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plorable agitations, which have divided a nation, celebrated in the annals of history for its virtues, valour, loyalty, and devotion to its princes.

In order to execute the royal intentions of our august brother, I am preparing to return to Portugal; and I request you, my dear sister, without any loss of time, to cause a frigate and a brig to be prepared, and to set out for the port of Falmouth, in order that they may serve to transport me to Lisbon. May God, my dear sister, have you in his safe and holy keeping. (Signed) MIGUEL. The Infanta Regent of Portugal.

HIS ROYAL HIGHNESS THE INFANT
DON MIGUEL to HIS BRITANNIC
MAJESTY.

Vienna, Oct. 19, 1827. Sire, The decree by which the emperor and king, my brother, has nominated me his lieutenant and regent in the kingdoms of Portugal and the Algarves, and its dependencies, having reached me, one of my first cares must be to convey this noble resolution to the knowledge of your majesty. Convinced of the interest which you will take in it, on account of the ancient and intimate alliance which has always subsisted between Portugal and Great Britain, and which I sincere. ly desire to cultivate, I dare flatter myself that you will have the good. ness to grant me your good-will and support; the end which I propose to myself being invariably to main. tain tranquillity and good order in Portugal, by means of the institutions granted by the emperor and king, my brother,-institutions which I am firmly resolved to cause to be respected.

majesty, in the expectation of hav ing the honour of making it to you personally, with the confidence inspired by your great wisdom and the interest which you have always taken in every thing which regards my family and the welfare of Portugal.

I pray your majesty to accept the homage of my sentiments of attachment and high consideration. (Signed)

THE INFANT DON MIGUEL. His Britannic Majesty.

PROTOCOL.

Vienna, Oct. 23, 1827.

PRESENT.

On the part of Austria.-M. le Prince de Metternich, M. le Comte de Lebzeltern, M. le Chevalier de Neumann, M. le Comte H. de Bombelles.

On the part of England.-The British Ambassador.

On the part of his royal highness the Infant Don Miguel.-M. le Baron de Villa-Secca, M. le Comte de Villa-Real.

The protocol of the conference of the 20th inst., was approved and signed, when the British ambassador announced that he had still a confidential communication to make to the members of the conference, and he read to them a letter which he had that day received from Paris, in which he was informed that some agents of the Portuguese re. fugees had been sent there to obtain access to the Infant. It appears, according to this letter, that these refugees are endeavouring to excite an insurrection in Portugal, and to destroy the constitution before the arrival of Don Miguel.

Prince Metternich observed, that this communication deserved the I address this request to your more serious attention, as the in

telligence which he had received direct from Spain in the course of the last week, and which he had hastened to communicate to the British Government on the 18th of of this month, gave him reason to believe in the existence of this culpable project; that the Infant had himself been the first to speak to him of his fears with respect to this, and had expressed a wish that means should be thought of to prevent a movement, which, should it break out before his arrival at Lisbon, might place him in a very difficult and embarrassing situation. Prince Metternich added, that, as the Infant entertained views so favourable, the most effectual means to employ, would be a direct overture from this prince to the king of Spain. He proposed, therefore, to invite the Infant to write immediately to his Catholic majesty, to inform him of the determination which he had come to, in conformi. ty with the decree of the emperor Don Pedro, his brother, of the 3d of July, and to ask of him, at the same time, with confidence, to take such measures as, in his wisdom, he should judge most effectual in preserving tranquillity in the Peninsula, and to make known to the aforesaid refugees that the Infant highly disapproved of such projects, and was determined to repress them.

This proposal of prince Metternich having heen unanimously ap. proved, the Portuguese plenipotentiaries having undertaken to submit it to the Infant, and that prince having received it favourably, the baron de Villa Secca, and the count de Villa-Real have announc. ed to-day to the conference, that his royal highness had willingly consented to write to the king of

Spain in the sense agreed upon; that they had it in command to deliver to prince Metternich the letter of the Infant to his Catholic majesty, with the request that it might be forwarded to its destination as soon as possible, and to annex a copy of it to the present protocol.

