Part 2

What, then, is the force—what is the effect of those ancient treaties? I am prepared to show to the House what it is. But before I do so, I must say, that if all the treaties to which this article of the treaty of Vienna refers, had perished by some convulsion of nature, or had by some extraordinary accident been consigned to total oblivion, still it would be impossible not to admit, as an incontestable inference from this article of the treaty of Vienna alone, that, in a moral point of view, there is incumbent on Great Britain a decided obligation to act as the effectual defender of Portugal. If I could not show the letter of a single antecedent stipulation, I should still contend that a solemn admission, only ten years old, of the existence at that time of “treaties of alliance, friendship, and guarantee,” held Great Britain to the discharge of the obligations which that very description implies. But fortunately there is no such difficulty in specifying the nature of those obligations. All of the preceding treaties exist—all of them are of easy reference—all of them are known to this country, to Spain, to every nation of the civilized world. They are so numerous, and their general result is so uniform, that it may be sufficient to select only two of them to show the nature of all.

The first to which I shall advert is the treaty of 1661, which was concluded at the time of the marriage of Charles the Second with the Infanta of Portugal. After reciting the marriage, and making over to Great Britain, in consequence of that marriage, first, a considerable sum of money, and, secondly, several important places, some of which, as Tangier, we no longer possess, but others of which, as Bombay, still belong to this country, the treaty runs thus: “In consideration of all which grants, so much to the benefit of the King of Great Britain and his subjects in general, and of the delivery of those important places to his said Majesty and his heirs forever, etc., the King of Great Britain does profess and declare, with the consent and advice of his council, that he will take the interest of Portugal and all its dominions to heart, defending the same with his utmost power by sea and land, _even as England itself_”; and it then proceeds to specify the succors to be sent, and the manner of sending them.

I come next to the treaty of 1703, a treaty of alliance contemporaneous with the Methuen treaty, which has regulated, for upward of a century, the commercial relations of the two countries. The treaty of 1703 was a tripartite engagement between the States-General of Holland, England, and Portugal. The second article of that treaty sets forth, that, “If ever it shall happen that the Kings of Spain and France, either the present or the future, that both of them together, or either of them separately, shall make war, or give occasion to suspect that they intend to make war, upon the kingdom of Portugal, either on the continent of Europe, or on its dominions beyond the seas, her Majesty the Queen of Great Britain, and the Lords the States-General, shall use their friendly offices with the said Kings, or either of them, in order to persuade them to observe the terms of peace toward Portugal, and not to make war upon it.” The third article declares, “That in the event of these good offices not proving successful, but altogether ineffectual, so that war should be made by the aforesaid Kings, or by either of them, upon Portugal, the above-mentioned powers of Great Britain and Holland shall make war with all their force upon the aforesaid Kings or King who shall carry hostile arms into Portugal; and toward that war, which shall be carried on in Europe, they shall supply twelve thousand men, whom they shall arm and pay, as well when in quarters as in action; and the said high allies shall be obliged to keep that number of men complete, by recruiting it from time to time at their own expense.”

I am aware, indeed, that with respect to either of the treaties which I have quoted, it is possible to raise a question—whether variation of circumstances or change of times may not have somewhat relaxed its obligations. The treaty of 1661, it might be said, was so loose and prodigal in the wording—it is so unreasonable, so wholly out of nature, that any one country should be expected to defend another, “_even as itself_”; such stipulations are of so exaggerated a character, as to resemble effusions of feeling, rather than enunciations of deliberate compact. Again, with respect to the treaty of 1703, if the case rested on that treaty alone, a question might be raised, whether or not, when one of the contracting parties—Holland—had since so changed her relations with Portugal, as to consider her obligations under the treaty of 1703 as obsolete—whether or not, I say, under such circumstances, the obligation on the remaining party be not likewise void. I should not hesitate to answer both these objections in the negative. But without entering into such a controversy, it is sufficient for me to say that the time and place for taking such objections was at the Congress at Vienna. Then and there it was that if you, indeed, considered these treaties as obsolete, you ought frankly and fearlessly to have declared them to be so. But then and there, with your eyes open, and in the face of all modern Europe, you proclaimed anew the ancient treaties of alliance, friendship, and guarantee, “so long subsisting between the Crowns of Great Britain and Portugal,” as still “acknowledged by Great Britain,” and still “of full force and effect.” It is not, however, on specific articles alone—it is not so much, perhaps, on either of these ancient treaties, taken separately, as it is on the spirit and understanding of the whole body of treaties, of which the essence is concentrated and preserved in the treaty of Vienna, that we acknowledge in Portugal a right to look to Great Britain as her ally and defender.

