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they looked, as they themselves “Dom Pedro is the first-born declare, to its notoriety, and the and who denies this? Granted, high degree of respect and strength and readily, that he possessed the given to the laws by their external rights of primogeniture, and if he formality. The Estates, neverthe.had not lost them, previous to the less, do not hesitate to lay this 10th of March, they would still rea. ground to one side, which, although dily and constantly have been ac. extremely weighty, as it assuredly knowledged. Notwithstanding the is, they do not consider necessary love which our august sovereign to the present purpose.
has merited from the people, and 66 Neither have the civil wars- which they have long devoted to the shameful violation of the coun. him, it is not the Portuguese nation try's laws-the unjustifiable, and alone that sacrifices its passions, even despotic seizure of power, and even its best ones, to justice. escaped them ; in a word, they do Our monarch would be the first to not neglect their venerable country, object to any attempts on the part either attacked with hostile fury, of the people, if they, impossible as or else neglected and insulted in is the case, sought to attribute to its rights and dignity. But, as al. him a right, robbed from another. ready stated, they feel a repugnance The moderation of his royal mind is in touching only half-closed and fully proved and well known. But, delicate wounds, on which account it may be asked, cannot the rights they leave the vindication of an of primogeniture, like any others, offended and outraged country to be alienated, or lost ?
Most as. the justice of divine Providence ; suredly they can ; and it has al. and besides this, to the confusion of ready been clearly shown, that Dom the guilty themselves, as well as to Pedro had actually lost them, prethe severe censure of a cotempora. vious to the 10th of March, 1826. ry world and posterity.
It is a very different thing to vio. On a view of reasons of such late and disregard a right still ac. great weight, the Three Estates knowledged, and acknowledge that justly confide, that their award and a right has been lost. It is the last resolution respecting the exclusion case that Portugal, without the of Dom Pedro, and the restoration shadow of injury, and from which of the crown of Portugal to his au- she is far removed, has been called gust brother, will not be liable to upon to judge as regards Dom Pe. any other objections than such as dro. are merely specious. As some one,
“ How then did it happen, it may however, might attribute to fear, be said, that Portugal had him for that which could be no other than her King immediately in March, contempt, they have resolved to 1826 ? How was it that she ac. meet those same specious objec. cepted, swore to, and carried the tions which might be raised, and charter of the 29th of April into make appear, even to the most pro. execution ? How was it that he found men on the subject, that se was retained in possession, and same objections are no other than that the kingdom continued to be phantoms, which interest and party governed in his name, and accord. spirit have seized upon, in the ab. ing to the law which he himself sence of a better weapon.
gave, till May or April, 1828 ?
The answer is easy :-In exactly Three Estates, whose duty it was the same manner as we once had to contend for our liberties, not for our sovereigns the three Philips convened--the people, without a of Castile, when Portugal was held leader,—without any legal point of under their subjection for seven. union, could not do otherwise than ty years. We arrive at the same fluctuate, amidst anxiety and in. point, although by different ways. certitude. The good Portuguese
“ The Three Estates would have bewailed their condition in secret ; wished to spare themselves the ne. whilst some of the most determined cessity of referring to the low cun. of them went beyond the frontiers, ning, the criminal means, and the there to record their protests : but accult and wicked stratagems of the work of scandal prevailed, and which a faction availed itself, in the kingdom was dragged on and order to destroy the kingdom, pre- forced to submit to the yoke thus suming, with very little judgment, imposed. And could all this prove that it would thus find its own ele. the rights of Dom Pedro more than vation on the general ruin. But the events which occurred in 1580 this is necessary, in order to de. proved those of the King of Cas. fend the honour of our country, tile ?and all considerations ought to yield “ The Three Estates view the in the presence of so sacred a mo. solemnity of an oath with the same - tive. Was there not a well.disci. profound respect that is due to the plined army, posted on the Portu. Sovereign Lord who is therein in. guese frontiers, under the orders of , voked, and acknowledge its exa distinguished general ? But, pos. tremely great importance in the sibly, gold and promises were not government of human societies.wanting, when the insidious nego. They most sincerely regret, in our tiation of D. Christovao de Moura times, to see it prostituted, and on was carried into effect, by lulling this very account despised, by such some and frightening others-by sacrilegious irreverence shown to. deceiving, with apparent reasons wards the Divine Majesty, to the and equivocal expressions, and even enormous injury of men and com. by falsely alledging the notice and monwealths. They cannot, how. interference of the great powers.