The prince Metternich declared that he took charge of it with the greater pleasure inasmuch as he did not doubt but that a step so frank and loyal on the part of the Infant would produce all the effect which it gave a right to expect. He then proposed to communicate the present protocol to the cabinets of London, Paris, Berlin, and Petersburg, with the request that they would transmit, without delay to their respective missions at Madrid, orders to support, with all their influence, the step which the Infant has just taken towards his Catholic majesty.

This proposition having been unanimously approved, it was agreed that the despatches for Paris and London should be in con. sequence made up immediately, and that they should be intrusted to M. de Neumann.

(Signed)

METTERNICH.
LEBZELTERN.
NEUMANN.

H. DE BOM BELLES.
H. WELLESLEY.
CONDE DE VILLA-REAL.
BARAO DE VILLA-SECCA.

HIS ROYAL HIGHNESS THE INFANT DON MIGUEL to HIS MAJESTY THE KING OF SPAIN.

Vienna, Oct. 21, 1827. My very dear Uncle,-I have the honour to inform your majesty, that I have received a decree, dated from Rio de Janeiro, by which my

august brother, the emperor of Brazil, and king of Portugal and the Algarves, nominates me his lieutenant and regent in the lastmentioned kingdoms. Having ac. cepted this regency, and proposing shortly to repair to Lisbon, it has come to my knowledge from sources worthy of credit, that some of the chiefs of the Portuguese refugees, who are now in the domi. nions of your majesty, intend in the mean time to excite movements, with the intention of disturbing public order in Portugal, which would necessarily produce calamities which will not escape the high penetration of your majesty.

In this state of things, I address myself directly to your majesty, with the confidence with which I am inspired by the sincere and wellknown desire by which your majes. ty is animated of maintaining tranquillity in the Peninsula, in order that, weghing in your high wisdom a matter so weighty, your majesty would deign to take those mea. sures which you shall judge the most fitting, in order to make known to the aforesaid refugees my most entire disapprobation of such projects, which I am firmly resolved to repress.-May God, &c. (Signed)

THE INFANT DON MIGUel. His Majesty the King of Spain.

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lution by which they established the strong reasons why they acknowledged that, by right, the crown of Portugal had reverted to his august person, it nevertheless appeared expedient, and even necessary, and it was on this account decreed by his majesty, that, besides the special acts, they should draw up a single resolution, comprising the whole of the several grounds thereof, thus obviating the doubts (certainly no other than specious ones) which on this subject may be rais ed, or such as interest or partyspirit may have already suggested; and in order that the same, being generally signed by the members of which the Three Estates are composed, might become the sole voice of the whole nation, by expounding and maintaining the fundamental law of the succession to the crown, with that unbiassed impartiality and firm resolution, suited to a people, seriously determined not to commit, and at the same time not to allow of injustice.

"Wherefore, the Three Estates, appointing a committee, composed of an equal number of the members of each, and members of acknowledged talent, proved gravity and love of their country; this committee, after meeting, and again conferring on a point of such great importance, at length made a report, on a view of which Three Estates unanimously agreed as follows:

"If the laws of the kingdom excluded Don Pedro from the succession to the crown, at least from the 15th of Nov. 1825, the Portuguese crown, on the 10th of March, 1826, incontestibly belonged to the most high and most powerful king and lord, Don Miguel the First, because, as the two princes were call.

́ed thereto, one after the other, on the first-born being legally excluded, the crown, by that legal exclusion, necessarily devolved to the second brother. In vain would it be to endeavour to seek out among the claimants another prince, or princess, entitled to the succession, after the first-born had been legally excluded, because, as no other than a descendant of Don Pedro could be found, it would be necessary to argue, in a manner repugnant to reason, and even to the very notion of legal terms, that after being excluded, he still pos. sessed rights to the succession; or else it must be admitted, which would equally be as great, if not a more evident absurdity, that on the 10th of March he could transmit rights which previously, according to the supposition above stated, he did not possess. That prince, or princess, so empowered, as long as a minor and in the hands of foreign parents, could not fail also to be reputed a foreigner in Portugal; but even if this were not supposed to be the case, on this account, he, or she, could not acquire rights, of which the only person who could transmit them, was already deprived by law.

ed with the fundamental laws of Portugal, could doubt their excluding from the throne every foreign prince, as well as every other prince who is politically disabled from re. siding in the kingdom? And who can doubt that Don Pedro, at least from the 15th of November, 1825, became a foreigner, by holding and considering himself as the sove. reign of a foreign state; and that he disabled himself from residing in Portugal, not only by the act of constituting himself sovereign of that same foreign state, but also by his binding himself by oath to the laws thereof, which so expressly and peremptorily forbid the same?

