Don Pedro, and his royal highness the Infant Don Miguel. The courts of Eng land and Austria did not, on that occasion, act the part of mere wit nesses, an assertion, the truth of

which, it is imagined by the undersigned, will evidently be proved by the following passages taken from the protocol of the second conference of Vienna, and from that of the conference of January 12th, of London. It was stated in the second conference of Vienna, that the two powers, "(England and Austria) were impressed with the importance of not suffering any longer to be undecided questions of so high an interest (the confirmation of the act of his majesty the emperor Don Pedro's abdication; the sending of the young queen to Europe; and the total and definite separation of the two crowns), and that those two powers were determined to unite their attention and their efforts in pressing for, and obtaining the decision upon those points at Rio de Ja neiro."

In the conference of London, the plenipotentiaries of Great Britain, and of Austria, explain themselves thus:-"Lord Dudley, prince Es terhazy, and count de Bombelles, cannot, in accordance with what has already been set forth in the Vienna conferences, but again express the wishes of their respective governments for the abdication of the crown of Portugal being, as soon as possible, and without restriction, effected by his majesty Don Pedro 4th; and as soon as such abdication shall have been com pleted, and the separation con. firmed, the two courts engage to employ their good offices, in order to

induce the governments of Partugal and Brazil, conjointly, to announce this arrangement to all the powers, and to procure their recognition of it. The two courts bind themselves, likewise, to use their good offices for definitively regulating, by means of a treaty,

the order of succession in the branches of the house of Braganza, and that when this transaction shall have been concluded, it shall be brought to the knowledge of the foreign powers, with the view of its being recognized by them."

On reading these two protocols, it would certainly be difficult to maintain that England and Austria were but as mere witnesses, present at the conferences of Vienna and London, through the medium of their plenipotentiaries.

Had such been the case, how could those two courts have imagined themselves called upon, not only to express their wishes in the above conferences, but to contract the positive engagement of uniting their attention and their efforts for obtaining, at Rio de Janeiro, agreeably to those wishes, the decision of several questions of the highest interest to the future destinies of Portugal and of Brazil? Is it not evident, that if (contrary to all probability) his majesty the emperor of Brazil had chosen to recall his promises, the two courts would have found themselves authorized, according to the tenor of the protocols, to demand the performance of them? And, on a stronger ground, is it not also incontestible, that they would find themselves authorized more forcibly to exert this right, which they had exercised in respect of his imperial majesty, with regard to a prince whose oath they, on that occasion, had in a manner put on record?

The undersigned, therefore, takes leave to repeat, that the above protocols ought to be considered exactly in the light of a formal treaty, because they contain reciprocal promises and engagements to which the plenipotentiaries of Por

tugal, appointed by the regent, in the king's name, as well as the plenipotentiaries of Great Britain and Austria, were parties.

Finally, his excellency the earl of Aberdeen knows, that the name of treaty or convention is not requisite to constitute the validity of political engagements, aud that the signed memorandum of a conference, or an exchange of notes, have frequently answered the same purpose.

And can the British monarch, if the undersigned may presume to make such an appeal, ever forget the written assurances which his majesty received, and the words which his majesty himself heard the Infant Don Miguel utter? Will the king of England forget, that that prince, after having been received in England in the most distinguished and most friendly manner, and after having been accompanied as far as the Tagus by an English squadron, did immediately violate every oath, while under the protection, it may be asserted, of the British troops, whose presence at Lisbon, though without any such intention, produced the effect of repressing every attempt at resistance to measures, by which, under the legal mask of the regency, the Infant was preparing to accomplish the usurpation ?

Can his Britannic majesty, on the other hand, forget the generosity, the good faith, and the implicit confidence with which his majesty, the emperor of Brazil, has complied with all the wishes, and conformed to all the counsels of his august ally, by completing his abdication of the crown of Por tugal, and by sending the young queen to Europe?

And can it be possible that the august monarch who so earnestly

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