This, sir, being the state, morally and politically, of our obligations toward Portugal, it is obvious that when Portugal, in apprehension of the coming storm, called on Great Britain for assistance, the only hesitation on our part could be—not whether that assistance was due, supposing the occasion for demanding it to arise, but simply whether that occasion—in other words, whether the _casus fœderis_ had arisen.

I understand, indeed, that in some quarters it has been imputed to his Majesty’s ministers that an extraordinary delay intervened between the taking of the determination to give assistance to Portugal and the carrying of that determination into effect. But how stands the fact? On Sunday, the third of this month, we received from the Portuguese embassador a direct and formal demand of assistance against a hostile aggression from Spain. Our answer was, that although rumors had reached us through France, his Majesty’s Government had not that accurate information—that official and precise intelligence of facts—on which they could properly found an application to Parliament. It was only on last Friday night that this precise information arrived. On Saturday his Majesty’s confidential servants came to a decision. On Sunday that decision received the sanction of his Majesty. On Monday it was communicated to both Houses of Parliament; and this day, sir, at the hour in which I have the honor of addressing you, the troops are on their march for embarkation.

I trust, then, sir, that no unseemly delay is imputable to government. But undoubtedly, on the other hand, when the claim of Portugal for assistance—a claim clear, indeed, in justice, but at the same time fearfully spreading in its possible consequences, came before us, it was the duty of his Majesty’s Government to do nothing on hearsay. The eventual force of the claim was admitted; but a thorough knowledge of facts was necessary before the compliance with that claim could be granted. The government here labored under some disadvantage. The rumors which reached us through Madrid were obviously distorted, to answer partial political purposes; and the intelligence through the press of France, though substantially correct, was, in particulars, vague and contradictory. A measure of grave and serious moment could never be founded on such authority; nor could the ministers come down to Parliament until they had a confident assurance that the case which they had to lay before the Legislature was true in all its parts.

But there was another reason which induced a necessary caution. In former instances, when Portugal applied to this country for assistance, the whole power of the state in Portugal was vested in the person of the monarch. The expression of his wish, the manifestation of his desire, the putting forth of his claim, was sufficient ground for immediate and decisive action on the part of Great Britain, supposing the _casus fœderis_ to be made out. But, on this occasion, inquiry was in the first place to be made whether, according to the new constitution of Portugal, the call upon Great Britain was made with the consent of all the powers and authorities competent to make it, so as to carry with it an assurance of that reception in Portugal for our army, which the army of a friend and ally had a right to expect. Before a British soldier should put his foot on Portuguese ground, nay, before he should leave the shores of England, it was our duty to ascertain that the step taken by the Regency of Portugal was taken with the cordial concurrence of the Legislature of that country. It was but this morning that we received intelligence of the proceedings of the Chambers at Lisbon, which establishes the fact of such concurrence. This intelligence is contained in a dispatch from Sir W. A’Court, dated 29th of November, of which I will read an extract to the House. “The day after the news arrived of the entry of the rebels into Portugal, the ministers demanded from the Chambers an extension of power for the executive government, and the permission to apply for foreign succors, in virtue of ancient treaties, in the event of their being deemed necessary. The deputies gave the requisite authority by acclamation; and an equally good spirit was manifested by the peers, who granted every power that the ministers could possibly require. They even went further, and, rising in a body from their seats, declared their devotion to their country, and their readiness to give their personal services, if necessary, to repel any hostile invasion. The Duke de Cadaval, president of the Chamber, was the first to make this declaration; and the minister who described this proceeding to me, said it was a movement worthy of the good days of Portugal!”

I have thus incidentally disposed of the supposed imputation of delay in complying with the requisition of the Portuguese Government. The main question, however, is this: Was it obligatory upon us to comply with that requisition? In other words, had the _casus fœderis_ arisen? In our opinion it had. Bands of Portuguese rebels, armed, equipped, and trained in Spain, had crossed the Spanish frontier, carrying terror and devastation into their own country, and proclaiming sometimes the brother of the reigning sovereign of Portugal, sometimes a Spanish princess, and sometimes even Ferdinand of Spain, as the rightful occupant of the Portuguese throne. These rebels crossed the frontier, not at one point only, but at several points; for it is remarkable that the aggression, on which the original application to Great Britain for succor was founded, is not the aggression with reference to which that application has been complied with.