ever, grant that the oath does not “Good faith, ever inseparable fail to become null and void, when from minds really loyal, was then applied to an illegal act—when it thrown off its guard ; the voice of has been extorted by violence, and a wise and zealous council was when, from its observance, neces. silenced; the contrary efforts of sarily would result the violation some honourable persons were un- of the rights of persons and of nadermined by machinations and dis. tions, and, above all, the complete loyal expedients, and the sentence ruin of the latter. Such, in fact, of Ayamonte was renewed. What, is the oath to which the present in this case, could the unhappy objection alludes. To keep such Portuguese nation do? The legi. an oath, would not amount to less timate heir, in anticipation, placed than the stripping our country of at a distance of four hundred life ; and no solemnity whatever of leagues from the kingdom, and con. an oath can compel any one to be. sequently unable to direct us-the come the paricide of his country.
" If, however, the Portuguese tainly cannot be admitted as such, received through violence, and in this construction being evidently dured with repugnancy, a yoke unwarranted; the essential object which they abhorred, was not Dom of the law being quite otherwise ; Miguel also reduced and compelled, and if, as the Three Estates judge in foreign countries, to make decla. most probable, the mention merely rations of his having no right to the originated in the compliance with crown of Portugal, as well as pro. a usage totally indifferent, as re. mises to come and govern the king, gards the part of the narrative, or dom as regent, and in the name of in an inadvertent repetition of an. his brother? Why and wherefore ? cient forms, which escaped the It appears to the Three Estates composer of the document, is the that, by this interrogation alone, circumstance either against, or in the vaunted objection itself is de- favour of our question. stroyed. They expect to find no “If, however, it is wished to say answer; but if, contrary to their that it is neither a positive decla. expectations, any should be given, ration, an indifferent usage, nor a Portugal will break that silence to mere mistake of the composer, but which the respect due to illustrious rather a cautious insinuation with nations, for the present, binds her which the legislator sought to uprepresentatives. They will, never- hold the right of Dom Pedro, which, theless, add, that even although by the legal separation, he saw, in Dom Miguel, for his own interest, the opinion of the world, were un. should have wished to compromise, guarded, three answers then occur. not to involve himself in disputes, The first is, that this very acknow. which might, although unjustly, be ledgment of the vacillation in which charged with ambition—even al. the rights of Dom Pedro were left, though he were to prefer following without being favourable to him, the most exalted moderation, could strengthens those of his brother : such a line of conduct annihilate secondly, that it cannot be true that his rights ? And even although King John VI. wished to sacrifice these rights were held as annihi. the rights of one Prince to the ag. lated, is not this a point that be. grandizement of another; nor is it longs to the Portuguese nation, and credible that he could have wished to the Portuguese nation alone, to to resolve a point of such immense decide ?
importance, without the concur. “ The law of the 15th of No. rence of the Three Estates of the vernber, 1825, has been alleged, in realm, which so judiciously and which his majesty, King John IV. fully he had just before declared whom God keep in glory, treats indispensable in matters relating to Dom Pedro de Alcántara as Prince the fundamental laws, in the memo. Royal of Portugal and Algarves, rable laws of the 4th of July, 1824: and as heir and successor to these thirdly, that if such had been the realms, at the very same time that will of the legislator, which amounts he decrees the separation between to an impossibility, the Three Portugal and Brazil. Although this Estates could not, and will not, were considered as a direct and agree thereto. positive declaration of the continu. “Every thing which, without the ation of Dom Pedro's rights, it cer. Three Estates at least legally and clearly, and readily inferred, is ar- laws, as well as the most daring in. ranged and practised as regards the sult hitherto levelled against the fundamental laws, and especially great and respectable principles of as regards the right of succession legitimacy. But this is no other to the throne, is not only abusive than a deception practised on the and illegal, but also invalid and of said powers, or, at most, a crime no effect ; an assertion which the committed by factious men, who do Three Estates do not take from the not hesitate at such commission. the public writer, Vattel, but from And could a deception on the part universal law, or rather reason of the said powers, or rather a and in which they agree with what crime committed by factious men, our ancestors have already said, injure the rights of our sovereign, when equally assembled in Cortes, or ours ? If the European powers in the year 1641. 'And pre-sup. were to condescend to answer this posing,' says the resolution passed question, most assuredly they would in that year, 'as a certainty in law, say–No. that to the kingdom only does it “What now remains, is to re. belong to judge and declare the le. quest the said powers, and to hope, gitimate succession thereof,' &c. as the Three Estates of the realm
