Page images
PDF
EPUB

For spoliations committed on the commerce of The United States under the sanction of that Paper Interdiction, restitution will be to quired—and to the dignity which characterizes the Government of the Republick, is Spain indebted for that magnanimous forbearanceño reprisal, justifiable on every principle of self-preservation and desent. The Citizens of The United States, from the peacefal audment course prescribed by their Government, are justly entitled to the no spect of the Belligerent Parties, and if their enterprize induces the to reap the advantages of a lawful Trade within Territories alternato in the occupancy of either, they are there as Citizens of a truly Neo Power—a Power that has at no time afforded aid, or exercised to fluence of any kind, in the present unhappy and calamitous conflict Between The United States and the Sovereign of Spain the exists a Treaty, recently made, and consecrated by the most form observances, the acknowledged basis of which is good will and a to dial spirit of conciliation. How, then, in the face of this pledo a concord, do you, Sir, undertake to threaten with forfeitures and iso minious penalties—with slavery and death—the Citizens of a Repo lick, who have a right to expect under this token of friendship, sao and exemption from molestation? Wrongs and injuries that may accrue to Citizens of the to from your unlawful Decrees, whether visited on their Persons & Property, will be numbered with the catalogue of outrages alre: sustained, and for which Spain must be accountable. Against also wrongs and injuries I protest, and do hereby solemnly call uponyo Excellency to abstain from the adoption of measures fraught withms evil consequences—measures coercing a spirit of retaliation and o action, the end and issue of which may be conceived, foreseen, andro vented, by your Excellency. And I invite your Excellency, as also of the character and honour of Spain, of the amity and good faiths happily preserved between her and the Republick, to annul all sudo strictions as lead to a violation of the Laws of Nations—as infringeæ just Rights of Citizens of The United States—as deprive them of to benefits of Peace, and tend to augment to an alarming amount theo count which hereafter must inevitably be balanced between the to Nations. a ge I have the honour to be, &c. H. E. General Morales. ROBERT TREAT'SPENCE • **** **. (4).-Protest of the Admiral, and Commander in Chief of the Bro Naval Forces, in the West Indies, &c.; H. B.M. Ship Sybille, Port Royal Harko SIR, Jamaica, Dee. 5. Fo I have received your Excelleney's Dispatch of the 10th 0°to

[ocr errors]

Against your right of declaring Ports and Coasts in a state of Blockade, without the means of enforcing it by Wessels of War, it is my duty to protest, and I now do so, as I before did to Field Marshal Don Miguel dela Torre, in a Letter, of which the inclosed is a Copy, and which, I presume, was delivered to you upon succeeding to the Command of the Spanish Army on the Main. , - = * . . . The Law of Nations, as therein asserted, has been recognised by the Government of His Britannick Majesty, as also by the other European Powers, and it behoves your Excellency to be cautious how you violate it, or Should you do so, by seizing British Wessels, which have not acted contrary to any known Law, but taken merely on the plea of breaking your supposed Blockade, which Blockade I declare to be illegal, I shall immediately reclaim them, with compensation for any loss or damage they may sustain in consequence thereof; and if that be denied, I shall be under the necessity of directing them to be retaken by force, if necessary, and the Wessel of War by which they may have been molested, to be brought into Port Royal, where she will be detained until satisfaction be rendered for the outrage. The feelings of surprise and indignation which the barbarity and wanton cruelty of the language of your Proclamation are calculated to excite are not to be expressed; but I shall not suffer it to be given to the World without protesting against it, and denying the existence of any circumstances which can justify it. That a few peaceable Men, opening and carrying on a trade with the Inhabitants of South America, can militate against the Sovereignty and legitimate rights of the Spanish Nation—sully the purity or invade the sanctity of your Holy Religion—or destroy the honest and virtuous :ustoms heretofore existing in that Continent, as you say they do, is lifficult to conceive, and as you offer no experience to prove that it is to, I can only consider your assertions as a necessary prelude to the languinary Edicts which immediately follow them. That Foreigners found in the Military Service of the Republick of Dolombia, or, having a share in a Printing-office, or, Editors of any sournals, &c, by means of which the publick mind may be agitated, ither with reference to War or Religion, are responsible Persons, is not lenied; though I protest against its being the Law of civilised warfare o subject. Persons of this description to death, in the summary manner tour Proclamation decrees; but that those found in any branch of the Administration of the Republick, or in any manner have dome-that which is offensive to the Spanish Nation, to its Government, or Subects, should be made liable to the same severity of punishment, is a most cruel and arbitrary decree; and I do therefore protest againstit, s.relates to the Subjects of His Britannick, Majesty. or * * * * That, Foreigners, found in the Country, not coming within the oregoing descriptions, but who went to it whilst in possession of the Independents, should be condemned to labour at the Publick Works as decreed in the second Article of your Proclamation, is an unheard. of barbarous threat, unparalleled in the Wars of Civilized Nations, and such as, I am convinced, Spain cannot authorise; I therefore conside myself bound to protest, in the strongest manner, against its bein; acted upon towards British Subjects. The term of 8 days granted to the Foreigners at Maracaibo, who lives were spared, was much too short for mercantile Mento arran: their accounts; and as their stay could not have interfered with yo future operations, because they might have been placed unders: veillance, this time appears unnecessarily confined and arbitrary. As I find that your Excellency, after assuring the Officer wo waited upon you from His Britannick Majesty's Sloop Surinam, to British property should be respected, and repeating the sameinyor letters to me, has condemned the whole of it, upon the ground that: coming to Maracaibo was in violation of your Blockade, I demand: immediate restitution; because, for the reasons before stated, it k, been unlawfully seized; and I likewise do the same with reference: British Property which may fall into your hands in your progthrough other Provinces. It is proper to inform your Excellency, that the Lieutenant to vernor of this Island joins with me in the sentiments I have express: and his Honour would have conveyed the same to you from undo his own hand, had you made known to him the Proclamation her: noticed. Captain Rowley, the bearer of this Dispatch, will afford your Ev cellency an opportunity of returning any British Property that no have been seized at Maracaibo under a false impression.