The attack announced by the French newspapers was on the north of Portugal, in the province of Tras-os-Montes; an official account of which has been received by his Majesty’s Government only this day. But on Friday an account was received of an invasion in the south of Portugal, and of the capture of Villa Vicosa, a town lying on the road from the southern frontier to Lisbon. This new fact established even more satisfactorily than a mere confirmation of the attack first complained of would have done, the systematic nature of the aggression of Spain against Portugal. One hostile irruption might have been made by some single corps escaping from their quarters—by some body of stragglers, who might have evaded the vigilance of Spanish authorities; and one such accidental and unconnected act of violence might not have been conclusive evidence of cognizance and design on the part of those authorities; but when a series of attacks are made along the whole line of a frontier, it is difficult to deny that such multiplied instances of hostility are evidence of concerted aggression.

If a single company of _Spanish_ soldiers had crossed the frontier in hostile array, there could not, it is presumed, be a doubt as to the character of that invasion. Shall bodies of men, armed, clothed, and regimented by Spain, carry fire and sword into the bosom of her unoffending neighbor, and shall it be pretended that no attack, no invasion has taken place, because, forsooth, these outrages are committed against Portugal by men to whom Portugal had given birth and nurture? What petty quibbling would it be to say, that an invasion of Portugal from Spain was not a _Spanish_ invasion, because Spain did not employ her own troops, but hired mercenaries to effect her purpose? And what difference is it, except as an aggravation, that the mercenaries in this instance were natives of Portugal.

I have already stated, and I now repeat, that it never has been the wish or the pretension of the British Government to interfere in the internal concerns of the Portuguese nation. Questions of that kind the Portuguese nation must settle among themselves. But if we were to admit that hordes of traitorous refugees from Portugal, with Spanish arms, or arms furnished or restored to them by Spanish authorities, in their hands, might put off their country for one purpose, and put it on again for another—put it off for the purpose of attack, and put it on again for the purpose of impunity—if, I say, we were to admit this juggle, and either pretend to be deceived by it ourselves, or attempt to deceive Portugal, into a belief that there was nothing of external attack, nothing of foreign hostility, in such a system of aggression—such pretence and attempt would, perhaps, be only ridiculous and contemptible; if they did not require a much more serious character from being employed as an excuse for infidelity to ancient friendship, and as a pretext for getting rid of the positive stipulations of treaties.

This, then, is the case which I lay before the House of Commons. Here is, on the one hand, an undoubted pledge of national faith—not taken in a corner—not kept secret between the parties, but publicly recorded among the annals of history, in the face of the world. Here are, on the other hand, undeniable acts of foreign aggression, perpetrated, indeed, principally through the instrumentality of domestic traitors, but supported with foreign means, instigated by foreign councils, and directed to foreign ends. Putting these facts and this pledge together, it is impossible that his Majesty should refuse the call that has been made upon him; nor can Parliament, I am convinced, refuse to enable his Majesty to fulfil his undoubted obligations. I am willing to rest the whole question of to-night, and to call for the vote of the House of Commons upon this simple case, divested altogether of collateral circumstances; from which I especially wish to separate it, in the minds of those who hear me, and also in the minds of others, to whom what I now say will find its way. If I were to sit down this moment, without adding another word, I have no doubt but that I should have the concurrence of the House in the address which I mean to propose.

When I state this, it will be obvious to the House, that the vote for which I am about to call upon them is a vote for the defence of Portugal, not a vote for war against Spain. I beg the House to keep these two points entirely distinct in their consideration. For the former I think I have said enough. If, in what I have now further to say, I should bear hard upon the Spanish Government, I beg that it may be observed that, unjustifiable as I shall show their conduct to have been—contrary to the law of nations, contrary to the law of good neighborhood, contrary, I might say, to the laws of God and man—with respect to Portugal—still I do not mean to preclude a _locus pœnitentiæ_, a possibility of redress and reparation. It is our duty to fly to the defence of Portugal, be the assailant who he may. And, be it remembered, that, in thus fulfilling the stipulation of ancient treaties, of the existence and obligation of which all the world are aware, we, according to the universally admitted construction of the law of nations, neither make war upon that assailant, nor give to that assailant, much less to any other power, just cause of war against ourselves.

