fears and her bigotry, she seemed even to shut her eyes upon the dangers with which her own principles threatened her own government. If Ferdinand was entitled to say to Pedro, 'I will not recognize the form of government which you have established in Portugal why should not England and Portugal on the same grounds say to Ferdinand, we will not recognize that which you have established in Spain? If Spain could say, we shall aid Chaves and Canellas, in overturning the regency," why should not the regency say, we shall let loose Mina, and his exiled countrymen upon your shores to overturn Ferdinand ?" were willing to await in indifference the issue of these machinations, and perhaps would not have been displeased to see the constitution of Portugal fall, they did not dare to lend their aide to its overthrow; and Spain found that she must depend upon her own resources. An open declaration of war was not suitable to her own internal state, and would have been too hard to justify in itself; she applied herself, therefore, to reach her end more covertly by finding a Spanish army in the adherents of Chaves and Canellas.u ६ The intrigues of these traitors and their coadjutors, aided by the money and agents of Spain, had Spain first expressed her fears begun to shew themselves even to the cabinets of her continental before the oath to the constitution allies, in the hope of finding in had been taken, in alarming and them kindred apprehensions, and frequent desertions from the Por receiving their countenance in the tuguese army. Instigators of re course which she might pursue. bellion appeared on different points But, however little some of these of the frontier, from Algarve to cabinets might be inclined to fa- Tras os Montes, assembling and vour popular rights, none of them arranging the deserters, who, until was inclined to imitate her incon- they formed a body strong sistency or endanger the peace of Europe by declaring war against the prerogative of kings. Although they did not, by any formal declaration, refuse to her all countenance in her plans, and for a time were suspiciously cold to the remonstrances of the Portuguese regency; yet neither did they openly justify her proceedings. England had taken the part of the new government firmly and decidedly. France, although her sincerity was exposed to suspicion by the mis conduct of her minister at Madrid, professed the most cordial satisfaction with the regency, and subse quently proved, by deeds, her dis approbation of the mad policy of Ferdinand. If among the other great powers, there were any who enough to act, were received as allies in the Spanish territory, by the Spa nish authorities. A whole regis ment abandoned the important fortress of Almeida, and, in the neighbourhood of Ciudad Rodrigo, awaited orders to return as invaders. To the south Magessi was assembling and organizing in the vicinity of Badajoz the batallions which deserted from the different corps stationed in the province of Alentejo: and in the north, Chaves and Montealegre, not only concentrated the fugitives, but, aided by the influence of the former, whose paternal estates were situated in that part of the kingdom, they crossed the frontier and advanced some leagues into the interior. Whenever the approach of the . constitutional troops compelled them to retire, they again found refuge in the Spanish territory, where they proceeded with their preparations as openly and tran quilly as if they had formed a Spanish army, and Spain had regularly declared war against Portugal. sht jo lat While they assumed the name of royalists, and received assistance from a monarch, who more than any other, was extravagant in his notions of kingly power, their declared object was, to control the sovereign by force and to alter the order of succession. They proclaimed Don Miguel king, although even after the abdication of Don Pedro, his rights were excluded by every one of Don Pedro's children. Failing him they transferred their allegiance to the princess of Beira and her son, although by the laws of Portugal, the marriage of that princess had incapacitated her from succeeding. g. On the 31st of July they proclaimed Don Miguel king, and the queen dowager regent during his absence. The desertions alarmed and embarrassed the regency not so much by their numerical amount, asoby the influence of the example, and the general distrust of the army which they inspired. Decrees were immediately issued, disbanding the different corps which had deserted, but holding out pardon to the privates and to the inferior officers upon their return to their duty. By the standing treaties between Portugal and Spain, each country was bound, in the case of troops de serting from the other, imme diately to disarm them, to restore their arms, money, and ammunition to the nearest authorities of the country from which they had 4 fled, and, if required, to deliver up the deserters themselves. But, in stead of any part of these engage ments being fulfilled by Spain, her military and civil governors on the frontiers, not only received the rebels us allies, and allowed: them to prepare for their campaign within the Spanish territories but where arms, or ammunition, or provisions were wanting, all these necessaries were supplied at the expense and by the authorities of Spain herself. Repeated applications were made to the comman ders in the frontier towns and fortresses, urging the execution of the existing conventions, which in an instant would have put an end to the hopes and schemes of the insurgents; but in every instance they were evaded, on the pretence that such a step could not be taken without entering upon negotiations which they never deigned. to particularize. These remonstrances proving fruitless, and it being evident that the officers in the provinces had higher sanction for this continued violation of treaties, Gomez, the Portuguese minister at Madrid, was directed, on the 7th of August, to communicate to the Spanish government the occurrences which had taken place; to explain that, as the regiments which had deserted had been disbanded, and the time limited in the decree in favour of the inferior officers and soldiers had expired, the individuals of these corps who might remain on the Spanish territory were guilty of treason and rebellion-and to demand, therefore, that they should be given up or placed in safe custody until brought to trial that the horses, arms, ammunition, money, &c., which they had carried off, should be immediately seized and returned and that the Spanish authorities, against whom the government of Portugal had such just cause of complaint, should be dismissed. But Gomez unfortunately was himself an adherent of the rebels; he had refused to take the oath to the constitutional charter; and as this was unknown at Lisbon when these instructions were sent to him, Portugal at this critical moment was left without a representative at the Court of Madrid. His place was abundantly supplied by Mr. Lamb, the British minister. Our government, from the vory first, had declared firmly that the Portuguese constitution should have fair play; that we were bound by treaties to interfere in defence of Portugal, if an unprovoked aggression should be made upon her from without; that we had no right, and no wish to interfere in civil dissentions among her own citizens; but that an army of Portuguese