“Persons impugn, or rather pre. confidently do hope, from their tend to impugn, the rights of our well known wisdom and justice, sovereign King and those of the that, on the internal affairs of Por. Portuguese nation, by reminding tugal, and, particularly, as regards us that the acknowledgment, by the the fundamental laws thereof, and sovereigns of Europe, of Dom Pe. the right of succession to the dro, as King of Portugal, was done throne, they will listen to the solemn so de jure and not de facto. testimony of the Portuguese nation,
“ The Three Estates ought, and in preference to the sophisms and wish here to abstain, from every treasonable insinuations of a fac. answer that may not be perfectly tion; well assured that in this man. circumspect, or that might be of. ner they will not hesitate, as re. fensive to the respect due to the gards the pretended rights of Dom sovereigns, or the importance of Pedro to the crown of this realm, their own characters ; as, however, to correct their judgment as soon that same respect due to the sove. as possible. reigns requires that some answer “ All which, being well consider. should be given to this plea, the ed and deliberately weighed, the Three Estates reply thus :
Three Estates of the realm, finding “ They well know that the turbu- that most clear and peremptory lent and rash faction, by the words, laws excluded from the crown of cautiously employed, of Ancient Portugal, previous to the 10th of Laws- Primogeniture,' &c., daz. March, 1826, Dom Pedro and his zled and deceived the European descendants, and for this powers, who, discreetly adhering reason called, in the person of Dom to their noble system of legitimacy, Miguel, the second line thereto; acknowledged him, and seemed, and that every thing that is alleged, without perceiving it, to corrobo. or may be alleged to the contrary, rate, by their acknowledgment, a is of no moment, they unanimously most enormous deviation from the acknowledged and declared in their respective resolutions, and in this prescription, and by effect of the in. general one also do acknowledge stitutions above alluded toand declare, that to the King our We then flattered ourselves that Lord, Senhor Dom Miguel, the first the horrible attempt, of which the of that name, from the 10th day of acts referred to were the sad preMarch, 1826, the aforesaid crown lude, would not have been carried of Portugal has belonged; where. into effect. fore, all that Senhor Dom Pedro, in We had indeed been led to be. his character of King of Portugal, lieve, that the menacing attitude which did not belong to him, has assumed by the ministers of fo. done and enacted, ought to be re. reign courts accredited at Lisbon, puted, and declared null and void, together with the efforts made by and particularly what is called the a part of the brave Portuguese Constitutional Charter of the Por. troops, would have arrested the tuguese Monarchy, dated the 29th machinations of a perjured and reof April, in the said year, 1826. bellious faction, and prevented the And in order that the same may accomplishment of an usurpation appear, this present act and reso. pregnant with mischief, and sub. lution has been drawn up and versive of the principle of legitima. signed by all the persons assisting cy, held sacred by all the powers at the Cortes, on account of the of Europe. Three Estates of the realm.
Every noble spirit, to which “Written and done in Lisbon, treason and perjury are obnoxious, this 11th day of the month of July, conceived the same hopes; but 1828.”
neither the remonstrances of the governments most deeply interest.
ed in the prosperity of Portugal, Protest of the Plenipotentiaries of nor the praiseworthy resistance his majesty the Emperor of Bra.
made by the friends of legitimacy, zil, against the usurpation which and by all those who reverence has recently been made of his religion and respect the sanctity crown and kingdom of Portugal.
of an oath, could check the fury
of that faction, which had resolved, When we addressed our solemn at all hazards, to seal their ini. protest to the Portuguese nation on quity by a completion of the usur. the 24th of last May,
pation which they had premedi. 1st. Against all violation of the tated.
. hereditary rights of his imperial By means of popular tumult, of majesty and those of his august violent destitutions, of innumeradaughter;
ble imprisonments, and of revolt. 2d. Against the abolition of in. ing proscriptions ;-by the arts of stitutions liberally granted by that seduction and undermining ;-and, monarch, and legally established indeed, by the employment of every in Portugal;
kind of means, however odious or 3d. Against the illegal and in reprehensible, they rendered acsidious convocation of the ancient cess easy to the criminal object states of that kingdom, which had they had in view : and their pro. been abolished by virtue of a long gress was so rapid, the work of