I have the honour, &c. His Excellency Don F. T. Morales. C. ROWLE

(Enclosure.)—Rear Admiral Rowley to Field Marshal La Torre. H. B. M. Ship Serapis, Port Royal Harko

SIR, Jamaica, August 21, 18 I have the honour to acknowledge the receipt of your Excellenro Communication of the 6th of June, which reached me on the 21sts last month, informing me that you had considered it your duty o direct that all the Ports and Coasts belonging to the Provinces of Mracaibo, Coro and Barcelona, should be under blockade; and conve: ing to me this intelligence with a view to its general publicity, that a

English Subject might risk his property by a contravention thereof. Against this Blockade it is my duty to protest; as I consider to: law of Nations to be, that the legality of a Blockade must essential, depend upon the adequacy of the blockading force, to hold the Port

[graphic]

and Coasts intended to be blockaded, in such a constant state of Blockade, that no Vessel can enter or depart without imminent danger of detention; that, if the force is inadequate to enforce the Blockade generally, the whole Blockade in all its parts is thereby vitiated; nor can the blockading Ships enforce it partially where they may happen to be present. With this view of the Blockade which your Excellency has declared, I must warn you of the consequences that may follow from your attempting to apply to the Ships and Property of His Britannick Majesty's Subjects, a restraint not warranted by the Law of Nations, under the pretext of Blockade. I have, &c. C. ROWLEY. FI. E. Field Marshal Don M. de la Torre. Maracaibo.

PROCLAMATION of the Emperor of Brazil to the People of Portugal, on his elevation to that dignity.—21st October, 1822. (Translation.) Pontuguese l—The greatest force is insufficient against the will of L People determined to live no longer in a state of slavery. The hisory of the World has confirmed this truth, and it is further confirmed ly the rapid events which have occurred in this vast Empire, which, leceived by the flattering promises of the Congress at Lisbon, the alsehood of which soon appeared, was betrayed in its most sacred ights and most obvious interests, and had presented to it only the rospect of re-colonization; and of legal despotism, a thousand times more tyrannical than the arbitrary acts of a single Despot. The great nd generous Brazilian People have been successively influenced by nbounded credulity, justifiable distrust, and mortal hatred, and have mally come to the firm resolution of establishing a Legislative Assemly of their own, from whose wisdom and prudence the new social Comact which is to govern the Country shall emanate, and that Assembly about to commence its glorious task: the same great and generous eople have unanimously chosen me for their Perpetual Defender; an onourable charge which I have proudly accepted, and which I am termined to execute even to the sacrifice of my life. This first step, which ought to have opened the eyes of the Coness of Lisbon to the abyss into which the whole Nation was about to precipitated, which ought to have rendered it more circumspect in its nquct, and more just in its acts, has only served to inflame the corłing passions of the Demagogues, who, to your shame, are seated the august sanctuary of the Laws. All measures tending to retain azil under the iron yoke of slavery have obtained the approbation that Congress. It decreed troops for the purpose of conquering

Brazil, under the frivolous pretext of suppressing factions. The Bre zilian Deputies were publickly insulted, and their lives threatened The Senhor, Don John VI., my August Father, has been compelled to descend from the high dignity of a Constitutional Monarch, owingo the severe captivity in which he is held, and to act the part of amen publisher of the delirious Decrees of his corrupt Ministers, or of to factious Members of the Congress, whose names will be handed dow. with their crimes to the execration of posterity: and I, the Heit * the Throne, have been held up to scorn, and abused by the veryo sons who ought to teach the People to respect me, in order that the might themselves be respected. Under such critical circumstances, the heroic People of Bm finding all means of conciliation exhausted, availed themselves of: right, the possession of which no one can dispute. On the lohe the present month, they proclaimed me their Constitutional Empo and declared their own Independence. By this solemn Act, ano has been put to the distrust and suspicion of the Brazilians of ther's of dominion contemplated by the Lisbon Congress; and the uns terrupted series of monuments placed in the path of eternal to to record to this People their past misfortunes, now only sero convince them how far Brazil would have been advanced in prospon | if at an earlier period she had been separated from Portugal; fo good sense and reason had sanctioned sooner a separation mak o nature. Such is the state of Brazil. Though from the 12th of lso Brazil no longer forms an integral part of the ancient Porture Monarchy, still nothing prevents the continuation of their * commercial relations, as I have declared in my Deeree of the lo August last, provided Portugal do not send more Troops to invadeof the Provinces of this Empire. Portuguese 1–I offer you the space of 4 months to make o decision. Decide, and chose, either the continuance of a Friendo founded on the dictates of justice and generosity, and in the to blood and reciprocal interests, or a most violent war, which cano terminate in the recognition of the Independence of Brazil, or in ruin of both Countries. THE EMPERs Palace of Rio de Janeiro, October 21, 1822.

[graphic]
« ՆախորդըՇարունակել »