rebels, armed, equipped, and paid by Spain, would be treated as what it really was, a Spanish army. Spain did not wish to come single-handed to a contest with Britain; but she was equally unwilling to allow the constitution of Portugal to settle into tranquillity. Falsehood and evasion were employed, even when they deceived nobody all the remonstrances of Mr. Lamb were answered by lying assurances that the governors on the frontiers had acted without the knowledge or authority of the government by promises, which were never intended to be fulfilled, that such proceedings would be prevented for the future and by hypocritical la mentations that the Portuguese deserters should have abused the refuge afforded to them in the Spanish territory. In the mean f 11 time, the disobedient commandants were continued in their of fices; the refugee Portuguese were received and armed; the equipment of infantry and the mounting of cavalry were going on, in Gallicia, Valladolid and Salamanca, and Canellas himself, the very soul of the conspiracy, whom Ferdinand was bound by treaty, to have sent in chains to Lisbon, was residing in Madrid, in constant and familiar communication with the Spanish ministers, as if he had been the recognized plenipotentiary of the rebel chiefs. T t Hitherto the infidelity to the constitution and the regency had been confined to the military, and to the fortresses and towns on the frontier. In the interior the troops had displayed no symptoms of disaffection; every where the great body of the people had remained tranquil; and at Lisbon and Oporto public opinion was decidedly in favour of the new system. An abortive attempt made at Lis bon to excite insurrection only strengthened the government, by the contemptible poverty of its means, and the facility with which it was suppressed. Some disaffected officers, having seduced four companies of the cavalry of police, along with a few infantry, formed the project of rising in open rebellion in the heart of the capital on the night of the 21st of August. If they were joined by the garrison, it was their intention to proclaim a new king, and institute a new regency; if they found their forec unequal to that attempt, they were to march to Villa Franca, a short way above Lisbon, on the Tagus, and there await the effect which their example might produce; and if even this last experiment should fail, they were finally to 1 march quite across Portugal into Spain. The conspiracy was com municated to the government: the four companies were disarmed with out resistance; and both the garrison and the people of Lisbon displayed the highest zeal in supporting the measures of the regency. To contribute to the tranquillity of the capital, a decree* was issued, requiring all persons, who should cry newspapers, periodical, or other printed papers about the streets for sale, to take out a licence from the police; and ordaining that, if any person so licenced should announce alarming news, proclaim seditious papers, publish calumnies, or give criminal notifications, he should be arrested, and detained until it should be ascertained, whether his spoken program were conformable to the contents of the paper he was vending, and till he should give up the editor or author. The execution of this decree was intrusted to the military patroles. It was no favourable treatment of the press to constitute such functionaries the judges of what might be "alarming news, seditious papers, or criminal notifications;" but, at the commencement of an untried order of things, threatened by open rebels from without, and apprehensive of concealed traitors from within, measures of strict and irregular police are, not merely justifiable, but indispensable. Another decree, issued on the 27th September, was directed against the conspirators who had already left the kingdom, and those who might be disposed to join them. It ordered the local authorities in the different towns and cities throughout the kingdom to make up lists of all persons, of whatever condition, who had emigrated from their respective districts, pointing out their dignities and employe ments, and to sequestrate the property of the fugitives of every description. But, by the existing law of Portugal, the punishment of the absentees, independently of their rebellion, went much further law, not only was any person, leavthan sequestration. By the old ing the kingdom without permis sion, deprived of his civil rights and employments, but his property was ipso facto confiscated, without any judgment of a court, upon a bare certificate of his absence. In 1792, changed into sequestration during this severe forfeiture had been but in 1811, the decree of 1792 the absence of the offending party firmed in all its parts. was repealed, and the old law con‐ of the defection of their minister The regency, on being informed Gomez, had despatched the marquis of Villa Real as plenipotentiary to Madrid. Spanish ministry, still refusing to On his arrival, the acknowledge his government, refused to recognize his official character-a double rejection, which constituted in itself, by the law of perhaps, an immediate declaration nations, a just cause of war; and, of war by Portugal would have brought Spain more speedily to listen to reason. But the former rassments of war, if by possibility was unwilling to add the embarthey might be avoided, to the difficulties in which every new government finds itself; and hoped that the recognition of the constitution liberty to have recourse to every by Don Miguel, which was daily expected from Vienna, would check the ardour of conspirators who had no shield but his name. Be sides, in the event of a war, Britain was the only power to which Portugal could look for active and immediate aid; and, as Britain was bound to come to her aid, only if she was unjustifiably attacked, it was wise to allow Spain to develop her wiles more fully, and put herself in the wrong, to the conviction of all the world. For the same reasons, the marquis of Villa Real still continued his diplomatic intercourse with the Spanish government. He pressed for the recognition of the charter and the regency, the punishment of the commanders on the frontiers who had openly protected and armed the rebels, the expulsion of Canellas from Madrid, and at all events, the seizure and restoration of the arms which the deserters had carried off. His demands either remained unanswered or were evaded. The pretence of Spain was, the necessity of consulting with her allies before taking so important a step as the recognition of the new government. But the opinion of her allies was already known; every great court in Europe had recognized the regency as a legitimate government, and had its accredited agents in Lisbon. Wearied out by this long course of bad faith, the Portuguese minister addressed a note to M. Salmon, Ferdinand's minister for foreign affairs, in the end of September, stating, that, if the court of Madrid finally refused to recognize the present government proceeded as actively as bement of Portugal, and would not fore; the very arms which were satisfy her demands with respect to to be seized and restored were put the refugees, he would withdraw into the hands of refugees, or himself immediately, and then allowed to remain in them; and Portugal would feel herself at Portugal was again invaded both in the north and in the south. 1 1 |