"The recollection of the politi. cal alterations and changes of Bra. zil is very recent ; the constitutional charter of Brazil is also very gene. rally known throughout Europe, and any effort on the part of the Three Estates to prove the exist. ence of laws and events so notorious, would be superfluous and even objectionable. How much more so must this be the case with true Po:tuguese, who seek to spare themselves the pain of touching these still bleeding wounds of their unhappy country, or of reviving the bitter recollection of their claims and rights, either regarded with indifference, or purposely ill-requited.

"These are the great and incontestible grounds on which the Three Estates have acknowledged their "However foreigners, unaclegitimate king and lord in the au- quainted with the fundamental laws gust person of Miguel the First. of Portugal, and even certain naThe first-born was excluded; the tives, who, perhaps, affect to forget descendants of the first-born, sup. them, think on the subject, the posing the said exclusion legal, Three Estates do not hesitate to alcould not therefore derive from lege and call to mind, the literal him, and much less from any other and clear resolution of the Cortes person, rights to the succession; Lamego, couched in these precise when the laws, indisputably, in words: Let not the kingdom that case, call the second line to come to foreigners. We do not the throne. wish that the kingdom, at any "What person, in fact, acquaint- time, should pass over to foreign

ers.'-the sense of which is so clear and distinct, that any commentary thereon would be useless and misplaced. They also allege and call to mind, the petition (un. doubtedly granted) of the Three Estates, in 1641, and particularly of the nobility, that most signal monument of their loyalty and zeal for the country's good, as well as of the political discretion of our ancestors. And it ought further to be observed, that it is not to be inferred from the aforesaid petition, that there was any doubt respecting the decision of the Cortes of Lamego, in this respect; previously, the same decision continually served as an argument to repel the pretensions of the Castilians, and as such is deduced in the fifth clause of the famous resolution passed in Cortes, in the said year. In that petition no innovation was sought regard. ing the exclusion of foreigners; it was rather endeavoured to repeat and strengthen the law; and remove all doubts, even the slightest, from interested parties, respecting the legislation known, and hitherto followed, even in the case of there being on the frontiers a formidable army, and, by terror, attempting to compel the arrest of pusillanimous judges.

16 The same rule was most assuredly observed, as seen from the plain narrative of those memorable events, in the controversy that was raised through the death of king Ferdinand, when Donna Beatrix, who found herself in similar circumstances to Don Pedro, experienced, as regards the royal succes. sion, the same repulse. Donna Beatrix was born in Portugal; she was the first-born and only daugh. ter of the presiding monarch, and, nevertheless, excluded from the

throne; and what motive excluded her? Was it her sex? But females succeed to the crown in Portugal. Was it the scruples respecting the marriage of Leonora ? These scruples, as recorded in history, did not, however, gain any ground till the Cortes of Coimbra. Was it for entering Portugal with an armed force? But this entry with an armed force was already provoked by resistance. The cause, consequently, clearly rested on her being a foreigner; and this was the ground of objection. This was the case, notwithstanding the public records of those times do not dwell on this point. It was, in fact, the repugnancy and resistance of the people. They knew the Portuguese laws; and the meaning of natural king,' that is, one who was born and lives among those over whom he rules, had its just value in the opinion of those true lovers of their country. Their generosity rejected with horror the danger of foreign dominion, and the mechanics of Lisbon and Santarem, as described by the only chronicler of that age, evinced more honourable feeling and judgment in their resolutions, than some of the presumptive wise men of the nineteenth century.

"But, they tell us, that Count de Boulogne was estranged to Portugal, and yet reigned in Portugal. The Count de Boulogne, however, did not reign by right of succes sion; he reigned extraordinarily by election. The leaders of this king. dom purposely went to France to fetch him-the pope's authority strengthened the choice, and by immediately proceeding to Portugal he recovered his right of birth. He did not take the title of king until after, as it were by dispensation, he

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