Sir, the present situation of Portugal is so anomalous, and the recent years of her history are crowded with events so unusual, that the House will, perhaps, not think that I am unprofitably wasting its time, if I take the liberty of calling its attention, shortly and succinctly, to those events, and to their influence on the political relations of Europe. It is known that the consequence of the residence of the King of Portugal in Brazil was to raise the latter country from a colonial to a metropolitan condition; and that, from the time when the King began to contemplate his return to Portugal, there grew up in Brazil a desire of independence that threatened dissension, if not something like civil contest, between the European and American dominions of the House of Braganza. It is known, also, that Great Britain undertook a mediation between Portugal and Brazil, and induced the King to consent to a separation of the two crowns—confirming that of Brazil on the head of his eldest son. The ink with which this agreement was written was scarcely dry, when the unexpected death of the King of Portugal produced a new state of things, which reunited on the same head the two crowns which it had been the policy of England, as well as of Portugal and of Brazil, to separate. On that occasion, Great Britain, and another European court, closely connected with Brazil, tendered advice to the Emperor of Brazil, now become King of Portugal, which advice it can not be accurately said that his Imperial Majesty followed, because he had decided for himself before it reached Rio de Janeiro; but in conformity with which advice, though not in consequence of it, his Imperial Majesty determined to abdicate the crown of Portugal in favor of his eldest daughter. But the Emperor of Brazil had done more. What had not been foreseen—what would have been beyond the province of any foreign power to advise—his Imperial Majesty had accompanied his abdication of the crown of Portugal with the grant of a free constitutional charter for that kingdom.

It has been surmised that this measure, as well as the abdication which it accompanied, was the offspring of our advice. No such thing—Great Britain did not suggest this measure. It is not her duty nor her practice to offer suggestions for the internal regulation of foreign states. She neither approved nor disapproved of the grant of a constitutional charter to Portugal; her opinion upon that grant was never required. True it is, that the instrument of the constitutional charter was brought to Europe by a gentleman of high trust in the service of the British Government. Sir C. Stuart had gone to Brazil to negotiate the separation between that country and Portugal. In addition to his character of Plenipotentiary of Great Britain, as the mediating power, he had also been invested by the King of Portugal with the character of his most faithful Majesty’s Plenipotentiary for the negotiation with Brazil. That negotiation had been brought to a happy conclusion; and therewith the British part of Sir C. Stuart’s commission had terminated. But Sir C. Stuart was still resident at Rio de Janeiro, as the Plenipotentiary of the King of Portugal, for negotiating commercial arrangements between Portugal and Brazil. In this latter character it was that Sir C. Stuart, on his return to Europe, was requested by the Emperor of Brazil to be the bearer to Portugal of the new constitutional charter. His Majesty’s government found no fault with Sir C. Stuart for executing this commission; but it was immediately felt that if Sir C. Stuart were allowed to remain at Lisbon, it might appear, in the eyes of Europe, that England was the contriver and imposer of the Portuguese constitution. Sir C. Stuart was, therefore, directed to return home forthwith, in order that the constitution, if carried into effect there, might plainly appear to be adopted by the Portuguese nation itself, not forced upon them by English interference.

As to the merits, sir, of the new constitution of Portugal, I have neither the intention nor the right to offer any opinion. Personally, I may have formed one; but as an English minister, all I have to say is: May God prosper this attempt at the establishment of constitutional liberty in Portugal! and may that nation be found as fit to enjoy and to cherish its new-born privileges, as it has often proved itself capable of discharging its duties among the nations of the world!

I, sir, am neither the champion nor the critic of the Portuguese constitution. But it is admitted on all hands to have proceeded from a legitimate source—a consideration which has mainly reconciled continental Europe to its establishment; and to us, as Englishmen, it is recommended by the ready acceptance which it has met with from all orders of the Portuguese people. To that constitution, therefore, thus unquestioned in its origin, even by those who are most jealous of new institutions—to that constitution, thus sanctioned in its outset by the glad and grateful acclamations of those who are destined to live under it—to that constitution, founded on principles, in a great degree, similar to those of our own, though differently modified,—it is impossible that Englishmen should not wish well. But it would not be for us to force that constitution on the people of Portugal, if they were unwilling to receive it, or if any schism should exist among the Portuguese themselves, as to its fitness and congenialty to the wants and wishes of the nation. It is no business of ours to fight its battles. We go to Portugal in the discharge of a sacred obligation, contracted under ancient and modern treaties. When there, nothing shall be done by us to enforce the establishment of the constitution; but we must take care that nothing shall be done by others to prevent it from being fairly carried into effect. Internally, let the Portuguese settle their own affairs; but with respect to external force, while Great Britain has an arm to raise, it must be raised against the efforts of any power that should attempt forcibly to control the choice and fetter the independence of Portugal.